text:
Citation, commencement and introduction
1
These Regulations may be cited as the Disabled Persons (Badges for Motor Vehicles) (Amendment) Regulations 1991 and shall come into force on 2nd March 1992.
2
The Disabled Persons (Badges for Motor Vehicles) Regulations 1982 shall be amended in accordance with the provisions of these Regulations.
Amendments to Interpretation
3
1
In regulation 3(1)–
a
in the definition of “the Act” for “the Road Traffic Regulation Act 1967” there shall be substituted “the Road Traffic Regulation Act 1984” ;
b
the definition of “relevant conviction” shall be omitted; and
c
the words “and the expression “relevant conviction”” to the end shall be omitted.
2
In regulation 3(2) for sub-paragraph (a) there shall be substituted–
a
any reference to a regulation or Schedule followed by a number is a reference to the regulation or Schedule bearing that number in these Regulations, and
.
4
After regulation 3 there shall be inserted–
3A
1
In these Regulations “relevant conviction” means–
a
the conviction of–
i
the holder of a disabled person’s badge; or
ii
any other person using a disabled person’s badge with the holder’s consent;
of the offences specified in paragraph (2); and
b
the conviction of any person other than the holder of a disabled person’s badge of an offence under section 117(1) of the Act where the badge was displayed on the vehicle with the consent of the holder at any time during which the offence was being committed.
2
The offences mentioned in paragraph (1)(a) are–
a
any offence of unlawful parking under section 5, 8 or 11 or 16(1) of the Act; and
b
any offence under section 35A(1) and (2), 47(1), 53(5), 53(6) or 117(1) of the Act.
Form of badge
5
For regulation 4 there shall be substituted–
4
1
This regulation has effect for the purposes of prescribing the form of a badge under section 21(1) of the Chronically Sick and Disabled Persons Act 1970.
2
A badge issued before 2nd March 1992 by virtue of regulation 5 shall be in the form shown in diagram 1 of Part I of Schedule 1 or, in the case of such a badge issued by a local authority in Wales, it shall be in the form shown in diagram 1A of that Part.
3
A badge issued before 2nd March 1992 by virtue of regulation 6 shall be in the form shown in diagram 2 of Part I of Schedule 1 or, in the case of such a badge issued before that date by a local authority in Wales, it shall be in the form shown in diagram 2A of that Part.
4
The badge mentioned in paragraphs (2) and (3) shall comply with the specifications set out in Part II of Schedule 1.
5
A badge issued on or after 2nd March 1992 by virtue of regulation 5 shall be in the form and of the size shown in diagram 1 of Part I of Schedule 2 or, in the case of such a badge issued by a local authority in Wales, it shall be in the form and of the size shown in diagram 1A of that Part.
6
A badge issued on or after 2nd March 1992 by virtue of regulation 6 shall be in the form and of the size shown in diagram 2 of Part I of Schedule 2 or, in the case of such a badge issued on or after that date by a local authority in Wales, it shall be in the form and of the size shown in diagram 2A of that Part.
7
The badge mentioned in paragraphs (5) and (6) shall comply with the specifications set out in Part II of Schedule 2.
.
Descriptions of disabled persons
6
In regulation 5–
a
before paragraph (b) there shall be inserted–
aa
receives the higher rate of the mobility component of the disability living allowance pursuant to sections 37ZA and 37ZC of the Social Security Act 1975
;
b
the word “or” immediately following paragraph (c) shall be omitted and after paragraph (c) there shall be inserted–
cc
receives a mobility supplement under article 26A of the Naval, Military and Air Forces etc (Disablement and Death) Service Pensions Order 1983 including such a supplement by virtue of any other scheme or order or under article 25A of the Personal Injuries (Civilians) Scheme 1983 ;
and
c
there shall be added at the end–
; or
drives motor vehicles regularly, has a severe disability in both upper limbs and is unable to turn by hand the steering wheel of a motor vehicle even if that wheel is fitted with a turning knob.
.
Duplicate badge
7
For regulation 8 there shall be substituted–
8
1
Save as provided in paragraph (2), when a disabled person’s badge has been lost or stolen or has become so mutilated or faded as to cease to be effectively legible when displayed on a vehicle (in this regulation referred to as “the original badge”), a badge in similar form to that issued under regulation 4 may be issued marked “duplicate” on the front.
2
If the original badge was issued before 2nd March 1992 and an application is made for a replacement badge on or after that date a badge in the appropriate form shown in Schedule 2 may be issued marked “duplicate” on the front.
3
When a badge is issued in accordance with paragraph (1) or (2) it shall be valid for the period from the date on which it is issued until the date on which the original badge would have expired.
Grounds for refusing to issue badge
8
In regulation 10(1) after sub-paragraph (c) there shall be added the following words–
; or
the local authority has reasonable grounds for believing that the applicant–
is not the person whom he claims to be; or
would permit another person to display the badge on a motor vehicle.
.
Return of badge to issuing authority
9
In regulation 11(1) after sub-paragraph (f ) there shall be added–
g
if the badge has become so mutilated or faded as to cease to be effectively legible when displayed on a vehicle.
.
Transitional provisions
10
Regulation 13 shall be omitted.
Schedules 1 and 2
11
The Schedule shall be renumbered as Schedule 1 and–
a
in Part I of that Schedule as so renumbered–
i
for “Regulation 4” there shall be substituted “regulation 4(2), (3) and (4)”;
ii
in the heading to diagram 1 after “INDIVIDUAL PERSON” there shall be added “ISSUED BEFORE 2ND MARCH 1992”;
iii
in the heading to diagram 1A after “FORM OF BADGE” there shall be added “FOR INDIVIDUAL PERSON ISSUED BEFORE 2ND MARCH 1992”;
iv
in the heading to diagram 2A after “INSTITUTION” there shall be added “ISSUED BEFORE 2ND MARCH 1992”; and
v
in the heading to diagram 2A after “INSTITUTION” there shall be added “ISSUED BEFORE 2ND MARCH 1992”.
b
in Part II of that Schedule as so renumbered paragraph (d) shall be omitted; and
c
after that Schedule as so renumbered there shall be added the Schedules set out in the Schedule to these Regulations.
Signed by authority of the Secretary of State for Transport
Christopher Chope
Parliamentary Under Secretary of State,
Department of Transport
18th November 1991
Signed by authority of the Secretary of State for Scotland
James Douglas-Hamilton
Parliamentary Under Secretary of State, Scottish Office
20th November 1991
Signed by authority of the Secretary of State for Wales
Nicholas Bennett
Parliamentary Under Secretary of State, Welsh Office
20th November 1991


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Herefordshire Community Health National Health Service Trust (Establishment) Order 1991 and shall come into force on 1st November 1991.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of or Schedule 1 to the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 1st November 1991;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Herefordshire Community Health National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Herefordshire Community Health National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be–
to manage community health services provided from St Mary’s Hospital, Burghill, Hereford, HR4 7RF and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1 April 1992.
2
The accounting date of the trust shall be 31 March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Herefordshire District Health Authority shall —
a
until the operational date make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The Herefordshire District Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the Herefordshire District Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Stephen Dorrell
Parliamentary Under Secretary of State,
Department of Health
21st October 1991


text:
Citation and commencement
1
These Regulations may be cited as the Personal Community Charge(Reductions) (England) (Amendment) ( No. 3) Regulations 1991 and shallcome into force on 25th April 1991.
Amendment of Regulations
2
Regulation 13 (eligible persons and available reductions) of thePersonal Community Charge (Reductions) (England) Regulations 1991 is amended, in paragraph (1), by the insertion after thewords“regulation 7(1)(a)” of the words“and (b)”.
Michael Heseltine
One of Her Majesty’s Principal Secretaries of State
23rd April 1991


text:
1
These Rules may be cited as the Trade Marks and Service Marks (Amendment) Rules 1991 and shall come into force on 15th July 1991.
2
The Trade Marks and Service Marks Rules 1986 shall be amended–
a
in rule 10, by omitting paragraph (2);
b
in paragraph (1) of rule 21, by omitting all the words appearing after “Rule 10 above”;
c
in rule 73, by omitting paragraph (2);
d
in paragraph (a) of rule 77, by omitting all the words appearing after “new proprietor”;
e
in rule 107, by omitting all the words appearing after “form TM50”; and
f
in paragraph (2) of rule 108, by omitting the words “(including the names of all the partners where the registered user is a firm)”.
Reay
Parliamentary Under Secretary of State,
Department of Trade and Industry
21st June 1991


text:
Citation, commencement and introduction
1
These Regulations may be cited as the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1991 and shall come into force on 2nd March 1992.
2
The Local Authorities'Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 shall be amended in accordance with the provisions of these Regulations.
Amendments to Interpretation
3
In regulation 2(1) —
a
after the definition of “the 1984 Act” there shall be inserted —
“the 1982 Regulations ” means the Disabled Persons (Badges for Motor Vehicles) Regulations 1982 ;
b
after the definition of “bus lane restriction” there shall be inserted —
“cycle lane” means a road, or part of a road, the use of which by vehicles is restricted by or under any enactment, in both directions or in one direction only and at all times or at particular times only, to pedal cycles and
“cycle lane restriction”, in relation to a cycle lane, means the restriction by virtue of which the particular road, or the particular part of the width of the road, is a cycle lane;
;
c
in the definition of “disabled person” for “Disabled Persons (Badges for Motor Vehicles) Regulations 1982” there shall be substituted “the 1982 Regulations”; and
d
in the definition of “disabled person’s badge” for “Disabled Persons (Badges for Motor Vehicles) Regulations 1982” there shall be substituted “the 1982 Regulations”.
4
There shall be inserted after regulation 2 the following regulation —
2A
1
This regulation has effect for the purpose of defining the expression “relevant position” in these Regulation.
2
A vehicle displays a disabled person’s badge issued before 2nd March 1992 in the relevant position if —
a
in the case of a vehicle fitted with a front windscreen, the badge is exhibited thereon on the near side of and immediately behind the windscreen and with its front facing forward so as to be legible from outside the vehicle; or
b
in the case of a vehicle not fitted with a front windscreen, the badge is exhibited in a conspicuous position on the vehicle.
3
A vehicle displays a disabled person’s badge issued on or after 2nd March 1992 in the relevant position if —
a
in the case of a vehicle fitted with a dashboard or facia panel, the badge is exhibited thereon so that Part 1 of the badge is legible from outside the vehicle; or
b
in the case of a vehicle not fitted with a dashboard or facia panel, the badge is exhibited in a conspicuous position on the vehicle so that Part 1 of the badge is legible from outside the vehicle.
4
A vehicle displays a parking disc in the relevant position if —
a
in the case of a vehicle fitted with a dashboard or facia panel, the disc is exhibited thereon so that the quarter-hour period during which the period of waiting began is legible from outside the vehicle; or
b
in the case of a vehicle not so fitted, the disc is exhibited in a conspicuous position on the vehicle so that the quarter-hour period during which the period of waiting began is legible from outside the vehicle.
.
Amendments to exemptions in orders for vehicles displaying disabled person’s badges
5
In regulation 4(1) for “section 1, 6, 9, 45, or 46” there shall be substituted “section 1, 6, 9, 35, 45, or 46”.
6
After regulation 4(1) there shall be inserted —
1A
The requirement specified in paragraph (1) above has no application to an order which prohibits the waiting of vehicles of all classes other than disabled person’s vehicles.
.
7
In regulation 4(2) after sub-paragraph (iii) there shall be inserted —
iiiA
is not a provision applying to a cycle lane at a time when the cycle lane restriction is in operation, and
.
8
In regulation 4(3) —
a
in sub-paragraph (a) for “2 hours' duration” there shall be substituted “3 hours' duration”;
b
in sub-paragraph (b) —
i
for “2 hours' duration” there shall be substituted “3 hours' duration”; and
ii
for “a period of 2 hours” there shall be substituted “a period of 3 hours”; and
c
in sub-paragraph (ii) for the words “complying with the requirements of British Standard Specification for Parking Discs ( BS 4631: 1970)” there shall be substituted “125 millimetres square”.
9
Regulations 4(4) and (7) shall be omitted.
Signed by authority of the Secretary of State for Transport
Christopher Chope
Parliamentary Under Secretary of State,
Department of Transport
18th November 1991
Signed by authority of the Secretary of State for Wales
Nicholas Bennett
Parliamentary Under Secretary of State, Welsh Office
20th November 1991


text:
1
This Order may be cited as the Retirement Benefits Schemes (Indexation of Earnings Cap) Order 1991.
2
The figure specified in this Order, which is the figure found for the year of assessment 1991-92, for the purposes of section 59OC of the Income and Corporation Taxes Act 1988, by virtue of section 59OC(4) and (5) of that Act, is £71,400.
Kenneth Clarke
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
19th March 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Hillingdon Community Health National Health Service Trust (Establishment) Order 1991 and shall come into force on 1st November 1991.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of or Schedule 1 to the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 1st November 1991;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Hillingdon Community Health National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called Hillingdon Community Health National Health Service Trust
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be–
to manage community health services provided from Peel House, St Johns, Kingston Lane, Uxbridge, UB8 3PL and to own the associated premises
Directors of the trust
4
The trust shall have, in addition to the chairman 5 non-executive directors and 5 executive directors
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1 April 1992.
2
The accounting date of the trust shall be 31 March
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date
Assistance by health authorities before operational date
7
1
The Hillingdon Health Authority shall —
a
until the operational date make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The Hillingdon Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the Hillingdon Health Authority
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Virginia Bottomley
Minister of State,
Department of Health
21st October 1991


text:
1
This Order may be cited as the Gipsy Encampments (District ofTandridge) Order 1991 and shall come into force on 31st May 1991.
2
The area of the District of Tandridge is designated as an area towhich section 10 (prohibition of unauthorised camping in designatedareas) of the Caravan Sites Act 1968 applies.
Michael Heseltine
Secretary of State for the Environment
2nd May 1991


text:
Citation and commencement
1
This Order may be cited as the Sealink (Transfer of Landing Stage at Portsmouth Harbour) Harbour Revision Order 1991 and shall come into force on 22nd January 1991.
Interpretation
2
1
In this Order, unless the context otherwise requires —
“the Company” means Wightlink Limited;
“the day of transfer” means the day after the day on which expires a period of four weeks beginning with the day on which this Order comes into force;
“Sealink” means Sealink Harbours Limited;
“the transferred harbour” means the public landing place at Portsmouth Harbour maintained by Sealink under section 10 of the Joint Portsmouth Railway Extension Act 1873 ;
“Trinity House” means the Corporation of Trinity House of Deptford Strond.
2
In this Order a reference to the undertaking of Sealink at the transferred harbour is a reference to the powers, duties, property, rights and liabilities of Sealink in relation to that harbour which are transferred by this Order.
Designation of Company as harbour authority
3
On the day of transfer the Company shall become the harbour authority for the transferred harbour and Sealink shall cease to be the harbour authority for that harbour.
Transfer of functions, property etc.
4
1
On the day of transfer all property vested in Sealink comprising, or held by it for the purposes of, the transferred harbour and all rights and liabilities incurred by it for the purposes of the transferred harbour shall be transferred to and vested in the Company.
2
On the day of transfer the powers and duties conferred or imposed on Sealink by any statutory provision of local application applied in relation to it by the Scheme dated 27th October 1981 made by Sealink U.K. Limited pursuant to section 2 of the Transport Act 1981 and approved by the Secretary of State with modifications on 5th July 1982 read with Schedule 4 to the Transport Act 1968 as applied by the said section 2 (subject to any subsequent repeal or amendment of any such statutory provision), or by any enactment subsequent to that Scheme (including Part V of the British Railways Act 1984 ), for the purpose of, or in connection with, the improvement, maintenance or management of the transferred harbour shall be transferred to the Company and accordingly as from that day any such statutory provision of local application shall, so far as it relates to the transferred harbour and with any necessary modifications, apply in relation to the Company as if for references to Sealink there were substituted (unless the context otherwise requires) references to the Company.
Saving of byelaws etc.
5
As from the day of transfer any byelaw, regulation, licence of consent made, issued or granted by Sealink in relation to the transferred harbour and in force immediately before that day shall notwithstanding the making of this Order continue in force and shall be deemed to have been made, issued or granted by the Company.
Saving of Agreements etc.
6
All sales, conveyances, leases, grants, assurances, deeds, contracts, bonds, agreements, notices and demands affecting the undertaking of Sealink at the transferred harbour and in force immediately before the day of transfer (other than any lease or deed the parties to which include both Sealink and the Company) shall (in so far as they relate to that undertaking) on and from that day be as binding and of as full force and effect in every respect and may be enforced as fully and effectively against or in favour of the company as if (except in any case where the Company as agent for Sealink is already a party thereto, or bound thereby or entitled to the benefit thereof) the Company instead of Sealink had been a party thereto or bound thereby or entitled to the benefit thereof.
Continuance of proceedings
7
Nothing in this Order shall release, discharge or suspend any action, arbitration or other proceeding, or any cause of action, arbitration or other proceeding, pending or existing immediately before the day of transfer by or in favour of or against Sealink or by or in favour of or against the Company as agent for Sealink, in relation to Sealink’s undertaking at the transferred harbour and any such action, arbitration or proceeding or cause of action, arbitration or proceeding (other than an action arbitration or proceeding which is or may be an issue between Sealink and the Company or Sea Containers Ltd. ) may be maintained, prosecuted or continued by or in favour of or against the Company and may be amended in such manner as may be necessary for that purpose.
Charges
8
1
On and after the day of transfer the Company shall in the exercise of statutory powers and duties at the transferred harbour, have power to make such reasonable charges for its services and facilities as it thinks fit.
2
This article does not apply in relation to —
a
ship, passenger and goods dues;
b
charges exigible under paragraph (a) of section 34(2) of the British Railways Act 1984; or
c
charges ascribable to the running of a ferry service in or from a harbour;
and does not authorise the making of any charge in a case where an enactment relating to the transferred harbour expressly provides for freedom from charges or otherwise prohibits the making of any charge.
Disposal of property no longer required for the transferred harbour
9
On and after the day of transfer the Company, in respect of property vested in it and held for the purposes of the transferred harbour which is no longer required for those purposes, may dispose of such property in such manner, whether by way of sale, exchange, lease, the creation of any easement, right or privilege or otherwise, for such period, upon such conditions and for such consideration as it thinks fit.
Trinity House
10
1
None of the provisions of this Order shall prejudice or derogate from any of the powers, rights, duties or privileges of Trinity House.
2
Section 78 of the Harbours, Docks and Piers Clauses Act 1847 is hereby incorporated with this Order.
Signed by authority of the Secretary of State for Transport
H B Wenban-Smith
An Under Secretary in the
Department of Transport
21st January 1991


text:
Citation and interpretation
1
1
This Order may be cited as the Social Security Act 1990 (Commencement No.3) Order 1991.
2
In this Order, unless the context otherwise requires, references to sections and Schedules are references to sections of, and Schedules to, the Social Security Act 1990.
Appointed days
2
The day appointed for the coming into force of —
a
section 4 (computation of additional pension for purposes of invalidity pension etc. ), is 6th April 1991;
b
Schedule 6, paragraph 11 (tax years) and section 21(1) (minor and consequential amendments) in so far as it relates to it, is 6th April 1991;
c
Schedule 6, paragraph 16 (statutory sick pay for NHS staff with divided contracts) and section 21(1) in so far as it relates to it, is 1st April 1991;
d
Schedule 6, paragraph 22 (statutory maternity pay for NHS staff with divided contracts) and section 21(1) in so far as it relates to it, is 1st April 1991;
e
Schedule 4, paragraph 10 (insurance companies with which occupational pension scheme benefits may be appropriately secured) and section 14(1) in so far as it relates to it, for the purposes only of authorising the making of regulations which are expressed to come into force on or after 4th November 1991, is 13th May 1991;
f
Schedule 4, paragraph 10 in so far as it is not already in force, and section 14(1) in so far as it relates to it, is 4th November 1991.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
8th March 1991


text:
Title and commencement
1
This Order may be cited as the Sea Fishing (Specified Western Waters) (Restrictions on Landing) (Variation) Order 1991 and shall come into force on 9th December 1991.
Variation of the Sea Fishing (Specified Western Waters) (Restrictions on Landing) Order 1990
2
The Sea Fishing (Specified Western Waters) (Restrictions on Landing) Order 1990 shall be varied–
a
by omitting paragraph (g) in article 4 thereof (exceptions from prohibition on landing);
b
by omitting Schedule 2 thereto (statistical divisions of ICES VII and descriptions of sea fish caught therein to which exception from landing prohibition applies).
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 4th November 1991.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Strathclyde
Parliamentary Under Secretary of State, Scottish Office
5th November 1991
David Hunt
Secretary of State for Wales
11th November 1991
Peter Brooke
Secretary of State for Northern Ireland
4th November 1991


text:
Citation and commencement
1
These Regulations may be cited as the Taxes (Interest Rate) (Amendment No. 5) Regulations 1991 and shall come into force on 6th October 1991.
Amendments to the Taxes (Interest Rate) Regulations 1989
2
In regulation 5 of the Taxes (Interest Rate) Regulations 1989 —
a
for “6th August 1991” there shall be substituted “6th October 1991”;
b
for “11.75 per cent. per annum” there shall be substituted “11.25 per cent. per annum”.
Sydney Chapman
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
12th September 1991


text:
Citation, commencement and interpretation
1
–
1
These Regulations may be cited as the Advisory Committee on Hazardous Substances (Terms of Office) Regulations 1991 and shall come into force on 25th July 1991.
2
In these Regulations “the Committee” means the Committee established by the Advisory Committee on Hazardous Substances Order 1991 .
Terms of Office
2
–
1
Each member of the Committee, including the person appointed as chairman:
a
shall be appointed initially for a period, not exceeding three years, ending on the 31st December;
b
may be re-appointed for one or more further periods of three years; and
c
may, by notice in writing addressed to the Secretary of State, resign his membership.
2
If the Secretary of State is satisfied that a member of the Committee (including the person appointed as chairman):
a
is incapacitated by mental or physical illness; or
b
has been absent from three consecutive meetings of the Committee; or
c
is otherwise unable or unfit to discharge the functions of a member, or is unsuitable to continue as a member;
the Secretary of State may remove him from his office.
Michael Heseltine
Secretary of State for the Environment
19th June 1991
Michael Howard
Secretary of State for Employment
26th June 1991
Peter Lilley
Secretary of State for Trade and Industry
27th June 1991


text:
1
These Regulations may be cited as the Drivers' Hours (Passenger and Goods Vehicles) (Exemption) (Revocation) Regulations 1991 and shall come into force on 25th February 1991.
2
The Drivers' Hours (Passenger and Goods Vehicles) (Exemption) Regulations 1991 are hereby revoked.
Signed by authority of the Secretary of State for Transport
Roger Freeman
Minister for Public Transport,
Department of Transport
22 February 1991


text:
1
This Order may be cited as the Merchant Shipping (Distress Signalsand Prevention of Collisions) (Guernsey) (Amendment) Order 1991 andshall come into force on19th April 1991.
2
Article 3 of the Merchant Shipping (Distress Signals and Preventionof Collisions) (Guernsey) Order 1989 shall be amended by the insertion, after“Regulations 1989”, of“as amended by the Merchant Shipping (Distress Signals and Preventionof Collisions) (Amendment) Regulations 1991” .
G. I. de Deney
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Domestic Property (Valuation) Regulations 1991 and shall come into force on 23rd September 1991.
2
In these Regulations “ the Act ” means the Local Government Finance and Valuation Act 1991.
Basis of valuation
2
1
For the purposes of the valuation under section 3 (valuation of domestic properties) of the Act, the value of any domestic property shall be taken to be the amount which, on the assumptions mentioned in paragraph (2) below, the property might reasonably have been expected to realise if it had been sold in the open market by a willing vendor on 1st April 1991.
2
The assumptions are–
a
that the sale was with vacant possession;
b
that the interest sold was the freehold or, in the case of a flat, a lease for 99 years at a nominal rent;
c
that the property was sold free from any rentcharge or other incumbrance;
d
that the size and layout of the property, and the physical state of its locality, were the same as at the time when the valuation of the property is made;
e
that the property was in a state of reasonable repair;
f
in the case of a property the owner or occupier of which is entitled to use common parts, that those parts were in a like state of repair and the purchaser would be liable to contribute towards the cost of keeping them in such a state;
g
in the case of a property which has a room to which this sub-paragraph applies, that the room was not included in the property;
h
in the case of a property which contains (otherwise than as part of a room which, by virtue of sub-paragraph (g), is assumed not to be included in the property) fixtures to which this sub-paragraph applies, that the fixtures were not included in the property;
i
that the use of the property would be permanently restricted to use as a private dwelling; and
j
that the property had no development value other than value attributable to permitted development.
3
Sub-paragraph (g) of paragraph (2) applies to any room of one of the following descriptions, namely, kitchen, bathroom and lavatory, which has features which–
a
are substantially different from those of ordinary rooms of the same description; and
b
are designed to make the room suitable for a use by a physically disabled person;
but nothing in that sub-paragraph shall require it to be assumed that there was not included in any property at least one room of each of those descriptions.
4
Sub-paragraph (h) of paragraph (2) applies to any fixtures which–
a
are designed to make the property suitable for use by a physically disabled person; and
b
add to the value of the property.
5
In paragraph (2) –
“common parts”, in relation to a property, means any part of a building comprising the property and any land or premises which the owner or occupier of the property is entitled to use in common with the owners or occupiers of other premises in the immediate locality;
“flat” has the same meaning as in Part V of the Housing Act 1985 ;
“permitted development” means development–
for which planning permission is not required; or
for which an application for planning permission is not required;
“rentcharge” has the same meaning as in the Rentcharges Act 1977 ; and
“state of reasonable repair”, in relation to a property, means such state of repair as might reasonably be expected by a prospective purchaser, having regard to the age and character of the property and its locality.
Prescribed areas
3
The areas for which lists of domestic properties shall be compiled and maintained as mentioned in section 3(3) of the Act are–
a
an English district within the meaning of the Local Government Act 1972 ;
b
a Welsh district within the meaning of that Act;
c
a London borough;
d
the area comprising the City of London, the Inner Temple and the Middle Temple; and
e
the Isles of Scilly.
Cross-boundary property
4
1
Subject to paragraph (2), where part of any domestic property is situated within an area for which a list falls to be compiled and maintained as mentioned in regulation 3 and part is situated in another such area or areas, the property shall be treated for the purposes of the valuation as situated in the area in which the greater or greatest part of the property, determined in accordance with paragraphs to (7) of this regulation, is situated.
2
Where, in relation to any domestic property which constitutes part of a hereditament which is a composite hereditament for the purposes of Part III of the Local Government Finance Act 1988 , parts of the property are situated as mentioned in paragraph (1), the property shall be treated for the purposes of the valuation as situated in the area in which the part of the hereditament which is not domestic property for the purposes of that Part is, or is treated as, situated .
3
The greater or greatest part of any domestic property is to be ascertained by reference to the superficial extent of the structure of which the domestic property consists or which forms part of the domestic property; and for this purpose “structure” does not include any structure not contiguous with the principal structure on the property.
4
References in this regulation to the superficial extent of any structure (where that structure is not a caravan or a houseboat) are to be treated as references–
a
if the lowest floor of the structure is above ground level, to the floor area of the lowest floor measured externally;
b
if the whole of the structure is below ground level, to the floor area of its lowest floor measured internally;
c
in any other case, to the area of the structure measured externally on a horizontal plane at ground level.
5
References in this regulation to the superficial extent of a structure, where that structure consists of a caravan, are to be treated as references to its floor area measured externally.
6
References in this regulation to the superficial extent of a structure, where that structure consists of a houseboat, are to be treated as references to its enclosed volume.
7
Where no part of the superficial extent of any structure, caravan or houseboat (as the case may be) can reasonably be ascertained, in accordance with paragraphs (3) to (6), to be greater than any other, the part of the structure, caravan or houseboat to be treated as the greater or greatest for the purposes of paragraph (1) shall be determined by agreement between the relevant authorities within whose areas the several parts of that superficial extent are situated or, failing such agreement,by lot between those authorities.
8
In this regulation–
“caravan” shall be construed in accordance with Part I of the Caravan Sites and Control of Development Act 1960 ;
“ground level” means the highest level of ground contiguous with–
in the case of a structure where sub-paragraph (b) does not apply, the structure; or
in the case of a structure which forms part of a larger structure, the larger structure; and
“relevant authority” means the Common Council of the City of London, a district council, a London borough council, the sub-treasurer of the Inner Temple and the under-treasurer of the Middle Temple.
Valuation bands
5
In the lists to be compiled and maintained as mentioned in section 3of the Act domestic properties shall be differentiated by reference–
a
in relation to property situated or treated as situated in England, to such valuation band specified in column 1 of Part I of the Schedule hereto as is applicable to the property by reference to the range of values specified in column 2 of that Schedule; and
b
in relation to property situated or treated as situated in Wales, to such valuation band specified in column 1 of Part II of that Schedule as is applicable to the property by reference to the range of values specified in column 2 of that Schedule.
Signed by authority of the Secretary of State
Michael Portillo
Minister of State,
Department of the Environment
28th August 1991
David Hunt
Secretary of State for Wales
28th August 1991


text:
Citation, commencement and interpretation
1
–
1
These Regulations may be cited as the Nursing Homes and Mental Nursing Homes (Amendment) Regulations 1991 and shall come into force on 1st December 1991.
2
In these Regulations “the principal Regulations ” means the Nursing Homes and Mental Nursing Homes Regulations 1984 .
Amendment of regulation 2 of the principal Regulations
2
In regulation 2(1) of the principal Regulation (interpretation), in the definition of “child” for the words “; within the meaning of the Children and Young PersonsAct 1969” there shall be substituted the words, “within the meaning of the ChildrenAct 1989” .
Amendment of regulation 4(2) of the principal Regulations
3
In regulation 4 of the principal Regulations (registration) after paragraph (2) there shall be added the following paragraph:–
3
Where the Secretary of State so requires an applicant shall also furnish such birth certificate and such other documentary evidence as is specified by the Secretary of State as being necessary to substantiate the particulars specified in paragraphs 1or 2 of Schedule 2.
.
Amendment of regulation 10 of the principal Regulations
4
–
1
In regulation 10(2) of the principal Regulations (information to be furnished to authorised inspector) for the words “paragraph (3)” there shall be substituted the words “paragraphs (3) and (4)”.
2
After regulation 10(3) of the principal Regulations there shall be inserted–
4
Nothing in this regulation is to be taken as requiring or authorising the person registered to disclose information contrary to the provisions of section 33(5) of the Human Fertilisation and Embryology Act 1990 (restrictions on disclosure of information).
Amendment of Schedule 2 to the principal Regulations
5
In Schedule 2 to the principal Regulations (particulars to be furnished by an applicant)–
a
after paragraph 1 there shall be inserted–
1A
Where the application is made by an individual (whether or not he is the person in charge of the home or the person intended to be in charge of the home) details of any criminal convictions he has including, where the Secretary of State asks him for details of any criminal convictions which are spent convictions within the meaning of section 1 of the Rehabilitation of Offenders Act 1974 and informs him at the time the question is asked that by virtue of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 spent convictions are to be disclosed, details of any spent convictions he has.
;
b
in paragraph 3 for the words “the Child Care Act 1980” there shall be substituted the words, “section 60 of the Children Act 1989” and for the words “the Children’s Homes Act 1982” there shall be substituted the words, “section 63 of that Act”.
Signed by authority of the Secretary of State for Health.
Virginia Bottomley
Minister of State,
Department of Health
7th November 1991


text:
Citation and commencement
1
This Order may be cited as the Non-Domestic Rating (Appropriate Fraction and Rateable Values) Order 1991 and shall come into force on the day after the day on which it is made.
Appropriate fraction
2
The Non-Domestic Rating (Transitional Period) (Appropriate Fraction) Order 1989 shall be amended in article 2 as follows —
a
in paragraph (1) for “or in 1991” there shall be substituted “, 1991 or 1992”;
b
after paragraph (4) there shall be inserted the following —
4A
As regards the relevant year beginning in 1992 —
a
if the hereditament is situated in England, then X is 81 if the hereditament is within paragraph (3)(a) or (b), and 76 if it is within paragraph (4)(a) or (b);
b
if the hereditament is situated in Wales, then X is 91 if the hereditament is within paragraph (3)(b), and 86 if it is within paragraph (4)(b).
.
Rateable values
3
1
In paragraph (3) of each of article 11 of the Electricity Supply Industry (Rateable Values) Order 1989 , article 14 of the Railways (Rateable Values) Order 1989 and article 11 of the Water Undertakers (Rateable Values) Order 1989 , for the figure “0.87” there shall be substituted the letter “X”, and after each paragraph (3) there shall be added —
4
In paragraph (3), X is 0.81 for any class of hereditament entered in the central rating list for England, and 0.91 for any class entered in the central rating list for Wales.
.
2
In article 10(1)(b) of the Telecommunications Industry (Rateable Values) Order 1989 , for the figure “0.87” there shall be substituted the figure “0.91”.
Michael Heseltine
Secretary of State for the Environment
20th December 1991
David Hunt
Secretary of State for Wales
20th December 1991


text:
Citation, commencement and revocation
1
1
These Regulations may be cited as the Electrically, Hydraulically and Oil-Electrically Operated Lifts (Components)(EEC Requirements) Regulations 1991, and shall come into force on 1st January 1992.
2
The Electrically Operated Lifts (EECRequirements) Regulations 1986 (“the 1986 Regulations ”) are hereby revoked provided that
a
any application made for an EEC type-examination certificate;
b
any undertaking provided with or in respect of any such application;
c
any EEC type-examination certificate issued (together with any conditions attached to such certificate);
d
any certificate of conformity issued in respect of a component and EEC mark placed on a component, pursuant to such a certificate; or
e
any other thing done under the 1986 Regulations (even if the form specified in the 1986 Regulations is different from that specified for the purposes of these Regulations) shall be deemed to have been made, provided, issued, placed or done under these Regulations and accordingly the provisions of these Regulations shall apply thereto.
Interpretation
2
1
In these Regulations, unless the context otherwise requires, the following expressions have the following meanings–
“approved body” means a body approved by the Secretary of State under regulation 3;
“approved other body” means a body charged by a member State other than the United Kingdom to carry out functions similar to those authorised to be carried out by an approved body under these Regulations;
“component” means–
landing-door locking devices;
overspeed governors (car and counterweight);
safety gears (car and counterweight);
buffers (energy accumulation type with buffered return movement and energy dissipation buffers),
designed for use with a lift;
“the Directives” means Council Directive 84/528/EEC on the approximation of the laws of the member States relating to common provisions for lifting and mechanical handling appliances and Council Directive 84/529/EEC on the approximation of the laws of the member States relating to electrically operated lifts as adapted to technical progress by Commission Directive 86/312/EEC and as extended to hydraulically and oil-electrically operated lifts by Council Directive 90/486/EEC ;
“EEC inspection” means the procedure by which an approved body or an approved other body checks–
whether components conform with the type of component in respect of which an EEC type-examination certificate has been issued or extended;
whether adequate manufacturing control facilities are provided and adequate manufacturing control records are kept by or on behalf of the manufacturer;
whether the manufacturer actually carries out adequate checks to verify whether components manufactured by him conform with the type of component in respect of which an EEC type-examination certificate has been issued or extended; and
whether the EEC mark is being used correctly;
“EEC type-examination certificate” means a certificate that a type of component conforms with the EEC type-examination requirements;
“EEC type-examination requirements” means the technical requirements referred to in the Directives as set out in Schedule 1;
“extend” or
“extended” in relation to an EEC type-examination certificate means extend or extended pursuant to regulation 4(5);
“holder” means the manufacturer, or the authorised representative established in the Community, to whom an EEC type-examination certificate has been issued pursuant to an application under regulation 4(1); and
“lift” means any permanently installed electrically, hydraulically or oil-electrically operated hoisting appliance serving specific levels, having a car designed for the transport of persons or of persons and goods, suspended by ropes or chains or supported by one or more rams and moving at least partially between guides which are vertical or inclined at an angle of less than 15° to the vertical, but excluding–
lifts specially designed for military or research purposes, or those used as equipment on ships, on offshore prospecting and drilling rigs, in mines, or for the handling of radioactive materials;
lifts intended exclusively for the transport of goods; and
any of the following hoisting appliances: paternosters, rack-and-pinion elevators, screw-driven elevators, theatre elevators, loading appliances, skips, lifts and goods hoists on building or public works sites, construction or maintenance equipment and lifts specially constructed for transporting the handicapped.
2
Any reference in these Regulations to a numbered regulation or Schedule is a reference to the regulation or Schedule so numbered in these Regulations.
Approved bodies
3
1
The Secretary of State may approve a body–
a
to carry out examinations of components to ascertain whether or not they conform with the EEC type-examination requirements;
b
to issue and extend EEC type-examination certificates;
c
to carry out EEC inspection; and
d
to do such other things as may be required or permitted under or in connection with these Regulations.
2
Any approval of a body as an approved body by the Secretary of State, for the purposes of paragraph (1) of this regulation, may be given for an unlimited period or a specified period and may be given subject to terms and conditions and the Secretary of State may withdraw any such approval if the body ceases to comply with any such term or condition.
EEC type-examination certificates
4
1
An application for an EEC type-examination certificate may be made to an approved body by a manufacturer, or his authorised representative established in the Community; such application shall be in writing, shall contain the information and documents set out in Schedule 2, and shall be accompanied by–
a
an undertaking by the manufacturer in the form set out in Schedule 3; and
b
where the application is made by his authorised representative, an undertaking by that authorised representative in the form set out in Schedule 3A;
and, if required by the approved body–
c
an example of the type of component in respect of which the application is made; or
d
the prescribed fee in advance; or
e
both (c) and (d) above.
2
Where an application is made to an approved body in respect of a type of component and the approved body is aware, on receipt of that application, that another application has been made to another approved body or to an approved other body in respect of a component of that type manufactured by the same manufacturer, the approved body shall reject the application made to it and shall return any prescribed fee accompanying that application.
3
Where the approved body is satisfied, on application made to it and after examination of an example of the type of component in respect of which the application was made, that the examined component conforms with the EEC type-examination requirements and after payment of the prescribed fee (if so required), unless such prescribed fee has been paid in advance under paragraph (1) of this regulation, it shall issue an EEC type-examination certificate in the form set out in Schedule 4 in respect of that type of component which shall be valid for a period of 10 years.
4
Where the approved body is satisfied, on application made to it and after examination of an example of the type of component in respect of which the application was made, that the examined component does not conform with the EEC type-examination requirements and after payment of the prescribed fee (if so required), unless such prescribed fee has been paid in advance under paragraph (1) of this regulation, it shall issue a test failure report which states the reasons for the issue of such report and informs the applicant of his right to apply for review of the decision of the approved body under regulation 9.
5
On application made to the approved body by the manufacturer, or his authorised representative established in the Community, in writing and accompanied, if required by the approved body, by the prescribed fee, the approved body shall extend by a period of ten years the validity of an EEC type-examination certificate issued or extended by it under these Regulations and which has not been suspended or withdrawn.
6
An approved body shall issue an EEC type-examination certificate or extend such a certificate subject to the conditions set out in the form of undertaking specified in Schedule 3 and, where the applicant is an authorised representative, specified in Schedule 3A.
Certificate of conformity and EEC mark of conformity
5
The manufacturer of a component which conforms with a type of component in respect of which an EEC type-examination certificate issued or extended under these Regulations, or under the law of a member State other than the United Kingdom, is in force may issue a certificate of conformity in the form set out in Schedule 5 that such component conforms with that type, and may place on such component the EEC mark of conformity in the form set out in Schedule 6.
EEC inspection
6
1
An approved body shall either carry out or ensure that another approved body or an approved other body carries out at its request and on its behalf EEC inspection in respect of components of the same type as that for which it has issued or extended an EEC type-examination certificate under these Regulations and during the period for which such certificate remains in force.
2
An approved body may carry out EEC inspection in respect of components of the type for which an EEC type-examination certificate has been issued or extended by another approved body or an approved other body if requested to do so by and on behalf of that other body, and shall send a report in writing following such inspection to that other body.
3
Following an EEC inspection under paragraph (1) of this regulation, the approved body shall issue a report in writing to the holder of the EEC type-examination certificate and may require the holder of such certificate to pay to the approved body the prescribed fee.
Prescribed Fee
7
The prescribed fee mentioned in regulation 4(1), (3), (4) and (5) and in regulation 6(3) in each case shall not exceed the sum of–
a
the costs of the approved body of and in connection with the work done or to be done by it or on its behalf under these Regulations; and
b
an amount on account of profit which is reasonable in the circumstances having regard to–
i
the character and the extent of the work done or to be done by the approved body under these Regulations, and
ii
the commercial rate normally charged on account of profit for that work or similar work.
Suspension and withdrawal of EEC type-examination certificate
8
1
If an approved body, after checking a component or after receipt of a report from another approved body or an approved other body made at the request of the approved body, is satisfied that a component of the same type as that in respect of which it has issued or extended an EEC type-examination certificate under these Regulations and which certificate remains in force has not been manufactured to conform with the EEC type-examination requirements in respect of such component, the approved body shall give notice to the holder of such certificate.
2
If it appears to an approved body which has issued or extended an EEC type-examination certificate and which certificate remains in force that any condition subject to which it was issued or extended has not been fulfilled, the approved body may give notice to the holder of such certificate.
3
Any notice given under paragraph (1) or (2) of this regulation shall specify–
a
the respects in which the component does not so conform or the condition appears not to have been fulfilled; and
b
that, unless the approved body is satisfied by the holder of the certificate within a specified period that components of the same type manufactured by the same manufacturer do so conform or that the condition is fulfilled, the certificate will be suspended or withdrawn; or
c
if the approved body thinks fit, that the certificate is suspended with immediate effect.
4
If, after the period specified under paragraph (3)(b) of this regulation, the approved body decides to suspend or withdraw an EEC type-examination certificate the approved body shall immediately give notice of the decision to the holder of the certificate and shall specify that the suspension or withdrawal is of immediate effect or the date on which the suspension or withdrawal is to take effect.
5
A notice given under this regulation in respect of a decision to suspend or withdraw an EEC type-examination certificate shall specify the grounds for the decision, the conditions for revoking any suspension and shall inform the holder of the certificate of his right to apply for a review of the decision under regulation 9.
6
If the approved body decides to suspend or withdraw an EEC type-examination certificate under this regulation it shall immediately give notice of the decision to the Secretary of State.
7
The suspension or withdrawal of an EEC type-examination certificate shall not affect the validity of any certificate of conformity or EEC mark of conformity issued or placed on a component under regulation 5 prior to that suspension or withdrawal.
Review
9
1
A person who is aggrieved by a decision given by an approved body under regulation 4(4), or under regulation 8(1), (2) or (4) may, in accordance with paragraphs (2) and (3) of this regulation, apply to the Secretary of State to review that decision and on such application the Secretary of State–
a
shall have the like powers as an approved body;
b
may hold an inquiry in connection therewith; and
c
may appoint an assessor for the purpose of assisting him with his review or any such inquiry.
2
An application under paragraph (1) of this regulation shall be made by notice to the Secretary of State, and shall be lodged with him not later than twenty eight days from the date of receipt of the test failure report issued under regulation 4(4) or of the notice issued under regulation 8 containing the decision in respect of which the application for review is made.
3
A notice of application for review under this regulation shall state the grounds on which the application is made and shall be accompanied by copies of the information, documents, and the undertaking or undertakings which, in accordance with regulation 4(1), were contained in or accompanied the application under that regulation for the EEC type-examination certificate in question, and
a
where the application is for review of a decision under regulation 4(4), a copy of the test failure report; or
b
where the application for review relates to the suspension or withdrawal of an EEC type-examination certificate, a copy of that certificate and of any notice issued under regulation 8.
4
On completion of the review the Secretary of State shall inform the aggrieved person and the approved body concerned of the outcome of such review.
Reay,
Parliamentary Under Secretary of State for Industryand Technology,
Department of Tradeand Industry
5th December 1991


text:
Citation and commencement
1
This Order may be cited as the National Health Service (District Health Authorities) Order 1991 and shall come into force on 1st April 1991.
Abolition of Authorities
2
The following District Health Authorities are hereby abolished —
a
Central Birmingham Health Authority,
b
Leeds Eastern Health Authority,
c
Leeds Western Health Authority,
d
North Warwickshire Health Authority,
e
Rugby Health Authority,
f
South Birmingham Health Authority.
Establishment and names of new Authorities
3
For each of the districts determined by the National Health Service (Determination of Districts) Order 1981 and specified in column (1) in the Schedule to this Order there is hereby established a District Health Authority which shall be known by the name specified in relation to that district in column (2) of that Schedule.
Amendment of National Health Service (District Health Authorities) Order 1990
4
In consequence of articles 2 and 3 of this Order the National Health Service (District Health Authorities) Order 1990 shall be amended as follows:
a
by the insertion in article 3(1) before the words “shall continue to be” of the words “is or”, and before the words “be known” of the word “shall”,
b
by the substitution in Part 2 of Schedule 1 for the entries in columns (1) and (2) relating to Leeds Eastern District and Leeds Western District of the entry —
Leeds District Leeds District Health Authority
,
c
by the omission from Part 12 of Schedule 1 of the entries in columns (1) and (2) relating to North Warwickshire District, Rugby District and Central Birmingham District and the insertion after the entry relating to North Birmingham District of the entry —
North East Warwickshire District North East Warwickshire District Health Authority
.
Signed by authority of the Secretary of State for Health.
Stephen Dorrell
Parliamentary Under-Secretary of State,
Department of Health
25th February 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Allington National Health Service Trust (Establishment) Order 1991 and shall come into force on 1st November 1991.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of or Schedule 1 to the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 1st November 1991;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Allington National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called Allington National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be–
to manage community health services provided from Allington House, 427 Woodbridge Road, Ipswich, Suffolk and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1 April 1992.
2
The accounting date of the trust shall be 31 March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The East Suffolk Health Authority shall —
a
until the operational date make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The East Suffolk Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the East Suffolk Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Virginia Bottomley
Minister of State,
Department of Health
21st October 1991


text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Type Approvalfor Goods Vehicles) (Great Britain) (Amendment) Regulations 1991 andshall come into force on 20th May 1991.
Preliminary
2
The Motor Vehicles (Type Approval for Goods Vehicles) (GreatBritain) Regulations 1982 shall be further amended in accordance with thefollowing provisions of these Regulations.
Amendments to regulation 2 (interpretation)
3
In regulation 2(1) the following definitions shall be inserted atthe appropriate places in alphabetical order&(SI)emrule;
“hire agreement” means an agreement for the bailment or (in Scotland) the hiring ofa vehicle which is not a hire-purchase agreement;
“hire-purchase agreement” has the same meaning as in the Consumer Credit Act 1974 .
Amendments to regulation 3 (application)
4
1
Regulation 3 shall be amended as follows.
2
For paragraph (ee) there shall be substituted&(SI)emrule;
ee
a motor vehicle which is of a new or improved type provided that theconditions specified in paragraph (3) are satisfied;
.
3
After paragraph (2) there shall be added&(SI)emrule;
3
The conditions referred to in paragraph (2)(ee) are that&(SI)emrule;
a
the manufacturer of the vehicle has made an application&(SI)emrule;
i
in respect of a type vehicle in accordance with regulation 7 for atype approval certificate, or
ii
in respect of another vehicle (“the initial vehicle”) in accordance with regulation 8 for a Minister’s approvalcertificate;
b
an appointment has been made for a final examination of the typevehicle or the initial vehicle (as the case may be);
c
the vehicle conforms with the type vehicle or the initial vehicle(as the case may be) in such of the relevant aspects of design,construction, equipment and marking as are mentioned in the informationdocument accompanying the application pursuant to regulation 7 or 8;
d
the vehicle complies with the relevant type approval requirementsspecified in Schedule 1;
e
the Secretary of State has been notified of the vehicleidentification number;
f
the vehicle —
i
was at the date of manufacture owned by the manufacturer of thevehicle and has remained in his ownership,
ii
has not been offered for sale by him,
iii
has not been let or offered for letting under a hire agreement or ahire-purchase agreement, and
iv
has not been used on a road for any purpose other than for, or inconnection with, publicity, demonstration or evaluation of vehicles ofthe new or improved type; and
g
the manufacturer of the vehicle intends that until pursuant to theapplication mentioned in sub-paragraph (a) there has been issued a typeapproval certificate or a Minister’s approval certificate (as the casemay be), the vehicle —
i
shall remain in his ownership,
ii
shall not be offered for sale by him,
iii
shall not be let or offered for letting under a hire agreement or ahire-purchase agreement, and
iv
shall not be used on a road for any purpose other than for, or inconnection with, publicity, demonstration or evaluation of vehicles ofthe new or improved type.
.
Signed by authority of the Secretary of State for Transport
Christopher Chope
Parliamentary Under Secretary of State,
Department of Transport
16th April 1991


text:
1
The lengths of trunk road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be trunk road as from the date on which the Secretary of State notifies the County Council of Cornwall that the new trunk road is open for through traffic. The length of trunk road described in paragraph 2 of that Schedule shall be classified a classified road as from that date.
2
In this Order:–
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“classified road” as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the deposited plan” means the plan numbered HA10/– 2SWM64, marked “The A39 Trunk Road (Wadebridge Bypass) (Detrunking) Order 1991”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London, SW1P 3PY;
iii
“the new trunk road” means the new highway which the Secretary of State proposes to construct mentioned in article 1 of the A39 Trunk Road (Wadebridge Bypass) Order 1991 ; and
iv
“the trunk road” means the A39 Trunk Road.
3
This Order shall come into force on 4th April 1991 and may be cited as the A39 Trunk Road (Wadebridge Bypass) (Detrunking) Order 1991.
Signed by authority of the Secretary of State for Transport
Elizabeth Hopkins
Regional Director, South West Region,
Department of Transport
7th March 1991


text:
1
This Order may be cited as the Offshore Installations (Safety Zones) (No. 3) Order 1991 and shall come into force on 1st October 1991.
2
A safety zone is hereby established around the installation specified in column 1 of the Schedule hereto (being an installation stationed in waters to which subsection (7) of section 21 of the Act applies) having a radius of five hundred metres from the point as respects that installation which has the co-ordinates of latitude and longitude according to European Datum (1950) specified in columns 2 and 3 of the Schedule.
Signed by order of the Secretary of State.
Eric Forth
Parliamentary Under Secretary of State,
Department of Employment
27th August 1991


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Agricultural Holdings (Units of Production) Order 1991 and shall come into force on 12th September 1991.
2
Any reference in this Order to “the Schedule” shall be construed as a reference to the Schedule to this Order, and the reference to column 3 of the Schedule shall be construed as including a reference to the note to that column.
Assessment of productive capacity of land
2
1
Paragraph (2) of this article has effect for the purpose of the assessment of the productive capacity of a unit of agricultural land, in order to determine whether that unit is a commercial unit of agricultural land within the meaning of subparagraph (1) of paragraph 3 of Schedule 6 to the Agricultural Holdings Act 1986.
2
Where the land in question would be capable, when farmed under competent management, of carrying or producing any such livestock, crop, etc , as is mentioned in any entry in column 1 of the Schedule–
a
the unit of production prescribed in relation to that use of the land shall be the unit specified in column 2 of the Schedule opposite to that entry, and
b
the amount which, for the period of 12 months beginning with 12th September 1991, is to be regarded for the purposes of the said paragraph 3 as the net annual income from that unit of production in that period shall be the amount so specified in column 3 of the Schedule.
Revocation
3
The Agricultural Holdings (Units of Production) Order 1990 is hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 13th August 1991.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Nicholas Bennett
Parliamentary Under Secretary of State, Welsh Office
14th August 1991


text:
1
This Order may be cited as the Double Taxation Relief (Taxes on Income) (Denmark) Order 1991.
2
It is hereby declared–
a
that the arrangements specified in the Protocol set out in the Schedule to this Order, which vary the arrangements set out in the Schedule to the Double Taxation Relief (Taxes on Income) (Denmark) Order 1980 , have been made with the Government of the Kingdom of Denmark with a view to affording relief from double taxation in relation to income tax, corporation tax or capital gains tax and taxes of a similar character imposed by the laws of Denmark; and
b
that it is expedient that those arrangements should have effect.
G. I. de Deney
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Community Charges and Non-Domestic Rating (Demand Notices) (City of London) Regulations 1991 and shall come into force on 15th February 1991.
2
In these Regulations–
“ the Act ” means the Local Government Finance Act 1988;
“community charge demand notice” means a demand notice within the meaning of Part III of the Community Charges (Administration and Enforcement) Regulations 1989 which is issued by the Common Council (including such a notice issued pursuant to the Community Charges (Co-owners) Regulations l990 );
“rate demand notice” means a demand notice within the meaning of Part II of the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989 which is issued by the Common Council (including such a notice issued pursuant to Part II of the Non-Domestic Rating (Collection and Enforcement) (Miscellaneous Provisions) Regulations l990 (Joint owners and occupiers));
“the relevant charge” in relation to a notice means the amount set by the Common Council under section 32, 34 or 35 of the Act which is applicable to the notice, or which would be so applicable but for any provision of regulations made under section 13A of the Act ;
“the relevant year” in relation to a notice means the chargeable financial year to which the demand for payment made by the notice relates;
“the special grant report” means the report made on 17th January 1991 by the Secretary of State for Education and Science and the Secretary of State for the Environment under section 146 of the Local Government and Housing Act 1989 or any later report made by them under that section and approved by resolution of the House of Commons; and
“specific grants” means grants or subsidies which fall to be credited to revenue account and which are paid out of monies provided by Parliament, other than grants or subsidies which fall to be paid into a collection fund under section 90(1) of the Act.
Application of the Regulations
2
These Regulations apply in relation to community charge demand notices and rate demand notices issued with respect to a financial year beginning on or after 1st April 1991 and, accordingly, the Community Charges and Non-Domestic Rating (Demand Notices) (City of London) Regulations l990 shall not have effect in relation to any such notice.
Content of demand notices, etc.
3
1
Subject to paragraph (2), a community charge demand notice shall–
a
where it relates to a personal community charge and the amount demanded under it is not calculated by reference to section 13 of the Act, contain the matters specified in Part I of Schedule l;
b
where it relates to a personal community charge and the amount demanded under it is calculated by reference to section 13 of the Act, contain the matters specified in Part II of that Schedule;
c
where it relates to a standard community charge, contain the matters specified in Part III of that Schedule;
d
where it relates to a collective community charge, contain the matters specified in Part IV of that Schedule.
2
Where a community charge demand notice is served on a person–
a
after the end of the relevant year; and
b
at the same time as a community charge demand notice relating to another chargeable financial year not then ended is served on him,
paragraph (l) shall apply as if references to the matters specified in Parts I to IV of Schedule 1 excluded references to the matter mentioned in paragraph 7 of Part I.
3
Part V (interpretation, etc.) of Schedule 1 shall have effect for the purposes of Parts I to IV of that Schedule.
4
A rate demand notice shall contain the matters mentioned in Schedule 2.
5
Subject to paragraph (6), the Common Council must when it serves a community charge demand notice supply to the person on whom the notice is served the information specified in Part I of Schedule 3, and must when it serves a rate demand notice supply to the person on whom the notice is served the information specified in Part II of that Schedule; and Part III of that Schedule (interpretation, etc.) shall have effect for the purposes of those Parts I and II.
6
Paragraph (5) does not apply when a community charge demand notice or a rate demand notice is served after the end of the relevant year.
Invalid notices
4
1
Where–
a
a community charge demand notice is invalid because it does not comply with the applicable provisions of regulation 3,
b
the failure so to comply was due to a mistake, and
c
the amounts required to be paid under the notice were demanded in accordance with Part III of the Community Charges (Administration and Enforcement) Regulations 1989,
the requirement to pay those amounts shall apply as if the notice were valid.
2
Where–
a
a rate demand notice is invalid because it does not comply with regulation 3(4),
b
the failure so to comply was due to a mistake, and
c
the amounts required to be paid under the notice were demanded in accordance with Part II of the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989,
the requirement to pay those amounts shall apply as if the notice were valid.
3
Where a requirement to pay an amount under an invalid notice subsists by virtue of paragraph (l) or (2), the Common Council shall as soon as practicable after the mistake is discovered issue to the chargeable person or ratepayer concerned a statement of the matters which were not contained in the notice and which should have been so contained.
Supply of information by precepting authorities
5
1
In order that the Common Council may fulfil its obligations under regulation 3, subject to paragraphs (3) to (6) every precepting authority shall, when it issues a precept to the Common Council for a year, supply the Council with the information specified in paragraph (2).
2
The information is information, as regards the precepting authority and the precept concerned, as to–
a
the estimates mentioned in paragraphs 1, 9, 10 and 11 of Part I of Schedule 3; and
b
the matters mentioned in paragraphs 3 and 7 of that Part.
3
Information need not be supplied by a precepting authority with respect to the estimates mentioned in paragraphs 1, 9 and 11 of Part I of Schedule 3 insofar as that information would (by virtue of paragraph 3 of Part III of that Schedule) be repetitive of information given as regards a precept issued for the preceding financial year.
4
Information need not be supplied when a substitute precept is issued if it is not one which would require the Common Council to set a substitute amount under section 35 of the Act; but if in such a case the Council subsequently notifies the precepting authority that it has set or proposes to set an amount for its personal community charge by reference to the substitute precept, the precepting authority shall (subject to paragraphs (3), (5) and (6)) supply that information as regards the substitute precept as soon as practicable after that notification is given.
5
Information need not be supplied by a precepting authority as regards the issue of a substitute precept for a financial year insofar as it would be repetitive of information given in respect to the preceding financial year on the occasion of the issue of an earlier precept for the first-mentioned financial year.
6
Information need not be supplied by a precepting authority if, by virtue of the proviso to the definition of “relevant precepting authority” in paragraph 7 of Part III of Schedule 3, it would not fall to be supplied by the Common Council when it serves a demand notice.
Supply of information by the National Rivers Authority
6
1
In order that the Common Council may fulfil its obligations under regulation 3, subject to paragraphs (5) and (6) the National Rivers Authority (“the Authority”) shall, when it first issues a levy to the Common Council for the year, supply the Council with the information specified in paragraph (4).
2
In order that the Common Council may fulfil the obligations mentioned in paragraph (1), subject to paragraphs (5) and (6) the Authority shall, after it has issued a substitute levy for a year, supply the Common Council with the information specified in paragraph (4) if the Council notifies the Authority that it has set or proposes to set an amount for its personal community charge by reference to the substitute levy.
3
Information shall be supplied under paragraph (2) as soon as practicable after the notification is given.
4
The information is information, as regards the levy concerned, as to–
a
the estimates mentioned in paragraphs 2 and 10 of Part I of Schedule 3; and
b
the matter mentioned in paragraph 7 of that Part.
5
Information need not be supplied by the Authority with respect to the estimate mentioned in paragraph 2 of Part I of Schedule 3 insofar as that information would (by virtue of paragraph 3 of Part III of that Schedule) be repetitive of information given as regards a levy issued for the preceding financial year.
6
Information need not be supplied by the Authority as regards the issue of a substitute levy for a financial year insofar as it would be repetitive of information given with respect to the preceding financial year on the occasion of the issue of an earlier levy for the first-mentioned financial year.
Signed by authority of the Secretary of State
Michael Portillo
Minister of State,
Department of the Environment
1st February 1991


text:
1
These Regulations may be cited as the Friendly Societies (Fees) Regulations 1991 and shall come into force on 1st April 1991.
2
The Friendly Societies Regulations 1975 shall be amended by substituting for Schedule 2 thereto the following Schedule–
SCHEDULE 2
FEES PAYABLE FOR REGULATION AND SUNDRY OTHER MATTERS
Regulation 16
£
1
For the acknowledgement of registration of a society (except as hereinafter provided)
335
2
For the acknowledgement of registration of a branch
130
3
For the registration of an annual return (except where the society or branch concerned has by written notice sent to the Central Office or the Assistant Registrar for Scotland irrevocably elected to pay the fees specified in paragraph 4 of this Schedule):
a
In the case of an annual return for a year of account ended on or before 31st December 1989
where it relates to a society
55
where it relates to a branch
20
b
in the case of an annual return for any subsequent year of account –
where it relates to a society
60
where it relates to a branch
22
4
The fees specified in this paragraph shall be payable where the society or branch concerned has by notice elected as aforesaid:
a
For the acknowledgement or registration of an amendment of rules (and including approval of name in the case of an amendment affecting a change of name of a society or branch)–
i
if the amendment substitutes an entire set of rules for the existing set of rules (except as hereinafter provided)
where made by a society
215
where made by a branch
65
ii
if the amendment does not substitute an entire set or rules for the existing set of rules
where made by a society
100
where made by a branch
32
b
For the acknowledgement of registration of a notice of change in the situation of the registered office–
of a society
29
of a branch
17
c
For a receipt issued in respect of a notice of appointment of trustee or trustees–
of a society
29
of a branch
17
5
For the registration of a special resolution–
1
where the special resolution relates to an amalgamation or a transfer of engagements and the society passing it has–
a
100 members or less
65
b
more than 100 members but not more than 500
90
c
more than 500 members but not more than 1000
120
d
more than 1,000 members
150
2
where the special resolution relates to a conversion
150
6
For the appointment of an inspector or calling of a special meeting by a Registrar under section 90 of the Friendly Societies Act 1974
170
7
For a registration of an instrument of dissolution or alternation therein where a society or branch has–
a
100 members or less
65
b
more than 100 members but not more than 500
90
c
more than 500 members but not more than 1,000
120
d
more than 1,000 members
150
8
For a reference of a dispute to the Registrar
10
9
For the determination of a Registrar on a dispute or for the award of a Registrar for dissolution where the matter is settled without a hearing or upon one hearing without an adjournment
40
10
Where on a dispute or on an application for an award of dissolution more than one hearing is required or where the hearing is adjourned–
the same fee as where the matter is settled upon one hearing without adjournment and in addition for every hearing after the first and for every adjournment
40
11
On every direction for division or appropriation of the assets of a society–
a
where the value of the assets is £1,000 or less, 20% of that value
b
where the value of the assets exceeds £1,000, £200 with an additional £10 for every £100 or part thereof in excess of £1,000
12
Where an application is made for an investigation into the affairs of a society or branch with a view to an award of dissolution thereof, the Chief Registrar may, if he thinks fit, at any time before making his award require the payment of such further fee as he may deem reasonable not exceeding–
a
where the number of members does not exceed 150
455
b
where the number of members exceeds 150 but does not exceed 250
600
c
where the number of members exceeds 250 but does not exceed 350
750
d
where the number of members exceeds 350 but does not exceed 500
900
e
where the number of members exceeds 700 but does not exceed 700
1,350
f
where the number of members exceeds 500 but does not exceed 1,000
1,800
g
where the number of members exceeds 1,000, £1,750 for the first 1,000
members and £340 for every 500 members or part thereof, exceeding 1,000 members, subject to a maximum fee of £3,450.
13
For the inspection on any particular day of documents relating to a single society or branch
3.75
14
For every document (except as otherwise provided) required to be signed by a Registrar, or to bear the seal of the Central Office, not chargeable with any other fee to the Registrar
20
provided that such fee shall not be paid by a society or branch which has not by notice elected as in paragraph 4 of this Schedule.
15
For the provision of a copy of the whole of or an extract from any document–
a
where the copy is a photocopy and is not certified as a true copy of a document in the custody of the Registrar–
i
where the copy does not exceed 5 pages, or for the first 5 pages of a copy which exceeds 5 pages
1.00
ii
for every page of a copy after the fifth page
0.20
b
where the copy is not a photocopy and is not so certified–
i
where the copy does not exceed 216 words, or for the first 216 words of a copy which exceeds 216 words
7.50
ii
for each complete folio of 72 words by which a copy exceeds 216 words
1.50
c
where the copy, whether a photocopy or not, is certified as provided in subparagraph (a) above (as an addition to whatever fee would be payable if the copy were not so certified and the fee for the signature of a Registrar or the seal of the Central Office)
3.75
16
The fee for the acknowledgement of registration of a society registered as a working men’s club the rules of which are in the form of model rules, where the application for the registration is made through and endorsed by the association or body which has sponsored the rules contained in the said model, shall be £180.
17
The fee for the acknowledgement of registration of an amendment of rules of a society registered as a working men’s club, being a substitution of an entire set of rules for the existing set of rules, where the entire set of rules is in the form of model rules and where the application for registration is made through and endorsed by the association or body which has sponsored the rules contained in the said model, shall be £125.
18
No fee shall be payable in respect of the examination or authentication of copies of rules or amendments of rules to be used for recording under section 10 of the Friendly Societies Act 1974.
3
The Friendly Societies (Fees) Regulations 1990 are hereby revoked.
Sydney Chapman
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
7th March 1991


text:
Citation and commencement
1
This Order may be cited as the Children and Young Persons (Designation of Isle of Man Orders) Order 1991 and shall come into force on 14th October 1991.
Designation
2
A care order made under section 50 of the Children and Young Persons Act 1966 (an Act of Tynwald) being an order which satisfies the conditions set out in section 26(1) of the Children and Young Persons Act 1969 (transfers between England and Wales and the Channel Islands or Isle of Man), is hereby designated for the purposes of section 26 of that Act .
Revocation
3
The Children and Young Persons (Designation of Isle of Man Order) Order 1971 is hereby revoked.
Signed by authority of the Secretary of State for Health.
Virginia Bottomley
Minister of State,
Department of Health
9th September 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the South Ayrshire Hospitals National Health Service Trust (Establishment) Order 1991 and shall come into force on 1st January 1992.
2
In this Order unless the context otherwise requires–
“ the Act ” means the National Health Service (Scotland) Act 1978 ;
“establishment date” means 1st January 1992;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 7A to the Act ;
“the trust” means the South Ayrshire Hospitals National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the South Ayrshire Hospitals National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 12A(1)(a) of the Act .
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health boards) shall be to manage the hospital establishments or facilities known as the Ayr Hospital, Ayr, Ballochmyle Hospital, Ballochmyle, Biggart Hospital, Prestwick and the Heathfield Clinic, Ayr including the management of the teaching and research facilities associated with these establishments and the support services related thereto.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and up to 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1992.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date in order to enable it to begin to operate satisfactorily from the operational date the trust shall have the limited functions–
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment;
c
acquiring or disposing of land and other property; and
d
of doing such other things as are reasonably necessary for the said purposes.
Assistance by health boards before operational date
7
1
The Ayrshire and Arran Health Board shall–
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The Ayrshire and Arran Health Board shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are–
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
4
The health board specified for the purposes of paragraph 3(1)(f) of Schedule 7A to the Act (body which is to make the scheme under section 12B of the Act for the transfer of staff) in relation to the trust shall be the Ayrshire and Arran Health Board.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 7A to the Act (maximum value of freely disposable assets) in relation to the trust shall be £500,000.
Ian Lang
One of Her Majesty’s Principal Secretaries of State
St Andrew’s House,
Edinburgh
18th December 1991


text:
1
The new highway which the Secretary of State proposes to constructalong the route described in Schedule 1 to this Order shall become atrunk road as from the date when this Order comes into force.
2
The centre line of the new trunk road is indicated by heavy blacklines on the deposited plan.
3
The Secretary of State directs as respects any part of a highwaywhich crosses the route of the new trunk road that —
a
where the highway is a highway maintainable at the public expenseby a local highway authority, the part in question shall be maintainedby that authority, and
b
where the highway is not a highway so maintainable and is notmaintainable under a special enactment or by reason of tenure, enclosureor prescription, the Secretary of State shall be under no duty tomaintain the part in question,
until, in either case, a date to be specified in a notice given bythe Secretary of State to the highway authority for that highway. Thedate specified will not be later than the date on which the relevantroute is opened for the purpose of through traffic.
4
The length of trunk road described in Schedule 2 to this Order andshown by broad striped hatching on the deposited plan shall cease to bea trunk road as from the date on which the Secretary of State notifiesthe County Council of Northamptonshire that the new trunk road is openfor through traffic.
5
In this Order: —
1
Except where otherwise expressly provided all measurements ofdistance are measured along the route of the relevant highway;
2
i
“the deposited plan” means the plan numbered HA10/EM78 marked“The A5 Trunk Road (Kilsby Diversion) Order 1991” signed by authority of the Secretary of State and deposited at theDepartment of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the new trunk road” means the highway mentioned in article 1 of this Order; and
iii
“the Trunk Road” means the A5 Trunk Road.
6
This Order shall come into force on 23rd May 1991 and may be citedas the A5 Trunk Road (Kilsby Diversion) Order 1991.
Signed by authority of theSecretary of State for Transport
D. J. Morrison
Regional Director East Midlands Region
Department of Transport
1st May 1991


text:
1
This Order may be cited as the Public Telecommunication System Designation (Tayside Cable Systems Ltd) (Perth) Order 1991 and shall come into force on 16th April 1991.
2
Each of the Applicable Cabled Systems is hereby designated as a public telecommunication system.
John Redwood
Minister of State,
Department of Trade and Industry
14th March 1991


text:
1
This Order may be cited as the Public Telecommunication System Designation (Britannia Cablesystems Wirral Limited) Order 1991 and shall come into force on 3rd April 1991.
2
Each of the Applicable Cabled Systems is hereby designated as a public telecommunication system.
John Redwood
Minister of State,
Department of Trade and Industry
25th February 1991