text:
Title and commencement
1
These Regulations may be cited as the Fresh Meat and Poultry Meat (Hygiene, Inspection and Examinations for Residues) (Charges) Regulations 1990 and shall come into force on 1st January 1991.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“animals” means domestic animals of the following species: bovine animals (including buffalo), swine, sheep, goats and solipeds;
“appropriate Minister” means, as respects England, the Minister and, as respects Scotland and Wales, the Secretary of State;
“authorised officer” means a person authorised by a food authority to carry out a health inspection and control exercise;
“birds” means domestic fowls, turkeys, guinea-fowls, ducks and geese;
“carcase” means —
the whole body of a slaughtered animal or bird (other than an uneviscerated bird) after bleeding and dressing; or
the whole body of a slaughtered uneviscerated bird after bleeding;
“catering establishment” means a restaurant, canteen, club, public house, school, hospital or other establishment (including a vehicle or a fixed or mobile stall) where, in the course of a business, any meat or poultry meat is prepared for delivery to the ultimate consumer for immediate consumption;
“cold store” means premises used for the cold storage of meat or poultry meat intended for sale for human consumption but does not include any premises used wholly or mainly for sales of meat or poultry meat to the ultimate consumer;
“the Community standard charge” is —
in the case of each animal or bird inspected, the appropriate charge specified in column (3) in Part I of Schedule 1 opposite the animal or bird specified in column (1) in that part of that Schedule; and
in the case of unboned meat or unboned poultry meat intended for cutting up, the appropriate charge specified in column (3) in Part II of Schedule 1;
“cutting premises” means premises (whether or not forming part of a slaughterhouse) used for the purpose of cutting up any meat or poultry meat which is intended for sale for human consumption but does not include any premises used wholly or mainly for sales of meat or poultry meat to the ultimate consumer;
“cutting up” means —
in relation to meat, cutting meat into cuts smaller than half carcases cut into three wholesale cuts or boning meat;
in relation to poultry meat, cutting poultry meat carcases into cuts or boning poultry meat;
“ the Decision ” means Council Decision 88/408/ EEC on the levels of the fees to be charged for health inspections and controls of fresh meat pursuant to Council Directive 85/73/EEC ;
“ ECU ” means European Currency Unit as defined in Council Regulation (EEC) No. 3180/78 and any amount expressed as a number of ECUs shall be converted to sterling at such rate as shall be published annually on the first working day of September in the C Series of the Official Journal of the European Communities (as specified by article 9 of the Decision);
“food authority” means —
as respects the City of London, the Common Council;
as respects any district or London borough, the council of the district or borough; and
as respects Scotland, an islands or district Council;
“health inspection and control exercise” means an inspection or supervisory function carried out by a food authority at any slaughterhouse, cutting premises or cold store —
in England and Wales, under the Fresh Meat Export (Hygiene and Inspection) Regulations 1987 , the Meat Inspection Regulations 1987 , the Slaughterhouses (Hygiene) Regulations 1977 , the Poultry Meat (Hygiene) Regulations 1976 , the Food (Hygiene) (General) Regulations 1970 , the Food Hygiene (Docks, Carriers, etc. ) Regulations 1960 or the Food Hygiene (Markets, Stalls and Delivery Vehicles) Regulations 1966 ;
in Scotland, under the Fresh Meat Export (Hygiene and Inspection) (Scotland) Regulations 1987 , the Food (Meat Inspection) (Scotland) Regulations 1988 , the Slaughterhouse Hygiene (Scotland) Regulations 1978 , the Poultry Meat (Hygiene) (Scotland) Regulations 1976 and the Food Hygiene (Scotland) Regulations 1959 ;
“meat” means the flesh or other edible parts of animals but does not include meat which has been subject to any preservation process other than chilling or freezing;
“the minimum charge” is —
in the case of each animal or bird inspected, the appropriate charge specified in column (2) in Part I of Schedule 1 opposite the animal or bird specified in column (1) in that part of that Schedule; and
in the case of unboned meat or unboned poultry meat intended for cutting up, the appropriate charge specified in column (2) in Part II of Schedule 1;
“the Minister” means the Minister of Agriculture, Fisheries and Food;
“poultry meat” means the flesh or other edible parts of birds but does not include poultry meat which has been subject to any preservation process other than chilling or freezing;
“real cost”, in relation to the carrying out of a health inspection and control exercise, means the cost of such an exercise calculated in accordance with the provisions of regulation 8;
“the residues Regulations ” means the Animals and Fresh Meat (Examination for Residues) Regulations 1988 and the Animals and Fresh Meat (Hormonal Substances) Regulations 1988 ;
“slaughterhouse” means —
a slaughterhouse licensed by a local authority under the Slaughterhouses Act 1974 , the Poultry Meat Hygiene Regulations 1976 or the Poultry Meat (Hygiene) (Scotland) Regulations 1976;
a slaughterhouse registered with a local authority under the Slaughter of Animals (Scotland) Act 1980 ; or
a public slaughterhouse provided by a local authority under section 15 of the Slaughterhouses Act 1974 or section 1 of the Slaughter of Animals (Scotland) Act 1980;
“ultimate consumer” means a person who purchases meat or poultry meat otherwise than —
for the purpose of resale,
for the purpose of a catering establishment, or
for the purpose of a processing business.
2
Any reference in these Regulations to a numbered regulation or Schedule shall be construed as a reference to the regulation or Schedule bearing that number in these Regulations.
Charges for health inspection and control exercises
3
1
Every food authority shall make a charge for every health inspection and control exercise carried out by it at a slaughterhouse, cutting premises or a cold store.
2
In connection with every health inspection and control exercise for which a charge is made under paragraph (1) above the Minister shall make a charge in respect of functions
Calculation of charges for health inspection and control exercises carried out at a slaughterhouse
4
1
Subject to paragraphs (2) and (3) below, the charge for a health inspection and control exercise carried out at a slaughterhouse shall be an amount equal to the Community standard charge less the charge for examinations for the presence of residues calculated in accordance with regulation 7.
2
Where the total of the real cost of carrying out a health inspection and control exercise at a slaughterhouse and the charge for examinations for the presence of residues is lower than the Community standard charge then —
a
where that total is higher than the minimum charge, the charge shall be an amount equal to that real cost; or
b
where that total is no higher than the minimum charge, the charge shall be an amount equal to that minimum charge less the charge for examinations for the presence of residues.
3
Where the total of the real cost of carrying out a health inspection and control exercise at a slaughterhouse and the charge for examinations for the presence of residues is higher than the Community standard charge, the charge shall be such an amount as is fixed by the food authority being —
a
an amount not exceeding that real cost; or
b
an amount equal to the Community standard charge less the charge for examinations for the presence of residues.
Calculation of charges for health inspection and control exercises carried out at cutting premises
5
1
Subject to paragraphs (2), (3) and (4) below, the charge for a health inspection and control exercise carried out at any cutting premises shall be the Community standard charge.
2
Where the real cost of carrying out a health inspection and control exercise at any cutting premises is lower than the Community standard charge then —
a
where the real cost is higher than the minimum charge, the charge shall be an amount equal to that real cost; or
b
where that real cost is no higher than the minimum charge, the charge shall be an amount equal to that minimum charge.
3
Where the real cost of carrying out a health inspection and control exercise at any cutting premises is higher than the Community standard charge, the charge shall be such an amount as is fixed by the food authority being —
a
an amount not exceeding that real cost; or
b
the Community standard charge.
4
Where cutting up is carried out at any cutting premises which are part of a slaughterhouse at which an animal or bird was slaughtered, the charge for a health inspection and control exercise in relation to that cutting up may be reduced by an amount, to be determined by the food authority, of not more than 50 per cent of the amount that would otherwise be chargeable in accordance with regulation 5(1).
Calculation of charges for health inspection and control exercises carried out at a cold store
6
The charge for a health inspection and control exercise carried out at a cold store shall be an amount equal to the real cost of carrying out that exercise.
Charges for examinations for the presence of residues
7
1
The charge referred to in regulation 3(2) shall be the appropriate charge specified in column (2) in Part III of Schedule 1 opposite the animal or bird specified in column (1).
2
Until such time as the measures to be taken by Member States for the examination of residues in poultry meat have been laid down in accordance with article 16 of Council Directive 86/469/EEC ( a charge shall not be made in accordance with paragraph (1) above in relation to poultry meat save that, prior to that time, it shall be assumed, for the purpose of making the calculations specified in regulation 4(2) and (3), that such a charge is made at the rate of 1.35 ECU per tonne of unboned poultry meat.
Calculation of real cost
8
1
The amount of the real cost of carrying out an inspection and control exercise calculated by a food authority for the purposes of these Regulations shall be reasonable; and, in calculating such real cost the factors which a food authority is to use in doing so are —
a
as from the time (if ever) when the factors used in respect of the calculation referred to in the first paragraph of Article 2.2 of the Decision are published in the Official Journal of the European Communities, those factors; and
b
until such time, the factors specified in Schedule 2.
2
In calculating the real cost of carrying out a health inspection and control exercise at a slaughterhouse for the purposes of these Regulations a local authority shall assume that the real cost of its administrative costs (being the costs specified in paragraphs 4 to 8 of Schedule 2) falls to be assessed at 0.725 ECU per tonne of unboned meat or unboned poultry meat.
Liability for and recovery of charges
9
1
Any charge made by a food authority under these Regulations shall be payable to it.
2
Any charge made by the Minister under these Regulations shall be payable to the food authority which carried out the health inspection and control exercise in connection with which that charge was made.
3
Any charge payable to a food authority under these Regulations shall be payable —
a
where the charge is in relation to a slaughterhouse, cutting premises or a cold store provided by a food authority by the person on whose behalf the slaughter, cutting up or storage (as the case may be) is carried out; and
b
in any other case, by the occupier of the slaughterhouse, cutting premises or cold store in relation to which the charge arises.
4
Any charge payable to a food authority under these Regulations shall be recoverable by it as a civil debt.
5
Where any charges have been paid to a food authority under paragraph (2) above the authority shall pay such charges to the Minister at such times and in such manner as the Minister shall direct.
Additional provisions relating to charges for health inspections and control exercises
10
1
A food authority shall, in making any charges for health inspection and control exercises, or, subject to paragraph (2) below, in varying any such charges, —
a
consult in writing the occupier of the premises affected by such charges about the amounts which the authority proposes to charge;
b
supply to any person consulted by it under sub-paragraph (a) above on his written request made within fourteen days of the day on which he was so consulted, details of the calculations used to decide the amounts of the proposed charges;
c
consider any representations which have been made (within 14 days of the day on which the details referred to in sub-paragraph (b) above were supplied by it) to it by, or on behalf of, any person whom it has supplied with those details and, after having regard to any such representations, determine the amounts of its charges; and
d
notify in writing all persons consulted under sub-paragraph (a) above of the amounts of such charges at least fourteen days before the day on which the charges are to be paid.
2
The provisions of paragraph (1) above shall not apply where a food authority proposes to vary the amounts of any charges for health inspection and control exercises as a result of any change in the rate at which ECUs are to be converted into sterling in the manner described in the definition of “ECU” in regulation 2 above.
Information to be provided to and by local authorities
11
1
An occupier of any slaughterhouse, cutting premises or cold store shall, on demand by a food authority, supply to the authority such information as it may from time to time reasonably require for the purpose of calculating charges under the Regulations for which he will be liable.
2
Each food authority shall provide the appropriate Minister with such information relating to the calculation of charges for the purposes of these Regulations as he may from time to time require and with copies of such representations made to it under regulation 10(1)(c) as he may so require.
Appeals
12
1
Where a food authority has determined a charge for a health inspection and control exercise then, if the occupier of the premises affected by the charge considers it to be excessive, he may, within 28 days of being notified of the amount of the charge under regulation 10(1)(d), appeal to the appropriate Minister against the amount of the charge on the ground that the food authority has determined an amount in respect of the real cost of the exercise which is unreasonably high.
2
Where an appeal is brought under paragraph (1) above the appropriate Minister shall consult with the food authority and if, after such consultation, he is satisfied that the ground of appeal mentioned in paragraph (1) exists, he shall require the authority to recalculate the amount of the charge in accordance with such directions as he may give to the authority with regard to such recalculation; and if, after such consultation, the appropriate Minister is not so satisfied he shall inform the authority and the occupier of the premises affected by the charge of this fact.
3
Pending the recalculation of the amount of a charge by a food authority in accordance with paragraph (2) above the charge originally determined by the authority shall continue in force and, when the authority has recalculated the amount of the charge in the required manner, the recalculated charge shall have effect from the date on which the original charge took effect and the authority shall repay to the occupier of the premises affected by the charge the amount of any excess paid by him to the authority since that date.
Amendments
13
1
The Poultry Meat (Hygiene) Regulations 1976 and the Poultry Meat (Hygiene) (Scotland) Regulations 1976 shall be amended by deleting therefrom regulations 22(1)(c), 22(3) and 23(b).
2
The Fresh Meat Export (Hygiene and Inspection) Regulations 1987 shall be amended by deleting therefrom regulation 13 and Schedule 16.
3
The Fresh Meat Export (Hygiene and Inspection) (Scotland) Regulations 1987 shall be amended by deleting therefrom regulation 13.
4
The Meat Inspection Regulations 1987 shall be amended by deleting therefrom regulations 13 and 14 and Schedule 4.
5
The Food (Meat Inspection) (Scotland) Regulations 1988 shall be amended by deleting therefrom Part VI and Schedule 7.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 7th December 1990.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Stephen Dorrell
Parliamentary Under Secretary of State for Health
10th December 1990
Strathclyde
Parliamentary Under Secretary of State, Scottish Office
10th December 1990
David Hunt
Secretary of State for Wales
7th December 1990


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Local Government Superannuation (Funds etc.) Regulations 1990 and shall come into force for the purposes of regulation 4 on 31st March 1990 and for all other purposes on 1st April 1990.
2
In these Regulations “the principal Regulations ” means the Local Government Superannuation Regulations 1986 , and unless the context otherwise requires any expression which is also used in the principal Regulations has the same meaning as in those Regulations.
Actuary’s certificates
2
1
This regulation shall apply to the rate of employer’s contributions for years beginning on or after 1st April 1990.
2
Regulation P6 of the principal Regulations is amended —
a
in paragraph (2), by substituting for the words “to ensure its solvency” the words “to ensure that the fund is able to meet 75% of its existing and prospective liabilities”, and
b
by substituting for paragraph (3) the following —
3
An individual adjustment is any percentage or amount by which in the actuary’s opinion contributions at the common rate should in the case of a particular body be increased or reduced —
a
having regard to existing or prospective liabilities of or benefits accruing to the fund arising from circumstances peculiar to that body; and
b
so as to ensure that the fund is able to meet its existing and prospective liabilities —
i
arising from any admission agreement, and
ii
in respect of any person who is, or when he was last a pensionable employee was, deemed to be in employment with that body by virtue of regulation B2 of the principal Regulations .
.
3
Where an administering authority has before the commencement of this regulation obtained a certificate under regulation P6 of the principal Regulations relating to the 3 years beginning on 1st April 1990 (“the first certificate”) —
a
the administering authority shall obtain from the actuary a further certificate which complies with regulation P6 as amended by this regulation; and
b
that further certificate shall have effect for the purposes of the principal Regulations in substitution for the first certificate.
4
This regulation does not affect regulation P6 as it is applied to the new funds referred to in regulation 2(1)(b) of the Local Government Superannuation (Water) Regulations 1989 by regulation 2(12) of and the Schedule to those Regulations.
Pensions increase
3
1
The principal Regulations are amended by substituting for regulation P14 the following:
Pensions increase
P14
1
In this regulation —
“the 1971 Act ” means the Pensions (Increase) Act 1971 ,
“the 1974 Act ” means the Pensions (Increase) Act 1974 ,
“the Schedule” means Schedule 3 to the 1971 Act,
“the last employing authority” has the same meaning as in paragraph 1(2) of the Schedule.
2
Where a pension (within the meaning of the 1971 Act) has become payable out of a superannuation fund maintained under these Regulations —
a
any increase of the pension under the 1971 Act or the 1974 Act shall be paid out of that superannuation fund;
b
where the last employing authority is a body which is required by regulation P7 to contribute to that superannuation fund or is a Water Act Company, the Schedule shall cease to have effect in relation to any such increase payable on or after 1st April 1990; and
c
where the last employing authority is not such a body or company, the Schedule shall continue to have effect in relation to any such increase.
3
Where in relation to any such pension the last employing authority is a Water Act Company, the cost of any increase of the pension under the 1971 Act or the 1974 Act payable on or after 1st April 1990 shall be reimbursed to the appropriate administering authority by the National Rivers Authority out of the new main fund referred to in regulation 2(1)(b) of the Local Government Superannuation (Water) Regulations 1989.
4
An administering authority shall carry and credit to their superannuation fund the amounts paid to them under paragraph (3) above or under the Schedule.
.
2
The Schedule to the Local Government Superannuation (Water) Regulations 1989 is amended by deleting paragraph 6.
Pensionable employees
4
Part I of Schedule 2 to the principal Regulations is amended by deleting the entries in both columns relating to the Board of Trustees of the National Museums and Galleries on Merseyside .
Signed by authority of the Secretary of State
David Hunt
Minister of State,
Department of the Environment
7th March 1990


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Fund Cold Weather Payments (General) Amendment Regulations 1990 and shall come into force on 12th December 1990.
2
In these Regulations “the Cold Weather Payments Regulations ” means the Social Fund Cold Weather Payments (General) Regulations 1988 .
Substitution of the Schedule to the Cold Weather Payments Regulations
2
For the Schedule to the Cold Weather Payments Regulations there shall be substituted the Schedule to these Regulations.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
20th November 1990


text:
Citation and commencement
1
These Regulations may be cited as the National Health Service (General Dental Services) (Miscellaneous Amendments) (No. 2) Regulations 1990 and shall come into force on 1st October 1990 immediately after the coming into force of the National Health Service (General Dental Services) (Miscellaneous Amendments) Regulations 1990 .
Amendment of the National Health Service (General Dental Services) Regulations 1973
2
1
The National Health Service (General Dental Services) Regulations 1973 shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 16 (application for services) in paragraphs (1) and (2) after sub-paragraph (a) there is inserted in each case the following sub-paragraph:–
aa
treatment on referral; or
.
3
In Schedule 1 (terms of service for dentists)–
a
in paragraph 3–
i
there is substituted for sub-paragraph (c) the following sub-paragraph:–
c
for a person who is receiving dental services from another dentist (whether or not pursuant to the National Health Service Act 1977 ), treatment on referral;
;
ii
in sub-paragraph (d)–
a
at the end of head (iii) after the semi-colon there is inserted the word “or”; and
b
after head (iii) there is inserted the following head:–
iv
who is referred to him under paragraph 16A(1);
;
b
in paragraph 13(1) for the words “under paragraph 12(1)” there are substituted the words “by another dentist who is providing dental services to that patient (whether or not pursuant to the National Health Service Act 1977) otherwise than under Part III of this Schedule”; and
c
after paragraph 16 there is inserted the following paragraph:–
Referral for occasional treatment
16A
1
Where a patient requires any occasional treatment and the dentist does not have the necessary facilities, experience or expertise to provide that occasional treatment, he shall, if the patient agrees, refer him in accordance with sub-paragraph (2) for the provision of that occasional treatment by another dentist under general dental services or by a hospital or other service provided under Part I of the National Health Service Act 1977.
2
In referring a patient under sub-paragraph (1) to another dentist or to a hospital or other service for that occasional treatment, the dentist shall–
a
give details of the oral condition of the patient and the reason for the referral to that other dentist or, as the case may be, that hospital or other service, either at the time of referral or as soon as practicable afterwards;
b
include with those details a statement of the amount paid to him by the patient under the National Health Service (Dental Charges) Regulations 1989 in respect of any occasional treatment already provided in the course of the occasional treatment during which the referral is made; and
c
indicate in his claim for remuneration in respect of that course of occasional treatment that the patient has been referred for the required occasional treatment.
3
A dentist who accepts a patient referred to him under sub-paragraph (1) shall provide only the occasional treatment which, in the opinion of the dentist, it is necessary for him to provide having regard to the reason for referral.
.
Amendment of the National Health Service (Service Committees and Tribunal) Regulations 1974
3
1
The National Health Service (Service Committees and Tribunal) Regulations 1974 shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 2(1) (interpretation) the following definition is inserted after the definition of “drugs”:–
“estimate” has the same meaning as in the General Dental Regulations;
.
3
In regulation 21 (appeals from Dental Practice Board) in paragraph (5)(b) for the words “on the grounds that the services to which the claim” there are inserted the words “or an estimate on the grounds that the services to which the claim or estimate”.
Amendment of the National Health Service (General Dental Services) (Miscellaneous Amendments) Regulations 1990
4
In regulation 17(5) of the National Health Service (General Dental Services) (Miscellaneous Amendments) Regulations 1990 for the words from “a complaint” to the end of the paragraph there are substituted the words
a complaint or a reference which relates to treatment, as part of general dental services, begun before 1st October 1990 except to the extent that–
a
such treatment is orthodontic treatment and is provided after the dentist in question has accepted the patient for care and treatment as mentioned in paragraph (1); or
b
such treatment is provided after the patient has been treated in accordance with paragraph (3) as having applied and been accepted for care and treatment under a capitation arrangement,
those Regulations shall apply to the investigation, referral or determination of that matter as if these Regulations had not been made.
.
K. Clarke
Secretary of State for Health
25th September 1990


text:
1
These Regulations may be cited as the Goods Vehicles (Operators' Licences) (Temporary Use in Great Britain) (Amendment) Regulations 1990 and shall come into force on 1st July 1990.
2
The Goods Vehicles (Operators' Licences) (Temporary Use in Great Britain) Regulations 1980 shall be amended —
a
in paragraph (1) of regulation 3
i
by insertion after the definition of “the Act” of the following definition: —
“Community cabotage authorisation” means an authorisation granted pursuant to Council Regulation ( EEC ) No. 4059/89 of 21 December 1989 laying down conditions under which non-resident carriers may operate national road haulage services within a Member State
;
ii
by the insertion at the end of paragraph (c) of the definition of “foreign goods vehicle” of the following words “except under a Community cabotage authorisation”;
iii
by the deletion of paragraph (c) of the definition of “Northern Ireland goods vehicle”; and
b
by the insertion of (1) at the beginning of regulation 4 (Exemptions for Northern Ireland and foreign goods vehicles used for certain purposes) so that that regulation becomes paragraph (1) and by the insertion after that paragraph of the following paragraph: —
2
Section 60(1) of the Act shall not apply to the use in Great Britain of a Northern Ireland goods vehicle for the carriage of goods loaded at one place in Great Britain and delivered at another place in Great Britain
; and
c
by the insertion after regulation 6 of the following regulation: —
Exemption for foreign goods vehicles with Community cabotage authorisations
6A
Notwithstanding anything in Regulations 7 to 33, section 60(1) of the Act shall not apply to the use in Great Britain of a foreign goods vehicle for the carriage of goods for hire or reward loaded at one place in Great Britain and delivered at another place in Great Britain if the vehicle is being so used by virtue of a Community cabotage authorisation and the authorisation is carried on the vehicle or, if the vehicle is a trailer, on the motor vehicle of which it is drawn
.
Signed by authority of the Secretary of State for Transport
Robert Atkins
Parliamentary Under Secretary of State,
Department of Transport
6th June 1990


text:
Citation and commencement
1
This Order may be cited as the European Communities (Designation) (No. 2) Order 1990 and shall come into force on 25th July 1990.
Designation of Ministers or departments
2
1
For the purposes of section 2(2) of the European Communities Act 1972 the Ministers or government department specified in column 1 of the Schedule to this Order are hereby designated in relation to the matters respectively specified in column 2 of that Schedule.
2
Where a Minister or government department is designated in relation to any item in column 2 of the said Schedule, then, for the purposes of the said section 2(2), that Minister or government department is also hereby designated in relation to anything supplemental or incidental to the matters specified in that item.
3
Where more than one Minister or government department is designated by this Order in relation to any matter, the designation has effect as respects the making of regulations by any of them or by more than one of them acting jointly.
4
Regulations made by a Northern Ireland department in pursuance of this Order shall form part of the law of Northern Ireland and not of any other part of the United Kingdom.
G. I. de Deney
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Companies (Summary Financial Statement) Regulations 1990 and shall come into force on 1st April 1990.
Interpretation
2
In these Regulations, unless otherwise stated:
“the 1985 Act ” means the Companies Act 1985 as amended by the Companies Act 1989 ;
“the 1989 Act ” means the Companies Act 1989;
“a listed public company” means a public company whose shares, or any class of whose shares, are listed within the meaning of section 251(1) of the 1985 Act;
“full accounts and reports” means a company’s annual accounts, the directors' report and the auditors' report on those accounts required to be circulated to members under section 238(1) of the 1985 Act and “full” in relation to any balance sheet, profit and loss account, group accounts or directors' report means any such document comprised in the full accounts and reports.
3
Regulations 4 to 9 have effect in connection with a summary financial statement of a listed public company for a financial year commencing on or after 23rd December 1989, whilst regulation 10 has effect for adapting those Regulations for a financial year of such a company commencing prior to that date, that is for a financial year to which the transitional arrangements set out in article 7 of, and Part II of Schedule 2 to, the Companies Act 1989 (Commencement No. 4 and Transitional and Saving Provisions) Order 1990 are applicable.
Cases in which a summary financial statement may be sent
4
1
A listed public company may send a summary financial statement to members of the company in accordance with section 251 of the 1985 Act and these Regulations, instead of copies of its full accounts and reports, in any case where it is not prohibited from doing so by any relevant provision in its memorandum or articles of association.
2
For the purposes of paragraph (1) above, any provision (however expressed) in a company’s memorandum or articles of association which requires copies of the full accounts and reports to be sent to members, or which forbids the sending of summary financial statements under section 251 of the 1985 Act, is a relevant provision, save that in the case of a company incorporated prior to 1st July 1985 a provision in its articles of association equivalent to Article 127 of Table A of Schedule 1 to the Companies Act 1948 (whether as originally enacted or as amended by Schedule 2 to the Companies Act 1976 ) is not a relevant provision in the case of a financial year of the company which commences prior to 23rd December 1989 in respect of which no accounts have been circulated to members under section 238(1) of the 1985 Act prior to 1st April 1990.
Conditions that must be complied with
5
A listed public company may not send out under section 251 of the 1985 Act a summary financial statement to a member, in place of copies of its full accounts and reports, unless the following conditions have been complied with:
a
the company must have ascertained, in accordance with section 251(2) of the 1985 Act and regulation 6 below, that the member does not wish to continue to receive copies of those documents;
b
the period allowed for laying and delivering full accounts and reports under section 244 of the 1985 Act for the financial year must not have expired;
c
the summary financial statement must have been approved by the board of directors and the original statement signed on behalf of the board by a director of the company;
d
the summary financial statement must state the name of the person who signed it on behalf of the board;
e
the summary financial statement of a company which is not required to prepare group accounts under Part VII of the 1985 Act must include the following statement in a prominent position: “This summary financial statement does not contain sufficient information to allow for a full understanding of the results and state of affairs of the company. For further information the full annual accounts, the auditors' report on those accounts and the directors' report should be consulted.”;
f
the summary financial statement of a company which is required to prepare group accounts under Part VII of the 1985 Act must include the following statement in a prominent position: “This summary financial statement does not contain sufficient information to allow for a full understanding of the results of the group and state of affairs of the company or of the group. For further information the full annual accounts, the auditors' report on those accounts and the directors' report should be consulted.”;
g
the summary financial statement must contain a conspicuous statement of the right of members, under section 239 of the 1985 Act to demand, free of charge, a copy of the company’s last full accounts and reports;
h
the summary financial statement must be accompanied by a printed card or form in respect of which any postage necessary for its return to the company has been, or will be, paid by the company and which is so worded as to enable a member, by marking a box and returning the card or form, to notify the company of either or both of the following matters:
i
that he wishes to receive full accounts and reports for the financial year covered by the summary financial statement, in reliance on his rights under section 239 of the 1985 Act;
ii
that he wishes to receive full accounts and reports for future financial years.
The manner in which the wishes of members are to be ascertained
6
1
For the purposes of section 251(2) of the 1985 Act, whether or not a member wishes to receive copies of the full accounts and reports for a financial year is to be ascertained:
a
from any relevant notification in writing he has given to the company as to whether he wishes to continue to receive (or, having previously chosen to receive a summary financial statement, to receive for the future) copies of the full accounts and reports or as to whether he wishes, instead of copies of those documents, to receive summary financial statements under section 251 of the 1985 Act; or
b
failing any such express notification, from any failure to respond to an opportunity given to the member to elect to receive copies of the full accounts and reports as part of a relevant consultation of his wishes by the company.
2
For the purposes of paragraph (1)(a) above, a notification is a relevant notification with respect to a financial year if it relates to that year (whether or not it has been given at the invitation of the company and whether before or after the date of these Regulations) and if it:
a
is received by the company not later than 28 days before the first date on which copies of the full accounts and reports are sent out to members in compliance with section 238(1) of the 1985 Act with respect to the financial year; and
b
has not been impliedly countermanded, where the notification is of a wish to receive full accounts and reports, by a failure by the member concerned to respond to a subsequent relevant consultation of his wishes.
3
For the purposes of this Regulation, a relevant consultation of the wishes of a member is a notice given to the member which:
a
states that for the future he will be sent a summary financial statement instead of the full accounts and reports of the company, unless he notifies the company in writing that he wishes to continue to receive those documents;
b
contains a statement in a prominent position that a failure to respond to the notice has important consequences;
c
accompanies a copy of the full accounts and reports;
d
accompanies a copy of a summary financial statement, prepared in accordance with section 251 of the 1985 Act and these Regulations, with respect to the financial year covered by those full accounts and reports and which is identified in the notice as an example of the document which the member will receive for the future unless he notifies the company to the contrary; and
e
is accompanied by a printed card or form, in respect of which any postage necessary for its return to the company has been, or will be, paid by the company, which is so worded as to enable a member, by marking a box and returning the card or form, to notify the company of either or both of the following matters:
i
that he wishes to receive full accounts and reports for the next financial year for which he is entitled to receive them,
ii
to notify it that he wishes to receive them for all future financial years.
Form and content of summary financial statements: Companies and groups other than banking and insurance companies and groups
7
1
The summary financial statement of a listed public company the directors of which are not required to prepare group accounts under Part VII of the 1985 Act, other than a banking or insurance company the directors of which have prepared accounts for the financial year in question in accordance with the special provisions of Part VII of the 1985 Act relating to banking and insurance companies, shall be in the form, and contain the information, required by Schedule 1 to these Regulations so far as applicable to such a company.
2
The summary financial statement of a listed public company the directors of which are required to prepare group accounts under Part VII of the 1985 Act, other than the parent company of a banking or insurance group the directors of which have prepared accounts for the financial year in question in accordance with the special provisions of Part VII of the 1985 Act relating to banking and insurance groups, shall be in the form, and contain the information, required by Schedule 1 to these Regulations, so far as applicable to such a company.
Form and content of summary financial statements: Banking companies and groups
8
1
The summary financial statement of a listed public company the directors of which are not required to prepare group accounts under Part VII of the 1985 Act and who, being entitled to do so by reason of the company being a banking company, have prepared accounts for the financial year in question in accordance with the special provisions of Part VII of the 1985 Act relating to banking companies shall be in the form, and contain the information, required by Schedule 2 to these Regulations, so far as applicable to such a company.
2
The summary financial statement of a listed public company the directors of which are required to prepare group accounts under Part VII of the 1985 Act and who, being entitled to do so by reason of the company being the parent company of a banking group, have prepared accounts for the financial year in question in accordance with the special provisions of Part VII of the 1985 Act relating to banking groups shall be in the form, and contain the information, required by Schedule 2 to these Regulations, so far as applicable to such a company.
Form and content of summary financial statements: Insurance companies and groups
9
1
The summary financial statement of a listed public company the directors of which are not required to prepare group accounts under Part VII of the 1985 Act and who, being entitled to do so by reason of the company being an insurance company, have prepared accounts for the financial year in question in accordance with the special provisions of Part VII of the 1985 Act relating to insurance companies shall be in the form, and contain the information, required by Schedule 3 to these Regulations, so far as applicable to such a company.
2
The summary financial statement of a listed public company the directors of which are required to prepare group accounts under Part VII of the 1985 Act and who, being entitled to do so by reason of the company being the parent company of an insurance group, have prepared accounts for the financial year in question in accordance with the special provisions of Part VII of the 1985 Act relating to insurance groups shall be in the form, and contain the information, required by Schedule 3 to these Regulations, so far as applicable to such a company.
Requirements relating to financial years commencing prior to 23rd December 1989
10
1
In this regulation:
“the unamended 1985 Act” means the provisions of the Companies Act 1985 prior to any repeal, re-enactment or amendment of those provisions by the 1989 Act; and
“relevant financial year” means a financial year of a company commencing prior to 23rd December 1989;
and other expressions shall, unless the contrary appears, bear the meaning they have in Part VII of the unamended 1985 Act.
2
Regulations 4 to 9 above shall apply as if:
a
references to “full accounts and reports”were to a company’s accounts for a financial year within the meaning of section 239 of the unamended 1985 Act, and “full” in relation to any balance sheet, profit and loss account, group accounts or directors' report meant any such document comprised in the company’s accounts for a financial year;
b
references to:
i
Part VII of the 1985 Act were read as references to Part VII of the unamended 1985 Act;
ii
section 238(1) were read as references to section 240(1) of the unamended 1985 Act;
iii
section 239 were read as references to section 246 of the unamended 1985 Act;
iv
section 244 were read as references to section 242 of the unamended 1985 Act.
3
The summary financial statement of a listed public company for a financial year commencing prior to 23rd December 1989 shall be in the form, and contain the information, required by Schedule 4 to these Regulations so far as applicable to such a company.
John Redwood
Parliamentary Under-Secretary of State for Corporate Affairs,
Department of Trade and Industry
7th March 1990


text:
Title and commencement
1
This Order may be cited as the Sea Fishing (Enforcement of Community Control Measures) (Amendment) Order 1990 and shall come into force on 10th January 1991.
Amendment of the Sea Fishing (Enforcement of Community Control Measures) Order 1985
2
The Sea Fishing (Enforcement of Community Control Measures) Order 1985 shall be amended by substituting in article 2 thereof for the definition of “the Commission Regulation” the following definition —
“the Commission Regulation” means Commission Regulation ( EEC ) No. 2807/83 laying down detailed rules for recording information on Member States' catches of fish , as read with the Commission communication of 29th January 1985 concerning the date of application of that Regulation , and as amended by the Act concerning the conditions of accession of the Kingdom of Spain and the Portuguese Republic to the European Economic Community and Commission Regulation (EEC) No. 473/89 ;
.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 4th December 1990.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Strathclyde
Parliamentary Under Secretary of State, Scottish Office
6th December 1990
David Hunt
Secretary of State for Wales
6th December 1990
Peter Brooke
Secretary of State for Northern Ireland
10th December 1990


text:
1
These Regulations may be cited as the Civil Aviation (Route Charges for Navigation Services) (Second Amendment) Regulations 1990 and shall come into force on 1st January 1991.
2
The Civil Aviation (Route Charges for Navigation Services) Regulations 1989 shall be amended as follows:
1
For Schedule 2 thereof there shall be substituted —
SCHEDULE 2
SPECIFIED AIRSPACES
Regulations 3(1), 6 and 7
(1) (2) (3) (4) Country Publication in which FIRS are described Unit Rate in ECUs Established at a Rate of exchange of
†
Excluding Shanwick FIR
Austria AIP Austria 54.27 1 ECU = 14.5516 Sch Belgium AIP Belgique 58.26 1 ECU = 42.5737 BF Cyprus AIP Cyprus 17.97 1 ECU = 0.581159 £Cy France AIP France (France Metropolitaine) 56.73 1 ECU = 6.93764 FF Germany AIP Germany 54.34 1 ECU = 2.06814 DM Greece AIP Greece 17.17 1 ECU = 202.535 Dra Ireland, Republic of AIP Ireland 25.32 1 ECU = 0.771197 £Ir Malta AIP Malta 43.48 1 ECU = 0.401704 Lm Netherlands AIP Netherlands 43.67 1 ECU = 2.33019 G Portugal AIP Portugal 44.89 1 ECU = 181.655 Esc Santa Maria FIR 14.13 Spain AIP Espana Madrid & Barcelona 1 ECU = 136.813 Pts FIRS-50.91 Canaries FIRS-49.52 Switzerland AIP Switzerland 64.02 1 ECU = 1.75741 SF Turkey AIP Turkey 35.27 1 ECU = 3360.74 LT United Kingdom United Kingdom Air Pilot 82.94 1 ECU = £0.698131
2
For Schedule 3 thereof there shall be substituted —
SCHEDULE 3
Regulation 7
(1) (2) (3) Aerodromes of departure (or its first destination) situated Aerodromes of first destination (or of departure) Amount of the of charge in ECUs
ZONE 1 — between W01400 W11000 and North of N5500 with the exception of Iceland Frankfurt 1172.71 London 812.42 Paris 1063.18 Prestwick 425.48 ZONE II — between W04000 and W11000 and N2800 and N5500 Abidjan 182.98 Amman 1494.11 Amsterdam 791.88 Athens 1133.84 Barcelona 770.91 Basle 864.61 Belfast 187.05 Belgrade 1263.51 Berlin 984.63 Birmingham 454.39 Bordeaux 465.20 Brussels 793.21 Budapest 1391.41 Cairo 1022.41 Cardiff 338.17 Casablanca 411.24 Cologne-Bonn 901.49 Copenhagen 698.50 Dakar 186.23 Dublin 138.58 Dubrovnik 1207.82 Dusseldorf 890.69 Frankfurt 930.61 Geneva 835.52 Glasgow 276.23 Hamburg 607.23 Helsinki 466.12 Jeddah 1081.97 Lagos 178.18 Lamezia-Terme 884.65 Las Palmas (Canary Islands) 533.37 Lille 654.59 Libson 457.22 Llubljana 1163.02 London 540.23 Luxembourg 859.61 Lyons 754.67 Maastricht 810.69 Madrid 582.38 Malaga 693.46 Manchester 412.00 Milan 976.02 Monrovia 177.33 Moscow 500.55 Munich 1107.80 Nantes 401.45 Naples 911.78 Newcastle 478.92 Nice 1093.94 Oporto 328.47 Oslo 481.05 Ostend 697.39 Paris 676.83 Pisa 836.93 Ponta Delgada (Azores) 183.97 Prague 996.91 Prestwick 276.23 Riyadh 1418.53 Rome 989.87 Sal Island (Cape Verde) 207.00 Santa Maria (Azores) 196.83 Santiago 276.88 Shannon 96.22 Stockholm 491.46 Stuttgart 956.87 Tel-Aviv 1401.09 Tenerife 492.70 Toulouse-Blagnac 637.76 Turin 979.26 Venice 1104.23 Vienna 1276.19 Warsaw 704.17 Zagreb 1263.51 Zurich 996.87 ZONE III West of W11000 and Amsterdam between N2800 and N5500 898.63 Copenhagen 741.48 Dusseldorf 964.95 Geneva 1198.28 Frankfurt 975.87 London 762.20 Luxembourg 1063.14 Madrid 460.08 Manchester 603.32 Milan 959.43 Paris 868.30 Prestwick 379.87 Shannon 91.66 Zurich 1257.78 ZONE IV West of W04000 and between N2000 and N2800 (including Mexico) Amsterdam 775.43 Berlin 784.13 Brussels 769.13 Cologne-Bonn 876.42 Copenhagen 754.02 Dusseldorf 919.50 Frankfurt 936.10 Hamburg 961.13 Helsinki 468.61 London 590.08 Madrid 738.45 Manchester 402.45 Milan 849.19 Oslo 474.42 Paris 625.73 Prague 1041.69 Sal Island (Cape Verde) 115.72 Santa Maria (Azores) 197.96 Shannon 195.82 Stockholm 524.50 Vienna 1195.06 Zurich 861.36 ZONE V West of W04000 and between the equator and N2000 Amsterdam 1091.41 Basle 1129.43 Bordeaux 886.62 Dusseldorf 1006.54 Frankfurt 1084.08 Las Palmas (Canary Islands) 639.79 Lisbon 626.91 London 777.50 Lyons 1074.24 Madrid 807.55 Manchester 626.08 Marseilles 1198.47 Milan 1189.05 Nantes 741.07 Oporto 609.64 Paris 853.40 Porto Santo (Madeira) 392.84 Rome 1319.95 Santa Maria (Azores) 259.00 Santiago 610.74 Shannon 315.50 Tenerife 634.84 Toulouse-Blagnac 1050.17 Zurich 1177.39
Signed by authority of the Secretary of State for Transport
Patrick McLoughlin
Parliamentary Under Secretary of State,
Department of Transport
5th December 1990


text:
PART I
GENERAL
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Non-Domestic Rating (Collection and Enforcement) (Miscellaneous Provisions) Regulations 1990 and shall come into force on 26th February 1990.
2
In these Regulations —
“ the Act ” means the Local Government Finance Act 1988; and
“the principal Regulations ” means the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989 .
PART II
JOINT OWNERS AND OCCUPIERS
Interpretation of Part II
2
1
Unless the context otherwise requires, expressions used in this Part which are also used in Parts II or III of the principal Regulations have the same meaning as they have in those Parts.
2
Regulation 2 of the principal Regulations applies to the service of a notice under this Part as it applies to the service of a notice under those Regulations.
Joint owners and occupiers
3
1
This regulation applies in any case where (apart from this regulation) there would at a particular time be more than one occupier of a hereditament which is shown in a local non-domestic rating list, or of part of such a hereditament, or more than one owner of the whole of an unoccupied heeditament so shown.
2
Where this regulation applies —
a
as regards any time in a chargeable financial year when there is only one such owner or occupier, section 43 or 45 of the Act (as the case may be) shall apply (but subject to any amendments to those sections having effect by or under Schedule 7A to the Act in any case and to any amount or rules determined or prescribed under section 47(1)(a) or 58(3)(a) of the Act), and
b
as regards any time in a chargeable financial year when there is more than one such owner or occupier, the owners or occupiers shall be jointly and severally liable to pay the amount that would have been payable by way of non-domestic rate with respect to that time if there were only one such owner or occupier (as the case may be).
3
Part II of the principal Regulations (billing) shall have effect to accord with paragraph (2); and in particular a notice which falls to be given under that Part which relates to a time when paragraph (2)(b) applies (or pursuant to regulation 6(1) of the principal Regulations is assumed to apply) may be given —
a
severally to each or any of the owners or occupiers concerned from whom payment is demanded (in which case references in that Part to “the ratepayer” shall as regards such a notice be construed as references to the owner or occupier to whom it is given, and the notice may also relate to a timein the relevant year when paragraph (2)(a) applies in relation to him and the hereditament concerned), or
b
where the owners or occupiers concerned are jointly and severally liable as partners or trustees, jointly to the partnership or trust (in which case only a single notice need be given in respect of them and references to “the ratepayer” in that Part shall be construed as regards the notice as references to the partners or trustees jointly).
4
A notice given to a partnership or trust pursuant to paragraph (3)(b) may be served —
a
in the case of a partnership, in the manner described in section 233(3)(b) of the Local Government Act 1972 (“the 1972 Act ”), or
b
in the case of a trust, by being served on one of the trustees;
and where such a notice as is mentioned in regulation 2(2) of the principal Regulations falls to be served on a partnership, a person having control or management of the partnership business or a trust under this paragraph, the proper address of the partnership, person or trust (as the case may be shall include (as well as the address mentioned in section 233(4) of the 1972 Act) any place of business which is a hereditament to which the notice relates.
5
Where a notice is given pursuant to paragraph (3)(a) to more than one person in respect of the same amount, the charging authority shall notify that fact to each person to whom notice is so given.
6
Where a notice given pursuant to paragraph (3)(a) to a ratepayer relates to a time in the relevant year when paragraph (2)(a) applies and a time when paragraph (2)(b) applies (or are assumed to apply), any payment made by the ratepayer under the notice shall be treated as being made towards stisfaction of the amount for which he is solely liable unless and until his liability in respect of that amount is discharged.
7
For the purposes of any time to which paragraph (2)(b) applies, the requirement in section 43(6), 45(6) and 47(2)(a) of the Act that the ratepayer should be a charity or trustees for a charity is met if one or more of the owners or occupiers jointly and severally liable is a charity or (as th case may be) some or all of them are trustees for a charity.
8
Where, under Part II of the principal Regulations as applied by this regulation, any sum paid in respect of an amount calculated by reference to paragraph (2)(b) falls to be repaid, it may be repaid to such of the owners or occupiers concerned as the charging authority considers appropriate.
9
Paragraphs (2)(b) and (8) are without prejudice to any right or duty in law or equity (whether under the terms of any trusts on which the hereditament concerned is held or otherwise) of an owner or occupier who has made a payment, or receives a repayment, in respect of a liability under paragaph (2)(b) to recover all or part of the payment from, or to account for all or part of the repayment to, the other owners or occupiers or any beneficiaries interested in the hereditament; but insofar as in any particular case no such right or duty exists (and the owner or occupier is not himself n consequence of any such provision in law or equity obliged to bear the burden of the payment or entitled to receive the benefit of the payment or contribution), such payments shall be due between the owners or occupiers (as the case may be) as will secure that in respect of a liability falling wthin paragraph (2)(b) the burden or benefit of the payment or repayment accrues to them in equal shares.
Joint owners and occupiers: enforcement
4
1
Part III of the principal Regulations (enforcement) shall have effect, with the following modifications, for the recovery of a sum for which persons are liable under Part II of those Regulations as applied by regulation 3 above.
2
Subject to paragraph (3) a reminder notice shall be served in accordance with regulation 11(1) and (2) of the principal Regulations on every person against whom an application for a liability order is to be made.
3
A reminder notice need not be served on a person who has been served under regulation 8(1) of the principal Regulations (whether jointly or severally) with a notice in respect of the amount concerned where there has been such a failure by him as is mentioned in regulation 8(2)(a) of those Reglations in relation to the notice.
4
Regulation 3(3) to (6) above applies to a reminder notice as it applies to a notice under Part II of the principal Regulations.
5
A liability order may be applied for and made against one or more of the owners or occupiers concerned in respect of an amount to which regulation 3(2)(b) applies (or pursuant to regulation 6(1) of the principal Regulations is assumed to apply), whether they have been served with a notice in espect of the amount jointly or severally.
6
Where a liability order has been made against more than one person in respect of an amount, subject to paragraph (10) distress may be made against one or more of them.
7
Where distress has been made against more than one person in respect of an amount, a warrant of commitment may be applied for at any time against one of them or different warrants may be applied for against more than one of them.
8
Where distress has been made against one person only, a warrant of commitment may be applied for against that person.
9
Where a liability order has been made against more than one person in respect of an amount, and a warrant of commitment is issued against (or a term of imprisonment is fixed in the case of) one of them under regulation 16(3) of the principal Regulations, no steps, or no further steps, may be aken against any of them by way of distress, bankruptcy or winding up in relation to the amount mentioned in regulation 16(4) of those Regulations.
10
Where a liability order has been made against more than one person in respect of an amount —
a
subject to regulation 5(6), steps by way of distress, commitment, bankruptcy or winding up may not be taken against a person in respect of the amount while steps by way of another of those methods are being taken against him in respect of it, and
b
subject to paragraph (11) and regulation 5(4), steps by way of distress may not be taken against a person in respect of an amount whilst steps by way of distress are being taken against one of the others in respect of it.
11
Where a liability order has been made against more than one person in respect of an amount and in making distress against one of them goods jointly owned by him and another of them are found, paragraph (10)(b) does not preclude distress being levied against those goods with respect to that aount; but in any subsequent proceedings under regulation 16 of the principal Regulations (commitment), charges arising under Schedule 3 to those Regulations from such a distress shall be treated as charges relating to the person against whose goods the levy was intended to be made when the jointly owned goods were found, and not as charges relating to the other.
12
Where a liability order has been made against more than one person in respect of an amount, paragraph 2(2) of Schedule 3 to the principal Regulations shall have effect so that if a charge has arisen against one of them under head B of the Table to paragraph 1 of that Schedule as regards a ley in respect of it, no further charge may be aggregated for the purposes of regulation 14(2) of those Regulations under heads A or B in consequence of any subsequent levy or attempted levy against any of them in respect of the amount; and if a charge has arisen under head A against one of them, itshall be treated as a charge under that head with respect to the others as well as that one for the purposes of the calculation of any subsequent charge under heads A or B against any of them.
13
Where a liability order is made against one person in respect of an amount, and also against another person or persons (whether at the same time as the order against the first mentioned person or subsequently and whether in respect of all or part of that amount), the order made as respects al but the relevant person shall not include under regulation 12(6)(b) or (7) of the principal Regulations any additional sum in respect of the costs of obtaining the order against the other or others, but they (with the relevant person) shall be treated as jointly and severally liable for the amout included in the order against the relevant person in respect of costs, and the order against them shall (as regards regulations 12(6)(b) or (7) of those Regulations) be made in respect of the sum outstanding in relation to it; and for this purpose the relevant person is the person against whom the liability order was first made in respect of the amount, or if there are more than one such, such one of them as the court considers appropriate.
14
Paragraph (13) is not to be construed as permitting a charging authority to apply under regulation 12(2) of the principal Regulations for a liability order against a person in respect of costs alone after an order has been made for those costs against another person.
Enforcement in relation to partnerships
5
1
Where persons are liable to pay an amount to which regulation 3(2)(b) applies (or is assumed to apply) as partners in consequence of the service of a notice pursuant to regulation 3(3)(b), a liability order in relation to it may be applied for and made against them in their firm name; and uch an order shall be as effective as if orders were made against each partner concerned in respect of his liability for that amount.
2
If a liability order is made against partners in their firm name in respect of an amount and no order has earlier been made against another person in respect of it, references in regulation 4(13) to the relevant person shall be construed as references to the partnership.
3
Without prejudice to regulation 13(2) of the principal Regulations, a summons issued pursuant to an application for a liability order against partners in their firm name may be served by leaving it at, or by sending it by post to the partnership at, the principal office of the partnership.
4
Where a liability order has been made against partners in their firm name in respect of an amount, regulation 4(10)(b) does not preclude distress being levied against partnership property with respect to that amount; and in any subsequent proceedings under regulation 16 of the principal Regultions (commitment), the partners shall be treated as jointly and severally liable for charges arising under Schedule 3 to those Regulations from such a distress.
5
Where a liability order is made against partners in their firm name, regulation 18(2) of the principal Regulations shall have effect as if the reference to a company included a reference to the partnership and the reference to section 221(5)(b) of the Insolvency Act 1986 were —
a
in a case where article 7 of the Insolvent Partnerships Order 1986 applies, a reference to section 221(5)(c) as applied by that article, or
b
in a case where article 8 of that Order applies, a reference to section 221(5) as substituted by paragraph (1)(c) of that article.
6
Where a liability order is made against partners in their firm name, regulation 4(10)(a) does not preclude insolvency proceedings being brought against the partnership as well as against members of the partnership, and those proceedings being dealt with in accordance with the Insolvent Partneships Order 1986.
PART III
AMENDMENTS TO PRINCIPAL REGULATIONS
Local non-domestic rating: billing
6
1
Part II of the principal Regulations (billing) is amended in accordance with this regulation.
2
In regulation 3(1), for the words from “(whether calculated” to “of the Act)” there are substituted the words “, whether calculated by reference to section 43(4) to (6) or 45(4) to (6) of the Act (as those provisions are amended or substituted in any case by or under Schedule 7A to the Act) o by reference to an amount or rules determined or prescribed under section 47(1)(a) or 58(3)(a) of the Act”.
3
In paragraph 6(1) of Schedule 1, after the words “in respect of a day” there are inserted the words “in the relevant year”.
4
In paragraph 7(2)(a) and (5) of Schedule 1, for the words “chargeable person” wherever they appear there are substituted the words “ratepayer”.
Local non-domestic rating: enforcement
7
1
Part III of the principal Regulations (enforcement) is amended in accordance with this regulation.
2
In paragraph (6) of regulation 12, for the words “The order shall” there are substituted the words “An order made pursuant to paragraph (5) shall”; and after that paragraph there is inserted —
7
Where the sum payable is paid after a liability order has been applied for under paragraph (2) but before it is made, the court shall nonetheless (if so requested by the charging authority) make the order in respect of a sum of an amount equal to the costs reasonably incurred by the authorty in making the application.
.
3
In regulation 13(1), after the words “such amount” (in both places where they occur) there are inserted the words “(or aggregate amount)”, and after the words “regulation 12(6)” there are inserted the words “and (7)”.
4
In regulation 18(2), the words “of that Act” are omitted, and at the end there are inserted the words “or, as the case may be, 221(5)(b) (winding up of unregistered companies) of that Act”.
5
In column (2) of head A of the Table to paragraph 1 of Schedule 3, for the words “not greater than” there are substituted the words “equal to”.
Outstanding liabilities on death
8
1
In regulation 24(2)(a) of the principal Regulations, for the words “the relevant costs” there are substituted the words “relevant costs”.
2
In regulation 24(5)(a) of those Regulations, after the words “regulation 12(6)(b)” there are inserted the words “or (7)”.
Chris Patten
Secretary of State for the Environment
31st January 1990
Peter Walker
Secretary of State for Wales
31st January 1990


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Sunderland and South Shields (Constitution and Regulation) Order 1990 and shall come into force on 28th November 1990.
2
In this Order —
“the 1845 Act ” means the Companies Clauses Consolidation Act 1845 ; and
“the 1863 Act ” means the Companies Clauses Act 1863 .
Approval of proposal contained in the special resolution
2
The proposal contained in the special resolution is hereby approved.
Cessation of local statutory provisions
3
The date specified for the purposes of section 101(2) of the Act as the date on which the local statutory provisions shall cease to have effect and the memorandum and articles shall come into force is 28th November 1990.
Consequential provision
4
The provisions of the Sunderland and South Shields Acts and Orders 1852 to 1987 referred to in Schedule 2 hereto are repealed to the extent indicated in that Schedule with effect from 28th November 1990.
Chris Patten
One of Her Majesty’s Principal Secretaries of State
2nd November 1990


text:
1
These Regulations may be cited as the Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) (Amendment) Regulations 1990 and shall come into force on 2nd April 1990.
2
The Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) Regulations, 1981 are hereby amended so that in the regulations specified in column 1 of the Table below for the amounts specified in column 2 of the Table there shall be substituted the amounts specified in column 3 of the Table.
(1) (2) (3) Regulation Existing amount Substituted amount
46(2)(a) £115 £123 46(2)(b)(i) £115 £123 46(2)(b)(ii) £14 £14.75 50(a) £665 £710 £63 £67 50(b) £330 £352 50(c) £1425 £1520 57(5) £7.75 £8.25
Signed by authority of the Secretary of State for Transport.
Robert Atkins
Parliamentary Under Secretary of State,
Department of Transport
5th March 1990


text:
Citation and commencement
1
This Order may be cited as the Housing Corporation Advances (Increase of Limit) Order 1990 and shall come into force on the day after the day on which it is made.
Increase of limit on advances
2
For the purposes of subsection (2A)(a) of section 93 of the Housing Associations Act 1985, £2,300 million is hereby specified in relation to the Housing Corporation as the limit referred to in subsection (2) of that section.
Chris Patten
Secretary of State for the Environment
27th March 1990
We consent to the making of this Order.
John Taylor
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
29th March 1990


text:
1
The A41 London–Birmingham Trunk Road (Berkhamsted Bypass) Order 1985 is hereby amended so that for each length of new highway specified in an item in column 2 of the Table below there is substituted the length of new highway specified in that item in column 3 of that Table.
Table
(1) Item No (2) Length of new highway in the principal order (3) Length of new highway which becomes a trunk road by virtue of this order
1 The roundabout proposed at the junction of the original route with Hemp Lane The route marked Amendment No 1 on the No 2 deposited plan 2 That much of the original route which extends from a point about 150 metres west of where it crosses the A416 Chesham road eastwards for a distance of about 620 metres and the roundabout proposed at its junction with the A416 Chesham Road The route marked Amendment No 2 on the No 2 deposited plan 3 That much of the original route which extends from a point about 300 metres west of its junction with the trunk road eastwards for a distance of about 300 metres. The route marked Amendment No 3 on the No 2 deposited plan
2
The new highways which the Secretary of State proposes to construct–
a
as specified in column 3 of the Table in article 1 above; and
b
as described in the Schedule to this order
shall become trunk roads as from the date on which this order comes into force.
3
1
Each of the lengths of the new highways described in column 2 of the Table in article 1 above is shown by broad striped hatching on the No 2 deposited plan.
2
The centre line of each of the lengths of the new highways referred to in article 2 above is shown by a heavy black line on the No 2 deposited plan.
4
The Secretary of State directs that as respects any part of a highway that crosses the route of any of the new trunk roads referred to in article 2 above 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 Sate 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.
5
The heavy black lines showing the lengths of the new highways described in column 2 of the Table in article 1 above on the deposited plan as defined in article 4(2)(i) of the principal order shall be deemed to be omitted from that plan.
6
In this Order–
1
All measurements of distance are measured along the route of the relevant highway;
2
i
“the No 2 deposited plan” means the plan numbered HA10/2E/285, marked “The A41 London–Birmingham Trunk Road (Berkhamsted Bypass) Order 1985 Amendment Order and New Trunk Roads Order 1990”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY.
ii
“the original route” means the route of the new road described in Schedule 1 to the principal order;
iii
“the principal order” means the A41 London–Birmingham Trunk Road (Berkhamsted Bypass) Order 1985;
iv
“the main new trunk road” means the trunk road to be constructed in pursuance of article 1 to the principal order and this Order;
v
“the new trunk roads” mean the highways mentioned in article 2(b) of this Order and described in the Schedule to this Order; and
vi
“the trunk road” means the London–Birmingham Trunk Road (A41).
7
This Order shall come into force on 16th March 1990 and may be cited as the A41 London–Birmingham Trunk Road (Berkhamsted Bypass) Order 1985 Amendment Order and New Trunk Roads Order 1990.
Signed by authority of the Secretary of State for Transport
Peter Emms
Regional Director Eastern Region
Department of Transport
15th February 1990


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Income Support (General) Amendment No. 2 Regulations 1990 and shall, subject to paragraph (2), come into force as follows–
a
regulations 1 and 2, on 2nd July 1990;
b
regulations 3 and 4, on 13th August 1990.
2
These Regulations shall come into force in relation to a particular claimant at the beginning of the first benefit week to commence for that claimant on or after the date specified in paragraph (1) which applies in his case; and for this purpose the expressions “claimant” and “benefit week” have the same meanings as in the General Regulations .
3
In these Regulations “the General Regulations” means the Income Support (General) Regulations 1987 .
Amendment of Schedule 2 to the General Regulations
2
In Schedule 2 to the General Regulations (applicable amounts), in paragraph 1, for sub-paragraphs (1) and (2) there shall be substituted the following sub-paragraphs–
1
Single claimant aged–
a
except where head (b) or (c) of this sub-paragraph applies, less than 18;(1)(a) £21.90;
b
less than 18 who falls within any of the circumstances specified in Part II of Schedule 1A or who, had he been a registered person, would fall within any of those circumstances and who–
(b) £28.80;
i
is eligible for income support under regulation 13A; or
ii
is the subject of a direction under section 20(4A) of the Act;
c
less than 18 who satisfies the condition in paragraph 11(a);
(c) £28.80;
d
not less than 18 but less than 25;
(d) £28.80;
e
not less than 25.
(e) £36.70.
2
Lone parent aged–
a
except where head (b) or (c) of this sub-paragraph applies, less than 18;
(1)(a) £21.90;
b
less than 18 who falls within any of the circumstances specified in Part II of Schedule 1A or who, had he been a registered person, would fall within any of those circumstances and who–
(b) £28.80;
i
is eligible for income support under regulation 13A; or
ii
is the subject of a direction under section 20(4A) of the Act;
c
less than 18 who satisfies the condition in paragraph 11(a);
(c) £28.80;
d
not less than 18.
(d) £36.70.
.
Amendment of Schedule 4 to the General Regulations
3
In Schedule 4 to the General Regulations (applicable amounts of persons in residential care and nursing homes)–
a
in paragraph 6–
i
in sub-paragraph (1)(a), (b), (c), (e)(ii) and (f), for the figure “£150.00” in each of those sub-paragraphs there shall be substituted the figure “£155.00”;
ii
in sub-paragraph (1)(d), for the figure “£175.00” there shall be substituted the figure “£180.00”;
iii
in sub-paragraph (1)(e)(i), for the figure “£210.00” there shall be substi tuted the figure “£215.00”;
iv
in sub-paragraph (2), for the figure “£165.00” there shall be substituted the figure “£170.00”;
b
in paragraph 7–
i
in sub-paragraph (a), (c), (d)(ii) and (f), for the figure “£200.00” in each of those sub-paragraphs there shall be substituted the figure “£210.00”;
ii
in sub-paragraph (b), for the figure “£215.00” there shall be substituted the figure “£225.00”;
iii
in sub-paragraph (d)(i), for the figure “£245.00” there shall be substituted the figure “£255.00”;
iv
in sub-paragraph (e), for the figure “£245.00” there shall be substituted the figure “£260.00”.
Amendment of Schedule 7 to the General Regulations
4
In Schedule 7 to the General Regulations (applicable amounts in special cases) in paragraph 13A(2) in column (2), in heads (a), (b)(i) and (b)(iii), for the figure “£150.00” there shall be substituted in each of those heads the figure “£155.00”.
Signed by authority of the Secretary of State for Social Security
Nicholas Scott
Minister of State,
Department of Social Security
1st June 1990


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Financial Services Act 1986 (Electricity Industry Exemptions) Order 1990 and shall come into force on 25th July 1990.
2
In this Order, “ the Act ” means the Financial Services Act 1986.
Exemptions
2
1
The National Grid Holding plc, Electricity Association Limited, any body corporate connected with either of them, any company listed in Schedule 1 to the Electricity Act 1989 (Nominated Companies) (England and Wales) Order 1990 and a relevant trustee shall each be an exempted person as respects any activities falling within paragraph 12 or 13 of Schedule 1 to the Act in which it engages for the purposes of enabling or facilitating transactions in shares or debentures (as defined in paragraph 20(4) of that Schedule) in or of an electricity successor company or a body corporate connected with an electricity successor company between or for the benefit of any of the persons mentioned in paragraph (2) below or the holding of such shares or debentures by or for the benefit of any such persons.
2
The persons referred to in paragraph (1) of this article are —
a
the bona fide employees or former employees of The National Grid Holding plc, Electricity Association Limited or any other body corporate in the same group (within the meaning of paragraph 30 of Schedule 1 to the Act) as either of them; and
b
the wives, husbands, widows, widowers, or children (including, in Northern Ireland, adopted children) or step-children under the age of eighteen of such employees or former employees.
3
For the purposes of this article —
a
“electricity successor company” means a body corporate which is a successor company for the purposes of Part II of the Electricity Act 1989 ;
b
“relevant trustee” means a person holding shares in or debentures of a body corporate as trustee in pursuance of arrangements made for the purposes mentioned in paragraph (1) by the Secretary of State or by, or by a body corporate connected with, The National Grid Holding plc, Electricity Association Limited or an electricity successor company or by all or any one or more of them;
c
a body corporate shall be regarded as connected with another body corporate if it would be so regarded for the purposes of paragraph 20 of Schedule 1 to the Act; and
d
a person may be regarded as a former employee of any person even though never employed by that person if he occupied a position in relation to some other person of such a kind that it may reasonably be assumed that he would have been a former employee of the first person had the reorganisation of the electricity industry under Part II of the Electricity Act 1989 been effected before he ceased to occupy the relevant position.
John Redwood
Parliamentary Under Secretary of State,
Department of Trade and Industry
24th July 1990


text:
Title, commencement and extent
1
1
This Order may be cited as the Nitrate Sensitive Areas (Designation) (Amendment) Order 1990 and shall come into force on the day after this Order is laid.
2
This Order shall apply to England only.
Amendment of the principal Order
2
The Nitrate Sensitive Areas (Designation) Order 1990 shall be amended in accordance with the following provisions of this Order.
3
In article 2(1) —
a
in the definition of “economic optimum” after the word “of” where it first appears there shall be inserted the following: “nitrogen in the form of”; and
b
in the definition of “farmer” after the word “and” there shall be inserted the following: “who applies to enter or, as the case may be,”.
4
In article 5(8), for the word “may” there shall be substituted “shall”.
5
In Schedule 1 —
a
for paragraph 1 there shall be substituted the following paragraph —
1
The farmer shall not apply in a single application inorganic nitrogen fertiliser in excess of that which contains 120 kilograms of nitrogen per hectare.
;
b
in paragraph 2(a)(i) for the words after “following year:” there shall be substituted the following: “the amount which contains 25 kilograms of nitrogen per hectare below the economic optimum”;
c
in paragraph 2(a)(ii) for the words after “following year:” there shall be substituted the following: “the amount which contains 50 kilograms of nitrogen per hectare below the economic optimum”;
d
in paragraph 2(a)(iii) for the words after “in any year:” there shall be substituted the following: “the amount which contains 25 kilograms of nitrogen per hectare below the economic optimum”; and
e
in paragraph 2(b) after the word “more” there shall be inserted the words “nitrogen in the form of”.
6
In paragraph 7 of Schedule 2, for Option C (i) there shall be substituted the following:
i
The farmer shall not in any period of 12 months apply organic nitrogen fertiliser or inorganic nitrogen fertiliser in excess of that which contains 150 kilograms of nitrogen per hectare.
.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
6th June 1990.
Christopher Patten
Secretary of State for the Environment
5th June 1990


text:
1
This Order may be cited as the Education (Designated Institutions) (Amendment) Order 1990 and shall come into force on 4th April 1990.
2
The Education (Designated Institutions) Order 1989 is hereby amended by the deletion from Part 2 of the Schedule thereto of the institution named the College of St Paul and St Mary and the insertion in that Part, at the appropriate place in alphabetical order, of the institution named Cheltenham and Gloucester College of Higher Education incorporating the College of St Paul and St Mary (being an institution appearing to the Secretary of State to fall within subsection (2) of section 129 of the Act).
John MacGregor
Secretary of State for Education and Science
2nd April 1990


text:
Title, commencement and interpretation
1
1
These Regulations may be cited as the Jam and Similar Products (Amendment) Regulations 1990 and shall come into force for the purposes of this regulation and regulation 12 on 21st November 1990, and for all other purposes on 31st December 1990.
2
In these Regulations “the principal Regulations ” means the Jam and Similar Products Regulations 1981 .
Amendment of the principal Regulations
2
The principal Regulations shall be amended in accordance with regulations 3 to 11 of these Regulations.
3
In regulation 2(1)–
a
after the definition of chestnut there shall be inserted the following definitions–
“concentrated fruit juice” means juice which has been obtained from fruit by mechanical processes, or from fruit other than apricots, citrus fruits, grapes, peaches, pears or pineapples by diffusion processes, and which has been concentrated by the removal of part of its water, but does not include dried fruit juice;
“dried fruit juice” means specified fruit juice which has been concentrated to the form of powder, granule or solid by the removal of water;
;
b
for the definition of fruit there shall be substituted–
“fruit” includes carrots, ginger, rhubarb and sweet potatoes;
;
c
for the definition of fruit curd there shall be substituted–
“fruit curd” means the foods described in column 2 of items 11 and 11A in Schedule 1;
; and
d
for the definition of fruit juice there shall be substituted–
“fruit juice” means–
specified fruit juice, that is to say any one or combination of–
the food consisting of fermentable but unfermented juice which is obtained from fruit by mechanical processes and has the characteristic colour, aroma and flavour of juice of the fruit from which it is obtained;
juice which is obtained from concentrated fruit juice by the addition of water and has the organoleptic and analytical characteristics of juice obtained from fruit of the same kind by mechanical processes; and
concentrated fruit juice; or
dried fruit juice;
.
4
After regulation 7 there shall be inserted the following new regulation–
7A
1
Where any jam, jelly, marmalade, reduced sugar product, UK standard jelly, fruit curd, fruit flavour curd or mincemeat has a residual sulphur dioxide content of more than 30 milligrams per kilogram, then, in addition to any particular required to be identified in a list of ingredients by the Food Labelling Regulations 1984 , that residual content shall be identified in the list of ingredients according to the percentage by weight of the residue in the product as “sulphur dioxide”.
2
The residual sulphur dioxide content of any food to which paragraph (1) of this regulation applies is the total sulphur dioxide remaining in each ingredient of that food after processing.
.
5
In regulation 8–
a
there shall be added at the beginning of paragraph (2)
Subject to paragraph (2A) of this regulation
;
b
in paragraph (2) for “accurate to ±3% of the refractometer reading” there shall be substituted “accurate to ±3 refractometric degrees”; and
c
there shall be added after paragraph (2)–
2A
Paragraph (2) of this regulation shall not apply to a food which is specially made to fulfil the particular nutritional requirements of diabetics and whose labelling clearly indicates that it is intended for diabetics.
.
6
1
In regulation 11, for paragraph (3) there shall be substituted–
3
Subject to regulation 12, no person shall use in the preparation of any food described in column 2 of Schedule 1 any fruit juice which fails to comply with any requirements as to ingredients, processing and treatment of the Fruit Juices and Fruit Nectars Regulations 1977 .
.
2
The expression “fruit juice,” shall be omitted from paragraph 4 of regulation 11.
7
1
In paragraph (2) of regulation 12, for “sulphur dioxide” there shall be substituted “any source of sulphur dioxide which is specified in Schedule 3”, and “sweetened” shall be added before the expression “chestnut puree”.
2
After paragraph (2) of that regulation there shall be added–
2A
Ginger which has been dried or preserved in syrup may be used in the preparation of a food described in column 2 of Schedule 1.
2B
Citrus peel, with or without endocarp, which has been preserved in brine may be used in the preparation of extra jam, jam, marmalade, reduced sugar jam, reduced sugar marmalade, fruit curd, fruit flavour curd and mincemeat.
2C
Subject to paragraph (2D) of this regulation, fruit juice to which has been added a substance, which by virtue of the Fruit Juices and Fruit Nectars Regulations 1977 may be contained in fruit juice intended for sale for consumption as such or after dilution or reconstitution (as the case may be), may be used in the preparation of any food described in column 2 of Schedule 1.
2D
Fruit juice to which there has been added any source of sulphur dioxide which is specified in Schedule 3 may be used in the preparation of jelly, marmalade, reduced sugar jelly, reduced sugar marmalade, UK standard jelly, fruit curd, fruit flavour curd and mincemeat.
.
3
The expression “fruit juice” shall be omitted from paragraph (3) of regulation 12.
8
The expression “sweetened chestnut puree” shall be substituted for “chestnut puree” in–
a
sub-paragraph (a) of regulation 15,
b
item 6 of Schedule 1,
c
note 2 to Schedule 1,
d
the fourth entry in column 2 of Part I of Schedule 2, and
e
the twelfth and seventeenth entries in column 2 of Part III of Schedule 2.
9
In Schedule 1–
a
for column 2 of item 11 there shall be substituted–
An emulsion of edible fat or oil (or both), sugar, whole egg or egg yolk (or both), and any combination of fruit, fruit pulp, fruit puree, fruit juice, aqueous extract of fruit or essential oils of fruit, with or without other ingredients, such that–
the quantity of fat and oil used for every kilogram of the finished product is not less than 40 grams;
the quantity of whole egg and egg yolk used is such that every kilogram of the finished product contains not less than 6.5 grams of egg yolk solids;
the quantity of fruit, fruit pulp, fruit puree, fruit juice, aqueous extract of fruit, and essential oil of fruit is sufficient to characterise the finished product; and
the soluble solids content of the finished product, determined by refractometer at 20°C, is not less than 65%.
;
b
after item 11 there shall be added–
11A
Lemon cheese
A food conforming to the description in item 11 above appropriate for lemon curd.
;
and
for column 2 of item 12 there shall be substituted–
An emulsion of edible fat or oil (or both), sugar, whole egg or egg yolk (or both), and flavouring material with or without other ingredients, such that–
the quantity of fat and oil used for every kilogram of the finished product is not less than 40 grams;
the quantity of whole egg and egg yolk used is such that every kilogram of the finished product contains not less than 6.5 grams of egg yolk solids;
the quantity of flavouring material used is sufficient to character ise the product; and
the soluble solids content of the finished product, determined by refractometer at 20°C, is not less than 65%.
.
10
In the notes to Schedule 1, there shall be added after note 1–
1A
In the description of extra jam, references to fruit pulp shall be read as if there were substituted “fruit pulp or fruit puree or both” in the case of a food in the preparation of which the only fruit used is rose hips.
.
11
In Part III of Schedule 2–
a
for the third entry in column 2 there shall be substituted–
Extra jam, jam, reduced sugar jelly or reduced sugar marmalade which, in each case, is made from rose hips, strawberries, raspberries, gooseberries, redcurrents or plums, or from any combination thereof.
;
b
for the twelfth entry in column 1 there shall be substituted “E440 Pectin and amidated pectin”, and in the corresponding entry in column 3, the words following the expression “10g/ kg ” to the end of the first sentence shall be omitted.
Transitional provisions
12
In any proceedings in respect of an act done before 31st December 1900 which is alleged to constitute an offence under the principal Regulations or under the Food Labelling Regulations 1984, the defendant shall not be convicted unless the prosecution prove that such act would have constituted an offence if regulations 2 to 11 of these Regulations had been in force when the act was done.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 17th October 1990.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Stephen Dorrell
Parliamentary Under Secretary of State for Health
19th October 1990
David Hunt
Secretary of State for Wales
17th October 1990


text:
1
This Order may be cited as the Double Taxation Relief (Taxes on Income) (Italy) Order 1990.
2
It is hereby declared —
a
that the arrangements specified in the Convention set out in Part I of the Schedule to this Order and in the Exchange of Notes constituting an Agreement set out in Part II of that Schedule have been made with the Government of the Italian Republic with a view to affording relief from double taxation in relation to income tax, corporation tax or capital gains tax and taxes of a similar character imposed by the laws of Italy;
b
that those arrangements include provisions with respect to the exchange of information necessary for carrying out the domestic laws of the United Kingdom and the laws of Italy concerning taxes covered by the arrangements including, in particular, provisions about the prevention of fiscal evasion with respect to those taxes; and
c
that it is expedient that those arrangements should have effect.
G. I. de Deney
Clerk of the Privy Council


text:
1
For the purpose of connecting the motorway with other highways, so as to effect junctions at the places stated in Schedule 1 hereto, the Secretary of State is authorised to provide along the routes described in that Schedule special roads for the use of traffic of Classes I and II of the classes of traffic set out in Schedule 4 to the Highways Act 1980.
2
The centre line of each of the special roads is indicated by a heavy black line on the deposited plan and each special road is given a number on that plan.
3
Each of the special roads shall become a trunk road on the date when this Scheme comes into force.
4
The Secretary of State is also authorised to construct, as part of the special road numbered 5 on the deposited plan, the bridge specified in Schedule 2 hereto.
5
In this Scheme: —
1
all measurements of distance are measured along the route of the relevant highway.
2
i
“the motorway” means the special road provided in pursuance of the Maidstone By-Pass Special Road Scheme 1958 ;
ii
“the deposited plan” means the plan numbered RSE/O/M20/4/65/1/1 marked “The M20 Motorway (Coldharbour Lane to Sandling Section) Connecting Roads Scheme 1990”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London, SW1P 3PY;
iii
“the special roads” means the special roads which the Secretary of State is authorised by this Scheme to provide.
6
This Scheme shall come into force on 14th December 1990 and may be cited as the M20 Motorway (Coldharbour Lane to Sandling Section) Connecting Roads Scheme 1990.
Signed by authority of the Secretary of State for Transport
J. W. Fellows
Regional Director South East Region
Department of Transport
26th November 1990


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Community Charges and Non-Domestic Rating (Demand Notices) (England) (Amendment) (No. 2) Regulations 1990 and shall come into force on 1st February 1991.
2
In these Regulations “the principal Regulations ” means the Community Charges and Non-Domestic Rating (Demand Notices) (England) Regulations 1990 .
Amendment of the principal Regulations
2
For regulation 2 of the principal Regulations there shall be substituted the following regulation —
Form and content of demand notices, etc.
2
1
Subject to paragraph (2), a community charge demand notice shall —
a
where it relates to a personal community charge and the amount demanded under it is not calculated by reference to section 13 of the Act, be in the form specified as (and accordingly contain the matters specified in) form A in Part I of Schedule 1;
b
where it relates to a personal community charge and the amount demanded under it is calculated by reference to section 13 of the Act, be in the form specified as (and accordingly contain the matters specified in) form B in that Part;
c
where it relates to a standard community charge, be in the form specified as (and accordingly contain the matters specified in) form C in that Part;
d
where it relates to a collective community charge, be in the form specified as (and accordingly contain the matters specified in) form D in that Part.
2
Where a community charge demand notice is served on a person —
a
after the end of the relevant year; and
b
at the same time as a community charge demand notice relating to another chargeable financial year not then ended is served on him,
paragraph (1) shall apply subject to the modifications referred to in paragraph (3).
3
The modifications are —
a
that references to the forms specified as forms A, B, and D shall be taken to be references to such part of those forms as remains after the omission of —
i
the symbol “†” in both places where it occurs;
ii
the words “But see explanatory note on Government Standard Spending Grant.”;
iii
the words from “EXPLANATORY NOTES” to “London, SW1P 3EB.”; and
iv
in the footnotes, the lines beginning with the symbols “****” and “*****”; and
b
that the reference to the form specified as form C shall be taken to be a reference to such part of that form as remains after the omission of —
i
the symbol, words and lines mentioned in sub-paragraph (a)(i), (ii) and (iv); and
ii
the explanatory notes other than those beginning “[NAME OF AUTHORITY]” and “****** STANDARD COMMUNITY CHARGE CLASSES”.
4
Part II of Schedule 1 (calculation and identification of certain matters to be contained in community charge demand notice) and Part III of that Schedule (interpretation, etc.) shall have effect for the purposes of Part I of that Schedule.
5
A rate demand notice shall contain the matters mentioned in Schedule 2.
6
Subject to paragraph (7), an English charging authority must supply the information mentioned in Part I of Schedule 3 when it serves a community charge demand notice, and must supply the information mentioned in Part II of that Schedule when it serves a rate demand notice; and Part III of that Schedule (interpretation, etc.) shall have effect for the purposes of those Parts I and II.
7
Nothing in paragraph (6) shall require an English charging authority to supply the information mentioned —
a
in Part I of Schedule 3 when it serves a community charge demand notice on a person after the end of the relevant year; or
b
in Part II of Schedule 3 when it serves a rate demand notice on a person after the end of the relevant year.
.
3
1
In paragraphs (1)(a) and (2) of regulation 3 of the principal Regulations there shall be inserted after the words “these Regulations” the words “(including that regulation as applied with the modifications mentioned in regulation 2(2))”.
2
In paragraph (3) of regulation 3 of the principal Regulations for the words “regulation 2(3)” there shall be substituted the words “regulation 2(5)”.
Michael Heseltine
One of Her Majesty’s Principal Secretaries of State
20th December 1990


text:
Citation
1
This Order may be cited as the Education Reform Act 1988 (Commencement No. 8 and Amendment) Order 1990.
Amendment of the Education Reform Act 1988 (Commencement No. 4) Order 1988
2
The Education Reform Act 1988 (Commencement No. 4) Order 1988 shall be amended as follows —
1
in article 1(2) the word “and” following the definition of “the Act” shall be omitted and there shall be inserted after that definition the following definition —
“ ILEA institution” means an institution providing full-time education which is maintained by the Inner London Education Authority on the date this Order is made in exercise of their further or higher education functions; and
;
2
in Schedule 5 there shall be substituted for the words “Section 152 (to the extent not already in force)” the words “Section 152(1) to (9) (except in relation to an ILEA institution)”.
Coming into force of certain provisions of the Education Reform Act 1988
3
The provisions of the Education Reform Act 1988 specified in column 1 of Schedules 1 and 2 to this Order (which relate to the matters mentioned in column 2 thereof) shall, except as otherwise provided in the said column 1, come into force on the date specified in relation to each Schedule in the following table —
Schedule 1 31st March 1990 Schedule 2 1st April 1992.