text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Contributions) Amendment (No. 3) Regulations 1990, and shall come into force on 27th September 1990.
2
In these Regulations, “the principal Regulations ” means the Social Security (Contributions) Regulations 1979 .
Insertion of regulation 26A in the principal Regulations
2
After regulation 26 of the principal Regulations there shall be inserted the following regulation:
Return of Class 2 contributions paid by low earners
26A
1
A self-employed earner who desires repayment of Class 2 contribu-tions in respect of a period which commenced not earlier than 6th April 1988 and which consists of, or falls within, a year for which his earnings from employment as a self-employed earner were, or were such as to be treated by regulation 25 of these Regulations as being, less than the amount specified in section 7(5) of the Act (exception from liability for Class 2 contributions on account of small earnings) for that year shall make an application in writing for that purpose to the Secretary of State and shall supply to him evidence as to his earnings in respect of the period for which repayment of Class 2 contributions is desired.
2
Subject to paragraph (3) of this regulation, any such application in respect of a year or a period falling within a year shall be made not earlier than the 6th April and not later than the 31st December immediately following the end of that year.
3
An application in respect of the year 1988/89 or the year 1989/90 or periods falling within those years shall be made on or before 30th June 1991.
4
Where an application has been made under this regulation the Secretary of State shall, if he is satisfied that the applicant’s earnings were, or were such as to be treated by regulation 25 of these Regulations as being, less than the amount specified in section 7(5) of the Act, make a repayment, subject to the provisions of paragraph (6) of this regulation, of the Class 2 contributions which fall to be repaid.
5
Where the Secretary of State makes any such repayment of Class 2 contributions the applicant shall be excepted from liability for the contributions repaid to him to the extent that he is not already excepted under regulation 24 of these Regulations and the Secretary of State shall issue a certificate to him which shall certify the period of exception from liability.
6
Where there has been paid to the applicant or any other person an amount by way of any of the contributory benefits specified in section 12(1) of the Act which would not have been paid had any of the contributions whose repayment has been applied for under paragraphs (1) to (3) of this regulation not been paid in the first instance, the Secretary of State shall repay that part of the contributions remaining after the deduction of that amount paid by way of such benefits.
.
Signed by authority of the Secretary of State for Social Security.
Henley
Parliamentary Under-Secretary of State,
Department of Social Security
29th August 1990


type: legislation

jurisdiction: UK

text:
Citation and interpretation
1
1
This Order may be cited as the National Health Service and Community Care Act 1990 (Commencement No. 1) Order 1990.
2
In this Order —
a
“ the Act ” means the National Health Service and Community Care Act 1990, and
b
“the 1977 Act ” means the National Health Service Act 1977 .
Days Appointed
2
1
5th July 1990 is the day appointed for the coming into force of each provision of the Act specified in column 1 of Schedule 1 to this Order.
2
25th July 1990 is the day appointed for the coming into force of subsections (4)(a) and (5) of section 1 of the Act (members of Health Authorities to cease to be members) so far as those subsections have effect for the purposes of Regional Health Authorities.
3
26th July 1990 is the day appointed for the coming into force of —
a
section 1(1)(a) (Regional and District Health Authorities) and section 59(1) (Parliamentary disqualification) of the Act as they have effect in relation to Regional Health Authorities,
b
paragraph 1 of Schedule 1 to the Act and section 1(2) of the Act so far as it relates to that paragraph and to paragraph 1 of Schedule 5 to the 1977 Act, and
c
paragraphs 6, 8 and 9 of Schedule 1 to the Act and paragraphs 7 and 10 of that Schedule so far as they have effect for the purposes of Regional Health Authorities and section 1(3) of the Act so far as it relates to each of those paragraphs.
4
16th September 1990 is the day appointed for the coming into force of —
a
section 1(4)(a) and (5) of the Act so far as not previously in force,
b
section 1(4)(b) of the Act (members of certain special health authorities to cease to be members), and
c
section 2(5) of the Act (members of Family Practitioner Committees to cease to be members).
5
17th September 1990 is the day appointed —
a
for the coming into force of each provision of the Act specified in column 1 of Schedule 2 to this Order, and
b
for the coming into force of sections 1, 2 and 59(1) of and Schedule 1 to the Act so far as not previously in force.
6
1st October 1990 is the day appointed for the coming into force of —
a
section 20 of the Act (extension of functions etc. of Audit Commission to cover the health service) so far as not previously in force,
b
Schedule 4 to the Act (amendments of Part III of the Local Government Finance Act 1982 ), so far as not previously in force, and
c
section 66(2) of and Schedule 10 to the Act (repeals) so far as they relate to section 98(1)(b) and (3) of the 1977 Act and the Local Government and Housing Act 1989 .
7
1st January 1991 is the day appointed for the coming into force of —
a
Section 12(4) of the Act (recognition by Secretary of State of certain local committees),
b
section 22 of the Act (the Medical Practices Committee),
c
section 23 of the Act (distribution of general medical services), and
d
section 66(2) of and Schedule 10 to the Act so far as they relate to section 33(7) of the 1977 Act.
8
1st April 1991 is the day appointed for the coming into force of each provision of the Act specified in column 1 of Schedule 3 to this Order and of section 26 of the Act (interpretation of Part I) so far as not previously in force.
Transitional provision
3
1
Where —
a
prior to 17th September 1990, any application or question has, pursuant to regulations made under paragraph (d) or (e) of section 42(3) of the 1977 Act as then in force, been referred for determination by the body prescribed under that paragraph (d); and
b
that application or question has not been determined by that body before that date,
those paragraphs shall, in relation to the determination of that application or question after that date, have effect as if section 12(3) of the Act had not come into force.
2
Where, prior to 1st January 1991 the Medical Practices Committee has refused an application under section 30 of the 1977 Act or has granted an application subject to conditions excluding the provision of general medical services by the applicant in a part or parts of the Family Health Services Authority’s locality, sections 33(5), (7) and (8) and 34 of the 1977 Act shall, in relation to that refusal or grant, have effect as if section 23(4) to (7) of the Act had not come into force.
K. Clarke
One of Her Majesty’s Principal Secretaries of State
2nd July 1990


text:
Title and commencement
1
This Scheme may be cited as the Fishing Vessels (Acquisition and Improvement) (Grants) (Amendment) Scheme 1990 and shall come into force on 2nd April 1990.
Saving
2
This Scheme shall not apply in relation to any application for a grant received by the Ministers before 2nd April 1990; and this Scheme shall not affect the operation of the Fishing Vessels (Acquisition and Improvement) (Grants) Scheme 1987 (hereinafter called “the principal Scheme”) in relation to any such application.
Amendment of the principal Scheme
3
The principal Scheme shall be amended in accordance with paragraphs 4 to 11 below.
4
In paragraph 2(1) thereof (interpretation) —
a
there shall be substituted for the definition of “the control period” the following definition —
“the control period” means —
in the case of a grant under paragraph 3(1)(a)(i) of this Scheme, a period of 10 years commencing with the date on which the vessel was first registered in the United Kingdom;
in the case of a grant under paragraph 3(1)(a)(ii) of this Scheme, a period of 5 years commencing with the date on which the improvement was completed to the satisfaction of the Ministers;
in the case of a grant under paragraph 3(1)(b) of this Scheme, a period of 3 years commencing with the date on which the improvement was completed to the satisfaction of the Ministers;
;
b
there shall be inserted after that definition the following definition —
“the Council Regulation” means Council Regulation ( EEC ) No. 4028/86 on Community measures to improve and adapt structures in the fisheries and aquaculture sector ;
;
c
there shall be substituted for the definition of “improvement” the following definition —
“improvement”, in relation to a vessel, means the acquisition, installation, modification, renewal or replacement of any part of the vessel, or of an engine or any part of an engine of or for the vessel, or of any relevant equipment required for, or installed or used on, the vessel;
.
5
For paragraph 3 thereof (application for grant) there shall be substituted the following paragraph —
3
1
Any person engaged or proposing to be engaged in the sea fish industry by carrying on the business of owning and operating one or more vessels registered in the United Kingdom for the purpose of catching or processing sea fish may apply to the Ministers for a grant in respect of —
a
expenditure incurred or to be incurred, subject to sub-paragraph (2) below —
i
in the acquisition or construction of a new vessel, registered or intended to be registered in the United Kingdom, to be engaged in the catching or processing of sea fish, including equipment required for the operation of the vessel which is sold with the vessel; or
ii
in making an improvement to a vessel registered in the United Kingdom, engaged in the catching or processing of sea fish; or
b
expenditure incurred, subject to sub-paragraph (3) below, in making an improvement to a vessel registered in the United Kingdom, engaged in the catching or processing of sea fish, where the improvement relates only to equipment required for, or installed or used on, such a vessel to comply with the provisions of the Fishing Vessels (Safety Provisions) Rules 1975 .
2
The Ministers may not pay a grant under sub-paragraph (1)(a) above unless —
a
such grant appears to them to be requisite for the purpose of enabling the applicant to benefit from Community aid for a project covered by Title II or III of the Council Regulation (restructuring, renewal and modernisation of the fishing fleet); and
b
a decision that the project shall receive Community aid has been taken, and notified to the United Kingdom, under Article 35 of the Council Regulation.
3
No grant shall be payable under sub-paragraph (1)(b) above in respect of expenditure incurred —
a
in the acquisition or installation of any second-hand equipment; or
b
in relation to an improvement in so far as, in the opinion of the Ministers, such expenditure can be regarded as laid out on the routine repair or maintenance of equipment required for the vessel or installed or used thereon.
4
Applications for grant under this Scheme shall be made in writing in such form as the Ministers may from time to time require, and shall be delivered to them at such address as they may at any time or in any particular case direct.
.
6
In paragraph 4 thereof (application for grant) there shall be inserted after the word “acquisition” the words “or construction”.
7
In paragraph 7(1) thereof (application for grant) paragraph (c) and the word “; and” immediately preceding it shall be omitted.
8
For paragraph 8 thereof (rates of grant) there shall be subsitututed the following paragraph —
8
1
Subject to paragraph 9(1) of this Scheme, the rate of grant payable under paragraph 3(1)(a) of this Scheme shall be 10 per cent of such expenditure incurred, or to be incurred, for the purposes of a project covered by Title II or III of the Council Regulation as is approved by the Commission in deciding the amount of Community aid under that Regulation which the project shall receive.
2
Subject to paragraph 9(3) of this Scheme, the rates of grant payable under paragraph 3(1)(b) of this Scheme shall be —
a
subject to sub-paragraph (3) below, in respect of a vessel not exceeding 33 metres in length, 30 per cent of the expenditure approved by the Ministers;
b
in respect of a vessel over 33 metres in length, 10 per cent of the expenditure approved by the Ministers.
3
The rate of grant payable under paragraph 3(1)(b) of this Scheme in respect of a vessel between 24 metres and 33 metres in length inclusive shall be 20 per cent of the expenditure approved by the Ministers where the applicant has received Community aid in respect of that vessel under Title II or III of the Council Regulation at the rate specified in Annex II to that Regulation in respect of Northern Ireland or the West of Scotland.
.
9
For paragraph 9 thereof (maximum amount of grant) there shall be substituted the following paragraph —
9
1
Where the expenditure referred to in paragraph 8(1) of this Scheme has been approved for the purposes of any grant out of United Kingdom public funds other than a grant under this Scheme, and that other grant is insufficient to enable the project to receive the amount of Community aid decided by the Commission, the amount of grant which may be paid under paragraph 3(1)(a) of this Scheme shall not exceed such amount as is sufficient, when added to that other grant, to enable the project to receive that amount of Community aid.
2
A grant is a grant out of United Kingdom public funds for the purposes of sub-paragraph (1) above if, and only if, it constitutes a financial contribution of the United Kingdom to the total investment for the purposes of Article 7(1) or 10(1) of, and Annex II to, the Council Regulation.
3
The maximum amount of grant payable under paragraph 3(1)(b) of this Scheme as respects any one vessel in any one ownership shall not exceed £250,000.
.
10
In paragraph 10 thereof (conditions for payment of grant) —
a
in sub-paragraphs (1), (2) and (3) there shall be inserted after the word “grant” (wherever it occurs) the words “under paragraph 3(1)(b) of this Scheme”;
b
there shall be substituted for sub-paragraph (4) the following sub-paragraph —
4
No grant under paragraph 3(1)(b) of this Scheme shall be paid in respect of expenditure incurred in the improvement of a vessel carried out elsewhere than in a Member State.
.
11
In paragraph 15 thereof (recovery of grant) —
a
in sub-paragraph (1) there shall be inserted after the words “civil debt” the words “, or in Scotland as a debt,”;
b
there shall be inserted after sub-paragraph (1) the following sub-paragraph —
1A
The Ministers may recover as a civil debt, or in Scotland as a debt, from any person who receives grant under paragraph 3(1)(a) of this Scheme a sum equivalent to the whole or any part of the grant paid to that person if the Commission has decided under Article 44 of the Council Regulation to suspend, reduce or discontinue Community aid or to recover any sums paid.
;
c
in sub-paragraph (2)(a) there shall be inserted after the word “acquisition” the words “or construction”.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
20th March 1990.
Sanderson of Bowden
Minister of State, Scottish Office
12th March 1990
Peter Walker
Secretary of State for Wales
16th March 1990
Peter Brooke
Secretary of State for Northern Ireland
20th March 1990
We approve,
John Taylor
Thomas Sackville
Two of the Lords Commissioners of Her Majesty’s Treasury
13th March 1990.


text:
1
The Secretary of State is authorised to provide along the route described in the Schedule hereto a special road for the use of traffic of Classes I and II of the classes of traffic set out in Schedule 4 to the Highways Act 1980.
2
The centre line of the special road is indicated by a heavy black line on the deposited plan.
3
The special road shall become a trunk road on the date when this Scheme comes into force.
4
In this Scheme: —
1
all measurements of distance are measured along the route of the relevant highway.
2
i
“the deposited plan”
means the plan numbered RSE/0/M20/4/1/24/6 marked “The M20 Motorway (Chrismill Bridge Section) Scheme 1990”, signed by authority of he Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London, SW1P 3PY;
ii
“the motorway”
means the special road provided in pursuance of the Maidstone By-Pass Special Road Scheme 1958 ;
iii
“the special road”
means the special road mentioned in article 1 of this Scheme.
5
This Scheme shall come into force on 14th December 1990 and may be cited as the M20 Motorway (Chrismill Bridge Section) Scheme 1990.
Signed by authority of the Secretary of State for Transport
J. W. Fellows
Regional Director South East Region
Department of Transport
26th November 1990.


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Community Charges and Non-Domestic Rating (Demand Notices) (City of London) (Amendment) Regulations 1990 and shall come into force on 1st February 1991.
2
In these Regulations “the principal Regulations ” means the Community Charges and Non-Domestic Rating (Demand Notices) (City of London) Regulations 1990 .
Amendment of the principal Regulations
2
For regulation 2 of the principal Regulations there shall be substituted the following regulation —
Content of demand notices, etc.
2
1
Subject to paragraph (2), a community charge demand notice shall —
a
where it relates to a personal community charge and the amount demanded under it is not calculated by reference to section 13 of the Act, contain the matters specified in Part I of Schedule 1;
b
where it relates to a personal community charge and the amount demanded under it is calculated by reference to section 13 of the Act, contain the matters specified in Part II of that Schedule;
c
where it relates to a standard community charge, contain the matters specified in Part III of that Schedule;
d
where it relates to a collective community charge, contain the matters specified in Part IV of that Schedule.
2
Where a community charge demand notice is served on a person —
a
after the end of the relevant year; and
b
at the same time as a community charge demand notice relating to another chargeable financial year not then ended is served on him,
paragraph (1) shall apply subject to the modifications referred to in paragraph (3).
3
The modifications are —
a
that the reference in paragraph (1)(a) to the matters specified in Part I of Schedule 1 shall be taken to be a reference only to the matters specified in paragraphs 1 to 7 of that Part;
b
that the reference in paragraph (1)(b) to the matters specified in Part IIof that Schedule shall not be taken to include a reference to the matter mentioned in paragraph 8 of Part I;
c
that the reference in paragraph (1)(c) to the matters specified in Part III of that Schedule shall be taken to be a reference to the matters specified in paragraphs 1 to 7 of that Part, but with the substitution —
i
in paragraph 2(1) and (2) for the words “paragraph 7(b)” of the words “paragraph 7”; and
ii
for paragraph 7 of the following —
7
One of the following notes —
STANDARD COMMUNITY CHARGE CLASSES: the classes of property specified by the Common Council of the City of London for the purposes of their standard community charges, and the multipliers applicable to them are as follows: [ ]
, or
STANDARD COMMUNITY CHARGE CLASSES: The class[es] of property specified by the Common Council of the City of London for the purposes of their standard community charges which [is the one] [are the ones] by reference to which the amount payable under the bill is calculated and the multiplier[s] applicable to [it] [them] [is] [are] as follows: [ ]
; where
a
if the first of those notes is adopted, there is inserted immediately after the note as indicated a description of all the classes specified by the Common Council under section 40(3) of the Act and the standard community charge multipliers applicable to them, or
b
if the second of those notes is adopted, there is inserted immediately after the note as indicated a description of the class so specified which is the one, or the classes so specified which are the ones (as the case may be), by reference to which the amount payable under the notice is calculated, together with the standard community charge multiplier or multipliers applicable to it or them.
;
d
that the reference in paragraph (1)(d) to the matters specified in Part IV of that Schedule shall be taken to be a reference only to the matters specified in paragraphs 1 to 4 of that Part.
4
Part V (interpretation, etc.) of Schedule 1 shall have effect for the purposes of Parts I to IV of that Schedule.
5
A rate demand notice shall contain the matters specified in Schedule 2.
6
Subject to paragraph (7), the Common Council must supply the information specified in Part I of Schedule 3 when it serves a community charge demand notice, and must supply the information specified in Part IIof that Schedule when it serves a rate demand notice; and Part III of that Schedule (interpretation, etc.) shall have effect for the purposes of those Parts I and II.
7
Nothing in paragraph (6) shall require the Common Council to supply the information specified —
a
in Part I of Schedule 3 when it serves a community charge demand notice on a person after the end of the relevant year; or
b
in Part II of that Schedule when it serves a rate demand notice on a person after the end of the relevant year.
.
3
1
At the end of paragraph (1)(a) of regulation 3 of the principal Regulations there shall be inserted the words “(including that regulation as applied with the modifications mentioned in regulation 2(3))”.
2
In paragraph (2)(a) of regulation 3 of the principal Regulations for the words “regulation 2(3)” there shall be substituted the words “regulation 2(5)”.
Michael Heseltine
One of Her Majesty’s Principal Secretaries of State
20th December 1990


text:
1
These Regulations may be cited as the Partnerships (Unrestricted Size) No. 6 Regulations 1990, and shall come into force on 21st August 1990.
2
1
Section 716(1) of the Companies Act 1985 does not prohibit the formation for the purpose of carrying on business as insurance brokers of a partnership consisting of persons each of whom is a registered insurance broker or an enrolled body corporate.
2
In these Regulations, “registered insurance broker” and “enrolled” have the meanings given in section 29(1) of the Insurance Brokers (Registration) Act 1977 .
John Redwood
Parliamentary Under-Secretary of State,
Department of Trade and Industry
30th July 1990


text:
1
This Order may be cited as the Criminal Justice Act 1988 (Commencement No. 12) Order 1990.
2
Subject to article 3 below, section 32 of the Criminal Justice Act 1988 (evidence through television links) shall, so far as it is not already in force, come into force on 26th November 1990 for the following purposes:
a
proceedings for murder, manslaughter or any other offence consisting in the killing of any person;
b
proceedings being conducted by the Director of the Serious Fraud Office under section 1(5) of the Criminal Justice Act 1987 ;
c
proceedings (other than those falling within paragraph (b) above) in which a notice of transfer has been given under section 4 of that Act by any of the authorities designated by subsection (2) of that section;
in each case being proceedings falling within paragraphs (a) to (c) of that article.
3
This Order shall not apply in the case of —
a
a trial on indictment; or
b
an appeal to the criminal division of the Court of Appeal; or
c
the hearing of a reference under section 17 of the Criminal Appeal Act 1968 ,
if the trial, the appeal or the hearing, as the case may be, has begun before 26th November 1990; and, in a case where a preparatory hearing has been ordered under section 7 of the Criminal Justice Act 1987 (power of judge to order preparatory hearing in serious and complex fraud), the effect of section 8 of that Act (trial to begin with preparatory hearing) shall, for the purpose of this article, be disregarded and the trial shall be taken to begin with the swearing of the jury. Home Office
David Waddington
One of Her Majesty’s Principal Secretaries of State
Home Office
22nd October 1990


text:
1
This Order shall come into force on 6th August 1990 and may be cited as the A41 Trunk Road (Finchley Road, Camden) (Box Junctions) Order 1990.
2
In this Order —
“boxed areas” means the areas of the carriageways of the trunk road specified in the Schedule to this Order, being areas of the said carriageway which are marked by the traffic sign specified in diagram 1044 in the Traffic Signs Regulations and General Directions 1981 ; and
“the trunk road” means that part of the London — Carlisle — Glasgow — Inverness Trunk Road (A41) in the London Borough of Camden known as Finchley Road.
3
Save as provided in article 4 below, no person shall cause or permit any vehicle to enter either of the boxed areas if it would become necessary for the whole or any part of the vehicle to remain stationary within either of those areas due to the presence of other stationary vehicles.
4
The provisions of article 3 above shall not apply —
a
in respect of a vehicle being used for police, fire brigade or ambulance purposes;
b
to anything done on the direction or with the permission of a constable in uniform or of a traffic warden;
c
so as to render it unlawful to cause or permit the whole, or any part of a vehicle to remain stationary within either of the boxed areas while waiting to complete a right turn for so long as the vehicle is prevented from completing that turn by reason of the presence of other stationary vehicles, waiting in or near either of those areas to complete a right turn; or
d
so as to render it unlawful to cause or permit the whole or any part of a vehicle to remain stationary in either of the boxed areas if when the whole or any part of the vehicle entered those areas the person so causing or permitting has reason to believe that he would immediately be able to cause or permit the vehicle to be driven out of either of those areas.
Signed by authority of the Secretary of State for Transport.
R. M. C. Edridge
Director (Transport) London Regional Office of the
Department of Transport
3rd August 1990


text:
Title and commencement
1
These Regulations may be cited as the Fodder Plant Seeds (Amendment) Regulations 1990 and shall come into force on 1st August 1990.
Amendment
2
1
The Fodder Plant Seeds Regulations 1985 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 3 (interpretation)–
in paragraph (3) in the definition of “Commercial Seed”–
under the heading “Grasses”, the entry “Brown top” shall be deleted;
under the heading “Legumes”, the entries “Birdsfoot trefoil”, “Trefoil, Black medick” and “Alsike clover” shall be deleted.
3
In Schedule 4, Part II (conditions relating to the seeds)–
a
for paragraph 4 there shall be substituted the following paragraph–
4
For each seed lot of Pre-basic Seed or Basic Seed of field beans, a minimum of 1,000 seeds and, for each seed lot of Certified Seed of the First Generation of field beans, a minimum of 500 seeds shall be officially examined for Ascochyta fabae and the level of infection shall not exceed 1 seed in 1,000 for Pre-basic Seed, 2 seeds in 1,000 for Basic Seed and 2 seeds in 500 for Certified Seed of the First Generation.
b
in the second table in paragraph 5–
i
above the entry for “Red top”, under the appropriate columns (1) to (7) there shall be added–
Brown top 75 – 90 0.3 2.0 e
;
ii
in column (7) “e” shall be substituted for the entries for “Birdsfoot trefoil”, “Trefoil” and “Alsike clover”;
c
in the second table in paragraph 6–
i
for “Red top” in column (1) there shall be substituted “Red top and brown top”;
ii
in column (15) “t” shall be substituted for the entries for “Birdsfoot trefoil”, “Trefoil” and “Alsike clover”.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 3rd July 1990.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
29th June 1990
David Hunt
Secretary of State for Wales
2nd July 1990


text:
1
These Regulations may be cited as the Removal, Storage and Disposal of Vehicles (Prescribed Sums and Charges etc.) (Amendment) Regulations 1990 and shall come into force on 1st June 1990.
2
Regulation 3(1)(a), (2)(a) and (3) of the Removal, Storage and Disposal of Vehicles (Prescribed Sums and Charges etc.) Regulations 1989 shall be amended by the substitution of “£80” for “£75” in each place where it occurs.
David Waddington
One of Her Majesty’s Principal Secretaries of State Home Office
25th April 1990


text:
Citation and commencement
1
1
This Order may be cited as the Occupational Pensions (Revaluation) Order 1990.
2
This Order comes into force on 1st January 1991.
The revaluation percentage for each revaluation period
2
For the purposes of section 52A of the Social Security Pensions Act 1975, the revaluation percentage for each revaluation period specified in column 1 below is the appropriate percentage specified in column 2.
Column 1 Column 2 Revaluation Period Revaluation Percentage
1st January 1986 – 31st December 1990 27.6% 1st January 1987 – 31st December 1990 21.6% 1st January 1988 – 31st December 1990 15.8% 1st January 1989 – 31st December 1990 10.3% 1st January 1990 – 31st December 1990 5.0%
Signed by authority of the Secretary of State for Social Security.
Henley
Parliamentary Under-Secretary of State,
Department of Social Security
20th November 1990


text:
1
1
This Order may be cited as the Local Authorities (Capital Finance) (Consequential Amendments) Order 1990.
2
This Order shall come into force on 1st April 1990.
2
The provisions mentioned in the Schedule to this Order are hereby amended as so mentioned.
Signed by authority of the Secretary of State for Wales
Ian Grist
Parliamentary Under-Secretary of State, Welsh Office
29th March 1990
Chris Patten
Secretary of State for the Environment
27th March 1990


text:
PART I
preliminary
Citation and commencement
1
These Regulations may be cited as the Pleasure Craft (Arrival and Report) Regulations 1990 and shall come into force on 1st July 1990.
Interpretation
2
In these Regulations —
“the Act of 1979 ” means the Customs and Excise Management Act 1979;
“arrival” means the anchoring, berthing or mooring of a pleasure craft within the limits of a port and “arrive” and cognate expressions shall be construed accordingly;
“duty” means any duty, tax or levy charged on goods imported into the United Kingdom;
“the person responsible” means the person on board a vessel under whose command or subject to whose personal direction it has arrived or is intended to arrive as a pleasure craft;
“the prescribed form” means the form prescribed by the Commissioners for the purpose of these Regulations in directions made under section 35(1) of the Act of 1979;
“pleasure craft” means —
a vessel which, at the time of its arrival from abroad at a port in the United Kingdom, is being used for private recreational purposes, and of which the total complement, including passengers and crew, does not exceed 12 persons; or
any vessel which an officer allows, after application is made to him in person or in writing, to be treated as a pleasure craft for the purposes of these Regulations.
PART II
general
The flying of the signal flag “Q”
3
The person responsible shall cause a yellow flag (the signal flag for “Q” in the International Code of Signals) to be flown on a vessel which it is intended shall arrive as a pleasure craft at all times between the crossing of the limits of any port in the United Kingdom and the making of report of that vessel in accordance with these Regulations.
Movement of vessels and removal etc. of goods
4
Save as an officer may otherwise allow or direct, no person after the arrival of a pleasure craft shall move the vessel or unload or remove any goods therefrom until report of that vessel has been made:
Provided always that nothing in this regulation shall affect the provisions of any Regulations made under the powers conferred by the enactments relating to public health in the United Kingdom or any part thereof with respect to a pleasure craft being a ship within the meaning of those Regulations.
PART III
procedure for report on arrival
Report of pleasure craft not based in the United Kingdom
5
The procedure for making report of a pleasure craft not based in the United Kingdom shall be that the person responsible shall deliver the prescribed form, duly completed, to an officer boarding the vessel.
Report of pleasure craft based in the United Kingdom
6
1
Paragraph (2) below applies to a pleasure craft based in the United Kingdom on the importation of which duty is payable or which —
a
is required to be entered under section 37 of the Act of 1979 or has on board any goods required to be so entered or in respect of which there is no entitlement to relief from duty; or
b
has on board any animal or bird; or
c
has on board any goods the importation of which is subject to any prohibition or restriction for the time being in force; or
d
has on board any person who is not a British citizen within the meaning of the British Nationality Act 1981 other than such a person who has come directly from the Channel Islands or the Republic of Ireland; or
e
departed on its last voyage from the United Kingdom more than a year before its arrival; or
f
did not on its outward voyage from the United Kingdom obtain clearance outwards in accordance with any directions made by the Commissioners for that purpose under section 64(2) of the Act of 1979.
2
The procedure for making report of a pleasure craft to which this paragraph applies shall be that —
a
the person responsible, or a person acting on his behalf, shall immediately notify the arrival of that vessel to an officer, either in person or by telephone, and shall on such notification be told whether or not an officer is to board the vessel;
b
where an officer is to board, all persons shall remain on board until his arrival and the person responsible shall then deliver to him the prescribed form, duly completed;
c
where no officer is to board, the person responsible shall put the prescribed form, duly completed, in a Customs and Excise post box where one is provided for that purpose or deliver it to an officer, or the Customs and Excise office for the port of arrival.
3
The procedure for making report of a pleasure craft based in the United Kingdom to which paragraph (2) above does not apply shall be limited to that set out in sub-paragraph (c) of that paragraph.
4
The procedure for making report in cases where an officer boards the pleasure craft before notification of its arrival shall be that the person responsible shall deliver to him the prescribed form, duly completed.
PART IV
revocation
7
The Pleasure Craft (Arrival and Report) Regulations 1979 are hereby revoked.
A. William Russell
Commissioner of Customs and Excise
New King’s Beam House,
22 Upper Ground,
London SE1 9PJ
1st June 1990


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Financial Services Act 1986 (Restriction of Scope of Act and Meaning of Collective Investment Scheme) (No. 2) Order 1990 and shall come into force on 25th July 1990.
2
In this Order, “ the Act ” means the Financial Services Act 1986.
Employee share schemes in the electricity industry
2
In paragraph 35 of Schedule 1 to the Act after paragraph (e) there shall be added the following paragraph —
f
arrangements where —
i
each of the participants is a bona fide employee or former employee (or the wife, husband, widow, widower, or child (including, in Northern Ireland, adopted child) or step-child under the age of eighteen of such an employee or former employee) of any of the following bodies corporate, that is to say, The National Grid Company plc, Electricity Association Services Limited or any other body corporate in the same group as either of them and which is operated by any of those bodies corporate; and
ii
the property to which the arrangements relate consists of shares or debentures (as defined in paragraph 20(4) above) in or of a body corporate which is an electricity successor company for the purposes of Part II of the Electricity Act 1989 or a body corporate which would be regarded as connected with such an electricity successor company for the purposes of paragraph 20 above.
and for the purposes of this paragraph references to former employees shall have the same meaning as in the Financial Services Act 1986 (Electricity Industry Exemptions) Order 1990 .
.
Sale of goods and supply of services
3
Paragraph 19 of Schedule 1 to the Act shall be amended by the substitution, in paragraph 19(3)(a), of the figure “5” for the figure “6”.
Revocation
4
Article 4 of the Financial Services Act 1986 (Restriction of Scope of Act and Meaning of Collective Investment Scheme) Order 1990 is hereby revoked.
John Redwood
Parliamentary Under Secretary of State,
Department of Trade and Industry
24th July 1990


text:
1
These Regulations may be cited as the Motor Vehicles (Tests) (Amendment) (No. 3) Regulations 1990 and shall come into force on 2nd July 1990.
2
The Motor Vehicles (Tests) Regulations 1981 are hereby amended so that in the regulations specified in column 1 of the Table below for the amounts specified in column 2 of the Table there are substituted the amounts specified in column 3 of the Table.
Table
(1) (2) (3) Regulation Existing amount Substituted amount £ £
20(1)(a) 8.56 9.30 20(1)(c) 14.26 15.50 23(2)(b) 4.28 4.65 23(2)(c) 7.13 7.75
Signed by authority of the Secretary of State for Transport
Robert Atkins
Parliamentary Under Secretary of State,
Department of Transport
6th June 1990


text:
1
This Order may be cited as the Housing and Planning Act 1986 (Commencement No. 16) Order 1990.
2
Section 53(1) (minor and consequential amendments) of the Housing and Planning Act 1986 insofar as it relates to paragraphs 39 (expenses of local inquiries) and 40 (orders as to expenses of parties where no local inquiry held) of Schedule 11 to that Act shall come into force on 31st March 1990.
James Douglas-Hamilton
Parliamentary Under Secretary of State, Scottish Office
St. Andrew’s House,
Edinburgh
30th March 1990


text:
1
This Order may be cited as the Water Byelaws (Milngavie Waterworks, Loch Katrine, Loch Arklet, Glen Finglas) Extension Order 1990 and shall come into force on 25th November 1990.
2
The period during which the Strathclyde Regional Council, Prevention of Water Pollution (Milngavie Waterworks) Byelaws 1982 and the Strathclyde Regional Council, Prevention of Water Pollution (Loch Katrine, Loch Arklet, Glen Finglas) Byelaws 1985 are to remain in force is hereby extended to 25th November 1991.
Alasdair C. Paton
Deputy Chief Engineer, Scottish Office
Scottish Development Department,
27 Perth Street,
Edinburgh
12th November 1990


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the National Health Service (Determination of Regions and Districts) Amendment Order 1990 and shall come into force on 17th September 1990.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service Act 1977;
“District” and “Region” mean respectively a district and a region for which a health authority is established;
“the material date” means 17th September 1990;
“the new authority” means Bloomsbury and Islington Health Authority established by the National Health Service (District Health Authorities) Order 1990 ;
“the old authorities” means Bloomsbury Health Authority and Islington Health Authority constituted by the National Health Service (Constitution of District Health Authorities) Order 1981 ;
“specially transferred service” has the meaning assigned by article 4(2) of this Order.
Variation of districts
2
1
Bloomsbury District and Islington District are hereby abolished.
2
Parkside District is varied by the inclusion of all those parts of the city of Westminster which immediately before the material date were included in Bloomsbury District.
3
The
re is hereby determined a new district, for which the new authority is the District Health Authority, to be known as Bloomsbury and Islington District, comprising the former Islington District and those parts of the former Bloomsbury District which are not included in Parkside District under paragraph (2) of this article.
4
Accordingly, in Part I of Schedule 1 to the National Health Service (Determination of Districts) Order 1981 —
a
in the entry in column (3) relating to Parkside District for the words “The city of Westminster” to “West End)” there are substituted the words “The city of Westminster (except the wards of Belgrave, Churchill, Knightsbridge, Millbank, St George’s and Victoria and that part of St James’s ward lying South West of Haymarket, Cockspur Street and Northumberland Avenue)”;
b
the entries in columns (1), (2) and (3) relating to Bloomsbury District and to Islington District are omitted; and
c
after the entries relating to Basildon and Thurrock District there are inserted in the appropriate columns the entries set out in Schedule 1 to this Order.
Variation of regions
3
1
North East Thames Region is varied by excluding, and North West Thames Region is varied by including, all those parts of the city of Westminster included immediately before the material date in North East Thames Region.
2
Accordingly, in column (3) of the Schedule to the National Health Service (Determination of Regions) Order 1981 —
a
in the entry relating to North West Thames Region the words from “(except” to “Thames Region)” are omitted; and
b
in the entry relating to North East Thames Region the words after “City of London” are omitted.
Transfer of officers employed by District Health Authorities
4
1
Except as provided by paragraphs (2), (3)(a) and (4) of this article, any officer employed immediately before the material date by —
a
one of the old authorities; or
b
the old authorities jointly, is on the material date transferred to the employment of the new authority.
2
Any officer employed immediately before the material date by Bloomsbury Health Authority for or in connection with the provision of a service of a description specified in Schedule 2 to this Order (in this Order called a “specifically transferred service”) and for no other purpose, is on the material date transferred to the employment of Parkside Health Authority.
3
Any officer employed immediately before the material date by Bloomsbury Health Authority partly for or in connection with the provision of a specially transferred service, and partly for other purposes who, at any time before 1st January 1991 agrees in writing with his employing authority to transfer his employment to Parkside Health Authority in consequence of the making of this Order is, on the date specified in that agreement (being a date which is not earlier than the material date or the date of that agreement), transferred to the employment of Parkside Health Authority —
a
if that date is the material date, from the employment of Bloomsbury Health Authority;
b
if that date is after the material date, from the employment of the new authority.
4
Where —
a
this article makes provision for the transfer of an officer, and
b
the officer in question is employed jointly by one or both of the old authorities and another person, that provision shall have effect to transfer that officer to the employment of the new authority, or as the case may be of Parkside Health Authority and that other person jointly.
Transfer of officers employed by Regional Health Authority
5
l
Subject to paragraph (2) of this article, any senior medical or dental officer employed by North East Thames Regional Health Authority immediately before the material date for or in connection with the provision of services by Islington Health Authority and for no other purpose is, on the material date, transferred to the employment of the new authority.
2
Any senior medical or dental officer employed immediately before the material date by North East Thames Regional Health Authority jointly with another person, where the functions performed by him for that Regional Health Authority are for or in connection with the provision of services by Islington Health Authority and for no other purpose, is on the material date transferred to the employment of the new authority and that other person jointly.
3
In this article, “senior medical or dental officer” means any officer employed as a consultant, associate specialist, senior hospital medical officer or senior hospital dental officer.
Modification of contracts of employment
6
Where by virtue of article 4 or 5 of this Order the employment of any officer is transferred to that of the new authority or of Parkside Health Authority or of one of those authorities jointly with another person, the contract of employment of such officer is modified so as to substitute as the employer, or as one of joint employers, the new authority or, as the case maybe, Parkside Health Authority.
Preservation of training arrangements
7
Training arrangements in the old authorities under which any officer transferred by this Order is undergoing, or is to undergo, a course of training or has entered, or is going to enter, into an apprenticeship and which have not been discharged before the material date, shall continue to apply with the substitution for that old authority of the authority to the employment of which he is transferred by article 4 of this Order.
Enforceability of rights and liabilities
8
l
Subject to the following provisions of this Order, any right which was enforceable by or against either of the old authorities is enforceable by or against the new authority.
2
Rights and liabilities which were, immediately before the material date, enforceable by or against Bloomsbury Health Authority arising out of or in connection with —
a
the provision of specially transferred services,
b
any agreement for the provision by Bloomsbury Health Authority of services for long-stay mentally ill patients at St John’s and St Elizabeth’s Hospital, insofar as those services are provided for residents of those parts of the city of Westminster transferred by virtue of article 2(2) of this Order.
c
any agreement for the provision by Bloomsbury Health Authority of services for the disabled at the Royal Hospital and Home, Putney, insofar as those services are provided for residents of those parts of the city of Westminster transferred by virtue of article 2(2) of this Order
are enforceable by or against Parkside Health Authority and not the new authority.
Winding up of affairs of old authorities
9
It is the duty of the new authority to take, in accordance with such directions as may be given by the North East Thames Regional Health Authority, such action as may be necessary for the winding up of the affairs of the old authorities, and, in relation to the winding up of the affairs of Bloomsbury Health Authority, it shall before taking action consult North West Thames Regional Health Authority.
Accounts of old authorities
10
Where, on the material date, either of the old authorities has not performed in respect of any period before that date any duty imposed on it by section 98 of the Act the new authority shall perform that duty in accordance with the provisions of that section, any regulations made under that section and any directions which may be given by the Secretary of State.
Provision for continuity in exercise of functions
11
1
Subject to paragraph (4) of this article, anything duly done by, and any application duly made by, or any direction, authorisation or notice duly given to or by either of the old authorities is deemed to have been duly done by, or made by or given to or by the new authority.
2
Subject to paragraph (4) of this article, any instrument made by either of the old authorities continues in force, unless it is expressed to cease to be in force sooner, until it is varied or revoked by the new authority.
3
Subject to paragraph (4) of this article, any form supplied by either of the old authorities and any form supplied by the Secretary of State relating to either of the old authorities continues to be a valid form in relation to the new authority until it is cancelled or withdrawn by the Secretary of State or the new authority, as if any reference contained in the form to either of the old authorities were a reference to the new authority.
4
Paragraphs (l) to (3) of this article shall have effect, in relation to acts done to or by Bloomsbury Health Authority in connection with a specially transferred service, as if the references to “the new authority” were references to Parkside Health Authority.
Accommodation and services made available on payment of charges
12
To the extent that any accommodation and services at any hospital in the district either of the old authorities is, immediately before the material date, authorised by the Secretary of State to be made available under section 65(1) of the Act , it continues to be authorised to be made available under that section, to the extent determined, on or after that date until such authorisation is varied or revoked by the Secretary of State.
Investigation of complaints by Health Service Commissioner
13
1
Subject to paragraphs (3) and (4) of this article, a complaint under Part V of the Act to the Health Service Commissioner for England in relation to either of the old authorities, whether made before or after the material date, may be investigated by that Commissioner notwithstanding the abolition of that authority, as if the complaint had been made in relation to the new authority.
2
The Health Service Commissioner for England, where he conducts such an investigation, shall send a report of the result of his investigation to the new authority and the North East Thames Regional Health Authority.
3
Subject to paragraph (4) of this article, in the case of a complaint to the Commissioner relating to an alleged act or omission by Bloomsbury Health Authority in or in connection with the provision of a specially transferred service, the complaint may be investigated by the Commissioner as if it had been made in relation to Parkside Health Authority, and the Commissioner shall, where he conducts such an investigation, send a report of the result of his investigation to Parkside Health Authority and the North West Thames Health Authority.
4
In the case of a complaint to the Commissioner relating to an alleged act or omission by Bloomsbury Health Authority partly in connection with the provision of a specially transferred service, and partly in connection with the provision of other services, the complaint may be investigated as if the complaint had been made in relation to both those authorities, and the Commissioner shall, where he conducts such an investigation, send a report of the result of his investigation to both those authorities and to the North West Thames and North East Thames Regional Health Authorities.
Exercise of powers in relation to trusts
14
Where, immediately before the material date, any power to appoint trustees of a charity connected with health service purposes is under the trusts of the charity vested in either of the old authorities that power vests on the material date in the new authority.
Appointment of new trustees
15
Where, under the trusts of a charity connected with health service purposes, the charity trustees immediately before the material date include an officer of either of the old authorities, the trustees instead include the holder of the corresponding office with the new authority.
Signed by authority of the Secretary of State for Health
Stephen Dorrell
Parliamentary Under-Secretary of State,
Department of Health
23rd August 1990


text:
Citation and commencement
1
These Regulations may be cited as the Debts of Overseas Governments (Determination of Relevant Percentage) Regulations 1990 and shall come into force on 11th December 1990.
Interpretation
2
1
In these Regulations, unless the context otherwise requires–
“the A, B and C factors” mean the factors so described in Schedule 1 to these Regulations;
“debt” means a debt to which section 88A(2) of the Income and Corporation Taxes Act 1988 applies;
“overseas State authority” has the same meaning as in section 88A(4) of the Income and Corporation Taxes Act 1988;
“the principal section” means section 88B of the Income and Corporation Taxes Act 1988.
2
For the purposes of these Regulations a debt is connected with a State or territory–
a
in the case of a debt which is owed by, or payment of which is guaranteed by, an overseas State authority, when it is the State or territory by reference to which the overseas State authority is an overseas State authority; and
b
in the case of a debt due payment of which is or may be prevented, restricted or subject to conditions–
i
by virtue of any law of a State or other territory outside the United Kingdom or any act of an overseas State authority, or
ii
under any agreement entered into in consequence or anticipation of such a law or act,
when it is the State or territory whose law it is or by reference to which the overseas State authority is an overseas State authority.
Determination of relevant percentage
3
1
This regulation provides for the determination of the percentage of a debt by reference to the position at the end of a period of account of a company for the purposes of subsections (2) and (3) of the principal section.
2
Subject to paragraph (4), the percentage referred to in paragraph (1) shall be that given by Schedule 2 to these Regulations as corresponding to the number which is found by–
a
aggregating the numerical values (as adjusted where necessary in accordance with paragraph (5)) attributed by Schedule 1 to these Regulations to such of the A, B and C factors as are applicable at the end of the period of account in question in the case of the State or territory with which the debt is connected,
b
aggregating the values (as so adjusted) attributed to such of those factors as are so applicable at the end of each of the four consecutive periods of three months which end with the period ending three months before the end of the period of account in question, and
c
calculating the figure which results from dividing the aggregate of the values at the end of each of the periods referred to in sub-paragraphs (a) and (b) by the number of those periods and, if that figure is not a whole number, rounding it up to the next whole number.
3
Paragraph (4) applies where–
a
at the end of a period of account of a company, or
b
at the end of one of the four consecutive periods of three months which end with the period of three months before the end of a period of account of a company,
(in paragraph (4) referred to as “the attributed value date”) it is found that a numerical value of ten or more is attributed for the first time by Schedule 1 to these Regulations in the case of the State or territory with which the debt is connected.
4
Where this paragraph applies–
a
for the purposes of the aggregation required by paragraph (2)(b) only those values shall be taken into account which are attributed to factors which are applicable in the case of the State or territory in question at the end of the consecutive periods of three months ending on or after the first attributed value date, and
b
for the purposes of the calculation required by paragraph (2)(c) only those periods shall be taken into account which end on or after the first attributed value date.
5
Where the aggregated numerical values attributed by Schedule 1 to these Regulations to such of the A, B and C factors as are applicable at the end of a period are less than 15, those values shall be adjusted by attributing to the C factors one half of the numerical values attributed by that Schedule in place of the values actually so attributed.
Transitional provisions
4
1
In relation to the last period of account of a company ending before 20th March 1990, in regulation 3(2) sub-paragraphs (b) and (c) shall be omitted.
2
In relation to periods of account of the company–
a
ending on or after 20th March 1990 and before 20th June 1990, in regulation 3(2)(b) the words “each of the four consecutive periods of three months which end with” shall be omitted;
b
ending on or after 20th June 1990 and before 20th September 1990, in regulation 3(2)(b) for the word “four” there shall be substituted the word “two”;
c
ending on or after 20th September 1990 and before 20th December 1990, in regulation 3(2)(b) for the word “four” there shall be substituted the word “three”.
3
Where, in relation to a period of account of the company, regulation 3(2) applies as modified by paragraph (1) or (2), regulation 3(4) shall have effect as if the references in that paragraph to paragraph (2)(b) and (c) were to those sub-paragraphs as so modified.
John Major
Norman Lamont
Two of the Lords Commissioners of Her Majesty’s Treasury
10th December 1990


text:
1
These Regulations may be cited as the Statutory Nuisance (Appeals) (Amendment) Regulations 1990 and shall come into force on 1st January 1991.
2
Regulation 2 of the Statutory Nuisance (Appeals) Regulations 1990 is amended in paragraph (2)(a) by substituting for the words “section 80(3)” the words “section 80”.
Michael Hesteltine
Secretary of State for the Environment
6th December 1990
David Hunt
Secretary of State for Wales
7th December 1990


text:
1
These Regulations may be cited as the Driving Licences (Community Driving Licence) Regulations 1990 and shall come into force on 1st April 1990.
2
1
The Road Traffic Act 1988 shall be amended as provided in Schedule 1 to these Regulations.
2
The Road Traffic Offenders Act 1988 shall be amended as provided in Schedule 2 to these Regulations.
3
The Road Traffic (Driver Licensing and Information Systems) Act 1989 shall be amended as provided in Schedule 3 to these Regulations.
4
The Criminal Justice Act 1972 and the Powers of Criminal Courts Act 1973 shall be amended as provided in Schedule 4 to these Regulations.
3
The amendments mentioned in regulation 2 above shall have effect only in relation to driving licences which come into force on or after 1st June 1990 (or, in their application to licences to drive a motor vehicle granted under the law of Northern Ireland, to such licences which come into force on or after 1st January 1991).
Signed by authority of the Secretary of State for Transport
Robert Atkins
Parliamentary Under Secretary of State,
Department of Transport
29th January 1990


text:
Title and commencement
1
This Order may be cited as the Borders and Lothian Regions and Tweeddale and Midlothian Districts (Carlops) Boundaries Amendment Order 1990 and shall come into force on 1st April 1990.
Interpretation
2
In this Order–
“the 1977 Regulations ” means the Local Government Area Changes (Scotland) Regulations 1977 ; and
“boundary map” means the map prepared by the Scottish Office marked “The Borders and Lothian Regions and Tweeddale and Midlothian Districts (Carlops) Boundaries Amendment Order 1990 Map” and deposited in accordance with regulation 3 of the 1977 Regulations;
and, in the Schedule to this Order, any reference to a boundary of a region is a reference to a boundary existing immediately before the commencement of this Order.
Application of the 1977 Regulations
3
Save insofar as they can have no application in relation to the area change effected by this Order, the provisions of the 1977 Regulations shall apply in relation thereto for the purposes of, or in consequence of, this Order.
Area change
4
Part of Midlothian District at Paties Mill in the vicinity of Carlops in Lothian Region, being the area described in the Schedule to this Order and shown delineated and hatched on the boundary map, shall be transferred to Tweeddale District in Borders Region.
Consequential changes of electoral arrangements
5
The area described in the Schedule to this Order (being the area transferred by article 4 of this Order)–
a
shall cease to form part of electoral division 40 (Penicuik) of Lothian Region and of ward 1 (Penicuik South West) of Midlothian District ; and
b
shall form part of electoral division 3 (West Tweeddale) of Borders Region and of ward 8 (Linton) of Tweeddale District .
James Douglas-Hamilton
Parliamentary Under Secretary of State, Scottish Office
St. Andrew’s House,
Edinburgh
15th February 1990


text:
1
The new highway which the Secretary of State proposes to construct along the route described in the schedule to this Order which connects the main new trunk road with another highway at the place stated in that schedule (the new highway along this route being in this Order referred to as “the slip road”), shall become a trunk road as from the date when this Order comes into force.
2
The centre line of the slip road is indicated by a heavy black line on the deposited plan.
3
In this Order
a
“the deposited plan” means the plan numbered HA10/2E/322, marked “The A41 London — Birmingham Trunk Road (Berkhamsted Bypass Slip Road) Order 1990”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
b
“the main new trunk road” means the new trunk road to be constructed in pursuance of the A41 London — Birmingham Trunk Road (Berkhamsted Bypass) Order 1985 and the Amendment Order (being the road referred to, in the Amendment Order, as the “main trunk road”); and
c
“the Amendment Order” means the A41 London — Birmingham Trunk Road (Berkhamsted Bypass) Order 1985 Amendment Order and New Trunk Roads Order 1990 .
4
This Order shall come into force on 24th January 1991 and may be cited as the A41 London — Birmingham Trunk Road (Berkhamsted Bypass Slip Road) Order 1990.
Signed by authority of the Secretary of State for Transport
Peter Emms
Regional Director, Eastern Region,
Department of Transport
17th December 1990


text:
Title, commencement and extent
1
1
These Regulations may be cited as the Meat Inspection (Amendment) Regulations 1990 and shall come into force on 1st January 1991.
2
These Regulations shall apply to England and Wales.
Amendments
2
The Meat Inspection Regulations 1987 shall be amended as follows —
a
in regulation 2 (interpretation) —
i
after the definition of “animals” there shall be inserted the following definitions —
“ante-mortem health inspection” means an inspection of live animals in a slaughterhouse in accordance with the requirements of regulation 6A and Schedule 4 and “post-mortem health inspection” means an inspection for the purposes of these Regulations other than an ante-mortem health inspection;
“appropriate Minister” means, as respects England, the Minister of Agriculture, Fisheries and Food and, as respects Wales, the Secretary of State;
ii
for the definition of “inspector” there shall be substituted the following definition —
“inspector” means —
in relation to an ante-mortem health inspection, a person, other than a veterinary surgeon, who holds a qualification specified in the Schedule to the Authorised Officers (Meat Inspection) Regulations 1987 and who is appointed by a food authority as an inspector for the purposes of these Regulations; and
in relation to a post-mortem health inspection, any such person as is mentioned in paragraph (a) above and a veterinary inspector who is so appointed as an inspector for the purposes of these Regulations;
;
iii
after the definition of “slaughterhouse” there shall be inserted the following definition —
“veterinary inspector” means a veterinary surgeon appointed by a food authority as a veterinary inspector for the purposes of these Regulations.
b
for the heading to regulation 3 there shall be substituted the heading “Duty of food authorities to carry out post-mortem health inspections” and in that regulation before the word “inspection” there shall be inserted the words “post-mortem health”;
c
after regulation 6 there shall be inserted the following regulation —
Duty of food authorities to carry out ante-mortem health inspections
6A
1
Subject to paragraphs (2) and (3) of this regulation, every food authority shall arrange for every animal which is to be slaughtered in a slaughterhouse to be subjected to an ante-mortem health inspection by a veterinary inspector or an inspector in accordance with Schedule 4.
2
An animal to which the provisions of regulation 21(a) of the Slaughter of Animals (Humane Conditions) Regulations 1990 apply shall not be subjected to an ante-mortem health inspection in accordance with paragraph (1) above if it is not reasonably practicable for such an inspection to be carried out before it is necessary for the animal to be slaughtered in compliance with such regulation.
3
In carrying out his duties under paragraph (1) above, an inspector shall comply with any directions given to him by a veterinary inspector in relation thereto.
;
d
in regulation 10 (inspection of meat) in the heading before the words “Inspection of meat” there shall be inserted the words “Post-mortem health” and in paragraph (1) thereof before the word “inspection” there shall be inserted the words “post-mortem health”;
e
in regulation 16 (responsibility, and assistance to inspectors), for paragraph (b) there shall be substituted the following paragraph —
b
shall ensure that a veterinary inspector or an inspector is provided with adequate facilities so as to enable him to carry out his duties under these Regulations and that he is given such reasonable assistance as he may from time to time require for that purpose.
;
f
after regulation 16 there shall be inserted the following regulation —
Records of inspections
16A
Every food authority shall keep in respect of each slaughterhouse in their area a record, in such form as the appropriate Minister may require for the purpose of compliance with the provisions of Council Directive 64/433/ EEC as amended , of the results of —
a
ante-mortem health inspections which show that any of the conditions referred to in paragraph 4(a) or (b) of Schedule 4 exist in the animals subjected to such inspections; and
b
post-mortem health inspections of the carcases or offal of any animals in which any such conditions have been so shown to exist, and each food authority shall supply to the appropriate Minister copies of any such records kept by them as the appropriate Minister may from time to time require.
;
g
in Schedule 1 (inspection requirements) —
i
in the heading before the words “INSPECTION REQUIREMENTS” there shall be inserted the words “POST-MORTEM HEALTH”;
ii
in Part I, after paragraph 2 there shall be inserted the following paragraph —
3
Where he considers it necessary the inspector shall arrange for laboratory investigations to be carried out.
;
iii
in Part IV, for paragraph 1(h) there shall be substituted the following paragraph —
h
visual examination of the kidneys and, where an inspector considers it necessary, incision of the kidneys and examination in detail of the renal lymph nodes.
; and
iv
in Part VI, after paragraph 1 there shall be inserted the following paragraph —
2
An investigation for glanders shall be carried out by means of an examination of mucous membranes of the trachea, larynx, nasal cavities, sinuses and their ramifications, after splitting the head in the median plane and excision of the nasal septum.
; and
h
after Schedule 3 there shall be inserted the following Schedule —
SCHEDULE 4
ANTE-MORTEM HEALTH INSPECTION REQUIREMENTS APPLICABLE IN SLAUGHTERHOUSES
Regulation 6A
1
Animals intended for slaughter shall undergo an ante-mortem health inspection within 24 hours of their arrival at the slaughterhouse. The inspection shall be repeated immediately before slaughter if the animal has been kept in a lairage overnight and at any other time if required by a veterinary inspector or an inspector.
2
The ante-mortem health inspection shall be made under adequate natural or artificial lighting.
3
If an inspector, in carrying out his duties under regulation 6A(1) considers that an animal shows an abnormality he shall require it to be taken to, and detained in, that part of the lairage provided for the isolation of animals which are diseased or injured or suspected of being diseased or injured and to be subjected to an ante-mortem inspection there by a veterinary inspector. If, following such an inspection, the veterinary inspector does not pass the animal fit for slaughter for human consumption he may require that it shall be slaughtered and dressed forthwith in accordance with the provisions of regulation 29 of the Slaughterhouses (Hygiene) Regulations 1977 .
4
An ante-mortem health inspection carried out by a veterinary inspector in accordance with paragraph 3 above shall determine —
a
whether the animals are showing symptoms of a disease which can be transmitted through the meat to humans or animals or whether there are any indications that such a disease may occur;
b
whether they are showing symptoms of a disease or disorder which would be likely to make that meat unfit for human consumption;
c
whether they are injured, fatigued or stressed;
d
whether there is any visible evidence that substances with pharmacological effects have been administered to them or that they have consumed any other substance which may make the meat unfit for human consumption. 5. Animals shall not be slaughtered for production of meat for human consumption if they —
a
show any of the conditions mentioned in paragraph 4(a), (b) or (d) above;
b
have not been rested for an adequate period of time, which for fatigued or stressed animals must not, unless a veterinary inspector shall determine otherwise, be less than 24 hours, or
c
have been found to have any form of clinical tuberculosis.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 7th December 1990.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Stephen Dorrell
Parliamentary Under Secretary of State for Health
10th December 1990
David Hunt
Secretary of State for Wales
7th December 1990


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Central Rating Lists (Amendment) Regulations 1990 and shall come into force on 1st April 1990.
2
Expressions used in these Regulations which are also used in the Central Rating Lists Regulations 1989 (“the principal Regulations”) shall have the same meanings as in those Regulations.
Designation of Nuclear Electric plc, etc.
2
1
For the purposes of section 53(1) of the Local Government Finance Act 1988–
a
Nuclear Electric plc are hereby designated, and
b
there are hereby prescribed in relation to Nuclear Electric plc all hereditaments (other than excepted hereditaments) wholly or mainly used for the purposes of the generation of electrical power or for ancillary purposes.
2
In paragraph (1) “excepted hereditament” has the same meaning as in Part 2 of the Schedule to the principal Regulations; and those Regulations shall have effect as if the person designated by paragraph (1)(a) and the hereditaments prescribed by paragraph (1)(b) were included under the heading I in Part 2 of the Schedule, in the columns entitled “Designated persons” and “Relevant hereditaments” respectively.
Exception of tidal-powered electricity generators
3
The definition of “excepted hereditament” in Part 2 of the Schedule to the principal Regulations shall be amended by the insertion after the word “wind” of the words “or tidal”.
Chris Patten
Secretary of State for the Environment
6th March 1990
Peter Walker
Secretary of State for Wales
6th March 1990


text:
Citation and commencement
1
These Regulations may be cited as the Local Government Officers (Political Restrictions) Regulations 1990 and shall come into force on 1st May 1990.
Interpretation
2
In these Regulations —
“ the Act ” means the Local Government and Housing Act 1989;
references to the appointee are references to a person holding such a post as is mentioned in regulation 3(1) and references to the holding of an appointment shall be construed accordingly;
references to a political party do not include references to an organisation whose objects relate solely to matters arising in, or connected with, a state which is not a member State ; and
references to speaking to the public include references to the giving of an interview which, to the knowledge of the person giving it, is likely to result in the publication of statements made, or opinions expressed, during the course of the interview.
Terms of appointment and conditions of employment
3
1
The terms of appointment and conditions of employment of every person holding a politically restricted post under a local authority (including persons appointed to such posts before the coming into force of these Regulations) shall be deemed to incorporate —
a
in all cases, the terms and conditions set out in Part I of the Schedule hereto;
b
in the case of persons appointed otherwise than pursuant to section 9 of the Act (political assistants), the further terms and conditions set out in Part II of that Schedule; and
c
in the case of persons appointed pursuant to that section, the further terms and conditions set out in Part III of that Schedule.
2
The terms and conditions referred to in paragraph (1)(a) to (c) apply to the appointee at all times while he holds his appointment.
Incidental and supplementary provisions
4
In determining whether a person is in breach of a term or condition set out in Part II of the Schedule hereto, regard shall be had, in particular, to the following matters —
a
whether the appointee referred to a political party or to persons identified with a political party, or whether anything said by him or the relevant work promotes or opposes a point of view identifiable as the view of one political party and not of another; and
b
where the appointee spoke or the work was published as part of a campaign, the effect which the campaign appears to be designed to achieve.
Chris Patten
Secretary of State for the Environment
4th April 1990
Malcolm Rifkind
Secretary of State for Scotland
4th April 1990
Peter Walker
Secretary of State for Wales
4th April 1990


text:
1
This Order may be cited as the Fees in the Department of the Registers of Scotland (Amendment) Order 1990 and shall come into force on 4th July 1990.
2
For the Table of Fees in the Schedule to the Fees in the Department of the Registers of Scotland Order 1981 there shall be substituted the Table of Fees set out in the Schedule to these Regulations.
James Douglas-Hamilton
Parliamentary Under Secretary of State, Scottish Office
St. Andrew’s House,
Edinburgh
23rd May 1990
We consent,
John Taylor
Kenneth Carlisle
Two of the Lords Commissioners of Her Majesty’s Treasury
5th June 1990


text:
1
This Order may be cited as the Merseyside Residuary Body (Winding Up) (Amendment) Order 1990 and shall come into force on 30th January 1990.
2
The Merseyside Residuary Body (Winding Up) Order 1989 is amended as follows: —
a
in article 3(5), for the words “the special fund” there shall be substituted the words “the sums referred to in paragraphs (1) and (2)”;
b
in article 7(2), for the words “article 3(1)” there shall be substituted the words “article 3(2)”.
Chris Patten
Secretary of State for the Environment
8th January 1990


text:
Citation commencement and interpretation
1
1
These Regulations may be cited as the Housing (Prescribed Forms) Regulations 1990 and shall come into force on 1st April 1990.
2
In these Regulations, “ the Act ” means the Housing Act 1985.
Prescribed Forms
2
1
The forms set out in the Schedule, or forms substantially to the like effect, shall be the forms to be used for the following purposes of the Act —
a
Form 1 for the order under section 294 (extinguishment of public rights of way over land acquired) ;
b
Form 3 for the licence of a local housing authority under section 330 (overcrowding);
c
Form 4 for the information to be contained in rent books under section 332 (provisions regarding overcrowding).
Manner of publishing right of way extinguishment order
3
The local housing authority shall on the same date
a
publish in one or more local newspapers circulating in their district a notice in the form set out in the Schedule as Form 2, or in a form substantially to the like effect, and
b
cause a copy of the same notice to be displayed in a prominent position at each end of the public right of way to which the order relates.
Revocation and amendment
4
1
The Housing Act (Overcrowding and Miscellaneous Forms) Regulations 1937 , the Housing Act (Form of Charging Order) Regulations 1939 ,the Housing (Prescribed Forms) (Amendment etc. ) Regulations 1974 , the Housing (Prescribed Forms)(Amendment) Regulations 1975 , the Housing (Prescribed Forms) (Amendment) Regulations 1981 and the Housing (Prescribed Forms) (Repair Notices etc.) Regulations 1988 are hereby revoked.
2
The Housing Act (Extinguishment of Public Right of Way) Regulations 1937 shall not have effect in relation to an order made under section 294 of the Act on or after the coming into force of these Regulations.
3
The Housing (Prescribed Forms) Regulations 1972 shall be amended by the omission of Forms 1 to 42 and 47 to 70 from Schedule 2 to those Regulations and the omission of references to those Forms from the list in Schedule 1 to those Regulations.
Chris Patten
Secretary of State for the Environment
5th March 1990
Signed by authority of the Secretary of State for Wales
Ian Grist
Parliamentary Under-Secretary of State, Welsh Office
5th March 1990


text:
PART I
PRELIMINARY
Citation and commencement
1
1
This Order may be cited as the Caledonian MacBrayne Limited (Gott Bay Pier) Harbour Revision Order 1990 and this Order and the Gott Bay Pier Orders 1908 and 1959 may be cited together as the Gott Bay Pier Orders 1908 and 1990.
2
This Order shall come into force on the date fixed in accordance with the provisions of the Statutory Orders (Special Procedure) Acts 1945 and 1965 .
Interpretation
2
1
In this Order, unless the context otherwise requires —
“the Company” means Caledonian MacBrayne Limited being a company incorporated under the Companies Acts;
“the level of high water” means the level of mean high-water springs;
“the Orders of 1908 and 1959” mean respectively the Gott Bay Pier Order 1908 and the Gott Bay Pier Order 1959 ;
“the pier premises” means the quays, piers, landing places and all other works, land and buildings for the time being vested in or occupied or administered by the Company for the purposes of the pier undertaking as from time to time authorised;
“the pier undertaking” means the undertaking hitherto carried on by the Regional Council at Gott Bay on the island of Tiree including the works together with all lands, buildings, plant and conveniences connected therewith and now vested in the Company by virtue of article 3 below;
“the Regional Council” means Strathclyde Regional Council;
“tidal work” means so much of any work as is on, under or over tidal waters or tidal lands below the level of high water.
2
Reference points specified in this Order shall be construed as references to Ordnance Survey National Grid reference points.
3
The Orders of 1908 and 1959 shall be incorporated with and form part of this Order.
Part II
JURISDICTION AND POWERS
Transfer of pier undertaking
3
1
On the coming into force of this Order there shall be transferred to and vested in the Company (subject to the other provisions of this Order) all the powers of the Region Council in relation to the pier undertaking vested in them pursuant to the Orders of 1908 and 1959, the Harbours Act 1964 and section 154 of the Local Government (Scotland) Act 1973 together with all property heritable and moveable and all rights pertaining thereto vested in the Regional Council and held by them solely for the purposes of the pier undertaking.
2
To enable the Company to complete a title to any property transferred to and vested in it by virtue of this article by notice of title or otherwise, this Order shall have effect if it were a general disposition or assignation, as the case may be, of such property granted by the Regional Council in favour of the Company on the coming into force of this Order.
Contracts to be binding
4
All purchases, sales, conveyances, deeds, contracts and agreements entered into made by the Regional Council and in force at the commencement of this Order shall so far as they relate to the pier undertaking be as binding and of as full force and effect in every respect against or in favour of the Company as they have heretofore been against or in favour of the Regional Council and may be enforced as fully and effectively as if, instead of the Regional Council, the Company had been a party thereto.
Proceedings not to abate
5
All legal and other proceedings begun before the commencement of this Order and relating to any property or liabilities transferred to the Company under this Order may be carried on with the substitution of the Company as a party to the proceedings in lieu of the authority from whom the property or liabilities was or were transferred and any such proceedings may be amended in such manner as may be necessary for that purpose.
Power to make agreements
6
Nothing in this Order shall affect the right of the Regional Council and the Company to enter into an agreement for the purpose of regulating the responsibility as between themselves for any liabilities or obligations transferred to the Company by article 4 or 5 of this Order.
Limits of harbour
7
The Company shall exercise jurisdiction as a harbour authority within the meaning of section 57 of the Harbours Act 1964, and the powers of the harbourmaster shall be exercisable within —
a
the area lying below the level of high water and bounded by a line commencing at a point at NM 04194593 at the level of high water westwards of the existing pier and extending in an arc with a radius of 750 metres from the north eastern extremity of the pier head at a point at NM 04914570 and terminating southwards of the said pier at a point at NM 04734495 at the level of high water; and
b
the pier premises.
Byelaws
8
In addition to the byelaws which may be made by the Company under section 83 of the Harbours, Docks, and Piers Clauses Act 1847 and otherwise, the Company may, in relation to the pier undertaking, from time to time make such byelaws as it thinks fit with reference to all or any of the following matters: —
a
for regulating the types of vehicles which may enter or be on the pier premises and the use, placing, loading or unloading, and driving of such vehicles, and giving powers to officers or servants of the Company in relation to such regulation;
b
the management, control and regulation of the pier premises and of goods, wares and merchandise using or passing over the pier premises;
c
safety precautions to be observed by persons using or being on the said pier premises.
Confirmation of byelaws
9
1
The provisions of subsections (4) to (8), (10) and (12) of section 202 and section 203 of the Local Government (Scotland) Act 1973 shall apply to any byelaws made by the Company under the Harbours, Docks, and Piers Clauses Act 1847 or this Order as if the Company were a local authority, and in the application of the provisions of the said Act of 1973 the Secretary of State shall be the confirming authority and all byelaws and regulations which are in force at the pier undertaking at the date of this Order coming into force shall be deemed to be byelaws and regulations of the Company and shall continue in force until altered.
2
Where the Secretary of State proposes to exercise the power of modification conferred on him by subsection (10) of the said section 202 and the modification appears to him to be substantial, he shall inform the Company and require it to take any steps he considers necessary for informing persons likely to be concerned with the modification, and shall not confirm the byelaws until such period has elapsed as he thinks reasonable for consideration of, and comment upon, the proposed modification by the Company and by other persons who have been informed of it.
PART III
MISCELLANEOUS
Tidal works not to be executed without approval of Secretary of State
10
1
A tidal work shall not be erected, constructed, renewed, extended, enlarged, or altered except in accordance with plans and sections approved by the Secretary of State and subject to any conditions and restrictions imposed by him before the work is begun.
2
If a tidal work is erected, constructed, renewed, extended, enlarged or altered in contravention of this article or of any condition or restriction imposed under this article —
a
the Secretary of State may by notice in writing require the Company at its own expense to remove the tidal work or any part thereof and restore the site thereof to its former condition; and if, on the expiration of 30 days from the date when the notice is served upon the Company, it has failed to comply with the requirements of the notice the Secretary of State may execute the works specified in the notice; or
b
if it appears to the Secretary of State urgently necessary so to do, he may remove the tidal work or part of it and restore the site to its former condition,
and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the Company.
Provision against danger to navigation
11
1
In case of injury to or destruction or decay of a tidal work or any part thereof, the Company shall forthwith notify the Commissioners of Northern Lighthouses and shall lay down such buoys, exhibit such lights and take other steps for preventing danger to navigation as those Commissioners shall from time to time direct.
2
If the Company fails to notify the Commissioners of Northern Lighthouses as required by this article or to comply in any respect with a direction given under this article, it shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Abatement of works abandoned or decayed
12
1
Where a tidal work is abandoned, or suffered to fall into decay, the Secretary of State may by notice in writing require the Company at its own expense either to repair and restore the work, or any part thereof, or to remove the work and restore the site thereof to its former condition, to such an extent and within such limits as the Secretary of State may think proper.
2
Where a work consisting partly of a tidal work and partly of works on or over land above the level of high water is abandoned or suffered to fall into decay and that part of the work on or over land above the level of high water is in such condition as to interfere or to cause reasonable apprehension that it may interfere with the right of navigation or other public rights over the foreshore, the Secretary of State may include that part of the work, or any portion thereof, in any notice under this article.
3
If on the expiration of 30 days from the date when a notice under this article is served upon the Company, it has failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the Company.
Survey of tidal works
13
The Secretary of State may at any time if he deems it expedient order a survey and examination of a tidal work constructed by the Company or of the site upon which it is proposed to construct the work and any expenditure incurred by the Secretary of State in any such survey and examination shall be recoverable from the Company.
Lights on tidal works during construction
14
1
The Company shall at or near a tidal work during the whole time of the erection, construction, renewal, extension, enlargement or alteration thereof exhibit every night from sunset to sunrise, such lights, if any, and take such other steps for the prevention of danger of navigation as the Secretary of State shall from time to time direct.
2
If the Company fails to comply in any respect with a direction given under this article it shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Permanent lights on tidal works
15
1
After the completion of a tidal work, the Company shall at the outer extremity thereof exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation as the Commissioners of Northern Lighthouses shall from time to time direct.
2
If the Company fails to comply in any respect with a direction given under this article it shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Amendments and repeals
16
1
The provisions of the Orders of 1908 and 1959 referred to in column (1) of Schedule 1 to this Order shall have effect subject to the amendments specified in column (2) of that Schedule.
2
In the Orders of 1908 and 1959 for the words “County Council” or “the Trustees” wherever the same shall appear there shall be substituted the words “the Company”, and wherever the words “Board of Trade” or “Minister of Transport” shall appear the words “Secretary of State” shall be substituted therefor.
3
The enactments specified in Schedule 2 to this Order are hereby repealed to the extent specified in column (3) of that Schedule.
Crown rights
17
1
Nothing in this Order shall affect prejudicially any estate, right, power, privilege, authority or exemption of the Crown and, in particular and without prejudice to the generality of the foregoing, nothing herein contained shall authorise the Company to take, use, enter upon or in any manner interfere with, any land or hereditaments or any rights of whatsoever description (including any portion of the shore or bed of the sea or of any river, channel, creek, bay or estuary) —
a
belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners, without the consent in writing of those commissioners; or
b
belonging to a government department, or held in trust for Her Majesty for the purposes of a government department, without the consent in writing of that government department.
2
A consent under paragraph (1) above may be given unconditionally or subject to terms and conditions.
Costs of Order
18
The costs, charges and expenses of and incidental to the preparing for and obtaining of this Order or otherwise in relation thereto (other than costs, charges and expenses which any person is lawfully ordered to pay by the Secretary of State or a Joint Committee of both Houses of Parliament or any costs incurred in opposing this Order) shall be paid by the Company.
James Douglas-Hamilton
Parliamentary Under Secretary of State
St. Andrew’s House,
Edinburgh
17th December 1990