text:
PART I
GENERAL
Citation and commencement
1
These Regulations may be cited as the Private Water Supplies Regulations 1991 and shall come into force on 1st January 1992.
Interpretation
2
1
In these Regulations–
“category one supply” has the meaning given by regulation 9;
“category two supply” has the meaning given by regulation 10;
“parameter” means a property, element, organism or substance listed in the second column of the Tables in Schedule 2, in column 1 of Schedule 3 or in Part II of Schedule 4;
“pesticides and related products” means any fungicide, herbicide or insecticide and polychlorinated biphenyls and terphenyls;
“prescribed concentration or value”, in relation to any parameter, means the maximum or minimum concentration or value specified in relation to that parameter in the Tables in Schedule 2 as measured by reference to the unit of measurement so specified;
“quarter” means a period of three months beginning on 1st January, 1st April, 1st July or 1st September in any year;
“trihalomethanes” means trichloromethane, dichlorobromomethane, dibromochloromethane and tribromomethane;
“year” means a calendar year.
2
For the purposes of these Regulations the relevant persons, in relation to a private supply of water to any premises in the area of a local authority are–
a
the owners and occupiers of those premises; and
b
whether or not the source of the private supply is in that authority’s area, the owners and occupiers of the premises where that source is situated and any other person who exercises powers of management or control in relation to that source.
3
Any reference in these Regulations to–
a
a class followed by–
i
a letter, is a reference to a class of a category one supply;
ii
a number, is a reference to a class of a category two supply; and
b
a Table followed by a letter, is a reference to the Table that bears that letter in Schedule 2.
4
These Regulations shall not apply to a private supply which is used solely for washing a crop after it has been harvested but which does not affect the fitness for consumption of any food or drink in its finished form.
PART II
WHOLESOMENESS
3
1
This regulation has effect subject to the provisions of Part III.
2
Water supplied to any premises from a private supply for such domestic purposes as consist in or include drinking, washing or cooking or for food production purposes shall be regarded as wholesome for the purposes of Chapter III of Part III of the Water Industry Act 1991, as it applies to the supply of water for any of those purposes, if the requirements of paragraph (3) are satisfied; and, where the water has been softened or desalinated and is supplied for drinking or cooking or for food production purposes, the requirements of paragraph (4) are also satisfied.
3
The requirements of this paragraph are–
a
that the water does not contain any element, organism or substance (other than a parameter) at a concentration or value which would be detrimental to public health;
b
that the water does not contain any element, organism or substance (whether or not a parameter) at a concentration or value which in conjunction with any other element, organism or substance it contains (whether or not a parameter) would be detrimental to public health;
c
that the water does not have a concentration or value of any parameter listed in Tables A to C in excess of the prescribed concentration or value;
d
in respect of any parameter listed in Table D that–
i
samples taken over the preceding 12 months in relation to that parameter have established that the average concentration or value did not exceed the prescribed concentration or value;
ii
where only one sample is taken in that period in relation to that parameter, the concentration or value did not exceed the prescribed concentration or value; or
iii
where no sample is taken in that period in relation to that parameter, the concentration or value for any sample taken in relation to that parameter in the current year does not exceed the prescribed concentration or value;
e
in respect of trihalomethanes that–
i
samples taken over the preceding quarter in relation to trihalomethanes have established that the average concentration did not exceed 100 μg/l;
ii
where only one sample is taken in that period in relation to that parameter, the concentration did not exceed 100 μg/l; or
iii
where no sample is taken in that period in relation to that parameter, the concentration for any sample taken in relation to that parameter in the current quarter does not exceed 100 μg/l.
4
The requirements of this paragraph are that the water’s hardness and its alkalinity are not below the relevant minimum concentrations specified in Table E.
PART III
RELAXATION OF REQUIREMENTS OF PART II
Authorisations
4
1
Subject to the following provisions of this Part, the Secretary of State or a local authority may, upon the written application of a relevant person, authorise a relaxation of the provisions of Part II as respects a private supply if he or, as the case may be, the authority is satisfied–
a
that the authorisation is necessary, as an emergency measure, to maintain a supply for human consumption;
b
that the authorisation is called for by reason of exceptional meteorological conditions;
c
that the authorisation is called for by reason of the nature and structure of the ground in the area from which the supply emanates; or
d
that the supply is, or is to be used, solely for food production purposes.
2
The Secretary of State or a local authority may, in the circumstances mentioned in paragraph (1)(c), authorise a relaxation of the provisions of Part II as respects a private supply notwithstanding that no application for such authorisation has been made.
3
A relevant person shall, if there are any other relevant persons in relation to the private supply in question, at the same time as he makes an application for an authorisation–
a
serve a notice of the application on all those persons; or
b
publish a notice of the application at least once in each of two successive weeks in one or more newspapers circulating in the locality of the supply.
4
A local authority shall consult the Secretary of State before exercising any power conferred by paragraph (1) or (2) in relation to a class A, B, 1 or 2 supply.
5
A local authority which is required by paragraph (4) to consult the Secretary of State shall comply with such directions as he may give in relation to the supply in question as to–
a
the transmission to him for determination of any application made to the authority;
b
the imposition of conditions on the grant of an authorisation;
c
the refusal of an application; or
d
the revocation or modification of an authorisation.
6
A local authority which grants an authorisation–
a
under paragraph (1)(a);
b
under paragraph (1)(b) or (c) in relation to a class A or 1 supply; or
c
under paragraph (1)(d),
shall forthwith send a copy of that authorisation to the Secretary of State.
7
A local authority shall exercise the powers conferred by paragraph (1) or (2) only if some or all of the premises served by the private supply are within their area; and, where only some of those premises are within their area, only if the powers are exercised jointly with, or with the consent of, any other local authority in whose area the rest of those premises are situated.
Authorisations-restrictions
5
1
An authorisation–
a
granted under regulation 4(1)(a), shall not so relax the provisions of Part II as to give rise to a risk to public health which the Secretary of State or, as the case may be, the local authority considers unacceptable;
b
granted under regulation 4(1)(b) or (c), shall not relax the provisions of that Part so far as they relate to parameters mentioned in Table B or C or item 7 of Table D, or so as to give rise to a public health hazard;
c
granted under regulation 4(1)(d), shall not relax the provisions of that Part so as to affect the fitness for human consumption of food or drink in its finished form.
2
An authorisation shall specify the extent to which the prescribed concentration or value for any parameter is authorised to be contravened.
3
An authorisation granted under regulation 4(1)(a) or (b) shall specify the date on which it ceases to have effect and an authorisation granted under regulation 4(1)(c) or (d) may specify such a date.
Authorisations – conditions
6
An authorisation may include conditions relating to–
a
the quality of water to which the authorisation applies;
b
the steps to be taken to improve the quality of the water;
c
the monitoring of the quality of the water; and
d
the giving of notice of such matters concerning the water as are mentioned in the authorisation to–
i
the Secretary of State;
ii
the local authority; or
iii
any other person named in the authorisation.
Revocation and modification of authorisations
7
1
Subject to paragraphs (2) to (5), the Secretary of State or a local authority may at any time modify or revoke an authorisation (whether or not the authorisation is expressed to be granted for a specified period); and regulations 4 to 6 shall apply with suitable adaptations in relation to the modification of an authorisation.
2
The Secretary of State or a local authority shall not revoke or modify an authorisation without giving at least six months' notice of his or, as the case may be, of the authority’s intention to do so by–
a
serving notice of the revocation or modification on any relevant person on whose application the authorisation was granted;
b
publishing a notice of the revocation or modification in such manner as the Secretary of State or, as the case may be, the authority, considers appropriate for bringing it to the attention of relevant persons; and
c
in the case of a modification or revocation by the Secretary of State, by serving a copy of the notice on the appropriate local authority,
but the Secretary of State or the local authority may revoke or modify an authorisation without notice if it appears to him or, as the case may be, that authority, that the immediate revocation or modification of the authorisation is required in the interests of public health.
3
In paragraph (2) “appropriate local authority” means any local authority whose area includes any premises in relation to which the authorisation applies.
4
A person on whose application an authorisation has been granted shall notify the Secretary of State or, as the case may be, the local authority as soon as he is aware that the circumstances which gave rise to the application for the authorisation cease to exist; and, notwithstanding paragraph (2), the Secretary of State or local authority shall thereupon revoke the authorisation.
5
Nothing in this regulation shall permit a local authority to modify or revoke an authorisation granted by the Secretary of State.
PART IV
MONITORING OF PRIVATE SUPPLIES
Duty to monitor
8
It shall be the duty of every local authority to take and analyse samples of water from every category one and category two private supply serving premises in their area in accordance with the following provisions of this Part.
Category one supplies
9
1
For the purposes of this Part, a private supply is a category one supply if any water from the supply is supplied for domestic purposes and the supply is not a category two supply.
2
Subject to paragraph (3), category one supplies shall be divided into classes in accordance with the following Table by reference to the number of persons supplied with water for domestic purposes and the relevant average daily volume of water supplied; but, if those factors would result in a supply falling into different classes, it shall be treated as falling into the class which is earlier in the alphabetical sequence.
Table
Class Number of persons supplied with water for domestic purposes Relevant average daily volume of water supplied in m 3 /day
A >5,000 >1,000 B 501 to 5,000 101 to 1,000 C 101 to 500 21 to 100 D 25 to 100 5 to 20 E <25 <5
3
A category one supply which only serves a single dwelling shall be classified as a class F supply.
4
Subject to regulation 11, references in this regulation–
a
to the number of persons supplied with water for domestic purposes are references to such number of persons as the local authority shall estimate was the maximum number normally served by the supply for those purposes on any one day during the year prior to the year in which the classification is made; and
b
to the relevant average daily volume of water supplied are references to such volume (calculated as a daily average) as the local authority shall estimate was distributed, or, if not distributed, was used or consumed, for domestic purposes or the purposes mentioned in regulation 10(2)(a) during the year prior to the year in which the classification is made.
Category two supplies
10
1
For the purposes of this Part, subject to paragraph (2), a private supply is a category two supply if any water from the supply is supplied for food production purposes or is supplied for domestic purposes to premises used–
a
as a staff canteen or for the purposes of a business involving the preparation of food or drink for consumption on the premises;
b
as a hospital, nursing home, residential home, hostel, boarding school or other similar institution; or
c
as a camp site or a site for touring caravans or for the purposes of a business involving the provision of holiday or other short term accommodation.
2
A private supply shall not be a category two supply where–
a
it is used for cleansing or cooling operations in connection with the processing of milk; and
b
if it were not for that use, it would be classified as a category one supply,
unless it would fall within class E in which case it shall be classified as a class 5 supply.
3
Subject to paragraphs (2) and (4), category two supplies shall be divided into classes in accordance with the following Table by reference to the average daily volume of water supplied for domestic or food production purposes.
Table
Class Average daily volume of water supplied for domestic or food production purposes in m 3 /day
1 >1,000 2 101 to 1,000 3 21 to 100 4 2 to 20 5 <2
4
A private supply which is used solely–
a
for cleansing or cooling operations in connection with the processing of milk shall be classified as a class 5 supply; or
b
for washing crops and which does affect the fitness for consumption of any food or drink in its finished form shall be classified as a class 4 supply, unless the average daily volume supplied for those purposes is less than 2 m per day, in which case it shall be classified as a class 5 supply.
5
Subject to regulation 11, references in this regulation to the average daily volume of water supplied for domestic or food production purposes are references to such volume (calculated as a daily average) as the local authority shall estimate was distributed or, if not distributed, was used or consumed, for those purposes from the supply during the year prior to the year in which the classification takes place.
6
A local authority may for the purposes of this regulation estimate the average daily volume of water supplied for domestic purposes on the assumption that five persons use one cubic metre of water per day.
Classification of new or restored supplies
11
Where it appears to a local authority that a private supply is to be or is being used for the first time (or for the first time after being out of use for a period of twelve months or more), the authority shall, for the purpose of initially classifying the supply under regulation 9 or 10, estimate the number of persons supplied with water, and the average daily volume of water supplied, in relation to the current year rather than by reference to the year prior to it.
Review of classification of supplies
12
It shall be the duty of a local authority to review at least once in each year the classification of all the private supplies serving premises in their area.
Monitoring – general provisions
13
1
A local authority shall–
a
determine the times of the year and of the day when samples of water from a private supply are to be taken;
b
if a private supply serves a number of premises, select at random the premises at which samples are to be taken,
so as to ensure that, so far as is reasonably practicable, analysis of the samples will produce data which is representative of the quality of water from that supply.
2
Samples are to be taken–
a
in relation to premises supplied with water for food production purposes, from a point immediately before the point where the supply is so used;
b
in relation to all other premises, at a tap used for supplying water for drinking or cooking.
3
Where a local authority is required under the provisions of Schedule 3 or 4 to take more than one sample within a specified period, the samples shall be taken at regular intervals.
4
A local authority shall, in accordance with paragraph (5), take and analyse a sample of water from any supply to which regulation 11 applies as soon as it becomes aware of its use or proposed use.
5
The sample of water to be taken by virtue of paragraph (4) shall be in addition to any other sample required by these Regulations and shall be analysed for compliance with the prescribed concentrations or values for–
a
in the case of a class A, B, 1 or 2 supply, all the parameters listed in column (1) of Schedule 3;
b
in the case of a class C, D, E, 3, 4 or 5 supply, the parameters listed in column (1) of Part II of Schedule 4.
6
It shall be the duty of a local authority to take samples of water from private supplies of classes C, D, E, 3, 4 and 5 serving premises in their area from time to time to ascertain and record the extent to which any pesticides and related products are present in those supplies.
7
A local authority shall, at the request of a person who is a relevant person in relation to a private supply serving premises in its area, take and analyse a sample from the supply for compliance of the parameters specified by that person with the prescribed concentrations or values for those parameters.
Monitoring of class A, B, 1 and 2 supplies – standard sampling frequency
14
Subject to regulations 15 to 17, a local authority shall, in the case of a class A, B, 1 or 2 supply, take in each year not less than the standard number of samples specified in column (3) or, as the case may be, column (6) of Schedule 3 for each parameter listed in column (1) of that Schedule and shall analyse the samples for compliance with the prescribed concentrations or values for those parameters.
Reduced sampling frequency
15
1
Subject to paragraph (4), where–
a
a local authority sample in accordance with regulation 14 for three successive years and in each of those years the requirement mentioned in paragraph (2) is satisfied in relation to a parameter listed in column (1) of Part I or III of Schedule 3; and
b
the local authority is of the opinion that the concentration or value in respect of that parameter is unlikely to increase or, in the case of hydrogen ion, decrease to any significant extent in the next following year,
the number of samples to be taken in that year in respect of that parameter may be reduced to the frequency specified in column (2) or, as the case may be, column (5) of that Schedule in relation to that parameter.
2
The requirement referred to in paragraph (1)(a) is that an analysis of each sample taken in relation to the parameter in question has established–
a
in the case of hydrogen ion, a pH value that is not less than 6.5 and not more than 8.5;
b
in any other case, a concentration or value which is less than 50 per cent. of the prescribed concentration or value for that parameter.
3
Where in accordance with paragraph (1) the number of samples to be taken in any year in respect of the conductivity or hydrogen ion parameter may be reduced to the frequency applicable for that parameter specified in column (2) or, as the case may be, column (5) of Schedule 3, the number of samples to be taken in that year in respect of the qualitative odour and qualitative taste parameters may be reduced to the same frequency.
4
The preceding provisions of this Regulation shall apply in relation to the period ending on 31st December 1994 so that the reduced frequency of sampling may be adopted in that period in relation to a parameter if–
a
it would have been permissible if these Regulations had been in force throughout the period of three years mentioned in paragraph (1); or
b
the local authority did not sample as frequently as required by regulation 14 during the relevant period before these Regulations came into force but they are satisfied on the basis of a scientific assessment of the samples actually taken that the reduction is justified.
Increased sampling frequency
16
1
Subject to paragraph (2), where the analysis of any sample taken by a local authority has established in respect of any parameter listed in column 1 of Parts I to IV of Schedule 3 that the prescribed concentration or value for that parameter has been contravened, the sampling frequency for that parameter shall be increased–
a
for the remainder of that year, to the frequency specified in column (4) or, as the case may be, column (7) of that Schedule multiplied by the number of whole months in that period and divided by 12; and, where the result is not a whole number, rounded up to the nearest whole number;
b
for subsequent years, to the frequency so specified.
2
If, for a whole year during the period in which the sampling frequency in respect of a parameter has been increased in accordance with paragraph (1), no sample exceeds the prescribed concentration or value for that parameter, the local authority may revert to sampling in accordance with regulation 14.
Additional provisions for class 2 supplies
17
A local authority shall in the case of a class 2 supply take a sample twice a month for all parameters listed in column (1) of Part V of Schedule 3 from the commencement of these Regulations until they are satisfied that the supply in question complies with the prescribed concentrations or values for the parameters specified in Table C when the authority may sample in accordance with regulation 14.
Monitoring of class C, D, E, 3, 4 and 5 supplies
18
A local authority shall, in accordance with Schedule 4, take samples in the case of a class C, D, E, 3, 4 or 5 supply and analyse them for compliance with the prescribed concentrations or values for the parameters specified in that Schedule in relation to that class of supply.
PART V
MISCELLANEOUS
Collection and analysis of samples
19
1
A local authority shall secure, so far as is reasonably practicable, that in taking, handling, transporting, storing and analysing or causing to be analysed any sample taken for the purposes of these Regulations, the appropriate requirements are satisfied.
2
In paragraph (1) “the appropriate requirements” means such of the following requirements as are applicable–
a
that the sample is representative of the quality of the water at the time of sampling;
b
that the sample is not contaminated when being taken or subsequently;
c
that the sample is kept at such temperature and in such conditions as will secure that there is no material alteration of the concentration or value for the measurement or observation of which the sample is intended;
d
that the sample is analysed as soon as may be after the time it has been taken–
i
by, or under the supervision of, a person who is competent to perform that task;
ii
with the use of such equipment as is suitable for the purpose;
iii
by applying such analytical systems and methods as are capable of establishing, within acceptable limits of deviation and detection, whether the sample contains concentrations or values which contravene the prescribed concentrations or values; and
e
that any laboratory at which samples are analysed has a system of analytical quality control that is subject from time to time to checking by a person who is–
i
not under the control of either the laboratory or the authority; and
ii
approved by the Secretary of State for that purpose.
3
Within 28 days of the results of an analysis of any sample of a private supply taken from any premises being available to the local authority which took the sample, the authority shall notify the owner of those premises of the results of that analysis and any other relevant person who is to be charged for the taking and analysis of the sample from those premises under regulation 20(1).
Charges for sampling and analysis
20
1
Subject to the provisions of this regulation, a local authority may in respect of a private supply serving premises in its area charge any relevant person for expenses reasonably incurred by the authority for–
a
sampling a supply in accordance with these Regulations subject to a maximum charge of £50 per visit to any premises for that purpose; and
b
the analysis of samples in accordance with these Regulations subject to the maximum charges set out in Schedule 5.
2
The power to charge mentioned in paragraph (1)–
a
includes a power to charge (whether or not any notice under section 80 of the Water Industry Act 1991 has been served) for the sampling and analysis of samples following the taking of remedial action in relation to any private supply;
b
does not include a power to charge–
i
for the taking and analysis of any sample taken solely in order to confirm or clarify the results of the analysis of a previous sample; and
ii
in the case of a class C, D, E, 3, 4, or 5 supply, for the taking and analysis of any sample taken pursuant to regulation 13(6).
3
Where in relation to any private supply there is more than one relevant person, the local authority shall, in determining who is to be charged under paragraph (1) and any apportionment of the charge, have regard to the terms (if any) on which the water is supplied and the purposes for which it is used.
Sampling and analysis by persons other than local authorities
21
1
Subject to paragraph (2), a local authority may enter into arrangements with–
a
a relevant person for the taking and analysis of samples in accordance with these Regulations on behalf of, but at no expense to, the authority; or
b
any other person for the analysis of samples in accordance with these Regulations on behalf of the authority (whether or not involving the authority in expense).
2
A local authority shall only enter into arrangements under paragraph (1) if it is satisfied that the tasks will be carried out by, or under the supervision of, a person competent to perform them and otherwise in accordance with these Regulations.
3
Arrangements under paragraph (1)(a) shall include a requirement for the results of any analysis to be sent to the local authority as soon as they are available.
Revocation of regulations
22
Regulation 8 of the Water Supply (Water Quality) Regulations 1989 , regulation 2(5) of the Water Supply (Water Quality) (Amendment) Regulations 1989 and paragraph 7 of the Schedule to the Water Supply (Water Quality) (Amendment) Regulations 1991 are revoked.
Michael Heseltine
Secretary of State for the Environment
9th December 1991
David Hunt
Secretary of State for Wales
10th December 1991


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
1
This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session Amendment No.8) (Discharge of Judicial Factors) 1991.
2
Paragraphs 1 and 2 of this Act of Sederunt shall come into force on 30th August 1991 and all other paragraphs thereof shall come into force on 18th November 1991.
3
This Act of Sederunt shall be inserted in the Books of Sederunt.
Revocation of Act of Sederunt (Rules of the Court of Session Amendment No.6) (Discharge of Judicial Factors) 1991
2
The Act of Sederunt (Rules of the Court of Session Amendment No.6) (Discharge of Judicial Factors) 1991 is hereby revoked.
Amendment of Rules of the Court of Session
3
The Rules of the Court of Session shall be amended by inserting after rule 201Y (money received by administrator) the following Section and rules:–
SECTION 2C
DISCHARGE OF FACTORS, TUTORS AND CURATORS
Interpretation and application
201Z
1
In this Section–
“judicial factor” includes tutor and curator;
“judicial factory” includes tutory and curatory.
2
This Section shall apply only to a judicial factor appointed as a–
a
curator or curator bonis;
b
tutor;
c
factor loco tutorisor loco absentis; or
d
commissary factor.
Applications for certificate of discharge
201AA
Where a judicial factory is terminated by reason of its recall or the death or coming of age of the ward, or by reason of the exhaustion of the estate, the judicial factor or, where he has died, his representatives may apply in writing to the Accountant of Court for a certificate of discharge.
Notices to cautioner and interested parties
201BB
1
The judicial factor shall give notice by post by the first class recorded delivery service of an application under rule 201AA to–
a
the cautioner; and
b
any person with an interest in the estate of the ward.
2
Such a notice shall contain information about–
a
the availability for inspection in the office of the Accountant of Court of the audited accounts of the judicial factor;
b
the time within which any party may make representations under rule 201CC; and
c
the effect of the issue of a certificate of discharge.
Representations to Accountant of Court
201CC
Any person to whom notice has been given under rule 201BB may make written representations relating to the application to the Accountant of Court within 21 days from the date of notice to him under that rule.
Determination of Accountant of Court
201DD
On the expiry of the period specified in rule 201CC, the Accountant of Court shall–
a
consider the application and any representations made; and
b
intimate to the factor, to the Deputy Principal Clerk of Session and to any party who has made representations, a copy of his determination to issue or refuse to issue a certificate of discharge together with a note of his reasons for making that determination.
Certificates of discharge
201EE
1
The Accountant of Court–
a
shall not sign a certificate of discharge until the time for lodging an appeal under rule 201FF has expired; and
b
shall, on issuing a certificate of discharge, give notice that he has issued it to the Deputy Principal Clerk of Session.
2
The issue of a certificate of discharge shall be sufficient authority for the judicial factor to uplift his bond of caution.
Appeals
201FF
1
The judicial factor, or any person who has made representations under rule 201CC, may, within 14 days of intimation under rule 201DD, appeal against the determination of the Accountant of Court to the Lord Ordinary.
2
An appeal under paragraph (1) shall be–
a
by letter to the Deputy Principal Clerk containing a statement of the grounds of appeal; and
b
intimated to the Accountant of Court.
3
On receipt of an appeal under paragraph (1) the Deputy Principal Clerk shall place the papers before a Lord Ordinary in chambers for determination of the appeal.
4
On disposing of the appeal, the Lord Ordinary shall–
a
direct the Accountant of Court to sign the certificate of discharge;
b
appoint the factor to lodge a petition for discharge; or
c
make such further order as he considers appropriate.
.
J.A.D. Hope
Lord President, IPD
Edinburgh
22nd August 1991


text:
1
The new highway which the Secretary of State proposes to construct as a slip road, 12 metres in length, connecting the westbound carriageway of Sterling Way with the main new trunk road at a point opposite the junction of Silver Street and Sterling Way and west of the entrance to the North Middlesex Hospital, and indicated by the reference number 1 on the deposited plan shall become a trunk road as from the date when this Order comes into force.
2
The new highway which the Secretary of State proposes to construct as a slip road, 115 metres in length, connecting the eastbound carriageway of Sterling Way with Silver Street, and indicated by the reference number 2 on the deposited plan shall become a trunk road as from the date when this Order comes into force.
3
The new highway which the Secretary of State proposes to construct as an extension of the main new trunk road from a point 138 metres east of the centre line of the mouth of Gloucester Road to a point 48 metres west of that centre line, and indicated by the reference number 3 on the deposited plan shall become a trunk road as from the date when this Order comes into force.
4
The centre line of each of the new trunk roads is indicated by a heavy black line on the deposited plan.
5
The Secretary of State directs as respects any part of a highway which crosses the route of any of the new trunk roads 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. The date specified will not be later than the date on which the relevant route is opened for the purposes of through traffic.
6
In this Order–
i
“the deposited plan” means the plan numbered LRO64/19/2/03 marked The A406 London North Circular Road Trunk Road (Improvements between Silver Street and Hall Lane, Supplementary Trunk Road and Slip Roads) 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 main new trunk road” means the main new trunk road mentioned in Schedule 1 to the A406 London North Circular Trunk Road (Improvement between Silver Street and Hall Lane Trunk Roads, Slip Roads and Bridge) Order 1991 .
7
This Order shall come into force on 11th July 1991 and may be cited as the A406 London North Circular Trunk Road (Improvement between Silver Street and Hall Lane, Supplementary Trunk Road and Slip Roads) Order 1991.
Signed by authority of the Secretary of State for Transport
I Yass
A Grade 3 Officer in the
Department of Transport
21st June 1991


text:
1
This Order may be cited as the Public Telecommunication System Designation (Videotron South Limited) (Winchester) Order 1991 and shall come into force on 31st July 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
28th June 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (England) Order 1991 and shall come into force on 22nd March 1991.
2
In this Order “ the Act ” means the Local Government Act 1988.
Application
2
This Order applies to the activity mentioned in section 2(2)(c) of the Act (other cleaning) if carried out by a defined authority mentioned in section 1(1) of the Act which has functions in England or if carried out in England by a joint committee which falls to be treated as a defined authority by section 1(4) of the Act and of which at least one of the members is such an authority.
Exemption
3
Where —
a
by virtue of article 3 of the Local Government Act 1988 (Defined Activities) (Exemptions) (England) Order 1988 the activity to which this Order applies was not, in the case of the authority in question, treated as a defined activity in the financial year ending on 31 March 1991; and
b
that activity would, but for this Order, be treated as a defined activity in the case of that authority on 1st April 1991,
that activity shall not be treated as a defined activity so long as it is carried out before 1st August 1991.
Michael Heseltine
Secretary of State for the Enviroment
22nd February 1991


text:
Title and commencement
1
This Order may be cited as the Water (Prevention of Pollution) (Code of Practice) Order 1991 and shall come into force on 22nd October 1991.
Code of Practice
2
The Code of Good Agricultural Practice for the Protection of Water dated July 1991, which was issued by the Minister of Agriculture, Fisheries and Food and the Secretary of State for Wales, and of which a copy was deposited in each House of Parliament on 1st July 1991 —
a
to give practical guidance to persons engaged in agriculture with respect to activities that may affect controlled waters ; and
b
to promote what appear to them to be desirable practices by such persons for avoiding or minimising the pollution of any such waters,
is hereby approved.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 27th September 1991.
Trumpington
Minister of State, Ministry of Agriculture, Fisheries and Food
David Hunt
Secretary of State for Wales
1st October 1991


text:
Citation and commencement
1
These Regulations may be cited as the Definition of IndependentVisitors (Children) Regulations 1991 and shall come into force on 14thOctober 1991.
Independent visitors
2
A person appointed by a local authority as an independent visitorunder paragraph 17(1) of Schedule 2 to the Children Act 1989 shall beregarded as independent of the local authority appointing him in thefollowing circumstances:
a
where the person appointed is not connected with the local authorityby virtue of being —
i
a member of the local authority or any of their committees or sub-committees, whether elected or co-opted; or
ii
an officer of the local authority employed in the Social ServicesDepartment of that authority; or
iii
a spouse of any such person;
b
where the child who is to receive visits from the person appointedis accommodated by an organisation other than the local authority, andthe person appointed is not —
i
a member of that organisation; or
ii
a patron or trustee of that organisation; or
iii
an employee of that organisation, whether paid or not; or
iv
a spouse of any such person.
Signed by authority of the Secretary of State for Health.
Virginia Bottomley
Minister of State,
Department of Health
2nd April 1991


text:
Citation
1
This Order may be cited as the Planning and Compensation Act 1991 (Commencement No. 5 and Transitional Provisions) Order 1991.
Interpretation
2
In this Order —
“the 1990 Act ” means the Town and Country Planning Act 1990 ;
“the 1991 Act ” means the Planning and Compensation Act 1991.
Provisions coming into force on 2nd January 1992
3
Subject to article 5, the following provisions of the 1991 Act shall come into force on 2nd January 1992 —
section 1;
section 3, so far as it is not yet in force;
section 4, except so far as it relates to breach of condition notices;
sections 5 and 6, so far as they are not yet in force;
sections 7 to 9;
section 11;
section 14;
section 19, so far as it is not yet in force, except to the extent that it relates to paragraph 4(1) of Schedule 1 to the 1990 Act as it concerns applications for consent to the display of advertisements;
sections 23 and 25, so far as they are not yet in force;
section 32, so far as it relates to the provisions of Schedule 7 set out in the first column of Schedule 1 to this Order, and, where there is an entry against that provision in the second column of that Schedule, to the extent therein provided; and
section 84(6), so far as it gives effect to the repeals in Part I of Schedule 19 specified in Schedule 2 to this Order, except so far as paragraph 4(1) of Schedule 1 to the 1990 Act concerns applications for consent to the display of advertisements.
Provisions coming into force on 10th February 1992
4
The following provisions of the 1991 Act shall come into force on 10th February 1992 —
section 27, so far as it is not yet in force,
section 32, so far as it relates to paragraph 9(2)(a) of Schedule 7, and
section 84(6), so far as it gives effect to the repeals in Part I of Schedule 19 to the 1991 Act specified in Schedule 3 to this Order.
Transitional provisions
5
1
Until 27th July 1992 or the date on which section 10 of the 1991 Act is brought fully into force, if later —
a
an enforcement notice which relates to a failure to comply with any condition or limitation relating to the carrying out of any operation specified in section 171B(1) of the 1990 Act, in, on, over or under land and subject to which planning permission was granted for the development of that land, may be issued only within the period of four years from the date of the breach; and
b
nothing in section 171B(3) of the 1990 Act prevents an enforcement notice which relates to a breach of planning control (other than a breach falling within section 171B(1) or (2) of the 1990 Act or paragraph (a) above) being issued where it appears to the local planning authority that the breach occurred after the end of 1963.
2
Subject to paragraph (3), the commencement of paragraph (b) of section 171B(4) shall not permit the taking of further enforcement action in respect of any breach of planning control where, immediately before the commencement of that paragraph, the local planning authority could not have issued an enforcement notice relating to that breach.
3
Paragraph (2) does not apply where any proceedings under the 1990 Act in respect of the breach pursuant to the issue or purported issue of an enforcement notice by the local planning authority have not been finally determined before the commencement of paragraph (b) of section 171B(4).
Signed by authority of the Secretary of State for the Environment
G. S. K. Young
Minister of State,
Department of the Environment
9th December 1991
David Hunt
Secretary of State for Wales
10th December 1991


text:
1
This Order may be cited as the Broadcasting Act 1990 (Guernsey) Order 1991 and shall come into force on 13th February 1991.
2
In this Order —
“ the Act ” means the Broadcasting Act 1990; and
“ Guernsey ” means the Bailiwick of Guernsey.
3
1
The following provisions of the Act shall extend, with the modifications specified in the Schedule to this Order, to Guernsey —
a
in Part I (independent television services), sections 14 to 22 and 66;
b
in Part IV (transfer of undertakings), sections 127, 129 to 131 and 141;
c
in Part X (miscellaneous and general), sections 202 and 204; and
d
Schedules 9 and 11.
2
From 1st April 1991 the following provisions of the Act shall extend to Guernsey —
a
section 180, except subsection (4); and
b
Part I of Schedule 18.
3
For the purpose of construing provisions of the Act, as extended by this Order, as part of the law of Guernsey, any reference to an enactment which extends to Guernsey shall, unless a contrary intention appears, be construed as a reference to that enactment as it has effect in Guernsey.
G. I. de Deney
Clerk of the Privy Council


text:
1
These Regulations may be cited as the Local Government Act 1988 (Defined Activities) (Competition) (England) (Amendment) Regulations 1991 and shall come into force on 7th October 1991.
2
Regulation 2(2) of the Local Government Act 1988 (Defined Activities) (Competition) (England) Regulations 1990 is amended by substituting for the definition of “EW” the following:
EW = the gross cost of the specified work carried out or treated as carried out by or for the authority in the corresponding period in the financial year ending on 31st March 1991, estimated by the authority on the assumption that costs are incurred at a constant rate over the year;
.
Signed by authority of the Secretary of State for the Environment
Michael Portillo
Minister of State,
Department of the Environment
5th September 1991


text:
Citation and commencement
1
–
1
This Order may be cited as the Collieston Harbour Revision Order 1991 and this Order and the Collieston Harbour Act 1894 may be cited together as the Collieston Harbour Act and Order 1894 to 1991.
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
In this Order unless the context otherwise requires:–
“the Act of 1847 ” means the Harbours, Docks, and Piers Clauses Act 1847 ;
“the Act of 1964 ” means the Harbours Act 1964;
“Chairman” and “Secretary” mean, respectively up until the new constitution date, the Chairman and Secretary of the Collieston Amenities Committee and on that day and thereafter of the Collieston Harbour Trustees;
“Collieston harbour electoral area” means the area shown edged in red on the map prepared in duplicate, signed by an Assistant Secretary in the Department of Transport and marked “Collieston harbour electoral area” one of which is deposited at the offices of the Department of Transport and one at the offices of the Gordon District Council, Ellon;
“district council” means the Gordon District Council;
“ the Harbour ” means Collieston harbour as defined in article 13(1);
“harbour limits map” means the map prepared in duplicate, signed by an Assistant Secretary in the Department of Transport and marked “Collieston Harbour — Limits of Harbour” deposited at the offices of the Department of Transport and the offices of the Gordon District Council in Ellon, being a map of the harbour limits;
“the new constitution date” means the first day after expiry of six weeks from the date of the coming into force of this Order;
“ Order of 1894 ” means the Collieston Harbour Act 1894;
“ Regional Council ” means the Grampian Regional Council;
“register of electors” means the register of electors for the parish of Slains for the time being last published by the Electoral Registration Officer for the Grampian Region;
“ Trustees ” means the Collieston Harbour Trustees as qualified, appointed or elected as provided for in this Order.
New constitution
3
–
1
For the purpose of carrying this Order into execution and to be the harbour authority for the Harbour from the new constitution date there shall be a body of Trustees to be qualified, nominated and elected as in this Order provided, and the Trustees and their successors are hereby for the purposes of this order incorporated by the name of the Collieston Harbour Trustees and by that name shall be a body corporate, with perpetual succession.
2
Subject to the provisions of this Order on and after the new constitution date there shall be seven Trustees of whom four shall be Trustees ex-officio and the other three shall be elected, as herein provided. The Trustees ex-officio shall be (i) the proprietor for the time being of the estate of Slains or his successors; (ii) the present minister of the parish of Slains or his successors in the incumbency of the said parish; and (iii) the regional councillor and the district councillor for the electoral division of Formartine.
Election of trustees
4
The Secretary shall as soon as may be after the coming into force of this Order make arrangements for the nominating of candidates to be elected as Trustees by displaying a public notice, within the Collieston harbour electoral area containing the following information:
1
that nominations for 3 Trustees to be elected are required to be lodged with the Secretary;
2
that the Trustees to be nominated must reside in the Collieston harbour electoral area and their names must appear on the register of electors for the parish of Slains;
3
the closing date for nominations which shall be no sooner than 14 days after the public notice is displayed;
4
that nominations must be made and signed by at least 2 people residing in the Collieston harbour electoral area and whose names appear on the register of electors for the parish of Slains.
5
–
1
If three or less candidates are duly nominated they shall be appointed with effect from the new constitution date without the need for an election.
2
In the event of an insufficient number of nominations, the appointment(s) shall be filled by the Trustees by appointing a person(s) who resides in the Collieston harbour electoral area and whose name(s) appear in the register of electors for the parish of Slains and consents to be appointed.
3
Where more than 3 nominations are made an election shall take place in accordance with the provisions of Schedule 1 to this Order.
6
The three elected Trustees shall remain in office for a period of 5 years and shall be eligible for re-appointment.
7
At least 6 weeks before the elected Trustees' period of appointment ends the Secretary shall cause a public notice to be displayed seeking nominations for the 3 elected Trustees and the provisions set out in articles 4 to 6 and Schedule 1 to this Order shall apply.
8
If a casual vacancy occurs among the elected Trustees the vacancy shall be filled by the Trustees as soon as practicable and such replacement Trustee shall reside in the Collieston harbour electoral area and his name shall appear in the register of electors for the parish of Slains and shall remain in office for the remainder of the term of office of the Trustee being replaced. The method to be used for the selection of candidates to fill a casual vacancy shall be at the discretion of the Trustees.
9
The Trustees may act notwithstanding a vacancy in the membership and no act of the Trustees shall be invalidated by reason of any irregularity in the qualification or election of any Trustee.
10
A Trustee may resign his office at any time by notice in writing given to the Secretary of the Trustees.
Management and meetings
11
The first meeting of the Trustees after the new constitution date shall be convened by the Secretary as soon as possible after that date and the Secretary shall send such notice of the meeting by post to each of the Trustees. Subsequent meetings of the Trustees sh all be at the discretion of the Trustees and the procedure and business of the Trustees shall be regulated in such a manner as the Trustees may from time to time determine.
General powers of the Trustees
12
The Trustees may, subject to the provisions of this Order, take all such steps from time to time as they consider necessary or desirable for the maintenance, operation and improvement of the Harbour and for those purposes and without the prejudice to the generality of the foregoing the Trustees may:–
1
improve, regulate and manage the Harbour and provide harbour facilities therein, and
2
do all other things which in their opinion are expedient to expedite the efficient functioning, improvement or development of the Harbour.
Limits of the harbour
13
–
1
The limits of the Harbour for the purposes of this Order, and within which the Trustees shall have authority, shall comprise the harbour, basin and piers and the whole of the area below high water mark as described in Schedule 2 to this Order.
2
In the event of any discrepancy between the limits described in Schedule 2 and the limits shown on the harbour limits map, the limits as shown in the harbour limits map shall be deemed to be correct and shall prevail.
General byelaws
14
–
1
In addition to the byelaws which may be made by the Trustees under section 83 of the Act of 1847 the Trustees may, from time to time, make such byelaws as they think fit with reference to all or any of the following:–
a
regulating the navigation, berthing and mooring of vessels and their speed and manner of navigation within the Harbour;
b
preventing damage or injury to any vessel, goods, vehicle, plant, machinery, property or persons within the Harbour;
c
regulating the conduct of all persons within the Harbour not being members of a police force or officers or servants of the Crown whilst in exercise of their duties;
d
regulating the placing and maintenance of moorings within the Harbour;
e
preventing and removing obstructions or impediments within the Harbour;
f
prohibiting or regulating the discharge of ballast, ashes, refuse, rubbish and other materials in the Harbour;
g
regulating the use within the Harbour of yachts, sailing boats, sailboards, rowing boats, pleasure craft, and other small craft;
h
regulating or prohibiting the activities within the Harbour of divers, surfers, water skiers, jet skiers and other persons engaged in similar recreational pursuits but not so as to prohibit the use for navigation of the vessels referred to in paragraph (g) above;
i
regulating the launching of vessels within the Harbour;
j
regulating or prohibiting the use of fire and lights within the Harbour and within any vessel within the Harbour;
k
regulating the movement, speed and parking of vehicles within the Harbour;
l
regulating the control of domestic animals within the Harbour.
2
Byelaws made under this article may:–
a
provide for imposing upon persons offending against them, or against any condition, requirement or direction imposed, made or given thereunder, fines not exceeding level 3 on the standard scale;
b
relate to the whole of the Harbour or any part thereof;
c
make different provisions for different parts of the Harbour, or in relation to different classes of vessels.
Confirmation of byelaws
15
–
1
The provisions of sub-sections (4), (5), (6), (7), (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 Trustees under the Act of 1847 or this Order as if the Trustees 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.
2
Where the Secretary of State proposes to exercise the power of modification conferred on him under sub-section (10) of section 202 of the said Act of 1973 and it appears to him that any modification which he proposes to make is substantial, he shall inform the Trustees and require them 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 Trustees and by other persons who have been informed of it.
Power to make charges
16
–
1
Subject to paragraph (2) below, the Trustees may make such reasonable charges as they think fit for services and facilities provided by them.
2
Paragraph (1) above does not authorise the levying of ship, passenger or goods dues within the meaning of the Act of 1964.
3
Nothing in this section shall affect any power of the Trustees to demand, take or recover charges which they have under or by virtue of any enactment or rule of law.
Repeals
17
On the new constitution date the provisions of the Collieston Harbour Act 1894 specified in Schedule 3 to this Order shall cease to have effect.
Saving for Grampian Regional Council
18
Nothing in this Order shall authorise the Trustees, without the consent in writing of the Grampian Regional Council in its capacity as either–
a
Coast Protection Authority, in terms of the Coast Protection Act 1949, or
b
Sewerage and Drainage Authority, in terms of the Sewage (Scotland) Act 1968,
to alter the construction of the pier or any other work within the Harbour or to interfere with any apparatus belonging to the Council which has been located within the harbour limits and the Council shall not unreasonably withhold such consent.
Costs of order
19
All costs, charges and expenses of the applicant in connection with the preparation, submission and making of this Order (other than costs, charges and expenses which any person is lawfully ordered to pay and any costs, charges and expenses incurred in opposing the Order) shall be paid or reimbursed by the Trustees.
Signed by authority of the
Patrick McLoughlin
Parliamentary Under Secretary of State,
17th June 1991


text:
1
This Order may be cited as the Public Telecommunication System Designation (Stafford Communications Limited) Order 1991 and shall come into force on 24th October 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
19th September 1991


text:
Title, commencement and transitional provisions
1
1
These Regulations may be cited as the Feeding Stuffs Regulations 1991, and shall come into force on 22nd January 1992.
2
Subject to paragraph (3) below, the provisions of —
a
Schedule 1 in so far as it relates to compound feeding stuffs;
b
Parts A and B of Schedule 3; and
c
Part II of Schedule 6,
shall not apply in relation to any compound feeding stuff manufactured before 22nd January 1992 and sold before 31st December 1992, and in relation to any such compound feeding stuff the provisions of Schedule 1 (in so far as it relates to compound feeding stuffs) and Parts A, B and E of Schedule 3 to the Feeding Stuffs Regulations 1988 shall continue to apply for the purposes mentioned in regulations 5 and 10 below respectively.
3
The Feeding Stuffs Regulations 1988 shall not apply in relation to any compound feeding stuff to which paragraph (2) above would otherwise relate if that compound feeding stuff complies with the provisions of these Regulations.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Agriculture Act 1970;
“additive” means any substance, or preparation containing any substance, other than a premixture as defined, which, when incorporated into a feeding stuff, is likely to affect its characteristics or livestock production;
“ash” means the matter which results from the treatment of the feeding stuff in accordance with the appropriate procedure described in method 12 of Schedule 2 to the Feeding Stuffs (Sampling and Analysis) Regulations 1982 ;
“complementary feeding stuff” means a mixture of feeding stuffs which has a high content of certain substances and which, by reason of its composition, is sufficient for a daily ration only if it is used in combination with other feeding stuffs;
“complete feeding stuff” means a compound feeding stuff which, by reason of its composition, is sufficient to ensure a daily ration;
“compound feeding stuff” means a mixture of products of vegetable or animal origin in their natural state, fresh or preserved, or products derived from the industrial processing thereof, or organic or inorganic substances, whether or not containing additives, for oral animal feeding in the form of complete feeding stuffs or complementary feeding stuffs;
“daily ration” means the average total quantity of feeding stuff, expressed on 12 per cent moisture basis, required daily by an animal of a given kind, age group and level of production in order to satisfy all its nutritional needs;
“energy value” means the energy value of a feeding stuff calculated in accordance with the method described in Schedule 9;
“fat” means the extract obtained as a result of treatment of the feeding stuff in accordance with the appropriate procedure described in method 3 of Schedule 2 to the Feeding Stuffs (Sampling and Analysis) Regulations 1982 ;
“feeding stuff” has the meaning attributed to it by section 66(1) as modified by regulation 19(1);
“fibre” means the organic matter calculated as a result of treatment of the feeding stuff in accordance with the procedure described in method 9 of Schedule 2 to the Feeding Stuffs (Sampling and Analysis) Regulations 1982 ;
“ingredient” means —
a product of vegetable or animal origin, in its original state, fresh or preserved;
any product derived from such a product by industrial processing; or
any organic or inorganic substance;
whether containing additives or not, which is intended for circulation as a straight feeding stuff or for the preparation of a compound feeding stuff or as a carrier of a premixture;
“medicinal product” and “medicinal purpose” have the meanings assigned to them by section 130(1) and (2) respectively of the Medicines Act 1968 ;
“milk replacer feed” means a compound feeding stuff administered in dry form or after reconstitution with a given quantity of liquid for feeding young animals as a supplement to, or substitute for, post-colostral milk or for feeding calves intended for slaughter;
“mineral feeding stuff” means a complementary feeding stuff which is composed mainly of minerals and which contains at least 40 per cent by weight of ash;
“minimum storage life” means, in relation to a compound feeding stuff, the date until which, under proper storage conditions, that feeding stuff retains its specific properties;
“molassed feeding stuff” means a complementary feeding stuff prepared from molasses and which contains at least 14 per cent by weight of total sugar expressed as sucrose;
“moisture” means water and other volatile material determined in accordance with the procedure described in method 2 of Schedule 2 to the Feeding Stuffs (Sampling and Analysis) Regulations 1982;
“name”, in relation to an additive, means the name used in relation to that additive in the Table in Schedule 4;
“national list” means the list of manufacturers of compound feeding stuffs published in London by the Ministry of Agriculture, Fisheries and Food for the purposes of Article 3a(2)(a) of Council Directive 74/63/ EEC on undesirable substances and products in animal nutrition ;
“oil” means the extract obtained as a result of treatment of the feeding stuff in accordance with the appropriate procedure described in method 3 of Schedule 2 to the Feeding Stuffs (Sampling and Analysis) Regulations 1982;
“pet food” means a feeding stuff for pet animals and “compound pet food” shall be construed accordingly;
“premixture” means a mixture of additives, or a mixture of one or more additives with substances used as carriers, intended for the manufacture of feeding stuffs;
“protein” means the matter obtained as a result of treatment of the feeding stuff in accordance with the procedure described in method 4 of Schedule 2 to the Feeding Stuffs (Sampling and Analysis) Regulations 1982;
“protein equivalent of urea, biuret, urea phosphate and diureidoisobutane” means the amount of urea, biuret, urea phosphate and diureidoisobutane nitrogen multiplied by 6.25;
“starch” means the matter obtained as the result of treatment of the feeding stuff in accordance with method 30a or 30b, as appropriate, of Schedule 2 to the Feeding Stuffs (Sampling and Analysis) Regulations 1982;
“straight feeding stuff” means a vegetable or animal product in its natural state, fresh or preserved, and any product derived from the industrial processing thereof, and any single organic or inorganic substance, whether or not it contains any additive, intended as such for oral animal feeding.
2
Any reference in these Regulations to a numbered regulation or Schedule shall, unless the context otherwise requires, be construed as a reference to the regulation or Schedule bearing that number in these Regulations.
3
Any reference in these Regulations to a numbered section shall, unless the reference is to a section of a specified Act, be construed as a reference to the section bearing that number in the Act.
Descriptions of animals prescribed for the purpose of the definition of feeding stuff
3
For the purposes of the definition of feeding stuff in section 66(1), bulls, cows, steers, heifers, calves, sheep, lambs, goats, kids, swine, horses, deer, rabbits (other than pet rabbits), mink, partridges, pheasants, poultry, bees and farmed fish are prescribed animals.
Prescribed descriptions of material
4
The description of material prescribed for the purposes of sections 68(1) and 69(1) shall be any material usable as a feeding stuff (other than a straight feeding stuff intended for use as a pet food), and any material usable as an ingredient or additive in such a feeding stuff.
Matters required and permitted to be contained in a statutory statement or otherwise declared
5
The particulars, information and instructions required, and the particulars, information and instructions permitted, to be contained in a statutory statement or otherwise declared shall comply with the provisions of Schedule 1.
Forms of statutory statement
6
1
In the case of material of a prescribed description delivered in a package or other container the statutory statement shall either —
a
take the form of a label attached to that package or container; or
b
be clearly marked directly thereon;
and in the case of such material delivered in bulk, the statutory statement shall take the form of a document relating to each consignment.
2
The particulars, information and instructions required by section 68(1) and permitted by section 68(1A) to be contained in a statutory statement shall —
a
be clearly separate from any other information,
b
be in English, and
c
be legible and indelible.
3
For the purposes of section 69 (marking of material prepared for sale), material of a prescribed description which is contained in a package or other container shall be labelled or marked in the manner prescribed in relation to such material in paragraph (1) of this regulation, and such material in bulk shall be marked by the display in as close proximity to the material as may be practicable of a document relating thereto.
4
In this regulation “a prescribed description” means a description prescribed by regulation 4.
Time by which a statutory statement relating to certain material must be given
7
For the purpose of section 68(3), any statutory statement required to be given on the sale of any straight feeding stuff delivered in bulk may be given as soon as practicable after delivery to the purchaser.
Register of marks
8
1
As respects any straight feeding stuff the matters required by section 69(1) to be marked on that material may be denoted by a mark whose meaning can be ascertainedby reference to a register kept in accordance with this regulation.
2
In the case of any compound feeding stuff, not being of a standard formulation on general sale by the seller concerned, which is specially manufactured or mixed to the order of a particular purchaser, there shall be an indication in a document, ticket or notice which is readily apparent and unequivocally associated with the material, of the type of feeding stuff and of the name or trade name and of the address or registered office of the manufacturer. The other matters required by section 69(1) to be marked on the material may be denoted by a mark whose meaning can be ascertained by reference to a register kept in accordance with this regulation.
3
The register shall show those matters to which the mark relates, being matters required to be contained in a statutory statement relating to the material to which the mark relates, and the date of entry of those particulars in the register, and entries relating to material of a kind mentioned in paragraph (2) of this regulation shall include the name and address of the purchaser, the date of the order and the amount ordered. The register shall be kept as a separate record in book form marked on the outside “Register of marks under section 69(6) of the Agriculture Act 1970” and shall be kept on the premises where the material is held for the purpose of selling it in the course of trade for use as a feeding stuff, save that if the material is in a public store the register shall be kept on the premises of the person who has the material for sale.
4
The period for which the register is to be preserved in accordance with section 69(7) shall be a period of six months commencing on the first day on which none of the materials referred to in the register remains on the premises for sale as aforesaid.
5
The register shall be made and kept by the seller concerned.
Assigned meanings
9
For the purposes of section 70 the meaning assigned by these Regulations to “complementary feeding stuff”, “complete feeding stuff”, “compound feeding stuff”, “feeding stuff”, “milk replacer feed”, “mineral feeding stuff” and “molassed feeding stuff” shall be in each case the meaning given to that name or expression by regulation 2(1).
Limits of variation
10
For the purposes of section 74, the limits of variation in relation to any mis-statement in a statutory statement or mark as to the nature, substance or quality of a feeding stuff, which relates to an analytical constituent or energy value mentioned in the first column of Schedule 3, shall be as set out with respect to that constituent or value inthe second column of the said Schedule.
Manner of packaging and sealing compound feeding stuffs, additives and premixtures
11
1
Subject to paragraphs (2), (3) and (4) below, no person shall sell a compound feeding stuff or any additive or premixture unless it is in a bag or container and unless that bag or container is sealed in such a way that when the bag or container is opened the seal is damaged and cannot be re-used.
2
Compound feeding stuffs may be sold in bulk, in unsealed bags or in unsealed containers in the case of —
a
deliveries between producers or sellers of compound feeding stuffs;
b
deliveries from producers of compound feeding stuffs to packaging enterprises;
c
compound feeding stuffs obtained by mixing grain or whole fruit;
d
blocks or licks;
e
small quantities not exceeding 50 kg in weight, which are intended for the final user and are taken directly from a bag or container which before opening complied with the sealing provision of paragraph (1) above.
3
Compound feeding stuffs may be sold in bulk, or in unsealed containers, but not in unsealed bags, in the case of —
a
direct deliveries from the producer to the final user;
b
molassed feeding stuffs consisting of less than three ingredients;
c
pelleted feeding stuffs.
4
Additives and premixtures may be sold in bulk, in unsealed bags or in unsealed containers in the case of deliveries to manufacturers of premixtures or feeding stuffs.
Meanings of names and purity of materials
12
1
For the purposes of section 70, any name of a material specified in column 2 of Schedule 2 shall have the meaning assigned thereto in column 3 of the said Schedule.
2
No person shall sell, or have in possession with a view to sale, for use as a feeding stuff —
a
a vegetable material named in this subparagraph, of which the minimum botanical purity is less than the proportion specified in each case:
rapeseed expeller — 94%;
extracted rapeseed — 94%;
linseed expeller — 93%;
extracted linseed — 93%;
broken rice — 99%;
b
a vegetable material specified in column 2 of Schedule 2 other than one named in subparagraph (a) above, of which the botanical purity is less than 95%.
Control of added substances contained in feeding stuffs
13
1
No person shall sell, or have in possession with a view to sale, for use as a feeding stuff, or use as a feeding stuff, or import into Great Britain for such use any material containing any additive, unless the material complies with the relevant provisions of Schedule 4.
2
Paragraph (1) of this regulation shall not apply to any substance which is —
a
for use in accordance with a written direction given by a veterinary surgeon or veterinary practitioner for the treatment of a particular animal or particular animals under his care;
b
a medicinal product or for use for a medicinal purpose in a feeding stuff.
3
No person shall use as a feeding stuff or import into Great Britain for such use any material containing any added substance, not being a substance of a name or description specified in the Table in Schedule 4, which is deleterious to animals of any description specified in regulation 3, to pet animals, to human beings or to the environment.
4
No person shall sell, or have in possession with a view to sale, for use as a feeding stuff, or import into Great Britain for such use, any complementary feeding stuff which, when diluted as specified by the manufacturer for feeding to animals, contains levels of additives which exceed those specified in Schedule 4 in relation to complete feeding stuffs.
Control of feeding stuffs and ingredients containing undesirable substances
14
1
No person shall sell, or have in possession with a view to sale, for use as a feeding stuff, or use as a feeding stuff, any material specified in column 2 of Part I of Schedule 5 which contains any substance specified in column 1 of that Part in excess of the level specified in relation thereto in column 3 thereof.
2
No person shall sell, or have in possession with a view to sale, any complementary feeding stuff which contains a substance specified in column 1 of Part I of Schedule 5 unless —
a
that feeding stuff is specified in column 2 thereof; and
b
the instructions for use are so worded as to ensure that —
i
the feeding stuff is used only as part of a daily ration, and
ii
the daily ration contains no more of the specified substance than the level specified in relation thereto for complete feeding stuffs.
3
No person shall sell, or have in possession with a view to sale, for use as an ingredient, any material specified in column 2 of Part II of Schedule 5 which contains any substance specified in column 1 of that Part in excess of the level specified in relation thereto in column 3 thereof.
4
No person shall sell, or have in possession with a view to sale, for use as an ingredient, any material specified in column 2 of Part II of Schedule 5 which contains any substance specified in column 1 of that Part in excess of the level specified in relation to straight feeding stuffs in column 3 of Part I of that Schedule unless —
a
the material is intended for use only by manufacturers of compound feeding stuffs who are then listed in the most recently published national list; and
b
it is accompanied by a document stating —
i
that the material is intended only for the use specified in sub-paragraph (a) above,
ii
that the material may not be fed unprocessed to livestock, and
iii
the amount of the specified substance contained in the material.
5
Paragraphs (1) to (4) of this regulation shall not apply to any substance which is —
a
for use in accordance with a written direction given by a veterinary surgeon or a veterinary practitioner for the treatment of a particular animal or particular animals under his care;
b
a medicinal product or for use for a medicinal purpose in a feeding stuff.
6
No person shall sell, or have in possession with a view to sale, for use as a compound feeding stuff, or use as a compound feeding stuff, any material which contains —
a
faeces, urine or separated digestive tract content resulting from the emptying or removal of the digestive tract, irrespective of any form of treatment or admixture;
b
leather or leather waste;
c
seeds or other plant propagating materials which, after harvest, have undergone specific treatment with plant protection products for their intended propagation, or derived by-products;
d
wood, sawdust or other materials derived from wood treated with wood protection products; or
e
sludge from sewage plants treating waste waters.
Control of certain protein sources
15
1
No person shall sell, or have in possession with a view to sale, for use as a feeding stuff or as a protein source in a feeding stuff, any material belonging to a product group specified in column 1 of Schedule 7 unless that material —
a
is named as a permitted product in column 2 of that Schedule; and
b
complies with all the specifications and requirements contained in and imposed in relation thereto by columns 3 to 7 of that Schedule.
2
No person shall sell, or have in possession with a view to sale, for use as a feeding stuff, or use as a feeding stuff, any product obtained from yeasts of the “Candida” variety cultivated on n-alkanes.
Control of additives and premixtures
16
1
No person shall sell any additive in a bag or container which is not labelled or marked in accordance with Part I of Schedule 8 and paragraph (3) of this regulation.
2
No person shall sell any premixture in a bag or container which is not labelled or marked in accordance with Part II of Schedule 8 and paragraph (3) of this regulation.
3
Every label or mark required by paragraph (1) or (2) of this regulation shall conform to the provisions of regulation 6(1) and (2) as if such label or mark were a statutory statement.
Control of iron content of milk replacer feeds
17
No person shall sell, or have in possession with a view to sale, any milk replacer feed intended for calves of up to 70 kilograms live weight which has an iron content of less than 30 milligrams per kilogram of the complete feeding stuff at a moisture content of 12%.
Control of ash insoluble in hydrochloric acid in compound feeding stuffs
18
1
Subject to paragraph (2) below, no person shall sell, or have in possession with a view to sale —
a
any compound feeding stuff composed mainly of rice by-products in which the level of ash insoluble in hydrochloric acid exceeds 3.3% of its dry matter, or
b
any other compound feeding stuff in which the level of ash insoluble in hydrochloric acid exceeds 2.2% of its dry matter.
2
Paragraph (1)(b) above shall not apply to any compound feeding stuff which —
a
contains permitted mineral binders named or described in Part IV of the Table in Schedule 4; or
b
is a mineral feeding stuff; or
c
contains more than 50% of sugar beet chips or sugar beet pulp; or
d
is intended for farmed fish and has a fish meal content of more than 15%,
if the level of ash insoluble in hydrochloric acid is declared as a percentage of the feeding stuff as such in the statutory statement or elsewhere on the package, label or container; but in the case of a whole grain mix such a declaration shall not be required but may be made.
Modification of the Agriculture Act 1970 in relation to all feeding stuffs
19
1
For the definition of “feeding stuff” in section 66(1) there shall be substituted the following definition:
“feeding stuff” means —
a product of vegetable or animal origin in its natural state (whether fresh or preserved);
a product derived from the industrial processing of such a product; or
an organic or inorganic substance, used singly or in a mixture (and whether or not containing additives);
for oral feeding to pet aniamls and such descriptions of animals as may be prescribed, being animals which, or kinds of which, are commonly kept for the production of food, wool, skins or fur or for the purpose of their use in the farming of land;
.
2
For subsection (2) of section 66 there shall be substituted the following subsection —
2
For the purposes of this Act —
a
material shall be treated as sold for use as a fertiliser whether it is sold to be so used by itself or as an ingredient in something which is to be so used;
b
material shall be treated —
i
as imported or sold for use as a feeding stuff whether it is imported or, as the case may be, sold to be so used by itself or as an ingredient or additive in something which is to be so used; and
ii
as used as a feeding stuff whether it is so used by itself or as an ingredient or additive in something which is to be so used.
.
3
In subsection (1) of section 82 for the words “68(4)(b) and (c)” there shall be substituted the words “68(1A), (4)(b) and (c)” and for the words “and 73” there shall be substituted the words “73, 73A and 74A”.
Modification of the Agriculture Act 1970 in relation to imported feeding stuffs
20
1
In relation to feeding stuffs which have been imported section 69(1) shall have effect subject to the modifications provided for in the following paragraph.
2
The words “and in either case before it is removed from the premises” shall be omitted, and for the words “the material” there shall be substituted the words “any material which has been marked in accordance with this subsection”.
Inspector’s power to enter premises and inspect records
21
1
This regulation shall apply for the purpose of ensuring compliance with the following provisions insofar as they relate to compound feeding stuffs:
a
sections 68, 69, 70, 73, 73A and 74;
b
regulations 5, 14(6), 17 and 18, and Schedules 1 and 6.
2
An inspector appointed under section 67 may at all reasonable times enter any premises (not being premises used only as a dwelling) —
a
on which he has reasonable cause to believe any compound feeding stuff is manufactured, or
b
which he has reasonable cause to believe is occupied by a person engaged in the manufacture of any compound feeding stuff for purposes related to such manufacture by him, and may on those premises —
i
require any person engaged in the manufacture of any compound feeding stuff to produce any record, in written or any other form, relating to the manufacture by that person of any compound feeding stuff;
ii
inspect and take copies of any such record;
iii
where any such record is kept by means of a computer, have access to any computer and any associated apparatus or material which is or has been in use in connection with the record; and
iv
where any such record is kept as aforesaid, require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford him such assistance as he may reasonably require.
3
An inspector entering any premises by virtue of this regulation may take with him such other persons and such equipment as may appear to him to be necessary.
4
Section 83 shall apply in relation to the exercise or, as the case may be, the purported exercise, of any powers under this regulation as it applies in relation to the exercise or purported exercise of any power under Part IV of the Act.
Exemptions
22
These Regulations shall not apply to any feeding stuff which is intended for use only for —
a
the experimental investigation or testing of substances controlled under regulation 13; or
b
other purposes of scientific research or experiment,
and which is not generally available for sale, purchase or use as a feeding stuff, and is clearly marked to that effect.
Enforcement
23
Insofar as any provision of these Regulations is made under section 2(2) of the European Communities Act 1972, that provision shall be enforced as if it were made under those provisions of the Agriculture Act 1970 under which the other provisions of these Regulations are made and the provisions of Part IV of the said Agriculture Act shall apply accordingly.
Revocation
24
Subject to regulation 1(2), the Feeding Stuffs Regulations 1988 , the Feeding Stuffs (Amendment) Regulations 1989 and the Feeding Stuffs (Amendment) Regulations 1991 are hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 10th December 1991.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Strathclyde
Parliamentary Under Secretary of State, Scottish Office
5th December 1991
David Hunt
Secretary of State for Wales
13th December 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No.2) Order 1991 and shall come into force at 16.00 hours on 29th May 1991.
2
In this Order “bivalve mollusc” means bivalve molluscs of the class of lamellabranchia , and “relevant time” means one minute past midnight on 29th May 1991.
Designated circumstances
2
In the opinion of the Secretary of State, bivalve molluscs in the areas designated in article 3 below may be affected by the toxin which causes Paralytic Shellfish Poisoning in human beings and are likely to create a hazard to human health if they are consumed.
Designated areas
3
The two areas described in the Schedule to this Order are hereby designated for the purposes of Part I of the Food and Environment Protection Act 1985.
Activity prohibited in the designated areas
4
No person shall fish for or take any bivalve molluscs in the designated areas.
Prohibited movement of bivalve molluscs
5
No person shall move any bivalve molluscs out of the designated areas.
Restrictions throughout the United Kingdom
6
No person shall in the United Kingdom or in United Kingdom waters–
a
use any bivalve molluscs taken out of the designated areas after the relevant time in the preparation or processing for supply of food and anything from which food could be derived,
b
land any bivalve molluscs taken from waters in the designated areas after the relevant time,
c
supply, or have in possession for supply, any bivalve molluscs or any product derived from bivalve molluscs, from which food could be derived if such bivalve molluscs were taken from the designated areas after the relevant time,
d
supply, or have in possession for supply, any food or anything from which food could be derived in the preparation or processing of which anything was used in contravention of sub-paragraph (a) of this article,
e
feed to any creature a feeding stuff in the preparation or processing of which anything was used in contravention of sub-paragraph (a) of this article.
E.C. Davison
Assistant Secretary, Scottish Office
Pentland House,
Edinburgh
29th May 1991.


text:
1
The County Council of Humberside (River Hull Tunnel) Scheme 1989 is hereby confirmed without modifications.
2
The said scheme as confirmed (hereinafter referred to as “the Scheme”) is set out in the Schedule hereto and copies of the Scheme with its accompanying plans are deposited at the offices of the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY and at the offices of the County Solicitor, Humberside County Council, County Hall, Beverley, North Humberside HU17 9BA.
3
The Scheme will become operative on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
4
This Instrument may be cited as the County Council of Humberside (River Hull Tunnel) Scheme 1989 Confirmation Instrument 1991.
Signed by authority of the Secretary of State for Transport
P. A. Shaw
Regional Director Northern Region
Department of Transport
14th June 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the St Thomas' 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 St Thomas' 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 the St Thomas' 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 St Thomas' Hospital, Lambeth Palace Road, London, SE1 7EH including the management of its teaching and research facilities.
Directors of the trust
4
The trust shall have, in addition to the chairman 5 non-executive directors and 5 executive directors.
2
Since the trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 3(1)(d) of Schedule 2 to the Act one of the non-executive directors shall be appointed from London University.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1993.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date 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 West Lambeth 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 West Lambeth 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 West Lambeth Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Virginia Bottomley
Minister of State,
Department of Health
21st October 1991


text:
1
This Order may be cited as the Offshore Installations (Safety Zones) (No. 2) Order 1991 and shall come into force on 5th April 1991.
2
A safety zone is hereby established around each of the installations specified in Column 2 of the Schedule hereto (being installations stationed in waters to which subsection (7) of section 21 of the Act applies) having a radius of five hundred metres from the point as respects each installation which has the co-ordinates of latitude and longitude according to European Datum (1950) specified with respect to the installation in Columns 3 and 4 of the Schedule.
Colin Moynihan
Parliamentary Under Secretary of State,
Department of Energy
8th March 1991


text:
Citation and commencements
1
This Order may be cited as the Financial Services Act 1986 (Delegation) Order 1991 and shall come into force on the day after 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
1
Except as provided in paragraph (2) of this article, the functions of the Secretary of State under section 61(3) of the Act in relation to a contravention of a provision referred to in section 61(1)(a)(ii) or (iii) by a person who neither is, nor ever has been, an authorised person or an appointed representative are transferred to the designated agency subject to a reservation that they are to be exercisable by the Secretary of State concurrently with the designated agency.
2
The following functions are not transferred to the designated agency by virtue of paragraph (1) of this article, that is to say, functions with respect to a person who is an exempted person by virtue of section 42 of the Act in any case in which the contravention relates to, or has arisen in the course of, investment business as respects which the person is exempt.
Revocation
4
Paragraph 10 of Schedule 1 to the Financial Services Act 1986 (Delegation) Order 1987 is hereby revoked.
John Redwood
Minister of State,
Department of Trade and Industry
5th February 1991


text:
Citation and interpretation
1
1
This Order may be cited as the Planning and Compensation Act 1991 (Commencement No. 4 and Transitional Provisions) Order 1991.
2
In this Order —
“the 1990 Act ” means the Town and Country Planning Act 1990 ;
“the 1991 Act ” means the Planning and Compensation Act 1991.
Provisions coming into force for certain purposes on 25th November 1991
2
So much of the following provisions of the 1991 Act as enables provision to be made by rules of court, confers on the Secretary of State a power or imposes on him a duty to make or to make provision by development order or other order or regulations or to give or revoke directions, or makes provision with respect to the exercise of any such power or performance of any such duty, shall come into force on 25th November 1991:
section 3;
section 5
section 6(5);
section 10;
section 12(1) (so far as it is not already in force);
section 13(2);
section 16;
section 19;
section 20;
section 23(7) (so far as it relates to section 214A(2) of the 1990 Act);
section 25 (so far as it relates to paragraphs 7 and 15 of Part I of Schedule 3);
section 27 (except so far as it relates to paragraphs 3 and 26 of Schedule 4);
section 28; and
section 32 (so far as it relates to paragraphs 48 and 49 of Schedule 7).
Provisions coming into force on 2nd January 1992
3
Subject to article 4 the following provisions of the 1991 Act shall come into force on 2nd January 1992 —
section 30 (except for the purposes of any inquiry or hearing which, if it had taken place, would have been —
held in respect of an order submitted to the Secretary of State for his confirmation under section 98, 103 or 259 of or Schedule 9 to the 1990 Act, section 24 of the Planning (Listed Buildings and Conservation Areas) Act 1990 , or section 15 of the Planning (Hazardous Substances) Act 1990 ,
held in respect of an order submitted to the Secretary of State for his approval, under regulations made under section 220 of the 1990 Act, revoking or modifying an express consent within the meaning of such regulations, or
caused to be held by the Secretary of State in the exercise of his powers under section 252 of that Act);
section 70, so far as it is not yet in force;
section 80 as it applies in relation to England and Wales, so far as it is not yet in force.
Limitation on commencement of section 30
4
Section 30 shall not have effect so far as it applies to any inquiry or hearing occasioned by an application referred to the Secretary of State or an appeal made to him before 2nd January 1992, or by an order or notice submitted or sent to the Secretary of State before that date for his conformation or approval.
Signed by authority of the Secretary of State for the Environment
G. S. K. Young
Minister of State,
Department of the Environment
20th November 1991
David Hunt
Secretary of State for Wales
21st November 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Northallerton Health Services 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 Northallerton Health Services National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Northallerton Health Services 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 Friarage Hospital, Northallerton, North Yorkshire, DL6 1JG and associated hospitals;
b
to manage community health services provided from Friarage Hospital, Northallerton, North Yorkshire, DL6 1JG 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 1st April 1992.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date 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 Northallerton 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 Northallerton 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 Northallerton 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