text:
Citation, commencement and interpretation
1
–
1
These Regulations may be cited as the Social Security (Contributions) Amendment (No. 6) Regulations 1991 and shall come into force on 7th November 1991.
2
In these Regulations “the principal Regulations ” means the Social Security (Contributions) Regulations 1979 .
Amendment of regulation 18 of the principal Regulations
2
–
1
Regulation 18 of the principal Regulations (calculation of earnings) shall be amended in accordance with the following paragraphs of this regulation.
2
At the beginning of the regulation there shall be inserted the paragraph number “(1)”.
3
At the end of the regulation there shall be added the following paragraphs–
2
Except where paragraph (4) or (6) of this regulation applies, the amount of earnings which is comprised in any payment by way of the conferment of any beneficial interest in any asset specified in Schedule 1A to these Regulations, and which falls to be taken into account in the computation of a person’s earnings, shall, for the purposes of earnings-related contributions, be calculated or estimated at a price which that beneficial interest might reasonably be expected to fetch if sold in the open market on the day on which it is conferred.
3
For the purposes of paragraph (2) of this regulation, where any asset is not quoted on a recognised stock exchange within the meaning of section 841 of the Income and Corporation Taxes Act 1988 , it shall be assumed that, in the open market which is postulated, there is available to any prospective purchaser of the beneficial interest in the asset in question all the information which a prudent prospective purchaser of the interest might reasonably require if he were proposing to purchase it from a willing vendor by private treaty and at arm’s length.
a
an amount which is the lower of the two prices shown in the quotations for the shares or securities in The Stock Exchange Daily Official List on the date of that payment plus one-quarter of the difference between those two figures; or
b
an amount which is halfway between the highest and lowest prices at which bargains, other than bargains done at special prices, were recorded in the shares or securities for the date of that payment,
except that in any case in which the relevant amounts could be ascertained in accordance with both sub-paragraphs (a) and (b) of this paragraph it shall be calculated or estimated by reference to the lower of those amounts; and for the purposes of this paragraph if the London trading floor is closed on the date of the relevant payment, the prices shown in the quotations and the prices at which bargains were recorded shall be ascertained by reference to the latest previous date or earliest subsequent date on which it is open, whichever affords the lower market value.
5
Paragraph (4) of this regulation shall not apply to shares or securities for which The Stock Exchange provides a more active market elsewhere than on the London trading floor.
6
The amount of earnings which is comprised in any payment by way of the conferment of a beneficial interest in any units in any unit trust scheme within the meaning of section 75(8) of the Financial Services Act 1986 having a published selling price and which falls to be taken into account in the computation of a person’s earnings, shall, for the purposes of earnings-related contributions, be calculated or estimated by reference to the selling price on the date of that payment or if none were published on that date, on the latest previous date on which such prices were published before the date on which that payment was made.
Amendment of regulation 19 of the principal Regulations
3
–
1
Regulation 19 of the principal Regulations (payments to be disregarded in the computation of earnings) shall be amended in accordance with the following paragraphs of this regulation.
2
In paragraph (1)(d) there shall be inserted before the words “any payment in kind” the words “subject to paragraph (5) of this regulation,”; and the words “(other than a payment to which regulation 19C of these Regulations applies),” shall be omitted.
3
Paragraph (1)(j) shall be omitted.
4
After paragraph (1)(k) there shall be added the following sub-paragraphs–
l
a payment by way of shares (which shall include a payment by way of or derivedfrom shares appropriated under a profit sharing scheme to which the provisionsof section 186 of the Income and Corporation Taxes Act 1988 (approved profitsharing schemes) apply) where such shares form part of the ordinary sharecapital of–
i
the secondary contributor; or
ii
a company which has control of that secondary contributor; or
iii
a company which either is, or has control of, a body corporate which is a member of a consortium owning either that secondary contributor or a body corporate having control of that secondary contributor;
m
a payment by way of an option to acquire any shares specified in sub-paragraph (1) of this paragraph;
n
a payment by way of any benefit which by virtue of section 68(1) of the Finance Act 1988 (priority share allocations for directors or employees) is not treated as an emolument of the employment chargeable to tax under Schedule E.
At the end of the regulation there shall be added the following paragraphs
5
Payments under paragraph (1)(d) of this regulation shall not include any payment by way of the conferment of any beneficial interest in–
a
any asset falling within Schedule 1A to these Regulations; or
b
any contract the effecting and carrying out of which constitutes long term business falling within Class I (life and annuity business), Class III (linked long term business) or Class VI (capital redemption business) specified in Schedule 1 to the Insurance Companies Act 1982 .
6
For the purposes of paragraph (5)(b) of this regulation where the provisions of a contract of insurance are such that the effecting and carrying out of the contract constitutes–
a
both long term business within the meaning of the Insurance Companies Act 1982 and general business within the meaning of that Act; or
b
by virtue of section 1(3) of that Act long term business notwithstanding the inclusion of subsidiary general business provisions, the effecting and carrying out of such contract shall be treated as constituting long term business.
7
In paragraph (1)(l) of this regulation–
a
“body corporate” includes–
i
a body corporate constituted under the law of a country or territory outside the United Kingdom; and
ii
an unincorporated association wherever constituted,
but does not include a partnership, a local authority within the meaning of section 842A of the Income and Corporation Taxes Act 1988 or a local authority association within the meaning of section 519 of that Act;
b
a body corporate is a member of a consortium owning another body corporate if the first-mentioned body corporate is one of a number of bodies corporate which between them beneficially own not less than three-quarters of the other body corporate’s ordinary share capital and each of which beneficially owns not less than one-twentieth of that capital;
c
“company” means any body corporate having a share capital;
d
“control” in relation to a body corporate means the power of a person to secure–
i
by means of the holding of shares or the possession of voting power in or in relation to that or any other body corporate, or
ii
by virtue of any powers conferred by the articles of association or other document regulating that or any other body corporate,
that the affairs of the first-mentioned body corporate are conducted in accordance with the wishes of that person;
e
“ordinary share capital” in relation to a company means all the issued share capital (by whatever name called) of the company, other than capital the holders of which have a right to a dividend at a fixed rate but have no other right to share in the profits of the company;
f
“shares” includes stock.
Revocation of regulation 19C of the principal Regulations
4
Regulation 19C of the principal Regulations (payments in kind which are not to be disregarded) is hereby revoked.
Insertion of Schedule 1A into the principal Regulations
5
After Schedule 1 to the principal Regulations (provisions of the Income Tax (Employments) Regulations 1973 as they apply to earnings-related contributions) there shall be inserted Schedule 1A as set out in the Schedule to these Regulations.
Signed by authority of the Secretary of State for Social Security.
Henley
Parliamentary Under-Secretary of State,
4th November 1991 Department of Social Security


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Financial Services Act 1986(Restriction of Right of Action) (Friendly Societies) Regulations 1991and shall come into force on1st April 1991.
2
In these Regulations“ the Act ” means the Financial Services Act 1986.
Definition of private investor
2
For the purposes of paragraph 22A of Schedule 11 to the Act, theexpression private investor means an individual who is neither anauthorised person under Chapter III nor an exempted person under ChapterIV of Part I of the Act.
Circumstances in which action may be brought at suit of person otherthan private investor
3
The following circumstances are specified for the purposes ofparagraph 22A(1) of Schedule 11 to the Act as being circumstances inwhich action may be brought at the suit of a person other than a privateinvestor —
a
circumstances in which an individual who is an authorised personunder Chapter III of or an exempted person under Chapter IV of Part I ofthe Act suffers a loss otherwise than in the course of investmentbusiness carried on by him;
b
circumstances in which there is or has been a contravention of anyprohibition or requirement imposed under Chapter VI of Part I of the Actas it applies by virtue of paragraph 23 of Schedule 11 to the Act;
c
circumstances in which there is or has been a contravention of anyrequirement imposed under paragraph 24 of Schedule 11 to the Act;
d
circumstances in which the contravention in question is acontravention of any rule, regulation, condition or requirementprohibiting a person from seeking to make provision excluding orrestricting any duty or liability.
J M Bridgeman
Chief Registrar of Friendly Societies
7th March 1991


text:
Title and commencement
1
These Regulations may be cited as the Library Charges (England and Wales) Regulations 1991 and shall come into force on 1st January 1992.
Interpretation
2
1
In these Regulations–
“computer” means any device for storing and processing information;
“library apparatus” means electronic or other apparatus intended for use with library material;
“library material” means
words, figures, images, sounds or data recorded in or on any medium;
toys; and
educational artefacts; and
“records” has the meaning assigned to it by section 8(1) of the Local Government (Records) Act 1962 .
2
Any reference in these Regulations to copying and copies shall be construed in accordance with section 17 of the Copyright, Designs and Patents Act 1988 and other expressions shall have, unless the context otherwise requires, the meaning assigned to them by the 1964 Act.
Authority to charge for library facilities
3
1
A library authority whose library area is in England or in Wales (“a relevant authority”) may make charges for the library facilities made available by it which are specified in the following paragraph.
2
A relevant authority may make a charge–
a
subject to paragraph (3) below, for lending library material or library apparatus;
b
for reserving for any person library material or library apparatus, whether that material or apparatus is for the time being held by the relevant authority or needs to be obtained from elsewhere and whether for the purpose of lending the material or apparatus to that person or making it available for his use on library premises, and for notifying that person that that material or apparatus has become available or is not available for borrowing or use by him;
c
in respect of borrowed library material or library apparatus which is returned late;
d
subject to paragraph (4) below, for making library apparatus available for use on library premises;
e
in respect of library apparatus, library material and any other equipment or thing used in providing the library service which is lost, damaged or destroyed by, or whilst on loan to, the person paying the charge;
f
subject to paragraph (4) below, for assisting or instructing a person how to use a computer;
g
for researching and for collating information for and at the request of a person;
h
for supplying catalogues, indexes or similar articles where the articles become the property of the person to whom they are supplied;
i
for supplying library material which has been researched, collated, produced or copied by the relevant authority where the material becomes the property of the person to whom it is supplied;
j
for supplying copies of library material obtained from another library not maintained by the relevant authority or from a holder of records where the copies become the property of the person to whom they are supplied;
k
for providing, or procuring the provision of, library material to a person who does not wish to collect it or have it collected and for notifying a person who has requested provision other than by collection that the library material is not available;
l
for providing a room or cubicle on library premises for the purpose of working or studying to which only the person paying the charge is for the time being permitted access;
m
for making library facilities available other than on library premises except that the relevant authority may not charge the individual users of facilities where–
i
the facilities are made available at a school, old people’s home, hospital, prison, club or like institution, and
ii
the person who has arranged with the relevant authority for the facilities to be made available at such institution is charged under this sub-paragraph; and
n
subject to paragraphs (3) and (4) below, for making available to any person library facilities which go beyond those ordinarily provided by the relevant authority as part of the library service.
3
Notwithstanding paragraphs (2)(a) and (n) above, no charge shall be made for lending any written material to any person where–
a
it is the duty of the authority under section 7(1) of the 1964 Act to make facilities for borrowing available to that person;
b
the material is lent in the course of providing such facilities to that person on any library premises;
c
the material is lent in a form in which it is readable without the use of any electronic or other apparatus; and
d
that person is not a person who has required any such apparatus to be used, or made available to him, for putting the material into such a form in order that he may borrow it.
4
Notwithstanding paragraphs (2)(d), (f) and (n) above, no charge shall be made for making facilities available, or in respect of time spent by employees of the relevant authority in making facilities available, for any person–
a
to read the whole or any part of any of the written materials for the time being held by the authority
i
in a form in which they are readable without the use of any electronic or other apparatus, or
ii
in microform; or
b
to consult such catalogues, indexes or similar articles as are maintained, in any form whatever, exclusively for the purposes of that authority’s public library service,
on library premises.
Amount and incidence of the charges
4
1
The amount and the incidence of any charge made in accordance with regulation 3 shall be at the discretion of the relevant authority.
2
Without prejudice to the generality of paragraph (1) above, the relevant authority may–
a
make different provision for different cases including different provision in relation to different persons, circumstances or localities; and
b
make charges in respect of each use of the library facilities made available by it, or charge an annual subscription or a deposit in respect of all or some of such facilities.
Display of charges
5
A relevant authority which makes a charge in accordance with regulation 3 shall display in a conspicuous place within each library premises occupied by the relevant authority a notice which is easily readable specifying the library facilities made available by the authority for which it makes a charge and, in the case of each such facility, the amount of the charge or the basis on which the charge will be calculated.
John MacGregor
Lord President of the Council
David Hunt
Secretary of State for Wales
3rd December 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the East Birmingham Hospital 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;
“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 East Birmingham Hospital 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 East Birmingham Hospital 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 own and manage hospital accommodation and services provided at 45 Bordesley Green East, Birmingham, B9 5ST and 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 Birmingham 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 Birmingham 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 Birmingham 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:
1
This Order may be cited as the Environmental Protection Act 1990 (Commencement No. 6 and Appointed Day) Order 1991.
2
In this Order “ the Act ” means the Environmental Protection Act 1990.
3
The amendments made by sections 128, 130 and 132 of the Act, and section 162(2) of the Act in so far as it relates to the repeals to the Countryside Act 1968 and the Wildlife and Countryside Act 1981 in Part VI of Schedule 16 to the Act, shall come into force on 1st April 1991.
4
1
The day appointed under section 130(4) for the discharge of the respective functions of the Countryside Council for Wales and the Countryside Commission is 1st April 1991.
2
The day appointed under section 131(3) for the discharge of the nature conservation functions of the Nature Conservancy Council for England, the Nature Conservancy Council for Scotland and the Countryside Council for Wales is 1st April 1991.
Michael Heseltine
One of Her Majesty’s Principal Secretaries of State
14th March 1991


text:
1
The new highway which the Secretary of State proposes to construct along the route described in Schedule 1 to this Order shall become a trunk road as from the date when this Order comes into force.
2
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
3
The length of trunk road described in Schedule 2 to this Order and shown by broad striped hatching on the deposited plan shall cease to be a 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.
4
In this Order —
1
all measurements of distance are approximate and are measured along the route of the relevant highway;
2
i
“the deposited plan” means the plan numbered HA10/2/SWM59 marked “The A38 Trunk Road (Improvement at Twowatersfoot) Order 1991”, signed by authority of the Secretary of State for Transport and deposited at the Department 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 A38 Trunk Road.
5
This Order shall come into force on 25th July 1991 and may be cited as the A38 Trunk Road (Improvement at Twowatersfoot) Order 1991.
Signed by authority of the Regional Director Secretary of State for Transport
Elizabeth Hopkins
Regional Director South West Region,
Department of Transport
13th June 1991


text:
1
This Order may be cited as the Scottish Agricultural Securities Corporation (Specified Day for Repeals) Order 1991.
2
The 25th September 1991 is specified as the day on which the repeals in Part III of the Schedule to the Agriculture and Forestry (Financial Provisions) Act 1991 shall take effect.
James Douglas-Hamilton
Parliamentary Under Secretary of State
St Andrew’s House,
Edinburgh
28th August 1991


text:
1
The length of existing highway described in the Schedule to this Order and shown by thin striped hatching on the deposited plan shall become a trunk road as from the date when this Order comes into force.
2
In this Order —
1
All measurements of distance are measured along the route of the relevant highway; and
2
“the deposited plan” means the plan numbered HA10/EM32 marked “Ermine Street (A15) (North Lincolnshire) (Trunking) 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.
3
This Order shall come into force on 15th February 1991 and may be cited as the Ermine Street (A15) (North Lincolnshire) (Trunking) Order 1991.
Signed by authority of the Secretary of State for Transport
D.J. Morrison
Regional Director, East Midlands Region,
Department of Transport
17th January 1991


text:
Citation and commencement
1
This Order, which may be cited as the Child Benefit (Different Rates) Order 1991, shall come into force on 8th April 1991.
Date on which child benefit becomes payable at different rates
2
The day on which child benefit under the Child Benefit Act 1975 shall become payable at the rate specified in paragraph (1)(a) of regulation 2 of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976 is 8th April 1991.
Signed by authority of the Secretary of State for Social Security.
Michael Jack
Parliamentary Under-Secretary of State,
Department of Social Security
7th March 1991


text:
1
This Order may be cited as the Public Telecommunications System Designation (Stort Valley Cable Limited) (Harlow and Bishops Stortford) Order 1991 and shall come into force on 18th February 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
13th January 1991


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as The National Health Service (Vocational Training) Amendment Regulations 1991 and shall come into force on 1st April 1991.
2
In these Regulations, “the principal Regulations ” means the NationalHealth Service (Vocational Training) Regulations 1979 .
Amendment of the principal Regulations
2
1
The principal Regulations shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 2(1) (interpretation), in the definition of “health authority” for the words “includes a” there shall be substituted the words “includes an NHS trust and any”
3
In regulation 8 (exemptions) —
a
in paragraph (1)(e) for the words from “either maternity” to the end of the sub-paragraph there shall be substituted the words
general medical services limited to —
i
child health surveillance services only,
ii
contraceptive services only,
iii
maternity medical services only, or
iv
minor surgery services only,
or to any combinaiton of those services;
;
b
in paragraph (4) —
i
for sub-paragraph (a) there shall be substituted the following sub-paragraphs: —
a
“child health surveillance services”, “maternity medical services” and “minor surgery services” have the meanings assigned by regulation 2(1) of the National Health Service (General Medical and Pharmaceutical Services) Regulations 1974 ;
aa
“contraceptive services” has the meaning assigned by regulation 3(1)(b) of those Regulations;
;
ii
for the words from “providing maternity” to “such services only” there shall be substituted the words “providing general medical services limited as mentioned in paragraph (1)(e),”.
Signed by authority of the Secretary of State for Health.
Virginia Bottomley
Minister of State,
Department of Health
4th March 1991


text:
1
This Order may be cited as the Public Telecommunication System Designation (Britannia Cablesystems Surrey Limited) Order 1991 and shall come into force on 9th May 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
27th March 1991


text:
1
This Order may be cited as the Public Telecommunication System Designation (Mercury Personal Communications Network Limited) Order 1991 and shall come into force on 21st August 1991.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
John Redwood
Minister of State,
Department of Trade and Industry
17th July 1991


text:
Citation and commencement
1
This Order may be cited as the Local Elections (Declaration of Acceptance of Office) (Welsh Forms) Order 1991 and shall come into force on 10th June 1991.
Forms of delaration of acceptance of office
2
The declaration of acceptance of office by the chairman, vice-chairman or a councillor of the council of a county or district in Walers may be in the form in Schedule I to this Order, or a form to the like effect, in place of the declaration of acceptance of office set out in the Schedule to the Local Elections (Principal Areas) (Declaration of Acceptance of Office) Order 1990 .
3
The declaration of acceptance of office by the chairman or a councillor of a community council may be in the form in Schedule II to this Order, or a form to the like effect, in place of the declaration of acceptance of office set out in the Local Elections (Parishes and Communities) (Declaration of Acceptance of Office) Order 1990 .
Revocation of Previous Forms of Declaration of Acceptance of Office
4
Article 3 of and Part II of the Schedule to the Local Elections (Principal Areas) (Welsh Forms) Order 1987 (form of declaration of office by chairman, vice-chairman or councillors of a county or district in Wales) is hereby revoked.
5
Article 3 of and Part II of the Schedule to the Local Elections (Communities) (Welsh Forms) Order 1987 (form of delaration of office by chairman, vice-chairman or councillors of a community council) is hereby revoked.
David Hunt
Secretary of State for Wales
1st May 1991


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service Training Authority and Disablement Services Authority Regulations 1991 and shall come into force on 1st April 1991.
2
In these Regulations:
“the old Authority” means the National Health Service Training Authority;
“the new Authority” means South Western Regional Health Authority .
Transfer of officers
2
Any officer employed by the Old Authority immediately before 1st April 1991 shall on that date be transferred to the employment of the new Authority and the contract of employment between such officer and the old Authority shall be modified so as to substitute the new Authority as the employer.
Revocation of National Health Service Training Authority Regulations
3
The National Health Service Training Authority Regulations 1983 , the National Health Service Training Authority Amendment Regulations 1986 and paragraph 5 of Schedule 3 to the Regional and District Health Authorities (Membership and Procedure) Regulations 1990 are hereby revoked.
Revocation of Disablement Services Authority Regulations
4
The Disablement Services Authority Regulations 1987 and paragraph 8 of Schedule 3 to the Regional and District Health Authorities (Membership and Procedure) Regulations 1990 are hereby revoked.
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 and commencement
1
1
This Order may be cited as the Bedfordshire, Buckinghamshire and Cambridgeshire (County Boundaries) Order 1991.
2
This Order shall come into force on 20th March 1991 for any purpose set out in regulation 4(1) (coming into operation of order) of the Local Government Area Changes Regulations 1976 .
3
For all other purposes this Order shall come into force on 1st April 1991.
Interpretation
2
In this Order “boundary map” means one of the 6 maps prepared by the Department of the Environment, marked “Maps of the Bedfordshire, Buckinghamshire and Cambridgeshire (County Boundaries) Order 1991”, duly numbered for reference and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976.
Transfers from Bedfordshire to Buckinghamshire
3
The area or areas of the county of Bedfordshire marked on a boundary map as shown in column 1 of the Schedule to this Order, and forming part of the district and parish specified in relation thereto in columns 2 and 3, respectively, shall be transferred to —
a
the county of Buckinghamshire;
b
the electoral division of that county, the district and the ward of that district and the parish and petty sessional division specified in relation to the area or areas in question in columns 4, 5, 6 and 7 respectively; and
c
the North Buckinghamshire Coroner’s district.
Transfers from Buckinghamshire to Bedfordshire
4
1
The part of the county of Buckinghamshire, the borough of Milton Keynes and the parish of North Crawley marked A6 on boundary map 2 shall be transferred to —
a
the county of Bedfordshire and the Cranfield and Marston electoral division of that county;
b
the district of Mid Bedfordshire and the Cranfield ward of that district;
c
the parish of Cranfield, and the Cranfield ward of that parish;
d
the Ampthill petty sessional division;
e
the Bedfordshire Coroner’s district.
2
The parts of the county of Buckinghamshire, the borough of Milton Keynes and the parish of Astwood marked A8 to A13 on boundary map 2 shall be transferred to —
a
the county of Bedfordshire and the Cranfield and Marston electoral division of that county;
b
the district of Mid Bedfordshire and the Cranfield ward of that district;
c
the parish of Cranfield and the Cranfield ward of that parish;
d
the Ampthill petty sessional division;
e
the Bedfordshire Coroner’s district.
3
The part of the county of Buckinghamshire, the borough of Milton Keynes and the parish of Wavendon marked A19 on boundary map 3 shall be transferred to —
a
the county of Bedfordshire and the Cranfield and Marston electoral division of that county;
b
the district of Mid Bedfordshire and the Cranfield ward of that district;
c
the parish of Hulcote and Salford;
d
the Ampthill petty sessional division;
e
the Bedfordshire Coroner’s district.
4
The part of the county of Buckinghamshire, the borough of Milton Keynes and the parish of Wavendon marked A21 on boundary map 3 shall be transferred to —
a
the county of Bedfordshire and the Aspley Guise electoral division of that county;
b
the district of Mid Befordshire and the Aspley ward of that district;
c
the parish of Aspley Guise;
d
the Leighton Buzzard petty sessional division;
e
the Bedfordshire Coroner’s district.
Transfers from Cambridgeshire to Bedfordshire
5
1
The part of the county of Cambridgeshire, the district of Huntingdonshire and the parish of Eynesbury Hardwicke marked A26 on boundary map 6 shall be transferred to —
a
the county of Bedfordshire and the North East Bedfordshire electoral division of that county;
b
the borough of North Bedfordshire and the Roxton ward of that borough;
c
the parish of Little Barford;
d
the Bedford petty sessional division;
e
the Bedfordshire Coroner’s district.
2
The part of the county of Cambridgeshire, the district of Huntingdonshire and the parish of St Neots marked A24 on boundary map 6 shall be transferred to —
a
the county of Bedfordshire and the North East Bedfordshire electoral division of that county;
b
the borough of North Bedfordshire and the Roxton ward of that borough;
c
the parish of Staploe;
d
the Bedford petty sessional division;
e
the Bedfordshire Coroner’s district.
Transfers from Bedfordshire to Cambridgeshire
6
The part of the county of Bedfordshire, the borough of North Bedfordshire and the parish of Roxton marked A25 on boundary map 6 shall be transferred to —
a
the county of Cambridgeshire and the Eaton electoral division of that county;
b
the district of Huntingdonshire and the Eaton Socon ward of that district;
c
the parish of St Neots;
d
the Toseland petty sessional division;
e
the Huntingdon Coroner’s district.
Transfers between parishes
7
1
The parts of the parish of North Crawley marked A14 to A17 on boundary map 2 shall be transferred to the parish of Astwood and Hardmead.
2
The part of the parish of Cold Brayfield marked A5 on boundary map 1 shall be transferred to the parish of Lavendon.
Town and country planning
8
Any provision of a development plan applying to an area transferred by this Order shall continue to apply thereto notwithstanding the transfer; and after such transfer, any such provision shall, so far as it so applies, be for all purposes deemed to be a provision of a corresponding plan of the authority which becomes the appropriate local planning authority for the transferred area as a result of the transfer.
Signed by authority of the Secretary of State for the Environment
B. Latch
Parliamentary Under Secretary of State,
Department of the Environment
19th February 1991


text:
1
This Order may be cited as the Public Telecommunication System Designation (Diamond Cable (Mansfield) Limited) Order 1991 and shall come into force on 22nd April 1991.
2
Each of the Applicable Cabled Systems is hereby designated as a public telecommunication system.
John Redwood
Minister of State,
Department of Tradeand Industry
20th March 1991


text:
1
The new highway which the Secretary of State proposes to construct along the route described in the Schedule to this Order shall become a trunk road as from the date when this Order comes into force.
2
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk road that —
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. That date will not he later than the date on which the relevant route is opened for the purpose of through traffic.
4
In this Order —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the deposited plan” means the plan numbered HA1O/EM62, marked “The A17 Trunk Road (Leadenham Bypass) 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;
ii
“the new trunk road” means the highway mentioned in article 1 of this Order; and
iii
“the trunk road” means the A17 Trunk Road.
5
This Order shall come into force on 4th April 1991 and may be cited as the A17 Trunk Road (Leadenham Bypass) Order 1991.
Signed by authority of the Secretary of State for Transport
D. J. Morrison
Regional Director, East Midlands Region,
Department of Transport
20th March 1991


text:
1
The length of the trunk road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road and shall be classified as a classified road as from the date on which the Secretary of State notifies the County Council of Norfolk that the new trunk road referred to in article 1 of the Leicester-Great Yarmouth Trunk Road (A47) (Narborough Bypass) Order 1990 is open for through traffic.
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 HA1O/2E/233 marked “The Leicester-Great Yarmouth Trunk Road (A47) (Narborough 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 SWIP 3PY; (iii) “the trunk road” means the Leicester-Great Yarmouth Trunk Road (A47).
3
This Order shall come into force on 26th March 1991 and may be cited as the Leicester-Great Yarmouth Trunk Road (A47) (Narborough Bypass) Detrunking Order 1991.
Signed by authority of the Secretary of State for Transport
P. F. Emms
Regional Director Eastern Region
Department of Transport
27th February 1991


text:
Citation and commencement
1
1
This Act of Adjournal may he cited as the Act of Adjournal (Consolidation Amendment No. 1) 1991 and shall come into force on 15th April 1991.
2
This Act of Adjournal shall be inserted in the Books of Adjournal.
Amendment of Act of Adjournal (Consolidation) 1988
2
1
The Act of Adjournal (Consolidation) 1988 shall be amended in accordance with the following sub-paragraphs.
2
After rule 68 (notice of special defence) insert the following rule: —
Computer Misuse Act 1990
Notice
68A
A notice under section 8(5) of the Computer Misuse Act 1990 shall be served not later than 14 clear days before the trial diet.
.
3
After rule 118 (appeal against reference to European Court) insert the following rule: —
Computer Misuse Act 1990
Notice
118A
A notice under section 8(5) of the Computer Misuse Act 1990 shall be served not later than 14 clear days before the trial diet.
.
4
In rule 149A(6) —
a
for the words “case which”, substitute the words “case and”; and
b
after the word “transmit”, insert the words “the case”.
5
In rule 149B(1) , for “(2), (4), (5) and (6)” substitute “(2) or (4)”.
6
In rule 156B(6) —
a
for the words “case which”, substitute the words “case and”; and
b
after the word “transmit” insert the words “the case”.
7
In rule 156C(1) , for “(2) and (4), (5) or (6)” substitute “(2) or (4)”.
J.A.D. Hope
Lord Justice General, IPD
Edinburgh
21st March 1991


text:
1
These Regulations may be cited as the Car Tax (Amendment) Regulations 1991 and shall come into force on 16th August 1991.
2
The Car Tax Regulations 1985 shall be amended as follows.
3
For the heading to Part VI there shall be substituted the heading “REMISSION AND REPAYMENT OF TAX”.
4
After regulation 23 there shall be inserted —
Registered persons and vehicles undergoing examination or tests
23A
1
Subject to the provisions of this regulation, the Commissioners may remit the tax on any vehicle or, if the tax has been paid, repay it, where —
a
a registered person —
i
makes the vehicle in the United Kingdom and appropriates it to his own use,
ii
imports the vehicle into the United Kingdom and registers it, or
iii
acquires the vehicle in the United Kingdom in an unused condition from another,
and, at the time he appropriates, registers or, as the case may be, acquires the vehicle he intends it to be used only by him or on his behalf and only to undergo examination or tests for the purpose of industrial or commercial research; and
b
such examination or tests do not constitute a sales promotion.
2
Where paragraph (1)(a)(iii) above applies, repayment of the tax shall not be made unless the registered person holds documentary evidence of the amount of tax paid.
3
Where the tax has been remitted or repaid under this regulation, it shall be a condition that the vehicle is —
a
identified in a record which relates only to vehicles in respect of which tax has been remitted or repaid under this regulation;
b
used only in accordance with the intention mentioned in paragraph (1)(a) above; and
c
either —
i
destroyed during the course or at the conclusion of the examination or tests, or
ii
returned to production or stock at the conclusion of the examination or tests.
Diana Seammen
Commissioner of Customs and Excise
New King’s Beam House,
22 Upper Ground,
London,
SE1 9PJ
26th July 1991


text:
Title and commencement
1
This Order may be cited as the Sea Fish Licensing (Variation) Order 1991 and shall come into force on 4th October 1991.
Variation of the Sea Fish Licensing Order 1989
2
The Sea Fish Licensing Order 1989 shall be varied —
a
by omitting article 4 thereof (retention on board of fish);
b
by omitting Schedule 3 thereto (areas of sea and descriptions of sea fish caught therein to which retention on board provisions apply).
Revocation
3
The Sea Fish Licensing (Variation) Order 1990 is hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 30th September 1991.
Derek Andrews
Permanent Secretary, Ministry of Agriculture, Fisheries and Food
Strathclyde
Parliamentary Under Secretary of State, Scottish Office
1st October 1991
David Hunt
Secretary of State for Wales
30th September 1991
Peter Brooke
Secretary of State for Northern Ireland
1st October 1991


text:
PART I
PRELIMINARY
Citation and commencement
1
These Regulations may be cited as the Valuation and Community Charge Tribunals (Amendment)(London) Regulations 1991 and shall come into force on 31st January 1991.
Interpretation
2
In these Regulations —
“London tribunal” means a valuation and community charge tribunal whose name is mentioned in column 1 of the Table in regulation 3;
“the principal Regulations” means the Valuation and Community Charge Tribunals Regulations 1989 ;
“the 1990 Regulations” means the Non-Domestic Rating (Alteration of Lists and Appeals) Regulations 1990 ;
“the operative day” means the day on which these Regulations come into force;
“the transfer day” means 18th February 1991; and
“transferred borough” means any of the following, namely, the London boroughs of Camden, Islington and Lambeth and the Royal Borough of Kensington and Chelsea.
PART II
ALTERATION OF AREAS
Alteration of areas
3
On and after the transfer day, the area for which is established each of the valuation and community charge tribunals whose name is mentioned in column 1 of the Table below shall be ascertained by column 2; and column 1 to the principle Regulations shall be amended accordingly.
Table
Column 1 Column 2 Name of tribunal Area of jurisdiction
Central London The City of London; the City of Westminster; the Inner Temple; the Middle Temple London North East The London boroughs of Barking and Dagenham, Hackney, Havering, Islington, Newham, Redbridge, Tower Hamlets and Waltham Forest London North West The London boroughs of Barnet, Brent, Camden, Ealing, Enfield, Haringey,, Harrow and Hillingdon London South East The London boroughs of Bexley, Bromley, Croydon, Greenwich, Lambeth and Southwark London South West The London boroughs of Hammersmith and Fulham, Hounslow, Merton, Richmond, Sutton and Wandsworth, and the Royal Boroughs of Kensington and Chelsea and Kingston upon Thames
Alteration of appointing bodies
4
Coloumn 3 of Schedule 1 to the principal Regulations, in so far as it applies to the Central London Valuation and Community Charge Tribunal, shall be amended on the transfer day by the substitution for the words “The councils of the boroughs comprised in the area” of the words “Westminster City Council”.
PART III
TRANSITIONAL PROVISIONS
Membership
5
1
Notwithstanding regulation 4(2) of the pricipal Regulations, each member appointed to the Central London Valuation and Community Charge Tribunal by the council of a transferred borough shall, on and after the transfer day, continue to hold office as a member of that Tribunal until that office terminates in accordance with regulation 6(2) of the principal Regulations.
2
On the termination of an office of a member to whom paragraph (1) applies, the vacancy arising shall be filled by a person appointed by the Common Council or by Westminster City Council.
3
Subject to regulation 8, each member of the London South West Valuation and Community Charge Tribunal (“the South West Tribunal”) appointed by the council of the London borough of Lambeth shall, on the transfer day —
a
cease to be a member of that Tribunal;
b
become a member of the London South East Valuation and Community Charge Tribunal (“the South East Tribunal”); and
c
hold office as a member of the South East Tribunal as if the unexpired period of his membership of the South West Tribunal specified under regulation 6(1) of the pricipal Regulations had been specified in relation to the South East Tribunal.
Presidents
6
1
Where on the operative day the president for the time being of a London tribunal is a person appointed as a member of that tribunal by the council of a transferred borough, that person shall cease to hold office as president at the end of the day immediately preceding the transfer day.
2
Paragraph (1) does not apply where the office of the president terminates before the transfer day in accordance with regulation 7(8) of the principal Regulations.
3
Where paragraph (1) applies, regulation 7 of the principal Regulations shall have effect as if —
a
the prescribed period were three months beginning on the operative day; and
b
where notice of election is given before the transfer day, persons who become members of the tribunal on the transfer day by virtue of these Regulations were entitled to receive notice of, and vote in, the election.
Transferred appeals
7
1
This regulation applies to any appeal to a London tribunal which —
a
was initiated before the transfer day, and
b
would, had it been initiated on or after the transfer day, have fallen by vitue of these Regulations to be disposed of by a different tribunal (the “new tribunal”);
and in relation to which —
c
if the appeal is such as may be of disposed of by written representations, there has not been given such written agreement as would enable it so to be disposed of; and
d
no notice of a hearing has been given.
2
An appeal to which this regulation applies shall be transferred to, and disposed of by, the new tribunal; and on and after the transfer day the relevant statutory provisions shall apply as if anything done in relation to the appeal by the clerk, the president or a chairman of the tribunal from which it is transferred had been done by the clerk, or as the case may be the president or a chairman of, the new tribunal.
3
In this regulation “the relevant statutory provisions” means —
a
in relation to appeals under section 23 of the Local Government Finance Act 1988, the principal Regulations;
b
in relation to appeals under Schedule 4A to that Act (completion notices) or under the 1990 Regulations, those Regulations;
c
in relation to appeals under the General Rate Act 1967 , that Act; and
d
in relation to appeals under the Mixed Hereditaments (Certificate) Regulations 1967 , those Regulations.
Non-transferred appeals
8
Any appeal which, on the transfer day, has begun to be disposed of by the London South West Valuation and Community Charge Tribunal (whether by way of commencement of consideration of written representations, or of commencement of a hearing) shall continue to be disposed of by that Tribunal notwithstanding that any member appointed to dispose of the appeal ceases by virtue of the preceding provisions of these Regulations to be a member of that tribunal on that day; and any such member shall continue to be a member of that Tribunal —
a
so far as is necessary for that purpose of disposing of that appeal; and
b
for the purpose of regulation 31 (review of decisions) of the principal Regulations or, as the case may be, regulation 44 of the 1990 Regulations, in respect of any review of the decision in relation to that appeal.
Signed by authority of the Secretary of State
Michael Portillo
Minister of State,
Department of the Environment
8th January 1991


text:
1
This Order may be cited as the Public Telecommunication System Designation (Heartland Cablevision II (UK) Limited) (Rugby) Order 1991 and shall come into force on 27th March 1991.
2
Each of the Applicable Cabled Systems is hereby designated as a public telecommunication system.
John Redwood
Minister of State,
Department of Tradeand Industry
20th February 1991


text:
Title and commencement
1
This Order may be cited as the Bovine Spongiform Encephalopathy Order 1991 and shall come into force on 6th November 1991.
Extension of definition of “disease”
2
For the purposes of the Act the definition of “disease” in section 88(1) of the Act is hereby extended so as to comprise bovine spongiform encephalopathy.
Extension of definitions of “animals” and “poultry”
3
For the purposes of the Act in its application to this Order —
a
the definition of “animals” in section 87(1) of the Act is hereby extended so as to comprise —
i
any kind of mammal except man, and
ii
any kind of four-footed beast which is not a mammal; and
b
the definition of “poultry” in section 87(4) of the Act is hereby extended so as to comprise birds of every species.
Interpretation
4
1
In this Order, unless the context otherwise requires —
“the Act” means the Animal Health Act 1981;
“affected animal” means a bovine animal which is affected with the disease;
“bovine animal” means a bull, cow, steer, heifer or calf;
“the disease” means bovine spongiform encephalopathy;
“the Divisional Veterinary Officer” means the veterinary inspector appointed for the time being by the Minister to receive information about affected or suspected animals, or the carcases of such animals, for the area in which such animals or carcases are;
“feedingstuff” includes pet food;
“intestines” means that part of the digestive tract of a bovine animal from the junction of the abomasum and the duodenum to (and including) the rectum;
“market” means a market, fairground, sale-yard or any other place where bovine animals are commonly exposed for sale;
“premises” includes land;
“protein” means any protein material which is derived from a carcase but does not include milk or any milk product or dicalcium bone phosphate;
“research establishment” means an establishment carrying out research into the disease;
“slaughterhouse” means —
in relation to England and Wales, a slaughterhouse or knacker’s yard as defined in section 34 of the Slaughterhouses Act 1974 , and
in relation to Scotland, a slaughterhouse as defined in section 22 of the Slaughter of Animals (Scotland) Act 1980 ;
“specified bovine offal” means the brain, spinal cord, spleen, thymus, tonsils and intestines of a bovine animal over six months of age which has died or has been slaughtered, as the case may be, in the United Kingdom;
“suspected animal” means a bovine animal which is suspected of being affected with the disease;
“veterinary surgeon” means a person registered in the register of veterinary surgeons or in the supplementary veterinary register.
2
Any reference in this Order —
a
to a numbered article, is a reference to the article bearing that number in this Order, and
b
to a lettered form, is a reference to the Form bearing that letter in the Schedule to this Order.
Notification of disease in bovine animals
5
1
A person who has in his possession or under his charge an affected or a suspected animal, or the carcase of such an animal, and any veterinary surgeon or other person who, in the course of his duties, examines or inspects any such animal or carcase shall, with all practicable speed, notify the fact to the Divisional Veterinary Officer.
2
A person who has in his possession or under his charge on any premises an affected or a suspected animal, or the carcase of such an animal, shall detain it on the premises until it has been examined by a veterinary inspector.
Veterinary enquiry as to existence of disease and requirements as respects affected or suspected animals
6
1
If a veterinary inspector has reasonable grounds for supposing that the disease exists or has within 56 days existed on any premises he shall, with all practicable speed, take such steps as may be necessary to establish the correctness of that supposition.
2
For the purposes of such an enquiry a veterinary inspector may —
a
examine any bovine animal or carcase on the premises;
b
make such tests and take such samples from any bovine animal or carcase on the premises as he may consider necessary for the purpose of diagnosis;
c
mark for identification purposes any bovine animal or carcase on the premises.
3
The occupier of the premises and his employees, and any person who is or has been in possession or charge of any animal or carcase which is or has been on the premises, shall —
a
provide such reasonable facilities and comply with such reasonable requirements as are necessary for the purposes of the enquiry; and
b
if so required by an inspector of the Minister or by an officer of the appropriate Minister, give such information as he possesses as to —
i
any animal or carcase which is or has been on the premises;
ii
any other animal or carcase with which any animal or carcase which is or has been on the premises may have come into contact, and
iii
the location and movement of any animal or carcase which is or has been in his possession or charge.
4
If, on completion of the enquiry, the veterinary inspector is of the opinion that there is an affected or a suspected animal, or the carcase of such an animal, on the premises he shall serve a notice in Form A on the owner or person in charge of that animal or carcase.
5
Subject to paragraph (6) below, a notice in Form A shall remain in force for a period of 28 days from the date specified in the notice unless —
a
renewed for a further period of 28 days beginning with the day on which it would otherwise have expired by a further notice in writing served by a veterinary inspector on the owner or person in charge of such animal or carcase before or on the day on which the notice in Form A was due to expire; or
b
the animal or carcase to which the notice in Form A relates has been removed from the premises under the authority of a licence issued by a veterinary inspector.
6
Any notice in Form A which has been renewed under paragraph (5)(a) above may be further renewed from time to time by a veterinary inspector in a similar manner and for a similar period.
7
A notice in Form A may at any time be withdrawn by a notice in Form B served by a veterinary inspector on the owner or person in charge of the animal or carcase to which the notice in Form A relates.
8
On the service of a notice in Form A the requirements contained in that notice shall have effect.
Restrictions on movement of other bovine animals
7
1
If a veterinary inspector has reasonable grounds for supposing that the movement of any bovine animal, other than an affected or suspected animal, from any premises may give rise to the risk of the spread of the disease he may, by notice in writing served on the owner or person in charge of the animal, prohibit the movement of the animal off the premises, except under the authority of a licence issued by an officer of the appropriate Minister and in accordance with any conditions subject to which the licence is issued.
2
A notice served under paragraph (1) above shall continue in force until withdrawn by a further notice in writing served by a veterinary inspector on the owner or person in charge of the animal to which that notice relates.
Cleansing and disinfection
8
1
A veterinary inspector may serve on the occupier of any premises on which there is or has within 56 days been an affected or a suspected animal, or the carcase of such an animal, a notice requiring him to cleanse and disinfect, at his own expense, and in such a manner and within such period as may be specified in the notice, —
a
all or any part of the premises;
b
any equipment or any other thing used in connection with any such animal or carcase.
2
If any person on whom a notice is served under paragraph (1) above fails to comply with the requirements of the notice, an inspector may, without prejudice to any proceedings arising out of such default, carry out or cause to be carried out the requirements of the notice, and the amount of any expenses reasonably incurred by the inspector in doing so shall be recoverable by the appropriate Minister or, as the case may be, by the local authority from the person in default.
Movement of protein material derived from specified bovine offal
9
No person shall remove from any premises any protein which is derived from any specified bovine offal, except under the authority of a licence issued by an officer of the appropriate Minister and in accordance with any conditions subject to which the licence is issued.
Application of section 32 of the Act to the disease and notice of intended slaughter
10
1
Section 32 of the Act, which enables the Minister to cause animals to be slaughtered on account of disease, shall apply to the disease.
2
Where the Minister proposes to cause an affected or a suspected animal to be slaughtered under the powers conferred on him by section 32 of the Act in its application to the disease a veterinary inspector shall serve a notice of intended slaughter in Form C on the owner or person in charge of the animal.
Seizure of carcases
11
1
For the purpose of preventing the spread of the disease an inspector may seize, destroy or dispose of any carcase.
2
For the purpose of determining the amount of compensation payable by the Minister under section 36(1)(b) of the Act for a carcase seized under paragraph (1) of this article (being, in accordance with section 36(3) of the Act, its value at the time of seizure) the value of such carcase shall be ascertained in a similar manner to that in which the value of an animal or bird slaughtered or liable to be slaughtered under the Act is to be ascertained under the Diseases of Animals (Ascertainment of Compensation) Order 1959 and as if the reference in that Order to an animal or bird included references to a carcase.
3
Compensation shall be paid by the Minister for carcases affected with the disease being carcases seized for the purpose of preventing the spread of the disease.
Prohibition of sale, supply and use of certain feedingstuffs for feeding to animals and poultry
12
1
Subject to paragraph (2) below, no person shall —
a
knowingly sell or supply for feeding to ruminant animals any feedingstuff in which he knows or has reason to suspect any protein which is derived from a ruminant animal has been incorporated;
b
feed to a ruminant animal any feedingstuff in which he knows or has reason to suspect that any protein which is derived from a ruminant animal has been incorporated;
c
knowingly sell or supply for feeding to animals or poultry any specified bovine offal or any feedingstuff which he knows or has reason to suspect contains specified bovine offal or protein which is derived from any specified bovine offal; or
d
feed to an animal or poultry any specified bovine offal or any feedingstuff which he knows or has reason to suspect contains specified bovine offal or protein whichis derived from any specified bovine offal.
2
The prohibitions in paragraph (1) above shall not apply to the feeding to an animal or poultry of any specified bovine offal or any feedingstuff for research purposes in a research establishment under the authority of a licence issued by a veterinary inspector of the Minister and in accordance with any conditions subject to which the licence is issued, or to the sale or supply to a research establishment for such purposes.
Prohibition of sale, supply and use of milk from affected or suspected animals
13
1
Subject to paragraph (2) below, no person shall knowingly —
a
sell or supply for human consumption or for feeding to an animal or poultry, or
b
use in the manufacture of any product for sale or supply for human consumption or for feeding to an animal or poultry, or
c
feed to an animal or poultry
any milk which he knows or has reason to suspect has been produced by an affected or a suspected animal.
2
The prohibitions in paragraph (1) above shall not apply —
a
to the feeding to its own calf of any milk produced by a cow; or
b
to the feeding to an animal or poultry of any milk for research purposes in a research establishment under the authority of a licence issued by a veterinary inspector of the Minister and in accordance with any conditions subject to which the licence is issued, or to the sale or supply to a research establishment for such purposes.
Regulation of exportation of specified bovine offal
14
1
Specified bovine offal or protein derived from any specified bovine offal is prohibited to be exported from Great Britain to a member State except under the authority of a licence issued by the Minister and in accordance with the conditions, if any, of the licence.
2
Such a licence may be general or specific.
3
A general licence shall be issued by its publication in such manner as the Minister thinks sufficient to bring it to the attention of persons likely to be affected by it.
4
The Minister may vary, revoke or suspend a licence —
a
if it is a general licence, by a notice published, so far as practicable, in the same manner as the licence;
b
if it is a specific licence, by a notice in writing served on the person to whom the licence was issued.
5
Any person wishing to obtain a licence shall apply to the Minister in such form and manner and within such time as the Minister may require.
Sampling
15
Where an inspector of the Minister has reasonable grounds for supposing that the provisions of articles 9, 12 and 14 have not been or are not being complied with he may take from any protein, offal or feedingstuff such samples as he considers necessary in order to establish the correctness of that supposition.
Production of licences
16
1
Where an animal, carcase or any protein is being moved under the authority of a licence issued under this Order the person in charge of the animal, carcase or protein being so moved shall carry the licence during the authorised movement and shall, on demand made by an inspector or by a member of a police force, produce the licence and allow a copy or extract to be taken, and shall also, on such demand, furnish his nameand address.
2
A licence issued under article 14 above shall, on demand, be produced by the person in charge of the specified bovine offal or the protein derived from specified bovine offal to which the licence relates to an officer of the Customs and Excise or an inspector of the Ministry, who may take a copy or extract from it.
Offences
17
Any person who, without lawful authority or excuse, proof of which shall lie on him —
a
defaces, obliterates or removes any mark applied to any bovine animal or carcase under article 6(2)(c),
b
contravenes article 5(1), 5(2), 6(3), 9, 12(1), 13(1), 14(1), 16(1) or 16(2),
c
fails to comply with any notice served under article 6(4), 7(1) or 8(1),
d
fails to comply with any condition of a licence issued under article 6(5)(b), 7(1), 9, 12(2), 13(2)(b) or 14(1), or
e
knowingly causes or permits any such contravention or non-compliance,
commits an offence against the Act.
Local authority to enforce Order
18
The provisions of this Order shall, except where otherwise provided, be executed and enforced by the local authority.
Revocation
19
The Bovine Spongiform Encephalopathy ( No. 2) Order 1988 and the Bovine Spongiform Encephalopathy (No. 2) Amendment Order 1990 are hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
Trumpington
Minister of State, Ministry of Agriculture, Fisheries and Food
26th September 1991.
Strathclyde
Parliamentary Under Secretary of State Scottish Office
1st October 1991
David Hunt
Secretary of State for Wales
27th September 1991


text:
1
This Order may be cited as the Dangerous Dogs (Designated Types) Order 1991 and shall come into force on 12th August 1991.
2
There are hereby designated for the purposes of section 1 of the Dangerous Dogs Act 1991 dogs of the following types, being types appearing to be bred for fighting or to have the characteristics of types bred for that purpose, namely:
a
any dog of the type known as the Dogo Argentino; and
b
any dog of the type known as the Fila Braziliero.
Kenneth Baker
One of her Majesty’s Principal Secretaries of State
Home Office
25th July 1991


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Lloyd’s Underwriters (Tax)(1988–89) Regulations 1991 and shall come into force on 19thApril 1991 but shall have effect for the year of assessment1988–89 only.
2
Except for regulations 2, 3, 7 and 21(1) to (3), the Lloyd'sUnderwriters (Tax) Regulations 1974 shall not have effect for the year of assessment1988–89.
Interpretation
2
1
In these Regulations unless the context otherwise requires —
“Board” means the Commissioners of Inland Revenue;
“inspector” includes any officer of the Board;
“managing agent” and
“members' agent” have the meanings that they have in Schedule 19A;
“member” means an underwriting member of Lloyd's;
“Schedule 19A” means Schedule 19A to the Income and Corporation Taxes Act 1988;
“section 142A” means section 142A of the Capital Gains Tax Act 1979;
“section 450” means section 450 of the Income and Corporation Taxes Act 1988 ;
“syndicate gains” means the chargeable gains accruing to a member on the disposal ofassets forming part of a premiums trust fund;
“syndicate investment income” means the profits or gains arising to a member from assets formingpart of a premiums trust fund;
“the Taxes Acts ” means the Taxes Management Act 1970 and —
the Tax Acts, and
the Capital Gains Tax Act 1979 and all other enactments relating tocapital gains tax.
2
For the purposes of construing any reference in these Regulations tothe year of assessment which corresponds to an underwriting year or tothe underwriting year which corresponds to a year of assessment, anunderwriting year and a year of assessment correspond to each other ifthe underwriting year ends in the year of assessment.
Assessment and collection: general
3
1
Subject to paragraph (2) and regulations 4 to 7, the like provisionsas are contained in the Taxes Acts relating to the assessment andcollection of tax shall have effect in relation to tax charged inaccordance with section 142A or section 450 as they have effect byvirtue of regulation 9.
2
The like provisions as are specified in the first column of Schedule1 to these Regulations shall have effect in relation thereto as if themodifications specified in the second column had been made.
Date for payment
4
1
Subject to paragraph (2) —
a
tax charged by an assessment on —
i
the profits or gains arising to a member from his underwritingbusiness, and
ii
syndicate investment income,
shall be payable on or before 1st July 1992, and
b
tax charged by an assessment on syndicate gains shall be payable onor before 1st January 1992.
2
Tax charged by an assessment made less than 30 days before, orafter, the date specified in sub-paragraph (a) or (b) of paragraph (1)shall be payable at the expiration of a period of 30 days beginning withthe date of the issue of the notice of assessment.
Reasonable excuse
5
1
For the purposes of Schedule 19A, a managing agent shall be deemednot to have failed —
a
to deliver a return of a syndicate profit or loss within the timespecified in paragraph 2(2) of that Schedule , or
b
to deliver a return apportioning a syndicate profit or loss withinthe period referred to in paragraph 7(3) of that Schedule ,
if he delivered it within such further time, if any, asthe inspector may have allowed.
2
For the purposes of paragraph 2B of Schedule 19A a members' agent shall be deemed not to have failed todeliver a return of the member’s profit within the time specified insub-paragraph (3) of that paragraph if he delivered it within suchfurther time, if any, as the inspector may have allowed.
3
Where a managing agent or a members' agent had a reasonable excusefor not delivering such a return as is mentioned in paragraph (1) or (2)he shall be deemed not to have failed to deliver it unless the excusehad ceased and, after the excuse ceased, not to have failed to deliverit if he did so without unreasonable delay after the excuse had ceased.
Determinations and notices of determinations
6
The like provisions as are contained in section 113(1B) and (3) of the Taxes Management Act 1970 shall apply toa determination or a notice of a determination under Schedule 19A as ifthe determination were an assessment and the notice of the determinationwere a notice of an assessment.
Error or mistake
7
1
If a members' agent alleges that a statement of the amount of taxpayable in the case of a member’s profit under paragraph 2B(1)(c) ofSchedule 19A was excessive because of some error or mistake in a returnmade by him under paragraph 2B(1) of that Schedule, he may by notice inwriting at any time not later than six years after the end of the yearof assessment 1990–91 make a claim to the Board for relief.
2
On receiving the claim the Board shall inquire into the matter andhaving regard to all the relevant circumstance of the case, but subjectto paragraph (3), give by way of repayment or otherwise such relief inrespect of the error or mistake as is reasonable and just.
3
No relief shall be given under this regulation in respect of anerror or mistake as to the basis on which a syndicate profit or loss, oras the case may be a member’s profit, ought to have been computed wherethe return was in fact made on the basis or in accordance with thepractice generally prevailing at the time when the return was made.
4
An appeal may be brought against the decision of the Board on theclaim, by giving written notice to the Board within 30 days of receiptof written notice of that decision and the Special Commissioners shallhear and determine the appeal in accordance with the principles to befollowed by the Board in determining claims under this regulation; andeither the appellant or the Board shall be entitled to require a case tobe stated under the like provisions as are contained in section 56 ofthe Taxes Management Act 1970 but only on a point of law arising in connection withthe computation of the amount of tax payable in the case of the member'sprofit.
5
In this regulation“return” includes the documents referred to in paragraph 2B(1)(a) and (b) ofSchedule 19A.
Managing agents and members' agents
8
1
For the purposes of Schedule 19A and of these Regulations, if theperson who is acting as a managing agent or a members' agent in respectof the underwriting year corresponding to the year of assessment1988–89 is different from the person who was so acting at the endof that underwriting year (in this regulation referred to as“the original agent”), then“managing agent” and“members' agent” have the meanings given to them by sub-paragraph (a) or, as thecase may be, sub-paragraph (b) of paragraph (2).
2
If the original agent ceases to act —
a
before the beginning of the year of assessment 1991–92, then“managing agent” and“members' agent” mean —
i
the person who is so acting at the beginning of that year ofassessment, or
ii
if that person ceases so to act, such person as the Board maydetermine having regard to all the circumstances;
b
after the end of the year of assessment 1990–91, then“managing agent” and“members' agent” mean such person as the Board may determine having regard to allthe circumstances.
Extension of time limits — member and spouse
9
Where a claim or election or application falls to be made by amember or his spouse (or both) under a provision specified in the firstcolumn of Schedule 2 to these Regulations that provision shall haveeffect as if it imposed the extended time limit specified in the secondcolumn.
T. J. Painter
L. J. H. Beighton
Two of the Commissioners of Inland Revenue
28th March 1991


text:
1
1
This Order may be cited as the Returning Officers (Parliamentary Constituencies) (England and Wales) (Amendment) Order 1991.
2
Subject to paragraph (3) below, this Order shall come into force on 15th February 1991.
3
Article 3 below shall come into force on the issue of a proclamation by Her Majesty summoning a new Parliament, except that for the purposes of prceedings prelimenary or relating to a parliamentary election held after the issue of that proclamation, it shall come into force on 15th February 1991.
2
Paragraph (3) of article 1 of the Returning Officers (Parliamentary Constituencies) (England and Wales) Order 1983 (meaning of constituencies) shall be omitted.
3
In Part I of Schedule 3 to the Returning Officers (Parliamentary Constituencies) (England and Wales) Order 1983 (acting returning officers for county constituencies in England) the entry in respect of “Milton Keynes” shall be omitted and after the entry in respect of “North East Derbyshire” there shall be inserted in column 1 of that Part the words “North East Milton Keynes” and in column 2 the words “Milton Keynes”.
Kenneth Baker
One of Her Majesty’s Principal Secretaries of State
Home Office
31st January 1991


text:
Citation, interpretation and commencement
1
1
These Regulations, which may be cited as the Child Benefit and Social Security (Fixing and Adjustment of Rates) Amendment Regulations 1991, shall come into force on 8th April 1991, immediately after the coming into force of article 8 of the Social Security Benefits Up-rating Order 1991 .
2
In these Regulations “the principal Regulations ” means the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976 .
Amendment of regulation 2 of the principal Regulations
2
In regulation 2 of the principal Regulations (weekly rates of child benefit) —
a
in paragraph (1), for the words “shall be £7.25.” there shall be substituted the words
shall be —
subject to paragraphs (2ZA) and (2ZB) of this regulation, in a case where in any week that child is the only child, or if not the only child, the elder or eldest child in respect of whom child benefit is payable to a person, £8.25; and
in any other case, £7.25.
;
b
after paragraph (2) there shall be inserted the following paragraphs —
2ZA
Where in any week —
a
a person —
i
is residing with his spouse; or
ii
is living with any other person as his spouse; or
iii
is a member of a polygamous marriage and is residing with other members of that marriage; and
b
child benefit would, but for this paragraph, be payable to that person in respect of a child at the weekly rate specified in paragraph (1)(a) of this regulation; and
c
child benefit would, but for this paragraph, be payable at that rate to his spouse or that other person or any other members of that polygamous marriage, as the case may be, in respect of another child,
the rate specified in paragraph (1)(a) of this regulation shall be payable in that week in respect of one only of the children mentioned in sub-paragraphs (b) and (c) of this paragraph, being the elder, or if there are more than two children, the eldest of those children.
2ZB
Child benefit shall not be payable at the rate specified in paragraph (1)(a) of this regulation where the person to whom child benefit is payable is a voluntary organisation.
;
c
after paragraph (5) there shall be inserted the following paragraph —
6
For the purposes of paragraph (2ZA) of this regulation a person is a member of a polygamous marriage if —
a
during the subsistence of the marriage any party to it is married to more than one person; and
b
the ceremony of marriage took place under the law of a country which permits polygamy.
.
Signed by authority of the Secretary of State for Social Security.
Michael Jack
Parliamentry Under-Secretary of State,
Department of Social Security
4th March 1991
We consent,
Sydney Chapman
Irvine Putnick
Two of the Lords Commissioners of' Her Majesty’s Treasury
5th March 1991


text:
1
This Order may be cited as the A13 Trunk Road (Ripple Road, Barking and Dagenham) (Prescribed Routes) Order 1991, and shall come into force on 1st October 1991.
2
In this Order: —
“central reservation” means that part of Ripple Road which separates its two carriageways for the safety and guidance of vehicles using that road;
“Ripple Road” means that length of the A13 Trunk Road in the London Borough of Barking and Dagenham known as Ripple Road;
“Morrison Road” means the road of that name in the London Borough of Barking and Dagenham;
“eastern traffic island” means the island site in the westbound carriageway of Ripple Road which extends to the junction from a point 25 metres east of the junction;
“western traffic island” means the island site in the eastbound carriageway of Ripple Road which extends to the junction from a point 25 metres west of the junction;
“the junction” means the junction of Ripple Road with Morrison Road and the Sports Centre access road; and
“the Sports Centre access road” means the new road construction to the north side of Ripple Road, opposite Morrison Road.
3
Paragraph 2 of article 3 of the A13 Trunk Road (Ripple Road, Barking and Dagenham) (Prohibition of Use of Gaps in Central Reservation) Order 1987 is hereby revoked.
4
Any person causing or permitting a vehicle to pass to the right of the eastern traffic island shall cause that vehicle to turn right into the Sports Centre access road.
5
Any person causing or permitting a vehicle to pass to the right of the western traffic island —
a
shall cause the vehicle to turn right into Morrison Road; or
b
is permitted to cause the vehicle to make a U-turn at the junction in order to proceed in Ripple Road in the opposite direction.
6
Save as provided in articles 4 and 5 of this Order, no person shall cause or permit any vehicle proceeding in Ripple Road to make a right turn or to make a U-turn at the junction.
7
Nothing in this Order shall apply:
a
to anything done with the permission or at the direction of a constable in uniform or of a traffic warden;
b
to a vehicle being used for police, ambulance, or fire brigade purposes; or
c
to a vehicle being used by the London Borough of Barking and Dagenham in pursuance of its statutory powers and duties.
Signed by authority of the Secretary of State for Transport
J.C. Miles
Director (Network Management) London Regional Office of the
Department of Transport
26th September 1991


text:
Citation and commencement
1
This Order may be cited as the Financial Services Act 1986(Delegation) (No. 2) Order 1991 and shall come into force on the dayafter the day on which it is made.
Interpretation
2
In this Order —
“ the Act ” means the Financial Services Act 1986; and
“designated agency” means the body known as The Securities and Investments Board.
Transfer of functions
3
The functions of the Secretary of State mentioned in article 3(3)(a)of the Financial Services Act 1986 (Delegation) (No. 2) Order 1988 are transferred to the designated agency insofar asthose functions confer the power to make regulations under section 81 ofthe Act with respect to the matters specified in the said article3(3)(a) in relation to schemes belonging to any category specified inregulation 2.07 of the copy of the regulations furnished by thedesignated agency to the Secretary of State under section 114(9) of theAct as being the regulations which the designated agency proposes tomake in exercise of the functions transferred to it by this Order.
John Redwood
Minister of State,
Department of Trade and Industry
23rd May 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Harrogate Health Care 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 Harrogate Health Care 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 Harrogate Health Care 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 —
a
to own and manage hospital accommodation and services provided at Harrogate District Hospital, Lancaster Park Road, Harrogate HG2 7SX and associated hospitals;
b
to manage community health services provided from Ebor Rise, Cornwall Road, Harrogate, HG1 2PU 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 Harrogate 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 Harrogate 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 Harrogate 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:
1
These Regulations may be cited as the Fire Services (Appointments and Promotion) (Amendment) Regulations 1991 and shall come into force on 1st April 1991.
2
The Fire Services (Appointments and Promotion) Regualtions 1978 shall be amended as follows:
a
for the word “fireman”, wherever it occurs, there shall be substituted the word “firefighter”
b
in regulation 2 paragraph (3) shall be omitted;
c
in regulation 5(3)(b)(i) for the word “impracticable” there shall be substituted the word “impractical”;
d
in regulation 6 —
i
in paragraph (2) for the wordsd “service and shall” there shall be substituted the words “service, shall” and after the words “Schedule 1” there shall be inserted the words “, and shall have obtained a certificate in first aid in the period of three years immediately preceding entry for the examination in Part II of Schedule 1 which he has passed”;
ii
for paragraph (6) there shall be substituted the following provisions —
6
1
A member of a brigade shall not be eligible to enter for any of the examinations specified in Part 1 of Schedules 1 or 2, or in Schedule 3, as the case may be, if
a
i
in the immediately preceding year, he entered for the examination in question but failed to attend the sitting of all the papers for which he entered in that examination and
ii
he has not satisfied the Fire Services Examinations Board that he had a reasonable excuse for such failure, or
b
in the two successive immediately preceding years he has failed the examination in question and has, on each occasion, obtained less than 25% of the total marks available in that examination.
2
Any excuse submitted for the purposes of sub-paragraph (a) above must be notified to the Fire Services Examinations Board within 21 days of the date of the sitting of the final paper in the examination to which it relates,
;
iii
in paragraph (7)(a) after the words“Part I of that Schedule” there shall be inserted the words “and has, in the period of three years immediately preceedinbg entry for the first-mentioned examination, obtained a certificate in first aid”;
d
in regulation 9(2) for the word“Training” there shall be mentioned the word “Management”, and
e
in Schedule 1, paragraph (c) pf Part II shall be omitted.
Kenneth Baker
One of Her Majesty’s Principal Secretaries of State
Home Office
27th February 1991


text:
Citation, commencement and extent
1
These Regulations, which extend to Great Britain, may be cited as the Bank Accounts Directive (Miscellaneous Banks) Regulations 1991 and shall come into force on the day after the day on which they are made.
Interpretation
2
In these Regulations–
“the 1985 Act ” means the Companies Act 1985 ;
“accounts” means the annual accounts, the directors' report and the auditors' report required by Regulation 4(1);
“director” includes, in the case of a body which is not a company, any corresponding officer of that body;
“enactment” includes any subordinate legislation within the meaning of section 21(1) of the Interpretation Act 1978 , other than these Regulations;
“financial year”, in relation to a body to which these Regulations apply, means any period in respect of which a profit and loss account of the undertaking is required to be made up by its constitution or by any enactment (whether that period is a year or not) or, failing any such requirement, a period of 12 months beginning on 1st April; and other expressions shall have the meanings ascribed to them by the 1985 Act.
Scope of application
3
These Regulations apply to any body of persons, whether incorporated or unincorporated, which:–
a
is incorporated or formed by or established under any public general Act of Parliament passed before the year 1837;
b
has a principal place of business within Great Britain;
c
is an authorised institution within the meaning of the Banking Act 1987 ; and
d
is not required by any enactment to prepare accounts under Part VII of the 1985 Act.
Preparation of accounts
4
1
The directors of a body of persons to which these Regulations apply shall in respect of each financial year of the body prepare such annual accounts and directors' report, and cause to be prepared such auditors' report, as would be required under Part VII of the 1985 Act if the body were a banking company formed and registered under that Act, subject to the provisions of the Schedule to these Regulations.
2
The accounts required by paragraph (1) shall be prepared within a period of 7 months beginning immediately after the end of the body’s financial year.
Publication of accounts
5
1
A body of persons to which these Regulations apply shall make available the latest accounts prepared under Regulation 4 for inspection by any person, without charge and during business hours, at the body’s principal place of business within Great Britain.
2
The body shall supply to any person upon request a copy of those accounts (or such part of those accounts as may be requested) at a price not exceeding the administrative cost of making the copy.
3
Paragraph (2) applies whether the request for a copy is made orally during inspection under paragraph (1) above, by post or otherwise.
4
The annual accounts prepared under Regulation 4 shall be the body’s accounts for the purposes of section 45 of the Banking Act 1987 (Audited accounts to be open to inspection) and the auditors' report prepared under that Regulation shall be the auditors' report on the accounts or report of the auditors for the purposes of that section.
Penalties for non-compliance
6
1
If the directors of a body of persons to which these Regulations apply fail to prepare, or (in the case of the auditors' report) fail to cause to be prepared, the accounts required by Regulation 4(1) within the period referred to in Regulation 4(2), every person who, immediately before the end of the period referred to in Regulation 4(2), was a director of the body is guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum.
2
If any annual accounts or a directors' report are made available for inspection under Regulation 5 which do not comply with the requirements of Regulation 4(1) as to the matters to be included therein, every person who, at the time the annual accounts or report were first made available for inspection, was a director of the body is guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum.
3
In proceedings against a person for an offence under this Regulation, it is a defence for him to prove that he took all reasonable steps for securing compliance with the requirements in question.
7
1
If a body of persons to which these Regulations apply fails to comply with Regulation 5 it is guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum.
2
Sections 733(2) and (3) and 734(1) to (4) and (6) of the 1985 Act shall apply to an offence under paragraph (1) as they do to an offence under section 394A(1) of that Act.
Transitional provisions
8
1
The directors of a body of persons to which these Regulations apply need not prepare accounts in accordance with Regulation 4 with respect to a financial year of the body commencing on a date prior to 23rd December 1992.
2
Where advantage is taken of paragraph (1), Regulation 5 shall not apply.
John Redwood
Minister of State for Corporate Affairs,
Department of Tradeand Industry.
1st December 1991


text:
Citation and commencement
1
This Order may be cited as the Personal Community Charge (Hospital Patients) Order 1991 and shall come into force on 16th April 1991.
Definition of hospital
2
For the definition of hospital currently effective for the purposes of paragraph 8 (hospital patients) of Schedule 1 to the Local Government Finance Act 1988 there is substituted the following definition–
“Hospital” means–
a health service hospital within the meaning of the National Health Service Act 1977; and
a military, air-force or naval unit or establishment in England and Wales at or in which medical or surgical treatment is provided for persons subject–
by virtue of section 205 of the Army Act 1955, to military law;
by virtue of section 205 of the Air Force Act 1955, to air-force law; or
by virtue of section 111 of the Naval Discipline Act 1957, to that Act.
Michael Heseltine
Secretary of State for the Environment
14th March 1991
David Hunt
Secretary of State for Wales
18th March 1991


text:
Citation and commencement
1
These Regulations may be cited as the Bathing Waters (Classification) Regulations 1991 and shall come into force on 9th August 1991.
Classification of waters
2
–
1
A system employing the classification BW1 is prescribed as a system of classification applying to relevant territorial waters, coastal waters and inland waters which are bathing waters.
2
For the purposes of paragraph (1) above “bathing waters” are waters which are bathing water within the meaning of Article 1.2 of Council Directive 76/160/ EEC and other waters which are used for bathing.
3
Schedules 1, 2 and 3 (which specify criteria for classification BW1, impose sampling requirements and set out quality standards) shall have effect.
Modification of section 105 of the Water Act 1989
3
Section 105 of the Water Act 1989 shall have effect as if –
a
it imposed a duty on the Secretary of State to exercise his powers under that section to apply the classification BW1 to relevant territorial waters, coastal waters and inland waters which are bathing water within the meaning of Article 1.2 of Council Directive 76/160/EEC ; and
b
in relation to the establishment of water quality objectives in pursuance of that duty, subsections (4) and (5) of that section were omitted.
Michael Heseltine
Secretary of State for the Environment
9th July 1991
David Hunt
Secretary of State for Wales
11th July 1991