text:
Citation, commencement and interpretation
1
1
These Rules may be cited as the Adoption (Amendment) Rules 1991 and shall come into force on 14th October 1991.
2
In these Rules “the 1984 rules” means the Adoption Rules 1984 , and, unless the context otherwise requires, a provision or form referred to by number alone means the provision or form so numbered in those Rules.
Amendments to the Adoption Rules 1984
2
The 1984 rules shall have effect subject to the following amendments.
3
1
In rule 2(1)–
a
for the definitions of “the 1958 Act”, “the 1968 Act”, “the 1975 Act” and “the 1980 Act” there shall be substituted the following definition
‘“ the Act ” means the Adoption Act 1976’;
b
in the definition of “Convention Proceedings”, for the words “the 1968 Act” there shall be substituted the words “the Act”;
c
in the definition of “the court”, for the words from “having authority” to the end shall be substituted the words “falling within the class specified for the commencement of proceedings under the Act by an Order under Part I of Schedule 11 to the Children Act 1989” ;
d
in the definition of “interim order”, for the words “section 19 of the 1975 Act” there shall be substituted the words “section 25 of the Act”;
e
in the definition of “order authorising a proposed foreign adoption”, for the words “section 25 of the 1975 Act” there shall be substituted the words “section 55 of the Act”;
f
in the definition of “proper officer”, for the words “a registrar” there shall be substituted the words “a district judge”.
2
The following shall be substituted for rule 2(2):
2
Except where a contrary intention appears, a word or phrase used in these rules shall have the same meaning as in the Children Act 1989 or, where the word or phrase does not appear in that Act, as in the Act.
3
In rule 2(3) the words “a rule referred to by number means the rule so numbered in these rules, and” shall be omitted.
4
1
In rule 3(1), for the words “the 1958 Act or Part I of the 1975 Act” there shall be substituted the words “the Act”.
2
In rule 3(2)–
a
the word “(Revision)” shall be omitted and
b
for the words from “and a county court respectively” to the end there shall be substituted the words “or a county court under the Act”.
5
1
In rule 4(1)(b), for the words “the appropriate” there shall be substituted the word “a”.
2
In rule 4(2), the following shall be substituted for paragraphs (b) to (e):
b
any local authority or voluntary organisation which has parental responsibility for, is looking after, or is caring for, the child;
.
6
1
In rule 5(3), for the words “the Guardian ad Litem and Reporting Officers (Panels) Regulations 1983” there shall be substituted the words “regulations under section 41(7) of the Children Act 1989, if any,”.
2
In rule 5(4)–
a
in sub-paragraph (b) for the words “section 14(7) of the 1975 Act” there shall be substituted the words “section 18(6) of the Act”;
b
in sub-paragraph (e)
i
for the words “an illegitimate child for adoption and his father is not his guardian” there shall be substituted the words “for adoption a child whose parents were not married to each other at the time of his birth and whose father is not his guardian”; and
ii
for the words “section 14(8) of the 1975 Act” there shall be substituted the words “section 18(7) of the Act”.
7
In rule 6(5), for the words “the Guardian ad Litem and Reporting Officers (Panels) Regulations 1983” there shall be substituted the words “regulations under section 41(7) of the Children Act 1989, if any,”.
8
In rule 7(1), for the words “section 12(2) of the 1975 Act” there shall be substituted the words “section 16(2) of the Act”.
9
In rule 12(2)–
a
for the words “in which the parental rights and duties relating to the child are vested by virtue of section 23 of the 1975 Act” there shall be substituted the words “which has parental responsibility for the child by virtue of section 21 of the Act”; and
b
for the words “rule 4(2)(b), (c), (d) or (e)” there shall be substituted the words “rule 4(2)(b)”.
10
1
For the heading to rule 13 there shall be substituted “Substitution of one adoption agency for another”.
2
In rule 13(1), for the words from “by two adoption agencies desiring the court” to “of the 1975 Act” there shall be substituted the words “under section 21(1) of the Act”.
3
In rule 13(2)–
a
for the words “section 23 of the 1975 Act” there shall be substituted the words “section 21 of the Act”;
b
for the words “section 14 of the 1975 Act” there shall be substituted the words “section 18 of the Act”; and
c
for the words “section 15(1) of the 1975 Act” there shall be substituted the words “section 19(1) of the Act”.
11
1
In rule 15(1)(b), for the words “the appropriate” there shall be substituted the word “a”.
2
In rule 15(2), the following shall be substituted for sub-paragraph (b):
b
any adoption agency having parental responsibility for the child by virtue of sections 18 or 21 of the Act;
.
3
In rule 15(2)(d), for the words “section 18 of the 1975 Act” there shall be substituted the words “section 22 of the Act”.
4
In rule 15(2), the following shall be substituted for sub-paragraphs (e) to (g):
e
any local authority or voluntary organisation which has parental responsibility for, is looking after, or is caring for, the child;
.
5
Rule 15(2)(i) is revoked.
6
In rule 15(2)(j), for the words “section 11(1)(b)(ii) of the 1975 Act” there shall be substituted the words “section 15(1)(b)(ii) of the Act”.
12
In rule 16–
a
for the words “section 22(4) of the 1975 Act” there shall be substituted the words “section 24(1) of the Act”; and
b
for the word “judge” there shall be substituted the words “judge or district judge”.
13
In rule 17(3), for the words “the Guardian ad Litem and Reporting Officers (Panels) Regulations 1983” there shall be substituted the words “regulations under section 41(7) of the Children Act 1989, if any,”.
14
In rule 18(5), for the words “the Guardian ad Litem and Reporting Officers (Panels) Regulations 1983” there shall be substituted the words “regulations under section 41(7) of the Children Act 1989, if any,”.
15
In rule 19(1), for the words “section 12(2) of the 1975 Act” there shall be substituted the words “section 16(2) of the Act”.
16
In rule 21(2), (3) and (4), for the words “section 18 of the 1975 Act” there shall be substituted the words “section 22 of the Act”.
17
In rule 22(2), for the words “section 18 of the 1975 Act” there shall be substituted the words “section 22 of the Act”.
18
In rule 23(7), for the words “section 10 of the 1975 Act” there shall be substituted the words “section 14(1A) or (1B) of the Act”.
19
In rule 24(5), for the words “section 14 of the 1975 Act” there shall be substituted the words “section 18 of the Act”.
20
Rule 26 is revoked.
21
1
In rule 27(1), the words “1958 Act or Part I of the 1975” shall be omitted.
2
In rule 27(2), for the words “section 9 of the 1968 Act” there shall be substituted the words “section 70 of the Act”.
22
In rule 29(2), for the words “section 24(2)(a), (4)(a) or (5)(a) of the 1975 Act” there shall be substituted the words “section 17(2)(a), (4)(a) or (5)(a) of the Act”.
23
In rule 30, for the words “section 24(2), (3) and (4) or (5) of the 1975 Act” there shall be substituted the words “section 17(2), (3) and (4) or (5) of the Act”.
24
In rule 32, for the words “section 24(6)(a) of the 1975 Act” there shall be substituted the words “section 17(6)(a) of the Act”.
25
In rule 36–
a
for the words “section 24(7)(a) of the 1975 Act” there shall be substituted the words “section 17(7)(a) of the Act”; and
b
for the word “Registrar” there shall be substituted the words “District Judge”.
26
1
For the cross heading “PROCEEDINGS UNDER SECTION 6 OF THE 1968 ACT” which follows rule 36 there shall be substituted the cross heading “PROCEEDINGS UNDER SECTIONS 52 OR 53 OF THE ACT”.
2
In rule 37(1), for the words “section 6(1) or (2) of the 1968 Act” there shall be substituted the words “section 52(1) or 53(1) of the Act”.
3
In rule 37(2), for the words “section 6(1) of the 1968 Act” there shall be substituted the words “section 53(1) of the Act”.
27
In rule 38, for the words “section 6(3) of the 1968 Act” there shall be substituted the words “section 53(2) of the Act”.
28
1
In rules 39 to 41, for the words “section 6 of the 1968 Act”, wherever they appear, there shall be substituted the words “section 52 or 53 of the Act”.
2
In rule 39(2), for the words “section 6(1) or (3) of the 1968 Act” there shall be substituted the words “section 53 of the Act”.
3
Rule 41(3) is revoked.
29
In rule 42–
a
for the words “section 24(8) of the 1975 Act” there shall be substituted the words “section 17(8) of the Act”; and
b
for the words “section 7(4) of the 1968 Act” there shall be substituted the words “section 54(4) of the Act”.
30
In rule 43, for the words “section 24(8) of the 1975 Act” there shall be substituted the words “section 17(8) of the Act”.
31
In rule 44, for the words “section 87 of the County Courts Act 1959” there shall be substituted the words “section 58(1)(c) of the County Courts Act 1984”.
32
1
The following shall be substituted for rule 47(1):
1
An application–
a
for leave under section 27 or 28 of the Act to remove a child from the home of a person with whom the child lives,
b
under section 29(2) of the Act for an order directing a person not to remove a child from the home of a person with whom the child lives,
c
under section 29(1) of the Act for an order for the return of a child who has been removed from the home of a person with whom the child lives,
d
under section 30(2) of the Act for leave to give notice of an intention not to give a home to a child or not to allow a child to remain in a person’s home, or
e
under section 20(2) of the Act for leave to place a child for adoption,
shall be made in accordance with paragraph (2).
.
2
In rule 47(2),
a
in sub-paragraph (a), for the words “sections 14 or 16 of the 1975 Act” there shall be substituted the words “sections 18 or 20 of the Act”; and
b
in sub-paragraph (b), the word “appropriate” shall be omitted.
3
Rule 47(3) is revoked.
4
In rule 47(5)–
a
for the words “section 14 or 16 of the 1975 Act” there shall be substituted the words “sections 18 or 20 of the Act”;
b
for the words “section 18 of the 1975 Act” there shall be substituted the words “section 22 of the Act”.
33
In rule 49(1)–
a
for the words “section 24 of the 1958 Act” there shall be substituted the words “paragraph 4 of Schedule 1 to the Act”;
b
for the words “under section 26 of the 1958 Act (or section 1(1) of the Adoption Act 1960)” there shall be substituted the words “under section 52 of the Act”.
34
1
In rule 52(1)–
a
for the words “section 14 of the 1975 Act” there shall be substituted the words “section 18 of the Act”;
b
for the words “section 16 of the 1975 Act” there shall be substituted the words “section 20 of the Act”.
2
Rule 52(6) is revoked.
3
In rule 52(7), for the words from “section 8(3)” to the end there shall be substituted the words “section 12(8) of the Act (orders relating to parental responsibility for, and maintenance of, the child)”.
35
In rule 53(1) and (4), for the words “the 1958 Act, the 1968 Act or Part I of the 1975 Act” there shall be substituted the words “the Act”.
36
In Form 1–
a
for the second paragraph of the Notes there shall be substituted “If the application is made to a county court, it may be made to any county court which has been designated as a divorce county court under section 33 of the Matrimonial and Family Proceedings Act 1984” ;
b
for the words “In the matter of the Adoption Act 1958 and in the matter of the Children Act 1975 and” there shall be substituted the words “In the matter of the Adoption Act 1976 and”;
c
in paragraph 7, for the word “Care” there shall be substituted the word “Home”;
d
the following shall be substituted for paragraph 8:
8
The child is being looked after by (who have parental responsibility for the child).
;
e
in paragraph 11–
i
for the words “The chid is illegitimate” there shall be substituted the words “The child’s parents were not married to each other at the time of his birth”;
ii
for the words “the custody” there shall be substituted the words “an order under section 4(1)(a) of the Children Act 1989 or for a residence order in respect”;
f
in the note to paragraph 3, for the words from “If the child is illegitimate” to the end there shall be substituted the words “If the child’s parents were not married to each other at the time of his birth and the father has parental responsibility for the child, give details under paragraph 12 of the court order or the agreement which provides for parental responsibility”;
g
in the note to paragraph 4 after the words “court of competent jurisdiction” there shall be inserted the words “, or under section 5 of the Children Act 1989,”;
h
in the note to paragraphs 5 and 6–
i
for the words “an illegitimate child” there shall be substituted the words “a child whose parents were not married to each other at the time of his birth”;
ii
for the words “custody of” there shall be substituted the words “parental responsibility for”;
iii
after the words “of a court order” there shall be inserted the words “or by agreement or he has a residence order in respect of the child”; and
iv
for the words “section 12(2) of the 1975 Act” there shall be substituted the words “section 16(2) of the Act”; and
i
in the note to paragraph 8, for the words “in the care of” there shall be substituted the words “being looked after by”.
37
In Form 2–
a
in paragraph 2, for the words “the parental rights and duties relating to the child and to vest them” there shall be substituted the words “parental responsibility for the child and to vest it”; and
b
in paragraph 3, for the words “the parental duties” there shall be substituted the words “his parental responsibility”.
38
In Form 3–
a
in paragraph 3–
i
for the words “in the care of” there shall be substituted the words “being looked after by”; and
ii
for the words “actual custody” there shall be substituted the word “home”; and
b
for the word “Registrar” there shall be substituted, in each place, the words “District Judge”.
39
In Form 4–
a
for the words “the parental rights and duties” there shall be substituted the words “parental responsibility”; and
b
in note (b), for the words “section 14(7) of the Children Act 1975” there shall be substituted the words “section 18(6) of the Act”.
40
In Form 5–
a
for the heading to the form there shall be substituted “Application for Substitution of One Adoption Agency for Another”;
b
for the words “the parental rights and duties in respect of” there shall be substituted the words “parental responsibility for”;
c
for the words “section 14 of the Children Act 1975” there shall be substituted the words “section 18 of the Adoption Act”; and
d
for the words “section 15(1) of the Children Act 1975” there shall be substituted the words “section 19(1) of the Adoption Act”.
41
In Form 6–
a
for the second paragraph of the Notes there shall be substituted “If the application is made to a county court, it may be made to any county court which has been designated as a divorce county court under section 33 of the Matrimonial and Family Proceedings Act 1984;”
b
in paragraph 8–
i
for the words “section 14 of the Children Act 1975” there shall be substituted the words “section 18 of the Adoption Act”; and
ii
for the words “the parental rights and duties relating to the child were thereby vested in (and were” there shall be substituted the words “parental responsibility for the child was thereby vested in (and was”; and
iii
for the words “section 23 of the Children Act 1975” there shall be substituted the words “section 21 of the Adoption Act”;
c
the following shall be substituted for paragraph 13:
13
The child is being looked after by (who have parental responsibility for the child).
;
d
in the note to paragraph 8, for “section 23” there shall be substituted “section 21”;
e
in the note to paragraph 9, for the words from “if the child is illegitimate” to the end there shall be substituted the words “if the parents of the child were not married to each other at the time of his birth and the father has parental responsibility for the child, give details under paragraph 19 of the court order or the agreement which provides for parental responsibility”;
f
in the note to paragraph 10–
i
after the words “court of competent jurisdiction” there shall be inserted the words “, or under section 5 of the Children Act 1989,”;
g
in the note to paragraphs 11 and 12–
i
for the words “an illegitimate child” there shall be substituted the words “a child whose parents were not married to each other at the time of his birth”;
ii
for the words “section 12(2) of the 1975 Act” there shall be substituted the words “section 16(2) of the Act”;
iii
for the words “custody of” there shall be substituted the words “parental responsibility for”; and
iv
after the words “of a court order” there shall be inserted the words “or by agreement or he has a residence order in respect of the child”;
h
in the note to paragraph 13, for the words “in the care of” there shall be substituted the words “being looked after by”;
i
in paragraphs 17 and 20, for the words “actual custody” there shall be substituted, in each place, the word “home”;
j
in the note to paragraphs 16 and 17, for the words “section 9 of the 1975 Act” there shall be substituted the words “section 13 of the Act”;
k
in the note to paragraph 19–
i
for the words “section 22(4) of the 1975 Act” there shall be substituted the words “section 24(1) of the Act”;
ii
for the words from “section 42” to the end there shall be substituted the words “Part I of the Children Act 1989”;
l
in the note to paragraph 21, for the words “actual custody” there shall be substituted the word “home”; and
m
in the note to paragraph 22, for the words “section 57(1) of the Adoption Act 1958 (as amended)” there shall be substituted the words “section 72(1) of the Act”.
42
In Form 7–
a
for the words “the parental rights and duties relating to the child” and “parental duties in relation to the child” there shall be substituted, in each place, the words “parental responsibility for the child”;
b
in the note to the preamble–
i
for the words from “The father” to “by virtue of a court order” there shall be substituted the words “The father of a child who was not married to the child’s mother when the child was born is not a parent for this purpose unless he has parental responsibility by virtue of a court order or an agreement or he has a residence order in respect of the child”;
ii
after the words “court of competent jurisdiction” there shall be inserted the words “, or under section 5 of the Children Act 1989,”;
c
in the notes to paragraphs 3 and 5, for the words “actual custody” there shall be substituted, in each place, the word “home”.
43
In Form 8–
a
in paragraphs 4 and 5, for the words “actual custody” there shall be substituted, in each place, the word “home”;
b
for the word “Registrar” there shall be substituted, in each place, the words “District Judge”; and
c
the words “the Principal Registry of” shall be omitted.
44
In Form 9–
a
for the words “In the Matter of the Adoption Act 1968” there shall be substituted the words “In the Matter of the Adoption Act 1976”; and
b
for the words “section 6(1) or (2) of the Adoption Act 1968” there shall be substituted the words “section 52(1) or 53(1) of the Adoption Act 1976”;
c
in the notes, for the words “section 6(1) or (2) of the Adoption Act 1968” there shall be substituted the words “section 53 of the Act”.
45
In Form 10–
a
for the words “sections 8(1) and 24 of the Children Act 1975” there shall be substituted the words “sections 12(1) and 17 of the Adoption Act 1976”;
b
for the words “section 8 of the Children Act 1975” there shall be substituted the words “section 12(1) of the Adoption Act 1976”;
c
in the note to paragraph 1, for the words from “An overseas adoption” to “Adoption Act 1968” there shall be substituted the words “An overseas adoption is one occurring in a place, under the law of that place, listed in the Schedule to the Adoption (Designation of Overseas Adoptions) Order 1973 ”.
d
in the note to paragraphs 2 and 3–
i
for the words “section 107(1) of the 1975 Act” there shall be substituted the words “section 72(1) of the 1976 Act”; and
ii
for the words from “Northern Ireland” to the end there shall be substituted the words “those countries listed in the Schedule to the Adoption (Designation of Overseas Adoptions) Order 1973”.
46
In Form 11–
a
in the heading, for the words “section 6 of the Adoption Act 1968” there shall be substituted the words “sections 52 and 53 of the Adoption Act 1976”;
b
in the note to paragraph 4, for the words “section 6(3) of the Adoption Act 1968” there shall be substituted the words “section 53(2) of the Adoption Act 1976”;
c
in the note to paragraph 7, for the words “section 6(1) of the Adoption Act 1968” there shall be substituted the words “section 53(1) of the Adoption Act 1976”; and
d
in the note to paragraph 8, for the words “section 6(2) of the Adoption Act 1968” there shall be substituted the words “section 52(1) of the Adoption Act 1976”.
47
In Form 12–
a
for the words “the parental rights and duties relating to the child” there shall be substituted the words “parental responsibility for the child”; and
b
the words “under section 14(7) of the 1975 Act” shall be omitted.
48
In Form 13–
a
for the words “the parental rights and duties relating to the child” there shall be substituted the words “parental responsibility for the child”;
b
for the words “section 16 of the Children Act 1975” there shall be substituted the words “section 20 of the Adoption Act 1976”;
c
for the words “section 14 of the Children Act 1975” there shall be substituted the words “section 18 of the Adoption Act 1976”; and
d
for the words “section 15(3) of that Act” there shall be substituted the words “section 19(3) of that Act”.
49
In Form 14, for the words “legal custody” there shall be substituted, in each place, the words “parental responsibility”.
50
In Form 15, for the words “the parental rights and duties relating to the child (including the legal custody of the child)” there shall be substituted the words “parental responsibility for the child”.
51
In Schedule 2–
a
for paragraph 1(b) there shall be substituted the following:
b
whether the child’s parents were married to each other at the time of his birth and, if not, whether he was subsequently legitimated
;
b
in paragraph 1(g), for the words from “or local authority” to the end there shall be substituted the words “relating to parental responsibility for the child or to maintenance and residence”;
c
in paragraph 1(h), for the words “in respect of care and custody” there shall be substituted the words “concerning with whom they are to live”;
d
in paragraph 1(i)–
i
for the words “access to” there shall be substituted the words “contact with”; and
ii
for the words “if the child is illegitimate” there shall be substituted the words “if the child’s parents were not married to each other at the time of his birth”;
e
in paragraph 1(j), after the words “or voluntary organisation” there shall be inserted the words “or is in such care, or is being, or has been, looked after by such an authority or organisation,”;
f
in the heading to paragraph 2, the words from “including” to the end shall be omitted;
g
in paragraph 4(e), for the words “an order relating to the custody of the child” there shall be substituted the words “a residence order”;
h
in paragraph 5(b)–
i
for the words “section 18 of the 1975 Act” there shall be substituted the words “section 22 of the Act”;
ii
for the words “section 29 of the 1958 Act” there shall be substituted the words “section 11 of the Act”;
i
in paragraph 6(b)–
i
for the words “an illegitimate child” there shall be substituted the words “a child whose parents were not married to each other at the time of his birth”; and
ii
for the words “any of the parental rights and duties” there shall be substituted the words “parental responsibility”; and
j
in paragraph 7(e), for the word “custody” there shall be substituted the words “a residence order”.
52
In Schedule 4–
a
for the words “section 24(4)(a) of the 1975 Act” there shall be substituted the words “section 17(4)(a) of the Act”;
b
for the words “section 24(4)(b) of the 1975 Act” there shall be substituted the words “section 17(4)(b) of the Act”;
c
for the words “section 24(5)(a) of the 1975 Act” there shall be substituted the words “section 17(5)(a) of the Act”;
d
for the words “section 24(5)(b) of the 1975 Act” there shall be substituted the words “section 17(5)(b) of the Act”;
e
for the words “section 107(1) of the 1975 Act” there shall be substituted the words “section 72(1) of the Act”; and
f
for the words “section 24(8) of the 1975 Act” there shall be substituted the words “section 17(8) of the Act”.
Mackay of Clashfern, C.
5th August 1991


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations, which may be cited as the Medicines (Pharmacies) (Applications for Registration and Fees) Amendment Regulations 1991, shall come into force on 1st January 1992.
Amendment of Regulation 3 of the Medicines (Pharmacies) (Applications for Registration and Fees) Regulations 1973
2
Regulation 3 of the Medicines (Pharmacies) (Applications for Registration and Fees) Regulations 1973 shall be amended as follows:–
a
in paragraph (1) (fee for registration of premises), for “£104” there shall be substituted “£113” and for “£54” (fee where premises are in Northern Ireland) there shall be substituted “£58”;
b
in paragraph (2) (retention fee), for “£67” there shall be substituted “£73” and for “£49” (fee where premises are in Northern Ireland) there shall be substituted “£53”; and
c
in paragraph (3) (additional sum by way of penalty), for “£215” there shall be substituted “£233” and for “£154” (sum where premises are in Northern Ireland) there shall be substituted “£166”.
Revocation
3
The Medicines (Pharmacies) (Applications for Registration and Fees)Amendment Regulations 1990 are hereby revoked.
Signed by authority of the Secretary of State for Health
Virginia Bottomley
Minister of State,
Department of Health
15th November 1991
David Hunt
Secretary of State for Wales
15th November 1991
Ian Lang
Secretary of State for Scotland
15th November 1991
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland this 15th day of November 1991.
F. A. Elliott
Permanent Secretary


text:
Citation and commencement
1
1
This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session Amendment No.5) (Prevention of Terrorism) 1991 and shall come into operation on 3rd June 1991.
2
This Act of Sederunt shall be inserted in the Books of Sederunt.
Amendment of the Rules of the Court of Session
2
1
The Rules of the Court of Session shall be amended in accordance with the following paragraphs.
2
After rule 201R (causes under the Criminal Justice (Scotland) Act 1987: appeals) insert the following Section and rules: —
SECTION 2B CAUSES UNDER THE PREVENTION OF TERRORISM (TEMPORARY PROVISIONS) ACT 1989
Interpretation
201S
1
In this Section, “the Act of 1989 ” means the Prevention of Terrorism (Temporary Provisions) Act 1989.
2
Words and expressions used in this Section which are also used in the Act of 1989 have the same meaning as in that Act unless the context otherwise requires.
Applications for restraint orders
201T
1
An application under paragraph 13(1) of Schedule 4 to the Act of 1989 for a restraint order, shall be made by petition presented in the Outer House.
2
Rules 191(aa), (b) and (c), 192, and 195 to 197 shall not apply to a petition to which this rule applies.
General provisions in relation to restraint orders
201U
1
Where a restraint order is made, the Lord Advocate shall serve a copy of it and of the petition on all persons named in the interlocutor as restrained by the order and give notice to all persons affected by the restraint order.
2
Rule 74A, 74B and 75 shall apply to the service of a copy of an order under paragraph (1) as they apply to citation and service of a summons.
Miscellaneous applications
201V
1
An application under paragraph 13(4) (discharge of a restraint order), 14(2) (variation or recall of restraint order), 14(3) (recall of restraint order) or 16(2)(a) or (6)(a) (recall or restriction of arrestment or inhibition) of Schedule 4 to the Act of 1989 shall be made by motion in the process of the petition to which the application relates.
2
A motion under paragraph (1) shall be intimated by first class recorded delivery letter on an induciae of 7 days and the applicant shall lodge in process a copy of the letter of intimation and the Post Office receipt of posting of the letter.
3
A motion under paragraph (1) shall include a brief statement of the reasons for the application; and the court may, at the hearing of the motion, order that the application be made by note.
4
An application under paragraph 16(1) of Schedule 4 to the Act of 1989 (warrant for arrestment or inhibition) may be made in the prayer of the petition for a restraint order under paragraph 13(1) of Schedule 4 to the Act of 1989 or, if made after presentation of the petition, by motion in that process and shall not be intimated.
5
An application under paragraph 17(1) of Schedule 4 to the Act of 1989 (compensation) shall be made by petition presented in the Outer House.
Powers and duties of administrator appointed under paragraph 11(1)(b) of Schedule 4 to the Act of 1989
201W
1
Subject to any condition or exception specified by the court, an administrator–
a
shall be entitled to take possession of the property as regards which he has been appointed and of any document which both–
i
is in the possession or control of the person (in this Section referred to as “A”) in whom the property is vested; and
ii
relates to the property;
b
shall be entitled to have access to, and to copy, any document relating to the property and not in such possession or control as is mentioned in sub-paragraph (a) above;
c
may bring, defend or continue any legal proceedings relating to the property;
d
may borrow money in so far as it is necessary to do so to safeguard the property and may for the purposes of such borrowing create a security over any part of the property;
e
may, if the administrator considers that to do so would be beneficial for the management and realisation of the property enter into any contract, or execute any deed, as regards the property;
f
may effect or maintain insurance policies as regards the property;
g
may, where A has uncompleted title to any of the property, complete title thereto: provided that completion of title in A’s name shall not validate by accretion any unperfected right in favour of any person other than the administrator;
h
may sell (but not to himself or an associate of his), the property and redeem any obligation secured thereon;
i
may discharge any of his functions through agents or employees: provided that the administrator shall be personally liable to meet the fees and expenses of any such agent or employee out of such remuneration as is payable to the administrator by virtue of paragraph 12(2) and (3) of Schedule 4 of the Act of 1989;
j
may take such professional advice as he may consider requisite for the proper discharge of his functions;
k
may at any time apply to the Court of Session for directions as regards the discharge of his functions;
l
may exercise any power specifically conferred on him by the Court, whether such conferral was at the time of his appointment or on his subsequent application to the Court in that regard; and
m
may do anything incidental to the above powers and duties.
2
Subject to the proviso to sub-paragraph (g) of paragraph (1) above–
a
a person dealing with an administrator in good faith and for value shall not require to determine whether the administrator is acting within the powers mentioned in that subsection; and
b
the validity of any title shall not be challengeable by reason only of the administrator having acted outwith those powers.
3
The exercise of a power mentioned in any of sub-paragraphs (c) to (h) of paragraph (1) above shall be in A’s name.
Further duties of administrator
201X
1
As soon as possible, but not later than 3 months, after the date of his appointment, the administrator shall lodge with the Accountant of Court–
a
an inventory of the property in respect of which he has been appointed;
b
all land certificates, title deeds, vouchers, and other documents which relate to that property and are in his possession; and
c
a statement of the property which he has in his possession or intends to realise.
2
An administrator shall maintain accounts of his intromissions with the property in his charge and shall–
a
lodge an account of his intromissions with the Accountant of Court in such form as the Accountant of Court may require–
i
6 months after the date of his appointment; and
ii
at 6 monthly intervals after the first account during the subsistence of his appointment, unless the Accountant of Court agrees to waive the lodging of an account where the administrator certifies that there have been no intromissions during a particular accounting period; and
b
lodge, with the account of his intromissions all such supporting vouchers and other documents as the Accountant of Court may require.
Money received by administrator
201Y
1
Subject to paragraph (2) below, all money received by an administrator in the exercise of his powers and duties shall be deposited by him in an appropriate bank or institution, in the name of A.
2
The administrator may at any time retain in his hands a sum not exceeding £200.
3
In paragraph (1) above, “appropriate bank or institution” means the Bank of England, an institution authorised under the Banking Act 1987 or a person for the time being specified in Schedule 2 to that Act.
.
3
In rule 249S(1) , after the definition of “the Act of 1988” insert the following definition:–
‘the Act of 1989’ means the Prevention of Terrorism (Temporary Provsions) Act 1989 ;
4
In rule 249T(1A) –
a
omit the word “and”; and
b
after the word “applies” in sub-paragraph (c) insert the following:–
and
d
paragraph 19(2) of Schedule 4 to the Act of 1989 for registration of an England and Wales order, Northern Ireland order or Islands order.
.
5
In rule 249U(1) and (2) , after the words “to the Act of 1988” insert the words “or the Act of 1989”.
6
In rule 249V(1) , after the words “Form 62”, insert the words “or 62A, as the case may be”.
7
In rule 249Y(1) –
a
after the words “the Act of 1988”, insert the words “or paragraph 16(1) of Schedule 4 to the Act of 1989”; and
b
omit the words “by the prosecutor”.
8
In the Appendix, after Form 62, insert Form 62A in the Schedule to this Act of Sederunt.
J.A.D. Hope
Lord President, IPD
Edinburgh
7th May 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North Surrey Water Company (Constitution and Regulation) Order 1991 and shall come into force on 1st August 1991.
2
In this Order–
“the 1845 Act ” means the Companies Clauses Consolidation Act 1845 ;
“the 1863 Act ” means the Companies Clauses Act 1863 ; and
“the Third Schedule” means the Third Schedule to the Water Act 1945 .
Approval of proposal contained in the special resolution
2
The proposal contained in the special resolution is hereby approved.
Cessation of local statutory provisions
3
The date specified for the purposes of section 101(2) of the Act as the date on which the local statutory provisions shall cease to have effect and the memorandum and articles shall come into force is 1st August 1991.
Consequential provision
4
The provisions of the North Surrey Water Acts and Orders 1877 to 1988 referred to in Schedule 2 hereto are repealed to the extent indicated in that Schedule with effect from 1st August 1991.
Michael Heseltine
One of Her Majesty’s Principal Secretaries of State
27th June 1991


text:
1
This Order may be cited as the Pilotage Act 1987 (Commencement No.4) Order 1991.
2
The provisions of the Act not already in force shall come into force on 30th April 1991.
Signed by authority of the Secretary of State for Transport
Roger Freeeman
Minister of State,
Department of Transport
18th April 1991


text:
Citation, commencement and interpretation
1
–
1
These Regulations may be cited as the Social Security (Attendance Allowance) Regulations 1991 and shall come into force on 6th April 1992.
2
In these Regulations–
“ the Act ” means the Social Security Act 1975;
“the NHS Act of 1977 ” means the National Health Service Act 1977 ;
“the NHS Act of 1978 ” means the National Health Service (Scotland) Act 1978 ;
“the NHS Act of 1990 ” means the National Health Service and Community Care Act 1990 ;
“terminally ill” shall be construed in accordance with section 35(2C) of the Act .
3
Unless the context otherwise requires, any reference in these Regulations to a numbered regulation is a reference to the regulation bearing that number in these Regulations and any reference in a regulation to a numbered paragraph is a reference to the paragraph of that regulation bearing that number.
Conditions as to residence and presence in Great Britain
2
–
1
Subject to the following provisions of this regulation, the prescribed conditions for the purposes of section 35(1) of the Act as to residence and presence in Great Britain in relation to any person on any day shall be that–
a
on that day–
i
he is ordinarily resident in Great Britain, and
ii
he is present in Great Britain, and
iii
he has been present in Great Britain for a period of, or for periods amounting in the aggregate to, not less than 26 weeks in the 52 weeks immediately preceding that day; and
b
where that day falls within a period in which that person–
i
receives tax free emoluments, or
ii
is the spouse of a person who receives tax free emoluments,
that period is immediately preceded by a period of 4 years during which the person first mentioned in this sub-paragraph was present in Great Britain for not less than 156 weeks in aggregate.
2
For the purposes of paragraph (1)(a)(ii) and (iii), notwithstanding that on any day a person is absent from Great Britain, he shall be treated as though he were present in Great Britain if his absence is by reason only of the fact that on that day–
a
he is abroad in his capacity as–
i
a serving member of the forces,
ii
an airman or mariner within the meaning of regulations 81 and 86 respectively of the Social Security (Contributions) Regulations 1979 ,
and for the purpose of this provision, the expression “serving members of the forces” has the same meaning as in regulation 1(2) of the Regulations of 1979; or
b
he is in employment prescribed for the purposes of section 132 of the Act in connection with continental shelf operations ; or
c
he is living with a person mentioned in sub-paragraph (a)(i) and is the spouse, son, daughter, step-son, step-daughter, father, father-in-law, step-father, mother, mother-in-law or step-mother of that person; or
d
his absence from Great Britain is, and when it began was, for a temporary purpose and has not lasted for a continuous period exceeding 26 weeks; or
e
his absence from Great Britain is temporary and for the specific purpose of his being treated for incapacity, or a disabling condition, which commenced before he left Great Britain, and the Secretary of State has certified that it is consistent with the proper administration of the Act that, subject to the satisfaction of the foregoing condition in this sub-paragraph, he should be treated as though he were present in Great Britain.
3
Where a person is terminally ill and makes a claim for attendance allowance expressly on the ground that he is such a person, paragraph (1) shall apply to him as if head (iii) of sub-paragraph (a) was omitted.
4
In paragraph (1)(b), the expression “tax free emoluments” means emoluments which are exempt from tax under any of the provisions listed in paragraph (1) ofregulation 9 of the Child Benefit (General) Regulations 1976 .
Extension of qualifying period
3
The period prescribed for the purposes of section 35(2)(b) of the Act (claimant to satisfy one or both of the conditions in section 35(1) of the Act for 6 months immediately preceding the date from which attendance allowance is to be awarded) shall be 2 years.
Allowance payable before the date of claim in renewal cases
4
Where–
a
a person has been entitled to an attendance allowance or the care component of a disability living allowance; and
b
the period for which either allowance has been paid has ended; and
c
a claim for an attendance allowance has been made or treated as made within 6 months from the end of the period referred to in paragraph (b),
an attendance allowance may be paid before the date of claim if the claimant has satisfied the condition mentioned in paragraph (a) of subsection (1) of section 35 of the Act or the condition mentioned in paragraph (b) of that subsection or both of those conditions from the date on which the period referred to in paragraph (b) has ended until the date of claim.
Renal dialysis
5
–
1
Subject to paragraph (3), a person who suffers from renal failure and who is undergoing the treatment specified in paragraph (2) shall be deemed to satisfy the conditions–
a
in section 35(1)(a) of the Act (severe physical and mental disability) if he undergoes renal dialysis by day;
b
in section 35(1)(b) of the Act if he undergoes renal dialysis by night;
c
in either paragraph (a) or paragraph (b) of section 35(1) of the Act, but not both, if he undergoes renal dialysis by day and by night.
2
The treatment referred to in paragraph (1) is the undergoing of renal dialysis–
a
two or more times a week; and
b
which either–
i
is of a type which normally requires the attendance of or supervision by another person during the period of dialysis, or
ii
which, because of the particular circumstances of his case, in fact requires another person, during the period of dialysis, to attend in connection with the bodily functions of the person undergoing renal dialysis or to supervise that person in order that he avoids substantial danger to himself.
3
Except as provided in paragraph (4), paragraph (1) does not apply to a person undergoing the treatment specified in paragraph (2) where the treatment–
a
is provided under the NHS Act of 1977 or the NHS Act of 1978;
b
is in a hospital or similar institution;
c
is out-patient treatment; and
d
takes place with the assistance or supervision of any member of staff of the hospital or similar institution.
4
Paragraph (3) does not apply for the purposes of determining whether a person is to be taken to satisfy either of the conditions specified in paragraph (1) during the period of 6 months referred to in section 35(2)(b) of the 1975 Act (qualifying period for attendance allowance).
Hospitalisation
6
–
1
Subject to regulation 8, it shall be a condition for the receipt of an attendance allowance for any period in respect of any person that during that period he is not maintained free of charge while undergoing medical or other treatment as an in-patient–
a
in a health service hospital within the meaning of the NHS Act of 1977 or the NHS Act of 1978; or
b
in a hospital or similar institution in pursuance of arrangements made, or having effect as if made, by the Secretary of State, or any body in the exercise of functions on behalf of the Secretary of State under either of those Acts; or
c
in a hospital or similar institution maintained or administered by the Defence Council or a National Health Service trust; or
d
in a hospital or similar institution in pursuance of arrangements made by a member of a recognised fund-holding practice.
2
For the purposes of paragraph (1), a person shall only be regarded as not being maintained free of charge in a hospital or similar institution for any period where his accommodation and services are provided under section 65 of the NHS Act of 1977 or section 58 of, or paragraph 14 of Schedule 7A to, the NHS Act of 1978 or paragraph 14 of Schedule 2 to the NHS Act of 1990.
3
In this regulation–
“National Health Service trust” has the meaning assigned by section 5 of the NHS Act of 1990;
“recognised fund-holding practice” shall be construed in accordance with section 14 of the NHS Act of 1990.
Persons in certain accommodation other than hospitals
7
–
1
Except in the cases specified in paragraphs (2), (3) and (4) and subject to regulation 8, a person shall not be paid any amount in respect of an attendance allowance for any period where throughout that period he is a person for whom accommodation is provided–
a
in pursuance of–
i
Part III of the National Assistance Act 1948 or paragraph 2 of Schedule 8 to the NHS Act of 1977, or
ii
Part IV of the Social Work (Scotland) Act 1968 or section 7 of the Mental Health (Scotland) Act 1984 ;
b
in circumstances where the cost of the accommodation is borne wholly or partly out of public or local funds in pursuance of those enactments or of any other enactment relating to persons under disability or to education or training; or
c
in circumstances where the cost of the accommodation may be borne wholly or partly out of public or local funds in pursuance of those enactments or of any other enactment relating to persons under disability or to education or training.
2
Paragraph (1)(c) shall not apply in the case of a person who is terminally ill where the Secretary of State has been informed of that fact–
a
on a claim for an attendance allowance;
b
on an application for review of an award of attendance allowance; or
c
in writing in connection with an award of, or a claim for, or an application for a review of an award of, attendance allowance.
3
Paragraph (1)(c) shall also not apply–
a
where he is a person for whom accommodation is made available for his occupation in accordance with section 65 of the Housing Act 1985 (duties of local housing authorities to persons found to be homeless);
b
where the person himself pays the whole cost, and always has paid the whole cost, of the accommodation;
c
except in a case to which paragraph (4) applies, where the accommodation the person is living in is a private dwelling.
4
This paragraph applies where–
a
the cost of the accommodation the person previously occupied was borne in whole or in part out of public or local funds and where he was moved out of that accommodation at the instigation of the body which bore the cost into a residential care home; or
b
the person is living in a residential care home and at least 4 other persons in that house are provided with board and personal care, excluding persons carrying on the home or employed there or their relatives,
and in this paragraph “residential care home” means an establishment in respect of which registration is required under Part I of the Registered Homes Act 1984 or would be so required but for section 1(4) of that Act.
5
In this regulation, references to the cost of the accommodation shall not include the cost of–
a
domiciliary services provided in respect of a person in a private dwelling; or
b
improvements made to, or furniture or equipment provided for, a private dwelling on account of the needs of a person under disability; or
c
improvements made to, or furniture or equipment provided for, residential homes or other homes or premises in respect of which a grant or payment has been made out of public or local funds except where the grant or payment is of a regular or repeated nature; or
d
social and recreational activities provided outside the accommodation in respect of which grants or payments are made out of public or local funds; or
e
the purchase or running of a motor vehicle to be used in connection with the accommodation in respect of which grants or payments are made out of public or local funds.
Exemption from regulations 6 and 7
8
–
1
Regulation 6, or as the case may be, regulation 7, shall not, subject toparagraph (3), apply to a person in respect of the first 28 days of any period during which he is–
a
undergoing medical or other treatment in a hospital or other institution in any of the circumstances mentioned in regulation 6; or
b
in accommodation provided in any of the circumstances mentioned in regulation 7.
2
For the purposes of paragraph (1)–
a
two or more distinct periods separated by an interval not exceeding 28 days, or by two or more such intervals, shall be treated as a continuous period equal in duration to the total of such distinct periods and ending on the last day of the later or last such period;
b
any period or periods to which either regulation 6 or regulation 7 refers shall be taken into account and aggregated with any period to which the other of them refers.
3
Where, on the day a person’s entitlement to an attendance allowance commences, he is in accommodation in the circumstances mentioned in regulation 6 or regulation 7, paragraph (1) shall not apply to him for any period of consecutive days, beginning with that day, on which he remains in that accommodation.
Revocation
9
The Social Security (Attendance Allowance) ( No. 2) Regulations 1975 are hereby revoked.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
5th December 1991


text:
Citation and commencement
1
1
This Order may be cited as the Durham and North Yorkshire (County Boundaries) Order 1991.
2
This Order shall come into force on 18th March 1991 for any purpose set out in regulation 4(1) (coming into operation of order) of the Local Government Area Changes Regulations 1976 .
3
For all other purposes this Order shall come into force on 1st April 1991.
Interpretation
2
In this Order “boundary map” means one of the 6 maps prepared by the Department of the Environment, marked “Maps of the Durham and North Yorkshire (County Boundaries) Order 1991”, duly numbered for reference and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976.
Transfers from Durham to North Yorkshire
3
1
The part of the county of Durham, the district of Teesdale and the parish of Bowes marked A1 on boundary map 1 shall be transferred to —
a
the county of North Yorkshire and the Upper Dales electoral division of that county;
b
the district of Richmondshire and the Grinton and Upper Swaledale ward of that district;
c
the parish of Muker;
d
the Richmond petty sessional division;
e
the Western Coroner’s district.
2
The part of the county of Durham and the borough of Darlington marked C1 on boundary map 2 shall be transferred to —
a
the county of North Yorkshire and the Richmondshire North electoral division of that county;
b
the district of Richmondshire and the Barton ward of that district;
c
the parish of Cleasby;
d
the Richmond petty sessional division;
e
the Western Coroner’s district.
3
The part of the county of Durham, the borough of Darlington and the parish of Hurworth marked A3 on boundary map 4 shall be transferred to —
a
the county of North Yorkshire and the Richmondshire North electoral division of that county;
b
the district of Richmondshire and the Barton ward of that district;
c
the parish of Stapleton;
d
the Richmond petty sessional division;
e
the Western Coroner’s district.
4
The part of the county of Durham, the borough of Darlington and the parish of Hurworth marked A2 on boundary map 3 shall be transferred to —
a
the county of North Yorkshire and the Richmondshire North electoral division of that county;
b
the district of Richmondshire and the Croft on Tees ward of that district;
c
the parish of Dalton-on-Tees;
d
the Richmond petty sessional division;
e
the Western Coroner’s district.
5
The part of the county of Durham, the borough of Darlington and the parish of Sockburn marked A4 on boundary map 6 shall be transferred to —
a
the county of North Yorkshire and the Richmondshire North electoral division of that county;
b
the district of Richmondshire and the Croft on Tees ward of that district;
c
the parish of Eryholme;
d
the Richmond petty sessional division;
e
the Western Coroner’s district.
6
The parts of the county of Durham, the borough of Darlington and the parish of Sockburn marked A5 and A6 on boundary map 6 shall be transferred to —
a
the county of North Yorkshire and the Appleton Wiske electoral division of that county;
b
the district of Hambleton and The Cowtons ward of that district;
c
the parish of Girsby;
d
the Northallerton petty sessional division;
e
the North Eastern Coroner’s district.
Transfers from North Yorkshire to Durham
4
The part of the county of North Yorkshire, the district of Richmondshire and the parish of Croft-on-Tees marked A7 on boundary map 5 shall be transferred to —
a
the county of Durham and the Hurworth electoral division of that county;
b
the borough of Darlington and the Hurworth ward of that borough;
c
the parish of Hurworth;
d
the Darlington petty sessional division;
e
the South Durham Coroner’s district.
Town and country planning
5
Any provision of a development plan applying to an area transferred by this Order shall continue to apply thereto notwithstanding the transfer; and after such transfer, any such provision shall, so far as it so applies, be for all purposes deemed to be a provision of a corresponding plan of the authority which becomes the appropriate local planning authority for the transferred area as a result of the transfer.
Signed by authority of the Secretary of State for the Environment
Blatch
Parliamentary Under Secretary of State,
Department of the Environment
19th February 1991


text:
1
This Order may be cited as the Administration of Justice Act 1982(Commencement No. 6) Order 1991.
2
The following provisions of the Administration of Justice Act 1982shall come into force on the 13th of June 1991 —
a
section 75, so far as it relates to —
i
sections 1 to 16 of the Administration of Justice Act 1965 ,
ii
the Judicature (Northern Ireland) Act 1978 , and
b
paragraphs 6 to 8 of Schedule 8.
Mackay of Clashfern, C.
Dated 22nd May 1991


text:
PART I
INTRODUCTION
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Disability Living Allowance) Regulations 1991 and shall come into force on 6th April 1992.
2
In these Regulations–
“ the Act ” means the Social Security Act 1975 ;
“the NHS Act of 1977 ” means the National Health Service Act 1977 ;
“the NHS Act of 1978 ” means the National Health Service (Scotland) Act 1978 ;
“the NHS Act of 1990 ” means the National Health Service and Community Care Act 1990 ;
“adjudicating authority” means, as the case may be, the chief or any other adjudication officer, an appeal tribunal or a disability appeal tribunal;
“care component” means the care component of a disability living allowance;
“mobility component” means the mobility component of a disability living allowance;
“terminally ill” shall be construed in accordance with section 35(2C) of the 1975 Act .
3
Unless the context otherwise requires, any reference in these Regulations to a numbered regulation or Schedule is a reference to the regulation or Schedule bearing that number in these Regulations and any reference in a regulation or Schedule to a numbered paragraph is a reference to the paragraph of that regulation or Schedule bearing that number.
PART II
GENERAL
Conditions as to residence and presence in Great Britain
2
1
Subject to the following provisions of this regulation, the prescribed conditions for the purposes of section 37ZA(6) of the Act as to residence and presence in Great Britain in relation to any person on any day shall be that–
a
on that day–
i
he is ordinarily resident in Great Britain; and
ii
he is present in Great Britain; and
iii
he has been present in Great Britain for a period of, or for periods amounting in the aggregate to, not less than 26 weeks in the 52 weeks immediately preceding that day; and
b
where that day falls within a period in which that person–
i
receives tax free emoluments, or
ii
is the spouse of a person who receives tax free emoluments, or
iii
is aged under 16 and is the son, daughter, step-son or step-daughter of a person who receives tax free emoluments,
that period is immediately preceded by a period of 4 years during which the person first mentioned in this sub-paragraph was present in Great Britain for not less than 156 weeks in aggregate.
2
For the purposes of paragraph (1)(a)(ii) and (iii), notwithstanding that on any day a person is absent from Great Britain, he shall be treated as though he was present in Great Britain if his absence is by reason only of the fact that on that day–
a
he is abroad in his capacity as–
i
a serving member of the forces,
ii
an airman or mariner within the meaning of regulations 81 and 86 respectively of the Social Security (Contributions) Regulations 1979 ,
and for the purpose of this provision, the expression “serving members of the forces” has the same meaning as in regulation 1(2) of the Regulations of 1979; or
b
he is in employment prescribed for the purposes of section 132 of the Act in connection with continental shelf operations ; or
c
he is living with a person mentioned in sub-paragraph (a)(i) and is the spouse, son, daughter, step-son, step-daughter, father, father-in-law, step-father, mother, mother-in-law or step-mother of that person; or
d
his absence from Great Britain is, and when it began was, for a temporary purpose and has not lasted for a continuous period exceeding 26 weeks; or
e
his absence from Great Britain is temporary and for the specific purpose of his being treated for incapacity, or a disabling condition, which commenced before he left Great Britain, and the Secretary of State has certified that it is consistent with the proper administration of the Act that, subject to the satisfaction of the foregoing condition in this sub-paragraph, he should be treated as though he were present in Great Britain.
3
In paragraph (1)(b), the expression “tax free emoluments” means emoluments which are exempt from tax under any of the provisions listed in paragraph (1) of regulation 9 of the Child Benefit (General) Regulations 1976 .
4
Where a person is terminally ill and–
a
makes a claim for disability living allowance; or
b
an application is made for a review of his award of disability living allowance,
expressly on the ground that he is such a person, paragraph (1) shall apply to him as if head (iii) of sub-paragraph (a) was omitted.
5
Paragraph (1) shall apply in the case of a child under the age of 6 months as if in head *(iii) of sub-paragraph (a) for the reference to 26 weeks there was substituted a reference to 13 weeks.
6
Where in any particular case a child has by virtue of paragraph (5), entitlement to the care component immediately before the day he attains the age of 6 months, then until the child attains the age of 12 months, head (iii) of sub-paragraph (a) of paragraph (1) shall continue to apply in his case as if for the reference to 26 weeks there was substituted a reference to 13 weeks.
Age 65 or over
3
1
A person shall not be precluded from entitlement to either component of disability living allowance by reason only that he has attained the age of 65 years, where–
a
disability living allowance is claimed for a period beginning on or after the day the person attains the age of 65 but before he attains the age of 66;
b
on the day before he attained the age of 65 he satisfied the conditions as to residence and presence in Great Britain set out in regulation 2;
c
on that day, he satisfied the conditions of entitlement in section 37ZB(1) or as the case may be, section 37ZC(1) of the Act; and
d
he has satisfied those conditions throughout the period beginning on that day and ending with the day on which the claim is made.
2
Paragraph (3) applies to a person who–
a
made a claim for disability living allowance before he attained the age of 65, which was not determined before he attained that age, and
b
did not at the time he made the claim have an award of disability living allowance for a period ending on or after the day he attained the age of 65.
3
In determining the claim of a person to whom this paragraph applies, where the person otherwise satisfies the conditions of entitlement to either or both components of disability living allowance for a period commencing before his 65th birthday (other than the requirements of section 37ZB(2)(a), or, as the case may be, section 37ZC(9)(a) of the Act (3 months qualifying period)), the determination shall be made without regard to the fact that he is aged 65 or over at the time the claim is determined.
4
Schedule 1, which makes further provision for persons aged 65 or over shall have effect.
Rate of Benefit
4
1
The three weekly rates of the care component are–
a
the highest rate, payable in accordance with section 37ZB(4)(a) of the Act, £43.35;
b
the middle rate, payable in accordance with section 37ZB(4)(b) of the Act, £28.95; and
c
the lowest rate, payable in accordance with section 37ZB(4)(c) of the Act, £11.55.
2
The two weekly rates of the mobility component are–
a
the higher rate, payable in accordance with section 37ZC(11)(a) of the Act, £30.30; and
b
the lower rate, payable in accordance with section 37ZC(11)(b) of the Act, £11.55.
Late claim by a person previously entitled
5
1
Notwithstanding section 37ZE(1) of the Act (no entitlement to disability living allowance for any day before a claim is made), where–
a
a person’s entitlement to disability living allowance has ended, and
b
that person makes or is treated as making a claim for disability living allowance after the entitlement has ended but within a period of 6 months immediately following the day on which it ended,
then the person shall, subject to satisfying any other conditions of entitlement, be entitled to the care component for any day on or after 6th April 1992 on which he satisfies the conditions specified in paragraph (2)(a) and to the mobility component for any day on or after that day on which he satisfies the conditions specified in paragraph (2)(b).
2
Those conditions are–
a
where the person is entitled on the claim for disability living allowance to the care component, that–
i
the previous entitlement was to the care component,
ii
that entitlement ended within 6 months of the claim being made,
iii
throughout the period beginning with the day following the day on which the previous entitlement ended and ending on the day the claim was made, he satisfied the conditions of entitlement to the care component specified in paragraph (a), (b) or (c) of subsection (1) of section 37ZB of the Act; and
iv
the day in question falls within that period,
b
where he is entitled on the claim for disability living allowance to the mobility component, that–
i
the previous entitlement was to the mobility component,
ii
that entitlement ended within 6 months of the claim being made,
iii
throughout the period beginning with the day following the day on which the previous entitlement ended and ending on the day the claim was made he satisfied the conditions of entitlement to the mobility component specified in paragraph (a), (b), (c) or (d) of subsection (1) of section 37ZC of the Act, and
iv
the day in question falls within that period.
3
Where a person has been entitled for any period before 6th April 1992 to attendance allowance or mobility allowance, then–
a
the reference in paragraph (1)(a) to entitlement to disability living allowance includes also a reference to entitlement to attendance allowance or mobility allowance; and
b
the reference in paragraph (2)(a)(i) to entitlement to the care component includes also a reference to entitlement to attendance allowance and the reference in paragraph (2)(b)(i) to entitlement to the mobility component includes also a reference to entitlement to mobility allowance.
PART III
CARE COMPONENT
Qualifying period for care component after an interval
6
1
The period prescribed for the purposes of section 37ZB(2)(a)(ii) of the Act is a period of 3 months ending on the day on which the person was last entitled to the care component or to attendance allowance where that day falls not more than 2 years before the date on which entitlement to the care component would begin, or would have begun but for any regulations made under section 51(1)(m) of the 1986 Act (which enables regulations to provide for the day on which entitlement to benefit is to begin or end).
2
Except in a case to which paragraph (3) applies, this regulation shall apply to a person to whom paragraph 3 or 7 of Schedule 1 refers as if for the reference to 3 months there was substituted a reference to 6 months.
3
Paragraph (1) and not paragraph (2), shall apply to those persons referred to in paragraph (2) who, on the day before they attained the age of 65, had already completed the period of 3 months referred to in paragraph (1).
4
For the purposes of paragraph (3), the modification made in Schedule 1–
a
in paragraph 3(2) and 7(2), to section 37ZB(2)(a) of the Act, and
b
in paragraph 5(2), to section 37ZC(9)(a) of the Act,
shall be treated as not having been made.
Renal Dialysis
7
1
A person who suffers from renal failure and falls within the provisions in paragraph (2) shall be taken to satisfy–
a
where he undergoes renal dialysis by day, the conditions in paragraph (b) of subsection (1) of section 37ZB of the Act (severe physical or mental disability);
b
where he undergoes renal dialysis by night, the conditions in paragraph (c) of that subsection; or
c
where he undergoes renal dialysis by day and by night, the conditions in either paragraph (b) or paragraph (c) of subsection (1), but not both.
2
Subject to paragraph (3), a person falls within this paragraph–
a
if–
i
he undergoes renal dialysis two or more times a week; and
ii
the renal dialysis he undergoes is of a type which normally requires the attendance or supervision of another person during the period of the dialysis; or
iii
because of the particular circumstances of his case he in fact requires another person, during the period of the dialysis, to attend in connection with his bodily functions or to supervise him in order to avoid substantial danger to himself; and
b
if, where he undergoes dialysis as an out-patient in a hospital or similar institution, being treatment provided under the NHS Act of 1977 or the NHS Act of 1978, no member of the staff of the hospital or institution assists with or supervises the dialysis.
3
Paragraph (2)(b) does not apply for the purpose of determining whether a person is to be taken to satisfy any of the conditions mentioned in paragraph (1) during the period of 3 months referred to in section 37ZB(2)(a)(i) of the Act (qualifying period for a care component).
4
Except to the extent that provision is made in paragraph (2)(b), a person who undergoes treatment by way of renal dialysis as an out-patient in a hospital or similar institution, being treatment provided under the NHS Act of 1977 or the NHS Act of 1978, shall not be taken solely by reason of the fact that he undergoes such dialysis, as satisfying any of the conditions mentioned in subsection (1)(a) to (c) of section 37ZB of the Act.
Hospitalisation
8
1
Subject to regulation 10, it shall be a condition for the receipt of a disability living allowance which is attributable to entitlement to the care component for any period in respect of any person that during that period he is not maintained free of charge while undergoing medical or other treatment as an in-patient–
a
in a health service hospital, within the meaning of the NHS Act of 1977 or the NHS Act of 1978; or
b
in pursuance of arrangements made, or having effect as if made, by the Secretary of State, or any body in the exercise of functions on behalf of the Secretary of State under either of those Acts, in a hospital or similar institution; or
c
in a hospital or similar institution maintained or administered by the Defence Council or a National Health Service Trust; or
d
in a hospital or similar institution in pursuance of arrangements made by a member of a recognised fund-holding practice.
2
For the purposes of paragraph (1) a person shall only be regarded as not being maintained free of charge in a hospital or similar institution during any period when his accommodation and services are provided under section 65 of the NHS Act of 1977 or section 58 of, or paragraph 14 of Schedule 7A to, the NHS Act of 1978, or paragraph 14 of Schedule 2 to the NHS Act of 1990.
3
In this regulation–
“National Health Service trust” has the meaning assigned to it by the NHS Act of 1990;
“recognised fund-holding practice” shall be construed in accordance with section 14 of the NHS Act of 1990.
Persons in certain accommodation other than hospitals
9
1
Except in the cases specified in paragraph (2) and, for the purposes of sub-paragraph (c) below, paragraphs (3) to (5), and subject to regulation 10, a person shall not be paid any amount in respect of a disability living allowance which is attributable to entitlement to the care component for any period where throughout that period he is a person for whom accommodation is provided–
a
in pursuance–
i
of Part III of the National Assistance Act 1948 or paragraph 2 of Schedule 8 to the NHS Act of 1977; or
ii
of Part IV of the Social Work (Scotland) Act 1968 or section 7 of the Mental Health (Scotland) Act 1984;
b
in circumstances where the cost of the accommodation is borne wholly or partly out of public or local funds in pursuance of those enactments or of any other enactment relating to persons under disability or to young persons or to education or training; or
c
in circumstances where the cost of the accommodation may be borne wholly or partly out of public or local funds in pursuance of those enactments or of any other enactment relating to persons under disability or to young persons or to education or training.
2
Paragraph (1) shall not apply in the case of a child–
a
who has not attained the age of 16 and is being looked after by a local authority, or,
b
who has not attained the age of 18 and to whom–
i
section 17(10)(b) of the Children Act 1989 (impairment of health and development) applies because his health is likely to be significantly impaired, or further impaired, without the provision of services for him, or
ii
section 17(10)(c) of the Act of 1989 (disability) applies,
during any period during which the local authority looking after the child place him in a private dwelling with a family, or a relative of his, or some other suitable person; or
c
who is accommodated outside the United Kingdom and the cost of the accommodation is or may be borne wholly or partly by a local authority pursuant to their powers under section 3A of the Education Act 1981.
3
Paragraph (1)(c) shall not apply in the case of a person who is terminally ill, where the Secretary of State has been informed of that fact–
a
on a claim for the care component,
b
on an application for a review of an award of disability living allowance, or
c
in writing in connection with an award of, or a claim for, or an application for a review of an award of, disability living allowance.
4
Paragraph (1)(c) shall also not apply–
a
where the person is living in accommodation as a privately fostered child;
b
where he is a person for whom accommodation is made available for his occupation in accordance with section 65 of the Housing Act 1985 (duties of local housing authorities to persons found to be homeless);
c
where the person himself pays the whole cost, and always has paid the whole cost, of the accommodation;
d
except in a case to which paragraph (5) applies, where the accommodation the person is living in is a private dwelling.
5
This paragraph applies where–
a
the cost of the accommodation the person previously occupied was borne in whole or in part out of public or local funds and where he was moved out of that accommodation at the instigation of the body which bore the cost into a residential care home; or
b
the person is living in a residential care home and at least 4 other persons in that home are provided with board and personal care, excluding persons carrying on the home or employed there or their relatives.
6
In this regulation, references to the cost of the accommodation shall not include the cost of–
a
domiciliary services provided in respect of a person in a private dwelling; or
b
improvements made to, or furniture or equipment provided for, a private dwelling on account of the needs of a person under disability; or
c
improvements made to, or furniture or equipment provided for, residential homes or other homes or premises in respect of which a grant or payment has been made out of public or local funds except where the grant or payment is of a regular or repeated nature; or
d
social and recreational activities provided outside the accommodation in respect of which grants or payments are made out of public or local funds; or
e
the purchase or running of a motor vehicle to be used in connection with the accommodation in respect of which grants or payments are made out of public or local funds.
7
In paragraph (4) the expression–
“privately fostered child” has the meaning it bears in Part IV of the Children Act 1989 by virtue of section 66(1) of that Act.
“residential care home” means an establishment in respect of which registration is required under Part I of the Registered Homes Act 1984 or would be so required but for section 1(4) of that Act.
Exemption from regulation 8 and 9
10
1
Regulation 8, or as the case may be, regulation 9, shall not, subject to paragraphs (2) and (3), apply to a person for the first 28 days of any period throughout which he is someone to whom paragraph (4) applies.
2
Regulation 8 shall not, subject to paragraph (3), apply to a person who has not attained the age of 16 for the first 84 days of any period throughout which he is someone to whom paragraph (4) refers.
3
Where on the day the person’s entitlement to the care component commenced, he is a person to whom paragraph (4) refers, then paragraph (1) or, as the case may be, paragraph (2) shall not apply to him for any period of consecutive days, beginning with that day, in which he continues to be a person to whom paragraph (4) refers.
4
This paragraph refers to a person who–
a
is undergoing medical or other treatment in a hospital or other institution in any of the circumstances mentioned in regulation 8; or
b
is in accommodation provided in any of the circumstances mentioned in regulation 9.
5
For the purposes of paragraphs (1) and (2)–
a
2 or more distinct periods separated by an interval not exceeding 28 days, or by 2 or more such intervals shall be treated as a continuous period equal in duration to the total of such distinct periods and ending on the last day of the later or last such period;
b
any period or periods to which regulation 8(1) or 9(1) refers shall be taken into account and aggregated with any period to which the other of them refers.
PART IV
MOBILITY COMPONENT
Qualifying period for mobility component after an interval
11
The period prescribed for the purposes of section 37ZC(9)(a)(ii) of the Act is a period of 3 months ending on the day on which the person was last entitled to the mobility component or to mobility allowance, where that day falls not more than 2 years before the date on which entitlement to the mobility component would begin or would have begun but for any regulations made under section 51(1)(m) of the 1986 Act (which enables regulations to provide for the day on which entitlement to benefit is to begin or end).
Entitlement to the mobility component
12
1
A person is to be taken to satisfy the conditions mentioned in section 37ZC(1)(a) of the Act (unable or virtually unable to walk) only in the following circumstances–
a
his physical condition as a whole is such that, without having regard to circumstances peculiar to that person as to the place of residence or as to place of, or nature of, employment–
i
he is unable to walk; or
ii
his ability to walk out of doors is so limited, as regards the distance over which or the speed at which or the length of time for which or the manner in which he can make progress on foot without severe discomfort, that he is virtually unable to walk; or
iii
the exertion required to walk would constitute a danger to his life or would be likely to lead to a serious deterioration in his health; or
b
he has both legs amputated at levels which are either through or above the ankle, or he has one leg so amputated and is without the other leg, or is without both legs to the same extent as if it, or they, had been so amputated.
2
For the purposes of section 37ZC(2)(a) of the Act (mobility component for the blind and deaf) a person is to be taken to satisfy–
a
the condition that he is blind only where the degree of disablement resulting from the loss of vision amounts to 100 per cent; and
b
the condition that he is deaf only where the degree of disablement resulting from loss of hearing amounts to not less than 80 per cent on a scale where 100 per cent represents absolute deafness.
3
For the purposes of section 37ZC(2)(b) of the Act, the conditions are that by reason of the combined effects of the person’s blindness and deafness, he is unable, without the assistance of another person, to walk to any intended or required destination while out of doors.
4
Except in a case to which paragraph (1)(b) applies, a person is to be taken not to satisfy the conditions mentioned in section 37ZC(1)(a) of the Act if he–
a
is not unable or virtually unable to walk with a prosthesis or artificial aid which he habitually wears or uses, or
b
would not be unable or virtually unable to walk if he wore or used a prosthesis or an artificial aid which is suitable in his case.
5
A person falls within subsection (3)(a) of section 37ZC of the Act (severely mentally impaired) if he suffers from a state of arrested development or incomplete physical development of the brain, which results in severe impairment of intelligence and social functioning.
6
A person falls within subsection (3)(b) of section 37ZC of the Act (severe behavioural problems) if he exhibits disruptive behaviour which–
a
is extreme,
b
regularly requires another person to intervene and physically restrain him in order to prevent him causing physical injury to himself or another, or damage to property, and
c
is so unpredictable that he requires another person to be present and watching over him whenever he is awake.
Invalid Vehicle Scheme
13
Schedule 2, which relates to the entitlement to mobility component of certain persons eligible for invalid carriages shall have effect.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
18th December 1991


text:
1
The County Council of Somerset (Bridgwater Bypass) (North) (River Parrett Bridge) Scheme 1988 is hereby confirmed without modifications.
2
The said Scheme as confirmed “the Scheme” is set out in the Schedule hereto. Copies of the Scheme with its accompanying plans are deposited at the offices of the Department of Transport, and at the offices of the Somerset County Council at County Hall, Taunton.
3
The Scheme will become operative on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
4
This Instrument may be cited as the County Council of Somerset (Bridgwater Bypass) (North) (River Parrett Bridge) Scheme 1988 Confirmation Instrument 1991.
Signed by authority of the Secretary of State for Transport
Elizabeth Hopkins
Regional Director South West Region,
Department of Transport
19th April 1991


text:
1
These Regulations may be cited as the Goods Vehicles (Plating and Testing) (Amendment) (No. 2) Regulations 1991 and shall come into force on 1st April 1991.
2
The Goods Vehicles (Plating and Testing) Regulations 1988 shall be further amended in accordance with the provisions of these Regulations.
3
In the Regulations specified in column 1 of the Table below for the amounts specified in column 2 of the Table there shall be substituted the amounts specified in column 3 of the Table.
TABLE
(1) (2) (3) Regulation Existing Amount Substituted Amount
12(3) £28.00 £30.80 £15.25 £16.70 12(4) £17.50 £18.60 £11.00 £11.70 16(1) £14.25 £15.60 £ 8.25 £ 9.00 16(2) £28.00 £30.80 £15.25 £16.70 16(2A) £ 8.75 £ 9.30 £ 5.50 £ 5.80 16(2B) £17.50 £18.60 £11.00 £11.70 34(1) £11.75 £12.90 34(2) £ 7.50 £ 8.00 41(1) £ 8.25 £ 8.80
Signed by authority of the Secretary of State for Transport
Christopher Chope
Parliamentary Under Secretary of State,
Department of Transport
28th February 1991


text:
Citation and commencement
1
1
These Regulations may be cited as the Occupational Pension Schemes (Transitional Provisions and Savings) Amendment Regulations 1991.
2
These Regulations shall come into force on 7th February 1991.
Amendment of the Occupational Pension Schemes (Transitional Provisions and Savings) Regulations 1990
2
In regulation 2(2) of the Occupational Pension Schemes (Transitional Provisions and Savings) Regulations 1990 —
a
in sub-paragraph (e) the word “or” where it occurs in the second place shall be omitted, and
b
at the end of sub-paragraph (f) there shall be inserted the word “; or” and after that sub-paragraph there shall be added the following sub-paragraph —
g
where before 3rd July 1990 a request in writing was received by the Department of Social Security for information required in order to makea submission to the Commissioners of Inland Revenue for the approval of a proposal to make the payment to the employer.
.
Signed by authority of the Secretary of State for Social Security.
Henley
Parliamentary Under-Secretary of State,
Department of Social Security
9th January 1991


text:
Citation, commencement and interpretation
1
–
1
This Order may be cited as the National Health Service (Determination of Districts) (No.2) Order 1991 and shall come into force on 1st October 1991.
2
In this Order unless the context otherwise requires–
“ the Act ” means the National Health Service Act 1977;
“the material date” means 1st October 1991;
“the new authority” means Bristol and District Health Authority established by the National Health Service (District Health Authorities) (No. 2) Order 1991 ;
“the old authorities” means Bristol and Weston Health Authority, Frenchay Health Authority and Southmead Health Authority the establishment of each of which was continued by the National Health Service (District Health Authorities) Order 1990 .
Variation of districts
2
–
1
Bristol and Weston District, Frenchay District and Southmead District are hereby abolished, and there is determined a new district to be known as Bristol District, comprising the former Bristol and Weston, Frenchay and Southmead Districts.
2
Accordingly, in Part I of Schedule 1 to the National Health Service (Determination of Districts) Order 1981 –
a
the entries in columns (1), (2) and (3) relating to Bristol and Weston District, Frenchay District and Southmead District are omitted, and
b
after the entry relating to Wycombe District there are inserted in the appropriate columns the entries set out in the Schedule to this order.
Transfer of officers employed by district health authorities
3
–
1
Except as provided by paragraph (2) of this article, any officer employed immediately before the material date by one of the old authorities is on the material date transferred to the employment of the new authority, and the contract of employment of that officer is modified so as to substitute as the employer the new authority.
2
Where–
a
this article makes provision for the transfer of an officer, and
b
the officer in question is employed jointly by one of the old authorities and another person,
that provision shall have effect to transfer that officer to the employment of the new authority and that other person jointly.
Preservation of training arrangements
4
Training arrangements in any of the old authorities under which any officer transferred by this Order is undergoing, or is to undergo, a course of training or has entered, or is going to enter, into an apprenticeship and which have not been discharged before the material date, continue to apply with the substitution for that old authority of the new authority.
Enforceability of rights and liabilities
5
Subject to the following provisions of this Order, any right which was enforceable by or against any of the old authorities is enforceable by or against the new authority.
Winding up of affairs of old authorities
6
It is the duty of the new authority to take, in accordance with such directions as may be given by the South Western Regional Health Authority, such action as may be necessary for the winding up of the affairs of the old authorities.
Accounts of old authorities
7
Where, on the material date, any of the old authorities has not performed in respect of any period before that date any duty imposed on it by section 98 of the Act, the new authority shall perform that duty in accordance with the provisions of that section, any regulations made under that section and any directions which may be given by the Secretary of State.
Provision for continuity in exercise of functions
8
–
1
Anything duly done by, and any application duly made by, or any direction, authorisation or notice duly given to or by one of the old authorities is deemed to have been duly done by, or made by or given to or by the new authority.
2
Any instrument made by any of the old authorities continues in force, unless it is expressed to cease to be in force sooner, until it is varied or revoked by the new authority.
3
Any form supplied by any of the old authorities and any form supplied by the Secretary of State relating to any of the old authorities continues to be a valid form in relation to the new authority until it is cancelled or withdrawn by the Secretary of State or the new authority, as if any reference contained in the form to any of the old authorities were a reference to the new authority.
Accommodation and services made available on payment of charges
9
To the extent that any accommodation and services at any hospital in the district of any of the old authorities is, immediately before the material date, authorised by theSecretary of State to be made available under section 65(1) of the Act, it continues to be authorised to be made available under that section, to the extent determined, on or after that date until such authorisation is varied or revoked by the Secretary of State.
Investigation of complaints by Health Service Commissioner
10
–
1
A complaint under Part V of the Act to the Health Service Commissioner for England in relation to any of the old authorities, whether made before, on or after the material date, may be investigated by that Commissioner notwithstanding the abolition of that authority, as if the complaint had been made in relation to the new authority.
2
The Health Service Commissioner for England, where he conducts such an investigation, shall send a report of the result of his investigation to the new authority and the South Western Regional Health Authority.
Exercise of powers in relation to trusts
11
Where, immediately before the material date, any power to appoint trustees of a charity connected with health service purposes is under the trusts of the charity vested in any of the old authorities that power vests on the material date in the new authority.
Appointment of new trustees
12
Where, under the trusts of a charity connected with health service purposes, the charity trustees immediately before the material date include an officer of any of the old authorities, the trustees shall instead include the holder of the corresponding office with the new authority.
William Waldegrave
Secretary of State for Health
9th September 1991


text:
Citation, commencement and interpretation
1
–
1
These Regulations may be cited as the Imported Food and Feedingstuffs (Safeguards against Cholera) Regulations 1991 and shall come into force on 5th November 1991.
2
In these Regulations–
“the Act” means the Food Safety Act 1990;
“affected country” means Colombia, Ecuador or Peru;
“ CERPER ” means El Centro de Certificaciones Pesqueras in El Callao, Peru;
“fish” includes crustaceans and molluscs other than bivalve molluscs;
“pH value” means the negative decimal logarithm of hydrogen ions expressed in moles per litre;
“product” means anything derived from a fish, fruit, mollusc or vegetable by any process of preparation;
“proper authority” means–
as respects Colombia, the Ministry of Health of Colombia;
as respects Ecuador, the National Fisheries Institute of Ecuador;
“relevant fruit” means–
any fruit other than dried fruit,
any fruit product with a pH value of 4.5 or more;
“relevant vegetable” means–
any vegetable,
any vegetable product with a pH value of 4.5 or more.
3
For the purposes of these Regulations–
a
a fish product is from an affected country if it consists of, or is derived from, any fish which has been landed there, subjected there to any process of preparation or consigned from there by way of export;
b
a bivalve mollusc is from an affected country if it has been landed there, subjected there to any process of preparation or consigned from there by way of export;
c
a relevant fruit or vegetable is from Peru if it has been harvested there, subjected there to any process of preparation or consigned from there by way of export.
4
In these Regulations–
a
a reference to a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations which bears that number;
b
a reference in a regulation to a numbered paragraph is a reference to the paragraph of that regulation which bears that number.
Prohibition on importation of fish products from Peru
2
–
1
No person shall import into Great Britain–
a
any bivalve mollusc from Peru or any product thereof;
b
any fish product intended for human or animal consumption which consists of, or is derived from, fish landed in Peru in the course of artisanal fishing, that is to say fishing carried on by an individual mainly for the purpose of providing fish for consumption by the individual and his family.
2
Subject to paragraphs (3), (4) and (5) no person shall import into Great Britain for human consumption, or consumption by an animal, any fish product from Peru.
3
The prohibition imposed by paragraph (2) does not apply to a fish product if it is accompanied by a numbered and dated certificate issued by, and signed by an authorised officer of, CERPER containing the particulars mentioned in paragraph 1 of Schedule 1 and the declaration mentioned in paragraph 2 of that Schedule.
4
The prohibition imposed by paragraph (2) does not apply to rainbow trout (salmo gairdneri) prepared for sale by Piscifactorias de Los Andes S.A. in the province of Concepcion in Peru imported as or as part of a consignment which is accompanied by
a
a certificate from CERPER containing the declaration and particulars referred to in paragraph (3); and
b
a certificate from the Peruvian Ministry of Health that at the date of despatch of the consignment no case of Vibrio cholera had been detected in the provinceof Concepcion.
5
The prohibition imposed by paragraph (2) does not apply to fishmeal.
Prohibition on importation of fish products from Ecuador and Colombia
3
–
1
Subject to paragraph (2) no person shall import into Great Britain for human consumption any fish product or bivalve mollusc from Ecuador or Colombia.
2
The prohibition imposed by paragraph (1) does not apply to fish products or bivalve molluscs from Ecuador or Colombia intended for human consumption which are imported as, or as part of, a consignment which is accompanied by a numbered and dated document issued by the proper authority in that country, signed by an authorised officer of that authority and containing the particulars set out in Schedule 2. Prohibition on importation of fruit and vegetables from Peru
4
–
1
No person shall import into Great Britain for human consumption or consumption by an animal any relevant fruit or relevant vegetable which has been harvested or prepared for sale in Peru unless the consignment of which it forms part is accompanied by the documents referred to in paragraph (2).
2
The documents required by paragraph (1) are a numbered and dated document issued by, and signed by an authorised officer of, CERPER containing the particulars mentioned in paragraph 1 of Schedule 3 and the declaration mentioned in paragraph 2of that Schedule, and a numbered certificate issued by the Peruvian Ministry of Health that the consignment is free of Vibrio cholera
.
Prohibition on export to other Member States of fish products and bivalve molluscs originating in an affected country and of fruit and vegetables from Peru
5
–
1
Subject to paragraph (2) no person shall consign for export to another Member State any fish product or bivalve mollusc which is from an affected country or any relevant fruit or relevant vegetable from Peru which is intended for human or animal consumption.
2
The prohibition imposed by paragraph (1) does not apply to goods to be exported–
a
by sea, if they are to be sent from a port in Great Britain to a port in another Member State and the latter port has facilities for inspection of imports;
b
by air, if they are to be sent from an airport in Great Britain to an airport in another Member State and the latter airport has facilities for inspection of imports.
Offences
6
Any person who contravenes regulation 2(1) or (2), 3(1), 4(1) or 5(1) shall be guilty of an offence triable only summarily, and liable on conviction to imprisonment for a period not exceeding three months or to a fine not exceeding level 5 on the standard scale or to both.
Application of provisions of the Food Safety Act 1990
7
–
1
The following provisions of the Food Safety Act 1990 shall apply for the purposes of the Regulations as they apply for the purposes of sections 8, 14 and 15 of that Act and unless the context otherwise requires a reference in them to the Act shall be construed as a reference to these Regulations: section 2 (extended definition of “sale” etc. ); section 3 (presumptions that food intended for human consumption); section 20 (offences due to fault of another person); section 21 (defence of due diligence); section 30(8) (which relates to documentary evidence); section 33 (obstruction etc. of officers); section 36 (offences by bodies corporate).
2
Section 49(4) of the Act shall apply to a certificate given by a proper authority, CERPER or the Peruvian Ministry of Health for the purposes of these Regulations as it applies to documents authorised or required to be given by a food authority, but as if the words “under this section” were omitted.
Enforcement and execution
8
–
1
Subject to paragraph (2) these Regulations shall be enforced and executed–
a
as respects each London borough or district in England and Wales, by the council of that borough or district;
b
as respects the City of London (including the Temples), by the Common Council;
c
as respects each islands area or district in Scotland, by the islands or district council.
a
by an order under section 2 or 7 of the Public Health (Control of Disease) Act 1984 to a port health authority;
b
by an order under section 172 of the Public Health (Scotland) Act 1897 to a port local authority; these Regulations shall be enforced by that authority within its area and not by the authority mentioned in paragraph (1).
Revocation
9
The Imported Food (Peruvian Foodstuffs) Regulations 1991 are hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheriesand Food is hereunto affixed on 31st October 1991.
John Gummer
Minister of Agriculture, Fisheriesand Food
Signed by authority of the Secretary of State for Health
Stephen Dorrell
Parliamentary Under-Secretary of State,
31st October 1991 Department of Health
David Hunt
31st October 1991 Secretary of State for Wales
Signed by authority of the Secretary of State for Scotland
Lord Strathclyde
Parliamentary Under-Secretary of State, Scottish Office
31st October 1991