text:
1
The lengths of trunk road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be trunk roads and shall be classified as principal roads as from the date on which this Order comes into force.
2
In this Order–
i
“the deposited plan” means the plan numbered HA10/EM 84 marked “The A50 and A453 Trunk Roads (Flagstaff Interchange and Link Road) Detrunking Order 1991” signed by authority of the Secretary of State and deposited atthe Department of Transport. Romney House,43 Marsham Street, London SW1P 3PY; and
ii
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State.
3
This Order shall come into force on 17th January 1992 and may be cited as the A50and A453 Trunk Roads (Flagstaff Interchange and Link Road) Detrunking Order 1991.
Signed by authority of the Secretary of State for Transport
D. J. Morrison
Regional Director East Midlands Region,
Department of Transport
16th December 1991


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Occupational Pension Schemes (Preservation of Benefit) Regulations 1991.
2
These Regulations come into force on 28th February 1991.
3
In these Regulations, “Schedule 16” means Schedule 16 to the Social Security Act 1973 (requirements as to preservation of benefit under occupational pension schemes).
Meaning of “employer”
2
1
This regulation applies for the purposes of Part II of the Social Security Act 1973 (occupational pension schemes).
2
In relation to an employed earner, “employer” means the secondary contributor in relation to any payment of earnings in respect of the employment concerned.
3
In relation to a self-employed earner, “employer” means any other person, government department, public authority or body of persons who has made, or is to make, payments to the scheme in respect of the earner.
4
In this regulation, “employed earner” and “self-employed earner” mean the same as in section 2 of the Social Security Act 1975 (categories of earners) and “secondary contributor” means the same as in section 4 of that Act (Class 1 contributions-incidence).
Meaning of “member” and “prospective member”
3
1
This regulation applies for all the purposes of Part II of the Social Security Act 1973.
2
Any earners who are, or have been, in pensionable service under an occupational pension scheme are to be regarded as members of the scheme.
3
There are to be regarded as prospective members of an occupational pension scheme —
a
any earners who are able, at their own option, to become members of the scheme, and
b
any earners who will become so able, if they continue in the same employment for a sufficiently long time and their contracts of service and the scheme rules remain unaltered during that time.
Benefits included in supplementary credits
4
1
For the purposes of paragraph 5(1)(c) of Schedule 16, in the circumstances set out in paragraph (2) below, “supplementary credits” include any increase of benefit or additional benefit that is of an amount, or at a rate, unrelated to length of pensionable service or to the number or amount of contributions paid by or for the member.
2
The circumstances referred to in paragraph (1) are that the member becomes entitled to the increase of benefit or additional benefit in consequence of a provision made by or under the scheme after he becomes a member of it and before his pensionable service terminates.
Short service benefit in lump sum form
5
1
For the purposes of paragraph 6(5) of Schedule 16, a scheme may provide for payment of short service benefit in the form of a lump sum before normal pension age in the circumstances described in any of paragraphs (2) to (4) of this regulation or any other circumstances where the Occupational Pensions Board consider it reasonable.
2
The circumstances described in this paragraph are that the member’s earning capacity is destroyed or seriously impaired by physical or mental infirmity.
3
The circumstances described in this paragraph are that the member has become incapable of following his normal employment because of physical or mental infirmity.
4
The circumstances described in this paragraph are that the member has attained age 50 or is within 10 years of normal pension age.
Means of assuring short service benefit
6
1
For the purposes of paragraph 9(1) of Schedule 16, short service benefit that is not payable directly out of the resources of the scheme may be assured to the member by means of a transaction to which section 52C of the Social Security Pensions Act 1975 (extinguishment of liability of scheme for pensions secured by insurance policies or annuity contracts) applies, and which satisfies the requirements of paragraph (2) of this regulation.
2
A transaction satisfies the requirements of this paragraph if —
a
it results in the member’s short service benefit being secured by one or more policies of insurance or annuity contracts that are appropriate for the purposes of section 52C of the Social Security Pensions Act 1975; and
b
the member will be able to assign or surrender the insurance policies or annuity contracts on the conditions set out in regulation 2 of the Occupational Pension Schemes (Discharge of Liability) Regulations 1985 (conditions on which policies of insurance and annuity contracts may be assigned or surrendered).
3
For the purposes of paragraph (2) of this regulation, a policy of insurance or annuity contract which is taken out or entered into with an authorised friendly society, but which otherwise satisfies the conditions for being “appropriate” for the purposes of section 52C of the Social Security Pensions Act 1975, is to be treated as if it were appropriate for the purposes of that section.
4
In this regulation —
“friendly society” means a friendly society registered under —
a
section 7(1)(a) of the Friendly Societies Act 1974 (societies which may be registered); or
b
section 1(1)(a) of the Friendly Societies Act (Northern Ireland) 1970 (societies which may be registered); and
“authorised friendly society” means a friendly society —
a
which is an authorised person, as defined in section 207(1) of the Financial Services Act 1986 (interpretation), and
b
which is authorised under either regulation 5 or regulation 6 of the Friendly Societies (Long Term Insurance Business) Regulations 1987 (authorisation of existing and new societies) to carry on long term business as defined in those Regulations.
Alternatives to short service benefit
7
1
For the purposes of paragraph 9(2) of Schedule 16, a scheme may, instead of providing short service benefit, provide any of the alternatives to short service benefit described in regulations 8 to 10 below.
2
The alternatives described in regulations 8 to 10 may be provided by way of complete or partial substitute for short service benefit, but (except in the cases specifically referred to) only with the member’s consent.
3
In addition to the alternatives to short service benefit described in regulations 8 to 10, the scheme may provide any other alternative to short service benefit that is consistent with paragraph 9(4) of Schedule 16 and is, in the Occupational Pensions Board’s opinion, a suitable means of maintaining the provision of benefits in relation to a particular scheme or category of schemes.
4
Any alternative provided by virtue of paragraph (3) may be provided by way of complete or partial substitute for short service benefit, but (except in any case where the Occupational Pensions Board consider it reasonable) only with the member’s consent.
Early retirement or deferred retirement
8
1
The scheme may provide benefits that are different from those required to constitute short service benefit as regards amount, recipient and the time at which they are payable. The benefits must, however, include a benefit that is payable to the member.
2
The member’s benefit must not be payable before normal pension age except in the circumstances referred to in regulation 5.
3
Benefits consisting of, or including, a benefit that becomes payable to the member before normal pension age may be provided without the member’s consent where —
a
the member’s earning capacity is destroyed or seriously impaired by physical or mental infirmity, and
b
in the opinion of the trustees or managers of the scheme, the member is incapable of deciding whether it is in his interests to consent.
4
Any scheme rule that allows the alternative described in this regulation must require the trustees or managers of the scheme to be reasonably satisfied that, when the member’s benefit becomes payable, the total value of the benefits to be provided under this regulation is at least equal to the amount described in regulation 11.
Bought out benefits
9
1
The scheme may provide for benefits different from those required to constitute short service benefit to be appropriately secured by a transaction to which section 52C of the Social Security Pensions Act 1975 applies (extinguishment of liability of scheme for pensions secured by insurance policies or annuity contracts).
2
Any scheme rule that allows the alternative described in this regulation must require the trustees or managers of the scheme to be reasonably satisfied that, except where paragraph (3) below applies, the payment made to the insurance company is at least equal to the amount described in regulation 11.
3
The exception to paragraph (2) is where the member is requiring the trustees or managers to provide the alternative by exercising a right to a cash equivalent, as described in Part II of Schedule 1A to the Social Security Pensions Act 1975 (transfer values).
4
A scheme may allow the alternative described in this regulation to be provided without the member’s consent where —
a
the member will be able to assign or surrender the insurance policy or annuity contract on the conditions set out in regulation 2 of the Occupational Pension Schemes (Discharge of Liability) Regulations 1985 (conditions on which policies of insurance and annuity contracts may be assigned or surrendered); and
b
the requirements of paragraph (5) are satisfied.
5
The requirements of this paragraph are that —
a
the scheme is being wound up; or
b
the member has less than “5 years' qualifying service” (as defined in paragraph 7 of Schedule 16 immediately before the coming into force of section 10 of the Social Security Act 1986 (changes to preservation requirements)) and the requirements of paragraph (6) are satisfied; or
c
the Occupational Pensions Board consider that, in the circumstances, it is reasonable for the scheme to provide the alternative without the member’s consent and the requirements of paragraph (6) are satisfied.
6
The requirements of this paragraph are that all the conditions set out in subparagraphs (a) to (d) are satisfied, namely —
a
the member’s rights under the scheme do not include “protected rights”, as defined in section 66 of the Social Security Pensions Act 1975 (interpretation);
b
the insurance policy is taken out or the annuity contract entered into more than 12 months after the member’s pensionable service terminates;
c
the trustees or managers of the scheme give the member at least 30 days' written notice of their intention to take out the insurance policy or enter into the annuity contract unless the member exercises a right to a cash equivalent, as described in Part II of Schedule 1A to the Social Security Pensions Act 1975 (the notice being sent to the member at his last known address or delivered to the member personally); and
d
when the trustees or managers of the scheme agree with the insurance company to take out the insurance policy or enter into the annuity contract, there is no outstanding application by the member for a cash equivalent.
7
For the purposes of this regulation, “appropriately secured” means the same as in section 52C of the Social Security Pensions Act 1975 except that a policy of insurance or annuity contract which is taken out or entered into with an “authorised friendly society” (as defined for the purposes of regulation 6), but which otherwise satisfies the conditions for being “appropriate” for the purposes of section 52C, is to be treated as if it were appropriate for the purposes of that section.
Money purchase benefits
10
1
The scheme may provide money purchase benefits instead of all or any of the benefits that constitute short service benefit.
2
Any scheme rule that allows this alternative must require the trustees or managers of the scheme to be reasonably satisfied that the amount allocated to provide money purchase benefits in respect of the member is at least equal to the amount described in regulation 11. The scheme rule must also require the trustees or managers of the scheme to calculate the money purchase benefits, when they become payable, either on the basis of actuarial advice or in accordance with the terms of an insurance policy or annuity contract in which the amount allocated to provide the benefits is invested.
Value of alternatives to short service benefit
11
1
The amount referred to in regulations 8, 9, and 10 is an amount equal to the value of the benefits (or, where the alternative is provided by way of partial substitute for short service benefit, the relevant part of the benefits) that have accrued to or in respect of the member under the applicable rules.
2
For the purposes of this regulation, “the applicable rules” means the same as in paragraph 12(2) of Schedule 1A to the Social Security Pensions Act 1975 (revaluation of pensions and transfer values).
Transfer of member’s accrued rights without consent
12
1
For the purposes of paragraph 9(3) of Schedule 16, a scheme may provide for the member’s accrued rights to be transferred to another occupational pension scheme (as described in paragraph 9(2)(a) of Schedule 16) without the member’s consent where —
a
the scheme is being wound up and the transfer is to another scheme that applies to employment with the same employer; or
b
the conditions set out in paragraphs (2) and (3) of this regulation are satisfied.
2
The condition set out in this paragraph is that the rights of a group of members are being transferred from the transferring scheme to the receiving scheme and —
a
the transferring scheme and the receiving scheme apply to employment with the same employer, or
b
the transferring scheme and the receiving scheme apply to employment with different employers and the transfer is a consequence of a financial transaction between the employers, or
c
the transferring scheme and the receiving scheme apply to employment with different employers and the employers are treated as connected for the purposes of section 51A of the Social Security Pensions Act 1975 (refusal and cancellation of contracting-out certificates).
3
The condition set out in this paragraph is that an actuary certifies to the trustees or managers of the transferring scheme that the transfer credits to be acquired for the members under the receiving scheme are at least equal in value to the rights to be transferred.
4
When calculating the value of any rights for the purposes of this regulation, the actuary must comply with the requirements of sub-paragraphs (a) and (b), namely —
a
the actuary must value all benefits that have accrued to or in respect of the members under the applicable rules and, for members in service at the date of transfer, the value of those benefits must be based on pensionable service in the transferring scheme up to that date and projected final pensionable earnings; and
b
where it is the established custom for additional benefits to be awarded from the transferring scheme at the discretion of the trustees or the employer, the actuary must take into account the value of any such additional benefits as will accrue to the members in question if the custom continues unaltered.
5
In this regulation —
“actuary” means a Fellow of the Institute of Actuaries, a Fellow of the Faculty of Actuaries, or a person with other actuarial qualifications who is approved by the Secretary of State, at the request of the trustees or managers of the scheme, as being a proper person to act for the purposes of this regulation in connection with the scheme; and
“the applicable rules” means the same as in paragraph 12(2) of Schedule 1A to the Social Security Pensions Act 1975.
Benefits attributable to waiting periods
13
1
This regulation applies where —
a
an earner in relevant employment is required to complete a period of service (“waiting period”) before joining the scheme, and
b
if the earner joins the scheme, a specific part of long service benefit will, in the Occupational Pensions Board’s opinion, be attributable to the waiting period.
2
Where this regulation applies, the preservation requirements are modified so that —
a
the waiting period is treated as pensionable service,
b
the earner is treated as a member during that period, and
c
the part of long service benefit that will, in the Occupational Pensions Board’s opinion, be attributable to the waiting period is treated as accruing at such a rate as to accrue in full over the whole of the waiting period.
3
This paragraph applies where the rate at which long service benefit is treated as accruing during the waiting period is lower than the rate at which the rest of long service benefit accrues. In such circumstances short service benefit must be computed on the basis of uniform accrual (in accordance with paragraph 11 of Schedule 16) except that the scheme may provide for short service benefit to be computed on the same basis as long service benefit (in accordance with paragraph 10(1) of Schedule 16) where the Occupational Pensions Board consider it is reasonable to do so.
Computation of benefit-money purchase benefits
14
1
This regulation applies to “money purchase benefits”, as defined in section 66 of the Social Security Pensions Act 1975 (interpretation).
2
This paragraph applies where long service benefit is related to bonuses which have been declared at, or before, the time when the member attains normal pension age. In such circumstances short service benefit that is computed on the same basis as long service benefit (in accordance with paragraph 10(1) of Schedule 16) must be correspondingly related to bonuses which have been declared at, or before, the time when the member’s pensionable service terminates.
3
This paragraph applies where long service benefit is related to the value of securities at, or in a specified period before, the time when the member attains normal pension age. In such circumstances short service benefit that is computed on the same basis as long service benefit (in accordance with paragraph 10(1) of Schedule 16) must be correspondingly related to the value of securities at, or in the same period before, the time when the member’s pensionable service terminates. But, if the trustees or managers of the scheme so decide before, or not more than one month after, the member’s pensionable service terminates, short service benefit may be correspondingly related to the value of securities at, or in the same period before, the time when the benefit becomes payable.
4
This paragraph applies where the rate at which long service benefit accrues increases after a certain age or length of service (for example, because the employer contributes more to the scheme in respect of older members). In such circumstances short service benefit must be computed on the basis of uniform accrual (in accordance with paragraph 11 of Schedule 16) except that the scheme may provide for short service benefit to be computed on the same basis as long service benefit (in accordance with paragraph 10(1) of Schedule 16) where the Occupational Pensions Board consider it is reasonable to do so.
Computation of benefit-earnings related benefits
15
Where long service benefit is related to a member’s earnings during a specified period and the member’s pensionable service is less than that period, the scheme must provide for short service benefit to be correspondingly related to the member’s earnings during the whole of the member’s pensionable service.
Computation of benefit-uniform accrual
16
1
This regulation applies where short service benefit is computed on the basis of uniform accrual, in accordance with paragraph 11 of Schedule 16.
2
Where this regulation applies long service benefit at the time when the member’s pensionable service terminates is to be calculated on the assumption that the member’s earnings would have remained constant from the time when pensionable service terminates until normal pension age.
3
For the purpose of computing a member’s short service benefit, the trustees or managers of the scheme may make such assumptions as the Occupational Pensions Board consider reasonable as to —
a
the level at which the member’s earnings would have remained constant,
b
the dates on which bonuses would have been declared and the rates of those bonuses, and
c
the value of, and the rate of interest on, securities.
Computation of benefit-rounding
17
1
For the purpose of computing short service benefit on the basis of uniform accrual (in accordance with paragraph 11 of Schedule 16), a scheme may provide for both the periods mentioned in that paragraph (the period of pensionable service and the period from the beginning of that service to the time when the member would attain normal pension age) to be calculated to the nearest, next highest, or next lowest whole month.
2
For the purpose of calculating the proportion of purchased credits that must be included in short service benefit (in accordance with paragraph 13(2) of Schedule 16), a scheme may provide for both the periods mentioned in paragraph 13(2)(b) (the period between the time when the first payment became due and the termination of the member’s pensionable service, and the whole period over which payment was to be made) to be calculated to the nearest, next highest, or next lowest whole month.
3
For the purpose of calculating the proportion of bonus credits, or credits for which payment is to be made by deduction from some benefit, that must be included in short service benefit (in accordance with paragraph 13(3) of Schedule 16), a scheme may provide for both the periods described in paragraph (4) to be calculated to the nearest, next highest, or next lowest whole month. Where applicable, the scheme must make the same provision for the purpose of calculating the amount of any relevant deduction.
4
The periods referred to in paragraph (3) are —
a
the period over which, on the assumption referred to in paragraph 13(3)(a) of Schedule 16, the credits would have accrued in full, and
b
the period between the time when any credit was awarded and the termination of the member’s pensionable service.
5
Where a scheme provides for rounding as described in this regulation, it must provide for both the periods referred to in each paragraph to be rounded in the same way.
Commutation of benefit
18
1
For the purposes of paragraph 15(4) of Schedule 16, the circumstances in which short service benefit and benefits or rights alternative to short service benefit may be commuted are the circumstances described in this regulation or any other circumstances that the Occupational Pensions Board consider suitable.
2
A scheme may allow a member to commute any benefit that has become payable.
3
The benefit for a member may be commuted if it is trivial and —
a
the benefit has become payable, or
b
the scheme is being wound up.
4
The benefit for a member’s widow or widower or dependant may be commuted if it is trivial and —
a
it has become payable, or
b
the member’s benefit is being commuted under paragraph (3) because it is trivial.
5
For the purposes of this regulation, a person’s benefit is “trivial” only if the total value of all that person’s benefits from occupational pension schemes, in respect of the member’s employment with the same employer as the employment in respect of which the “trivial” benefit is payable, is (in the opinion of the trustees or managers of the scheme in question) less than the value of a pension of £260 a year.
Widows, widowers and dependants
19
This regulation applies to schemes that provide long service benefit payable to a person other than the member only if the person is married to, or dependent on, the member when the member reaches normal pension age. These schemes are required to provide short service benefit payable to the person concerned only if the person was also married to, or (as the case may be) dependent on, the member when the member’s pensionable service terminated.
Deductions from short service benefit
20
1
This regulation applies where a scheme provides that, in computing the amount of long service benefit payable to any person, a deduction will be made, either to take account of benefits payable to that person under the Social Security Act 1975 or otherwise.
2
Where this regulation applies, the scheme may provide for a corresponding deduction from short service benefit. The basis for calculating the amount of the deduction from short service benefit must be approved as reasonable by the Occupational Pensions Board.
3
This regulation does not apply to any deduction from short service benefit that is permissible in accordance with paragraph 18 of Schedule 16.
Breaks in pensionable service
21
1
In the case of a member whose pensionable service has been broken, the preservation requirements are modified as described in this regulation. For this purpose, a member’s pensionable service is broken if, after it terminates, the member returns to pensionable service under the same scheme.
2
If paragraph (3) applies to the break and the member’s pensionable service is again terminated before normal pension age, the period of pensionable service previously terminated, and any linked qualifying service in relation to that period, must count towards the 2 years' qualifying service whether or not it counts towards qualification for long service benefit. Paragraph 7(2) of Schedule 16 is modified accordingly.
3
This paragraph applies to the break in pensionable service if one or more of the following conditions is satisfied —
a
the break does not exceed one month;
b
the break corresponds to the member’s absence from work wholly or partly because of pregnancy or confinement, the member returns to work after the break in exercise of a right under section 45(1) of the Employment Protection (Consolidation) Act 1978 (right to return to work) and the member returns to pensionable service no later than one month after returning to work;
c
the break corresponds to the member’s absence from work in furtherance of a “trade dispute”, as defined in section 19(2)(b) of the Social Security Act 1975 (loss of employment due to stoppage of work).
4
If paragraph (5) applies to the break and the member’s pensionable service is again terminated before normal pension age, the scheme must provide for the member to be entitled to short service benefit in respect of pensionable service after the break whether or not the conditions described in paragraph 6(1) of Schedule 16 are satisfied. Paragraph 6(1) of Schedule 16 is modified accordingly.
5
This paragraph applies to the break in pensionable service if the member became entitled to short service benefit when his pensionable service previously terminated. This paragraph does not apply, however, if all the member’s accrued rights in respect of the period before the break have been —
a
transferred to another scheme as described in paragraph 9(2) of Schedule 16;
b
“appropriately secured” by a transaction to which section 52C of the Social Security Pensions Act 1975 applies (extinguishment of liability of scheme for pensions secured by insurance policies or annuity contracts); or
c
extinguished by payment of a state scheme premium under the Social Security Pensions Act 1975 or by payment of a lump sum.
6
A scheme may provide that, when the member returns to pensionable service under the scheme, the member’s pensionable service before and after the break be treated as continuous so that the whole period qualifies the member for long service benefit under the scheme. The scheme will not then be required to provide short service benefit in respect of the period before the break.
7
For the purposes of this regulation, “appropriately secured” means the same as in section 52C of the Social Security Pensions Act 1975 except that a policy of insurance or annuity contract which is taken out or entered into with an “authorised friendly society” (as defined for the purposes of regulation 6), but which otherwise satisfies the conditions for being “appropriate” for the purposes of section 52C, is to be treated as if it were appropriate for the purposes of that section.
Postponement or suspension of benefit
22
1
The preservation requirements are modified as described in this regulation where —
a
a scheme provides for payment of long service benefit to be postponed, or suspended, for any period after normal pension age during which the member is in service in relevant employment (whether or not that service qualifies the member for additional benefits under the scheme); and
b
a member continues in, or returns to, service in relevant employment after becoming entitled to short service benefit under the scheme.
2
The scheme may provide for payment of short service benefit to be postponed, or suspended, for any period after normal pension age during which the member is in service in relevant employment. Paragraph 6(2) of Schedule 16 is modified accordingly.
Refunds of additional voluntary contributions
23
1
This regulation applies where a scheme provides for the payment by members of voluntary contributions.
2
Where this regulation applies the preservation requirements are modified so that the scheme may be treated as conforming with those requirements even though the provisions of Part III of Schedule 6 to the Finance Act 1989 (which provides for the return of surplus additional voluntary contributions to members) apply to the scheme.
3
If the provisions of Part III of Schedule 6 to the Finance Act 1989 would not otherwise apply to the scheme, the preservation requirements are modified so that the scheme may provide for those provisions to be treated as applying to the scheme.
Schemes funded by level annual premiums
24
1
This regulation applies in the case of a member of a scheme that satisfies all the requirements of paragraph (3) below whose pensionable service under that scheme began before 6th April 1975.
2
In this regulation —
“policy” means a policy of insurance or an annuity contract; and
“premium” means any payment made in consideration for the assurance of the benefit under a policy.
3
The requirements of this paragraph are that —
a
the scheme was in existence on 6th April 1974 and has not, in the Occupational Pensions Board’s opinion, been materially altered since that date;
b
the benefit for each member under the scheme is related to the member’s earnings at a specified time, or over a specified period not exceeding 5 years;
c
the benefit for each member is secured by one or more policies;
d
each policy provides separate assurance in respect of each member and the proceeds of the policy are to go to that member, al least to the extent that they are not greater than the benefits to which the member is entitled at normal pension age; and
e
a premium is payable under each policy at least once a year and the yearly rate of the premium does not change during the member’s pensionable service, except as a result of the declaration of a bonus or a change in the premium rate of the insurer.
4
Where this regulation applies, if the member becomes entitled to short service benefit under the scheme, the short service benefit must be the greater of the amounts described below, namely —
a
the total benefit payable to, or in respect of, the member, under the policy, on the basis that no further premiums are to fall due after the date on which the member’s pensionable service is terminated; and
b
the appropriate proportion of the benefits (excluding any bonuses) that would have been payable under the policy to, or in respect of, the member if the member had continued in pensionable service until normal pension age, plus any bonuses declared in respect of the policy before the date on which the member’s pensionable service actually terminated.
5
For the purposes of paragraph (4)(b) of this regulation, the “appropriate proportion” means the proportion that the number of premiums that have fallen due in respect of each policy bears to the number of premiums that would have been payable if the member had continued in pensionable service under the scheme until normal pension age.
Schemes with an overseas element
25
1
This regulation applies to schemes with an overseas clement, that is to say, schemes established, or relating to employment, or with parties domiciled, resident or carrying on business, in any part of the world outside the United Kingdom, or otherwise not confined in their operation to the United Kingdom.
2
Part I of Schedule 16 is modified in relation to a scheme with an overseas element, so that the preservation requirements apply to the scheme only if the scheme is established in the United Kingdom or has an appointed representative in the United Kingdom.
3
In the case of a scheme with any overseas element to which the preservation requirements apply, paragraph 6(1) of Schedule 16 is modified so that the scheme is required to provide short service benefit only for those members whose pensionable service terminates while they are in employment in the United Kingdom.
4
For the purposes of this regulation —
a
a scheme has an appointed representative in the United Kingdom if there is a person resident in the United Kingdom who is appointed for tax purposes in relation to the scheme or who performs one or more functions that, in the Occupational Pensions Board’s opinion, would normally be performed by a trustee or manager of the scheme;
b
a member’s employment outside the United Kingdom is to be treated as employment in the United Kingdom if the most recent payment of earnings in respect of that employment gave rise to liability for primary Class I contributions, or would have done so had the level of earnings not been below the lower earnings limit; and
c
“Class 1 contributions” means the same as in section 1(2) of the Social Security Act 1975 (outline of contributory system) and “lower earnings limit” means the same as in section 4(1) of that Act (Class 1 contributions-incidence).
Transfers to overseas schemes
26
1
In this regulation, “overseas scheme” means an occupational pension scheme or a personal pension scheme that is administered primarily or wholly outside the United Kingdom.
2
A member’s accrued rights may be transferred to an overseas scheme only if —
a
the overseas scheme is approved by the Occupational Pensions Board for the purposes of this regulation; and
b
any conditions imposed by the Occupational Pensions Board are satisfied.
3
For the purposes of this regulation, “personal pension scheme” includes a personal pension scheme within the meaning of Chapter IV of Part XIV of the Income and Corporation Taxes Act 1988 (personal pension schemes) which is approved by the Commissioners of Inland Revenue under that Chapter, but which is neither a personal pension scheme within the meaning of the Social Security Act 1986 nor a contract or a scheme approved under Chapter III of Part XIV of the Income and Corporation Taxes Act 1988 (retirement annuities).
Specific provisions to be included in scheme rules
27
1
Except where paragraph (2) applies, a scheme is not to be treated as conforming with the preservation requirements unless it contains express rules to the effect (but not necessarily in the words) of the following provisions of Schedule 16, to the extent that they apply to the scheme concerned, namely —
a
paragraph 6(1) (members who must be entitled to short service benefit);
b
paragraph 6(2) and (3) (age or time at which short service benefit must be made payable);
c
paragraphs 10 to 12 (computation of benefit);
d
paragraph 13 (supplementary credits to be included in short service benefit); and
e
paragraph 14 (pension increases).
2
A scheme that is constituted or amended by an interim trust deed or other interim instrument or agreement may be treated by the Occupational Pensions Board as satisfying the preservation requirements if both the following conditions are satisfied, namely —
a
the instrument or agreement constituting or amending the scheme requires the trustees or managers of the scheme to operate it in accordance with the preservation requirements; and
b
the Occupational Pensions Board is satisfied that adequate steps have been taken to notify members and prospective members of the scheme of the general effect of the definitive provisions of the scheme that will give effect to the provisions of Schedule 16 referred to in paragraph (1) above.
Related amendments to other Regulations
28
The Regulations mentioned in Schedule 1 are amended as described in that Schedule.
Revocations
29
The Regulations specified in column 1 of Schedule 2 are revoked to the extent specified in column 2 of that Schedule.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
1st February 1991


text:
Citation, application and commencement
1
1
These Regulations may be cited as the Environmental Protection (Prescribed Processes and Substances) Regulations 1991.
2
These Regulations shall come into force in England and Wales on 1st April 1991 and in Scotland on 1st April 1992.
Interpretation
2
In these Regulations —
“ the Act ” means the Environmental Protection Act 1990;
“background concentration” has the meaning given to that term in regulation 4(7);
“Part A process” means a process falling within a description set out in Schedule 1 hereto under the heading ‘Part A’ and “Part B process” means a process falling within a description so set out under the heading ‘Part B’; and
“particular matter” means grit, dust or fumes.
Prescribed Provisions
3
1
Subject to the following provisions of these Regulations, the descriptions of processes set out in Schedule 1 hereto are hereby prescribed pursuant to section 2(1) of the Act as processes for the carrying on of which after the prescribed date an authorisation is required under section 6.
2
Schedule 2 has effect for the interpretation of Schedule 1.
3
In paragraph (1), the prescribed date means the appropriate date set out or determined in accordance with Schedule 3.
Exceptions
4
1
Subject to paragraph (6), a process shall not be taken to be a Part A process if it has the following characteristics, namely —
i
that it cannot result in the release into the air of any substance prescribed by regulation 6(1) or there is no likelihood that it will result in the release into the air of any such substance except in a quantity which is so trivial that it is incapable of causing harm or its capacity to cause harm is insignificant; and
ii
that it cannot result in the release into water of any substance prescribed by regulation 6(2) except in a concentration which is no greater than the background concentration; and
iii
that it cannot result in the release into land of any substance prescribed by regulation 6(3) or there is no likelihood that it will result in the release into land of any such substance except in a quantity which is so trivial that it is incapable of causing harm or its capacity to cause harm is insignificant.
2
Subject to paragraph (6), a process shall not be taken to be a Part B process unless it will, or there is a likelihood that it will, result in the release into the air of one or more substances prescribed by regulation 6(1) in a quantity greater than that mentioned in paragraph (1)(i) above.
3
A process shall not be taken to fall within a description in Schedule 1 if it is carried on in a working museum to demonstrate an industrial process of historic interest or if it is carried on for educational purposes in a school as defined in section 114 of the Education Act 1944 or, in Scotland, section 135(1) of the Education (Scotland) Act 1980 .
4
The running on or within an aircraft, hovercraft, mechanically propelled road vehicle, railway locomotive or ship or other vessel of an engine which propels it shall not be taken to fall within a description in Schedule 1.
5
A process shall not be taken to fall within a description in Schedule 1 if it is carried on as a domestic activity in connection with a private dwelling.
6
Paragraphs (1) and (2) do not exempt any process described in Schedule 1 from the requirement for authorisation if the process may give rise to an offensive smell noticeable outside the premises where the process is carried on.
7
In these regulations, “background concentration” means any concentration of the relevant substance which would be present in the release irrespective of any effect the process may have had on the composition of the release and, without prejudice to the generality of the foregoing, includes such concentration of the substance as is present in: —
a
water supplied to the premises where the process is carried on;
b
water abstracted for use in the process; and
c
precipitation onto the premises on which the process is carried on.
Enforcement
5
1
The descriptions of processes set out in Schedule 1 under the heading ‘Part A’ are designated pursuant to section 2(4) of the Act for central control.
2
The descriptions of processes set out in Schedule 1 under the heading ‘Part B’ are so designated for local control.
Prescribed substances: release into the air, water or land
6
1
The description of substances set out in Schedule 4 are prescribed pursuant to section 2(5) of the Act as substances the release of which into the air is subject to control under sections 6 and 7 of the Act.
2
The descriptions of substances set out in Schedule 5 are so prescribed as substances the release of which into water is subject to control under those sections.
3
The descriptions of substances set out in Schedule 6 are so prescribed as substances the release of which into land is subject to control under those sections.
Michael Heseltine
Secretary of State for the Environment
4th March 1991
David Hunt
Secretary of State for Wales
5th March 1991
James Douglas-Hamilton
Parliamentary Under Secretary of State, Scottish Office
6th March 1991


text:
1
The new highway which the Secretary of State proposes to construct along the routes described in Schedule 1 to this Order shall become a trunk road as from the date when this Order comes into force.
2
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk road that –
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the new trunk road is opened for the purposes of through traffic.
4
The length of trunk road described in Schedule 2 to this Order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road as from the date on which the Secretary of State notifies the County Council of Shropshire that the new trunk road is open for through traffic.
5
In this Order:–
1
all measurements of distance are measured along the route of the relevant highway;
(2)
i
“the deposited plan”
means the plan numbered HA 10/2WM 154 marked “The A49 Trunk Road (Onibury to Stokesay Improvement) Order 1991” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the new trunk road”
means the highway mentioned in article 1 of this Order;
iii
“the Trunk Road”
means the Shrewsbury to Newport Trunk Road (A49)
6
This Order shall come into force on 23rd August 1991 and may be cited as the A49 Trunk Road (Onibury to Stokesay Improvement) Order 1991.
Signed by authority of the Secretary of State for Transport
D R Ritchie
Regional Director West Midlands Region
Department of Transport
26th July 1991


text:
1
The new highways which the Secretary of State proposes to constructalong the routes described in the schedule to this Order shall becometrunk roads as from the date when this Order comes into force.
2
The centre line of each of the new trunk roads is indicated by aheavy black line on the deposited plan.
3
In this Order —
1
all measurements of distance are measured along the route of therelevant highway;
2
i
“the deposited plan” means the plan numbered A23/3A/65/2/1, marked“The A23 Trunk Road (Pease Pottage — Handcross Trunk Road andSlip Road) Order 1991” signed by authority of the Secretary of State and deposited at theDepartment of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the new trunk roads” means the highways mentioned in article 1 of thisOrder and“a new trunk road” means one of those highways;
iii
“the Trunk Road” means the London — Brighton Trunk Road (A23).
4
This Order shall come into force on 24th June 1991 and may be citedas the A23 Trunk Road (Pease Pottage — Handcross Trunk Road andSlip Road) Order 1991.
Signed by authority of the Secretary of State for Transport
J. W. Fellows
Regional Director, South East Region,
Department of Transport
21st May 1991


text:
Citation
1
This Order may be cited as the Broads Authority (Pilotage Powers) Order 1991.
Application of Pilotage Act 1987
2
The Broads Authority shall be a competent harbour authority in respect of the harbour for the purposes of the Act of 1987.
Signed by authority of the Secretary of State for Transport
Patrick McLoughlin
Parliamentary Under Secretary of State,
Department of Transport
17th July 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Dacorum and St Albans Community National Health Service Trust (Establishment) Order 1991 and shall come into force on1st November 1991.
2
In this Order unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of or Schedule 1 to the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 1st November 1991;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Dacorum and St Albans Community National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called Dacorum and St Albans Community National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at Hill End Hospital, Hill End Lane, St Albans, Hertfordshire, AL4 0RB and associated hospitals;
b
to manage community health services provided from North West Hertfordshire Health Authority Headquarters, 99 Waverly Road, Hertfordshire, AL3 5TL and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1 April 1992.
2
The accounting date of the trust shall be 31 March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The North West Hertfordshire Health Authority shall —
a
until the operational date make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The North West Hertfordshire Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff ) in relation to the trust shall be the North West Hertfordshire Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Virginia Bottomley
Minister of State,
Department of Health
21st October 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No.8) Order 1991 and shall come into force at 1800 hours on 9th August 1991.
2
In this Order “relevant time” means one minute past midnight on 9th August 1991.
Designated circumstances
2
In the opinion of the Secretary of State, velvet crabs in the area designated in article 3 below may be affected by the toxin which causes Paralytic Shellfish Poisoning in human beings and are likely to create a hazard to human health if they are consumed.
Designated area
3
The area described in the Schedule to this Order is hereby designated for the purposes of Part I of the Food and Environment Protection Act 1985.
Activity prohibited in the designated area
4
No person shall fish for or take any velvet crabs in the designated area.
Prohibited movement of velvet crabs
5
No person shall move any velvet crabs out of the designated area.
Restrictions throughout the United Kingdom
6
No person shall in the United Kingdom or in United Kingdom waters–
a
use any velvet crabs taken out of the designated area after the relevant time in the preparation or processing for supply of food and anything from which food could be derived,
b
land any velvet crabs which were in waters in the designated area after the relevant time,
c
supply, or have in possession for supply, any velvet crabs which were in the designated area after the relevant time,
d
supply, or have in possession for supply, any food or anything from which food could be derived in the preparation or processing of which anything was used in contravention of sub-paragraph (a) of this article,
e
feed to any creature a feeding stuff in the preparation or processing of which anything was used in contravention of sub-paragraph (a) of this article.
E. C. Davison
Assistant Secretary, Scottish Office
Pentland House,
Edinburgh
9th August 1991


text:
Citation and commencement
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Radioactivity in Sheep) Partial Revocation Order 1991 and shall come into force on 11th December 1991.
Partial revocation
2
The Food Protection (Emergency Prohibitions) (Radioactivity in Sheep) Order 1991( ) is revoked so far as it designates any part of the areas set out in the Schedule to this Order.
I.W. Gordon
Assistant Secretary, Scottish Office
St. Andrew’s House,
Edinburgh
6th December 1991


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Occupational Pension Schemes (Miscellaneous Amendments) Regulations 1991 and shall come into force on 4th November 1991.
2
In these Regulations —
a
“the 1984 Regulations ” means the Occupational Pension Schemes (Contracting-out) Regulations 1984 ;
b
“the 1985 Regulations ” means the Occupational Pension Schemes (Discharge of Liability) Regulations 1985 .
Amendment of regulation 30 of the 1984 Regulations
2
In regulation 30 of the 1984 Regulations (means of securing guaranteed minimum pensions), in paragraph (2) for sub-paragraph (b) there shall be substituted the following sub-paragraph —
b
in the case of a policy of insurance or annuity contract, that the policy is taken out, or the contract is entered into, with an insurance company which is authorised by the competent authority of a member State, under either Article 6 or Article 27 of Council Directive 79/267/ EEC on the coordination of laws, regulations and administrative provisions relating to the taking up and pursuit of the business of direct life assurance, to take up the activities referred to under any of Heads I, III , VII and IX of the Annex to that Directive.
Insertion of regulation 1A in the 1985 Regulations
3
After regulation 1 of the 1985 Regulations (citation, commencement and interpretation) there shall be inserted the following regulation —
Requirements applying to policies of insurance and annuity contracts where scheme administrator is resident in the United Kingdom
1A
1
Paragraph (2) below applies if there is a person resident in the United Kingdom acting on behalf of the insurance company with whom the insurance policy is taken out or the annuity contract is entered into who will be responsible for the discharge of all duties imposed on the administrator of the scheme under Chapter I of Part XIV of the Income and Corporation Taxes Act 1988 .
2
Where this paragraph applies, the requirements referred to in section 52C(4)(a)(ii) (policies of insurance or annuity contracts are appropriate for the purposes of section 52C if among other things the insurance company with which it is or was taken out or entered into satisfies, or satisfied at the relevant time, prescribed requirements) are that the insurance policy is taken out or the annuity contract is entered into with an insurance company which is, or was at the relevant time, an insurance company authorised by the competent authority of a member State, under either Article 6 or Article 27 of Council Directive 79/267/EEC on the coordination of laws, regulations and administrative provisions relating to the taking up and pursuit of the business of direct life assurance, to take up the activities referred to under any of Heads I, III, VII and IX of the Annex to that Directive.
Signed by authority of the Secretary of State for Social Security.
Henley
Parliamentary Under-Secretary of State,
Department of Social Security
14th October 1991


text:
1
The new highways which the Secretary of State proposes to construct —
a
along the route described in Schedule 1 to this Order (the highway along this route being in this Order referred to as “the new trunk road”);
b
along the route described in Schedule 2 to this Order (the highway along this route being in this Order referred to as “the main new trunk road”); and
c
along the routes described in Schedule 3 to this Order which connect the main new trunk road with the new trunk road, the A1 Great North Way and the A1 Falloden Way (the highways along these routes being in this Order referred to as “the slip roads”),
shall become trunk roads as from the date when this Order comes into force.
2
The centre line of each of the trunk roads is indicated by a heavy black line on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of any of the trunk roads that —
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purpose of through traffic.
4
In this Order —
1
All measurements of distance are measured along the route of the relevant highway;
2
i
“the deposited plan” means the plan folio numbered LRO 64/15/2/01 consisting of a key plan and 2 sheets bound together, respectively numbered 1 and 2, marked “The A406 London North Circular Trunk Road (A1 Great North Way/Falloden Way, A598 Regents Park Road/Fin-chley Road Junctions Improvements) Trunk Roads and Slip Roads Order 1991”, signed by authority of the Secretary of State and deposited at the Depart-ment of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the trunk roads” means the highways mentioned in article 1 of this Order and a “trunk road” means one of those highways; and
iii
“the A1 Great North Way” and “the A1 Falloden Way” means the parts so named of the A1 Trunk Road.
5
This Order shall come into force on 19th December 1991 and may be cited as the A406 London North Circular Trunk Road (A1 Great North Way/Falloden Way, A598 Regents Park Road/Finchley Road Junctions Improvements) Trunk Roads and Slip Roads Order 1991.
Signed by authority of the Secretary of State for Transport
I. Yass
A Grade 3 Officer in the
Department of Transport
10th December 1991


text:
1
This Order may be cited as the Local Authorities (Armorial Bearings) Order 1991 and shall come into force on 20th November 1991.
2
The amorial bearings which, immediately before 1st April 1974, were borne and used by Tenterden borough council, may be borne and used by the Tenterden town council, provided they have first been exemplified according to the law of arms and recorded in the College of Arma.
G.I. de Deney
Clerk of the Privy Council


text:
Citation, interpretation and effect
1
1
This Order may be cited as the Education Reform Act 1988 (Commencement No. 9) Order 1991.
2
In this Order “ the Act ” means the Education Reform Act 1988.
3
Articles 2 to 4 and 6 have effect for bringing the provisions specified into effect in relation to primary schools.
Coming into force of certain provisions of the Act
2
Section 26 of the Act shall come into force —
a
for the purpose of enabling proposals to be made under subsections (4) to (6) for fixing the number of pupils in any age group which it is intended to admit to a primary school in the school year beginning next after 1st August 1992 and for the purposes of subsections (7), (8) and (10), on 1st September 1991; and
b
for its remaining purposes (so far as they relate to primary schools), on 1st August 1992.
3
Subsections (1) to (3) and (9) of section 27 and sections 28 and 32 of the Act shall come into force (so far as they relate to primary schools) on the making of this Order.
4
Subsections (4) to (8) of section 27 of the Act shall come into force —
a
for the purpose of enabling orders reducing any standard number applying to a primary school to be made under subsection (5) and applications for such orders to be made as mentioned in subsection (6), on 1st May 1991;
b
for the purpose of enabling orders increasing any standard number applying to a primary school to be made under subsection (5) and applications for such orders to be made as mentioned in subsection (7), on lst September 1991; and
c
for their remaining purposes (so far as they relate to primary schools) on the making of this Order.
5
Section 29 of the Act shall come into force on 1st May 1991.
6
1
Subsection (1) of section 31 of the Act shall come into force (so far as it relates to primary schools) on 1st August 1992.
2
Subsection (2) of section 31 of the Act shall come into force (so far as it relates to the publication of admission arrangements for primary schools for the school year beginning next after 1st August 1992 and subsequent school years) on 1st September 1991.
3
Subsection (3) of section 31 of the Act shall come into force on 1st August 1991.
4
Subsections (4) to (6) of section 31 of the Act shall come into force on 1st May 1991.
Transitional provision
7
Where —
a
an application for an order under section 27(5) reducing a standard number has been made before 31st May 1992, and
b
the Secretary of State has not before that date either made or refused to make an order on the application,
the standard number applying to the primary school in question for any age group to which the application relates in the school year beginning next after 1st August 1992 shall be the number of pupils in that age group registered at the school on 31st May 1992.
Kenneth Clarke
Secretary of State for Education and Science
12th March 1991


text:
1
The new highways which the Secretary of State proposes to construct–
a
along the route described in Schedule 1 to this Order (the highway along this route being in this Order referred to as “the main new trunk road”, and
b
along the routes described in Schedule 2 to this Order which connect the main new trunk road with other highways at the place stated in that schedule (the highways along these routes being in this Order referred to as “the slip roads”.
shall become trunk roads as from the date when this Order comes into force.
2
The centre line of each of the new trunk roads is indicated by a heavy black line on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of any of the new trunk roads that–
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purpose of through traffic.
4
In this Order–
i
“the deposited plan” means the plan numbered HA10/EM79 marked “The (A46) Bath–Lincoln Trunk Road (Leicester Western Bypass and Slip Roads) (Supplementary) Order 1991”, signed by au thority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the new trunk roads” means the highways mentioned in article 1 of this Order.
5
This Order shall come into force on 27th November 1991 and may be cited as the (A46) Bath–Lincoln Trunk Road (Leicester Western Bypass and Slip Roads) (Supple mentary) Order 1991.
Signed by authority of the Secretary of State for Transport
D. J. Morrison
Regional Director East Midlands Region,
Department of Transport
22nd October 1991


text:
1
This Order may be cited as the Gaming (Amendment) Act 1990 (Commencement) Order 1991.
2
Paragraphs 3 and 4 of the Schedule to the Gaming (Amendment) Act 1990 (amendment of the Gaming Act 1968 to provide for the charging of fees in respect of applications for certificates consenting to the making of applications for the grant of licences under that Act or for the transfer of such licences) shall come into force on 1st April 1991.
Kenneth Baker
One of Her Majesty’s Principal Secretaries of State
Home Office
17th January 1991


text:
Citation and commencement
1
This Order may be cited as the Veterinary Surgeons Qualifications(EEC Recognition) (German Democratic Republic Qualifications) Order 1991and shall come into force on 1st July 1991.
Amendment to provision for recognition of qualifications inveterinary medicine
2
1
In section 5A of the Veterinary Surgeons Act 1966 (right of holders of recognised European qualificationsto be registered) after subsection (3) there shall be inserted thefollowing subsection —
3A
A person holding a qualification as to training received in theterritory of the former German Democratic Republic but which does notsatisfy the requirements laid down by the Training Directive shall notbe entitled to be registered by virtue of that qualificationunless —
a
that qualification indicates that such training commenced beforeGerman unification,
b
that qualification indicates that the holder isentitled to practise as a veterinary surgeon throughout the territory ofGermany to the same extent as the holder of the German State examinationcertificate in veterinary medicine, and
c
he produces to the registrar a certificate of the competent Germanauthority that he has lawfully practised veterinary surgery in Germanyfor at least three consecutive years during the five years preceding thedate of issue of the certificate.
.
2
In Schedule 1A to the Veterinary Surgeons Act 1966 (recognisedEuropean qualifications in veterinary surgery) under the sub-heading“Germany”, paragraph 2 (relating to diplomas issued by the competentauthorities in the German Democratic Republic) shall be deleted and thefigure“1” shall be omitted from the beginning of the remaining paragraph.
G.I. de Deney
Clerk of the Privy Council


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


text:
1
These Regulations shall come into force on 13th December 1991 and may be cited as the International Carriage of Perishable Foodstuffs (Amendment) (No. 3) Regulations 1991.
2
For the definition of “ ATP ” in regualtion 2 (Interpretation and transitional provision) of the International Carriage of Perishable Foodstuffs Regulations 1985 there shall be substituted the following definition —
“ATP” means the Agreement on the International Carriage of Perishable Foodstuffs and on the Special Equipment used for such carriage (ATP) concluded at Geneva on 1st September 1970 as amended pursuant to article 18 of the agreement and as further amended pursuant to that article by an amendment to Annex 1 which came into operation on 15th May 1991 and by amendments to appendices 1 and 2 of Annex 1 which came into operation on 6th July 1989 , 30th September 1990 and 13th December 1991 and an amendment to Annex 2 which came into operation on 28th March 1991 .
Signed by authority of the Secretary of State for Transport
Christopher Chope
Parliamentary Under Secretary of State,
Department of Transport
12th November 1991


text:
1
This Order may be cited as the Criminal Justice Act 1991 (Commencement No. 1) Order 1991.
2
1
The provisions of the Criminal Justice Act 1991 (“the 1991 Act ”) referred to in column (1) of Schedule 1 to this Order (which relate to the matters described in column (2) of that Schedule) shall come into force on 14th October 1991.
2
Subject to paragraph (3) below, the provisions of the 1991 Act referred to in column (1) of Schedule 2 to this Order (which relate to the matters described in column (2) of that Schedule) shall come into force on 25th October 1991.
3
Notwithstanding paragraph (2) above, section 26(3) of the 1991 Act shall not come into force in so far as it would, apart from this paragraph, have effect with respect to the penalty provided by section 10(2)(b) of the Badgers Act 1973 for an offence under section 9(3) of that Act (contravention of or failure to comply with terms of licence).
4
Subject to paragraph (5) below, the provisions of the 1991 Act referred to in column (1) of Schedule 3 to this Order (which relate to the matters described in column (2) of that Schedule) shall come into force on 31st October 1991.
5
Until such time as section 75 of the 1991 Act (which provides for the combining in one probation area of all of the petty sessions divisions of the inner London area) may be in force, the references in paragraph 3(5) of Schedule 3 to the Powers of Criminal Courts Act 1973 to the inner London probation area shall be treated as if they were references to the inner London area.
3
1
Subject to paragraphs (2) and (3) below, this Order extends to England and Wales only.
2
The following provisions of this Order also extend to Scotland, namely —
a
in Schedule 1, the bringing into force of sections 99 and 102 of the 1991 Act;
b
in Schedule 3, the bringing into force of section 26(4) of the 1991 Act.
3
The following provisions of this Order also extend to Northern Ireland, namely, in Schedule 1, the bringing into force of sections 99 and 102 of the 1991 Act.
Kenneth Baker
One of Her Majesty’s Principal Secretaries of State
Home Office
2nd October 1991


text:
Citation, commencement and interpretation
1
1
These Regulationss may be cited as the Housing Benefit (General) Amendment Regulations 1991 and shall come into force as follows —
a
for the purposes of regulations 1, 5, 7 and 8 on 13th March 1991;
b
for all other purposes on 1st April 1991.
2
In these Regulations “the principal Regulations ” means the Housing Benefit (General) Regulations 1987 .
Amendment of regulations 5, 51 and Schedule 2 of the principal Regulations
2
1
In regulation 5(9) (circumstances in which a person is or is not to be treated as occupying a dwelling as his home) and Schedule 2 paragraph 7(1)(b) (applicable amounts) of the principal Regulations for the words “the Training Commission” there shall be substituted the words “the Secretary of State”.
2
In regulation 51(2)(b) (eligible rent) of the principal Regulations for the words “the Training Commisssion” there shall be substituted the words “the Secretary of State for Employment”.
Amendment of regulation 11 of the principal Regulations
3
In regulation 11 of the principal Regulations (restrictions on unreasonable payments) paragraph (2) shall be amended in the following respects —
a
for the words “Subject to paragraphs (3) to (4), where the appropriate authority considers” there shall be substituted the words “The appropriate authority shall consider”;
b
in sub-paragraphs (a) and (c) for the words “otherwise that” there shall be substituted the words “otherwise, whether”;
c
after sub-paragraph (c) for the words “the authority may” there shall be substituted the words “and, where it appears to the authority that the dwelling is larger than is reasonably required or that the rent is unreasonably high, the authority shall, subject to paragraphs (3) to (4),”;
d
the words “eligible rates or” shall be omitted.
Amendment of regulation 29 of the principal Regulations
4
In regulation 29(2) of the principal Regulations (sums to be disregarded in calculating the net earnings of employed earners) for the words “paragraphs 1 to 11” there shall be substituted the words “paragraphs 1 to 12”.
Amendment of regulation 33 of the principal Regulations
5
In regulation 33(3A) of the principal Regulations (calculation of income other than earnings) after the words “Education (Student Loans) Act 1990” there shall be inserted the words “or article 3 of the Education (Student Loans) (Northern Ireland) Order 1990 .”.
Amendment of regulation 43A of the principal Regulations
6
1
Regulation 43A of the principal Regulations (diminishing notional capital rule) shall be amended in accordance with the following paragraphs.
2
In paragraph (3) —
a
in sub-paragraph (a) for the words “refers, and” there shall be substituted the words “refers;”;
b
for sub-paragraph (b) there shall be substituted the following sub-paragraph —
b
where the claimant has also claimed community charge benefit, the amount of any community charge benefit or any additional amount of that benefit to which he would have been entitled in respect of the benefit week to which paragraph (2) refers but for the application of regulation 33(1) of the Community Charge Benefits (General) Regulations 1989 (notional capital) ;
;
c
after sub-paragraph (b) there shall be added the following sub-paragraphs —
c
where the claimant has also claimed family credit, the amount of family credit or any additional amount of that benefit to which he would have been entitled in respect of the benefit week to which paragraph (2) refers but for the application of regulation 34(1) of the Family Credit (General) Regulations 1987 (notional capital) ;
d
where the claimant has also claimed income support, the amount of income support to which he would have been entitled in respect of the benefit week to which paragraph (2) refers but for the application of regulation 51(1) of the Income Support (General) Regulations 1987 (notional capital) .
.
3
Paragraph (4) shall be amended in accordance with the following sub-paragraphs —
a
for the words “the amount shall be equal” there shall be substituted the words “the amount of the reduction shall be equal”;
b
in sub-paragraph (b) the words “,within the meaning of regulation 2(1) of those Regulations (interpretation),” and the words “(if any)” shall be omitted;
c
for the words “if the relevant week is a part-week” there shall be substituted the words “if the amount is in respect of a part-week”;
d
after sub-paragraph (b) there shall be added the following sub-paragraphs —
c
if the claimant would, but for regulation 34(1) of the Family Credit (General) Regulations 1987, have been entitled to family credit or to an additional amount of that benefit in respect of the benefit week within the meaning of regulation 34A(8)(a) of those Regulations (diminishing notional capital rule) , which includes the last day of the relevant week, the amount which is equal to —
i
in a case where no family credit is payable, the amount to which he would have been entitled, or
ii
in any other case, the amount equal to the additional amount of family credit to which he would have been entitled; and
d
if the claimant would, but for regulation 51(1) of the Income support (General) Regulations 1987, have been entitled to income support in respect of the benefit week, within the meaning of regulation 2(1) of those Regulations (interpretation), which includes the last day of the relevant week, the amount to which he would have been entitled and, for the purposes of this sub-paragraph, if the amount is in respect of a part-week, that amount shall be determined by dividing the amount of the income support to which he would have been so entitled by the number equal to the number of days in the part-week and multiplying the quotient so obtained by 7.
.
4
In paragraph (8) —
a
sub-paragraph (a) shall be amended by inserting the words “in paragraph (4)(b)” after the word “part-week”;
b
after sub-paragraph (a) there shall be inserted the following sub-paragraph —
aa
“part-week” in paragraph (4)(d) means
i
a period of less than a week which is the whole period for which income support is payable; and
ii
to any other period of less than a week for which it is payable;
.
Amendment of regulation 48A of the principal Regulations
7
In regulation 48A of the principal Regulations (full-time students to be treated as not liable to make payments in respect of a dwelling) —
a
in sub-paragraph (2)(g) after head (iii) there shall be added the word “or” and the following head shall be inserted —
iv
a supplementary requirement has been determined under paragraph 15 of Schedule 7 to the Students Awards Regulations (Northern Ireland) , paragraph 15 of Schedule 7 to the Students Awards Regulations (Northern Ireland) 1988 , paragraph 12 of Schedule 7 to the Students Awards Regulations (Northern Ireland) 1990 or paragraph 12 of Schedule 7 to the Students Awards ( No. 2) Regulations (Northern Ireland) 1990 or a payment has been made under Article 50(3) of the Education and Libraries (Northern Ireland) Order 1986 ,
;
b
in paragraph (3) the following words shall be added at the end —
or any course to which Schedule 1 to the Education (Students Loans) Act 1990 refers
.
Amendment of regulation 57A of the principal Regulations
8
In regulation 57A(1) of the principal Regulations (treatment of student loans) after the words “Education (Students Loans) Act 1990” there shall be inserted the words “or Article 3 of the Education (Student Loans) (Northern Ireland) Order 1990”.
Amendment of regulation 63 of the principal Regulations
9
In regulation 63(8) of the principal Regulations (non-dependant deductions) the word “single” shall be omitted.
Amendment of regulation 72 of the principal Regulations
10
In regulation 72 of the principal Regulations (time and manner in which claims are to be made) —
a
in paragraph (5) after sub-paragraph (b) there shall be inserted the following sub-paragraph —
bb
in a case where a claimant or his partner is a person on income support and he becomes liable for the first time to make payments in respect of the dwelling which he occupies as his home, where the claim is received at the designated office within 4 weeks of the claimant first becoming liable for such payments, the date he became liable for those payments;
;
b
in paragraph (14)(a) for the words “regulation 67(a)” there shall be substituted the words “regulation 67(a) and (b)”.
Amendment of regulation 99 of the principal Regulations
11
In regulation 99(2) of the principal Regulations (recoverable overpayments) after the words “receipt of the payment” there shall be inserted the words “or of any notice relating to that payment”.
Amendment of Schedule 1 to the principal Regulations
12
In Schedule 1 to the principal Regulations (ineligible service charges) after sub-paragraph 2(1) there shall be inserted the following sub-paragraph —
1A
Subject to paragraph 1A, where the appropriate authority considers that the amount of any service charge to which regulation 10(1)(e) (rent) applies and which is separately identified within other payments made by the occupier in respect of the dwelling is unreasonably low having regard to the service provided, it shall substitute a sum for the charge in question which it considers represents the value of the services concerned and the amount so substituted shall be ineligible to be met by housing benefit.
.
Amendment of Schedule 1A to the principal Regulations
13
In Schedule 1A to the principal Regulations (excluded tenancies) in paragraph 2(3) at the end the following head shall be added —
e
in a case where the rent officer has made a determination for the purposes of Schedule 1 paragraph 2 to the Rent Officers (Additional Functions) Order 1990 or Schedule 1 paragraph 2 to the Rent Officers (Additional Functions) (Scotland) Order 1990 (size and rent determinations), but since the date of the application for that determination —
i
a child, who is a member of the household occupying the dwelling, has attained the age of 10 years; or
ii
a young person, who is a member of the household occupying that dwelling, has attained the age of 16 years.
.
Amendment of Schedule 5 to the principal Regulations
14
In Schedule 5 to the principal Regulations (capital to be disregarded) in paragraph 15 for the words “paragraph 9” there shall be substituted the words “paragraph 11”.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
13th February 1991


text:
1
This Order may be cited as the Public Telecommunication System Designation (Diamond Cable (Grantham) Limited) Order 1991 and shall come into force on4th October 1991.
2
Each of the Applicable Cabled Systems is hereby designated as a public telecommunication system.
John Redwood
Minister of State,
Department of Trade and Industry
3rd September 1991


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Imported Food (Peruvian Foodstuffs) Regulations 1991, and shall come into force on I st March 1991.
2
In the Schedules to these Regulations except where the context otherwise requires, a reference to any description of food is a reference to that food when not combined with other ingredients except —
a
salt; or
b
in the case of fruit, oil or wax.
Prohibition on importation of Peruvian food
2
1
Subject to paragraph (2) of this regulation, the importation into Great Britain of food which has been harvested in Peru or subjected in Peru to any process of cleaning, freezing, packaging or washing is prohibited.
2
The prohibition imposed by paragraph (1) of this regulation does not apply to food which —
a
is a canned foodstuff with a pH value less than 4.5; or
b
subject to paragraph (4) of this regulation is of a description —
i
specified in Schedule I to these Regulations; or
ii
specified in Schedule 2 to these Regulations and at least 21 days have elapsed at the time of its arrival in Great Britain since it left Peru and, in the case of melons the skin is undamaged.
3
Any person who imports into Great Britain any food in contravention of paragraph (1) of this regulation shall be guilty of an offence triable summarily and liable on conviction to imprisonment for a period not exceeding three months or to a fine not exceeding level 5 on the standard scale or to both.
4
Nothing in sub-paragraph (b) of paragraph (2) of this regulation or the Schedules to these Regulations shall be taken to permit the importation into Great Britain of any canned foodstuff whose pH value is 4.5 or more, and in these Regulations “pH value” means the negative decimal logarithm of the concentration of hydrogen ions expressed in moles per litre.
Application of provisions of the Food Safety Act 1990
3
1
The following provisions of the Food Safety Act 1990 shall apply for the purposes of an offence under regulation 2(3) of these Regulations as they apply for the purposes of an offence under Part 11 of that Act: —
section 30(8) (which relates to documentary evidence);
section 36 (offences by bodies corporate).
2
Each of the following sections of the Food Safety Act 1990 shall apply to proceedings for an offence under regulation 2(3) of these Regulations as they apply to proceedings for an offence under any of the provisions in Part II of that Act which precede that section: —
section 20 (offence due to fault of another person);
section 21 (defence of due diligence).
Execution and enforcement
4
1
Subject to paragraph (2) below these Regulations shall be enforced and executed —
a
as respects each London borough or district in England and Wales, by the council of that borough or district;
b
as respects the City of London (including the Temples), by the Common Council;
c
as respects an islands area or district in Scotland by the islands or district council.
2
Where any functions under the Food Safety Act 1990 are assigned —
a
by an order under section 2 or 7 of the Public Health (Control of Disease) Act 1984 to a port health authority; or
b
by an order under section 172 of the Public Health (Scotland) Act 1897 to a port local authority;
these Regulations shall be enforced by that authority within its area and not by the food authority mentioned in paragraph (1) of this regulation.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed this 28th day of February 1991.
Trumpington
Minister of State, Ministry of Agriculture, Fisheries and Food
28th February 1991
Signed by authority of the Secretary of State for Health.
Stephen Dorrell
Parliamentary Under-Secretary of State,
Department of Health
28th February 1991
Signed by authority of the Secretary of State for Wales.
Nicholas Bennett
Parliamentary Under-Secretary of State, Welsh Office
28th February 1991
Signed by authority of the Secretary of State for Scotland.
Michael B. Forsyth
Minister of State, Scottish Office
28th February 1991


text:
1
This Order may be cited as the Borough of Langbaurgh (Electoral Arrangements) Order 1991.
2
This Order shall come into force on 2nd May 1991 except that, for the purpose of all proceedings preliminary or relating to an election to be held on or after that day, it shall come into force forthwith.
3
1
The map referred to in this Order is the map marked “MAP REFERRED TO IN THE BOROUGH OF LANGBAURGH (ELECTORAL ARRANGEMENTS) ORDER 1991” and deposited with the Secretary of State.
2
Copies of the map, marked “COPY OF THE MAP REFERRED TO IN THE BOROUGH OF LANGBAURGH (ELECTORAL ARRANGEMENTS) ORDER 1991”, shall be deposited with the council of the Borough of Langbaurgh and with the Director General of the Ordnance Survey and such copies shall, at all reasonable times, be open to inspection by any person.
3
Where a boundary is shown on the map as running along a road, railway line, footway, waterway or other similar geographical feature, it shall be treated as running along the centre line thereof.
4
1
The existing wards of the Borough of Langbaurgh shall be abolished and that Borough shall be divided into twenty-two wards which shall bear the names set out in column 1 of the Schedule to this Order, and each such ward shall comprise the area designated on the map by reference to the name of the ward, and demarcated by red lines thereon.
2
The number of councillors to be elected for each ward constituted by this Order shall be the number specified in column 2 of the Schedule to this Order opposite to the name of the ward as given in column 1 of that Schedule.
Kenneth Baker
One of Her Majesty’s Principal Secretaries of State
Home Office
18th March 1991


text:
1
The new highways which the Secretary of State proposes to construct: —
a
along the route described in Schedule 1 to this Order (the highway along this route being in this Order referred to as “the main new trunk road”); and
b
along the routes described in Schedule 2 to this Order which connect the main new trunk road with other highways at the places stated in that Schedule (the highways along these routes being in this Order referred to as “the slip roads”),
shall become trunk roads as from the date when this Order comes into force.
2
The centre line of each of the new trunk roads is indicated by a heavy black line on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of any of the new trunk roads that —
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purpose of through traffic.
4
In this Order —
a
all measurements of distance are measured along the route of the relevant highway;
b
i
“the deposited plan” means the plan contained in the plans folio numbered GLRT 065/5010/10/035/1, marked “The A40 Trunk Road (Gipsy Corner Junction Improvement, Trunk Road and Slip Roads) Order 1991”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the new trunk roads” means the main new trunk road and the slip roads; and
iii
“the trunk road” means the part of the A40 Trunk Road known as Western Avenue.
5
This Order shall come into force on 25th July 1991 and may be cited as the A40 Trunk Road (Gipsy Corner Junction Improvement, Trunk Road and Slip Roads) Order 1991.
Signed by authority of the Secretary of State for Transport
I. Yass
A Grade 3 Officer in the
Department of Transport
5th July 1991


text:
Citation and Commencement
1
These Regulations may be cited as the Children (Representations, Placements and Reviews) (Miscellaneous Amendments) Regulations 1991 and shall come into force on 14th October 1991 immediately after the regulations which they amend.
Amendments to the Representations Procedure (Children) Regulations 1991
2
The Representations Procedure (Children) Regulations 1991 shall be amended as follows —
a
in regulation 4(2) (recording oral representations in writing), for the words from “agree that” to the end of the sentence, there shall be substituted the words “comment on the accuracy of the record.”;
b
after regulation 4(2), there shall be inserted the following paragraph —
2A
The authority shall consider any comments made by the complainant under paragraph (2) and shall make any amendments to the record which they consider to be necessary.
;
c
for regulation 4(3) there shall be substituted —
3
For the purposes of the following provisions of these Regulations, the written record referred to in paragraph (2), as amended where appropriate in accordance with paragraph (2A), shall be deemed to be the representations.
;
d
in regulation 9(3) (local authority consideration of what action to take), for the word “decisions” there shall be substituted “discussions”;
e
in regulation 12(2) (application of Regulations to representations by foster parents), for the words “Part I and III ”, there shall be substituted “Parts I to III”.
Amendments to Arrangements for Placement of Children (General) Regulations 1991
3
The Arrangements for Placement of Children (General) Regulations 1991 shall be amended as follows —
a
in regulation 5 (notification of arrangements) —
i
paragraph (1)(e) shall be omitted;
ii
in paragraph (1)(g), the words “, not being an officer of a local authority,” shall be omitted.
Amendments to Review of Children’s Cases Regulations 1991
4
After regulation 11 of the Review of Children’s Cases Regulations 1991 there shall be inserted the following regulation —
Transitional Provisions
12
1
Where immediately before 14th October 1991 a child is being accommodated by a local authority, a voluntary organisation or in a registered children’s home, regulation 3 (time when each case is to be reviewed) shall have effect subject to the following provisions of this regulation.
2
Where a child has been accommodated by a local authority, voluntary organisation or in a registered children’s home for less than four weeks before14th October 1991 and —
a
there has not been a review of the case, that child’s case shall be reviewed within four weeks of 14th October 1991 and thereafter in accordance with regulation 3(2);
b
there has been a review of the case before 14th October 1991 that child’s case shall be reviewed thereafter in accordance with regulation 3(2).
3
Where a child has been accommodated by a local authority, voluntary organisation or in a registered children’s home for four weeks or more, but for less than three months, before 14th October 1991 and —
a
there has not been a review of the case, that child’s case shall be reviewed within three months of 14th October 1991 and thereafter not more than six months after the date of the previous review;
b
there has been a review of the case before 14th October 1991, that child’s case shall be reviewed thereafter not more than six months after the date of the previous review.
4
Where a child has been accommodated by a local authority, voluntary organisation or in a registered children’s home for three months or more, but for less than six months, before 14th October 1991 and
a
there has not been a review of the case, that child’s case shall be reviewed within six months of the day on which the child was first so accommodated and thereafter not more than six months after the date of the previous review;
b
there has been a review of the case by 14th October 1991 that child’s case shall be reviewed thereafter not more than six months after the date of the previous review. shall be reviewed within 6 months of 14th October 1991 and thereafter not more than 6 months after the date of the previous review.
5
Where a child has been accommodated in a registered children’s home otherwise than by a local authority or voluntary organisation for more than 6 months before 14th October 1991 that child’s case shall be reviewed within 6 months of 14th October 1991 and thereafter not more than 6 months after the date of the previous review.
.
Signed by authority of the Secretary of State for Health
Virginia Bottomley
Minister of State,
Department of Health
9th September 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as The South Staffordshire Waterworks Company (Constitution and Regulation) Order 1991 and shall come into force on 25th November 1991.
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.
Date on which memorandum and articles come into force etc.
3
The date specified for the purposes of section 101(2) of the Act as the date on which the memorandum and articles shall come into force and the relevant provisions shall cease to have effect is 25th November 1991.
Consequential provision
4
The local statutory provisions referred to in Schedule 2 hereto are repealed to the extent indicated in that Schedule with effect from 25th November 1991.
Michael Heseltine
One of Her Majesty’s Principal Secretaries of State
28th October 1991


text:
Citation and commencement
1
1
This Act of Sederunt may he cited as the Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment) 1991 and shall come into force on 29th April 1991.
2
This Act of Sederunt shall be inserted in the Books of Sederunt.
Amendment of solicitor’s fees
2
1
In the Table of Fees in the Schedule to the Act of Sederunt (Fees of Solicitors in the Sheriff Court) 1989 , in Chapters I, II , III , IV and VI , for the fees specified in column 2 of the Schedule to this Act of Sederunt in relation to the paragraphs specified in column 1 of that Schedule there shall be substituted the fees specified in column 3 of that Schedule; and the fees so substituted shall be payable for work, in respect of which these fees are chargeable, done on or after the date on which this Act of Sederunt comes into force.
2
The fees specified in the Table of Fees in the Schedule to the Act of Sederunt (Fees of Solicitors in the Sheriff Court) 1989 which are specified in column 2 of the Schedule to this Act of Sederunt in relation to the paragraphs specified in column 1 of that Schedule shall continue to have effect in respect of work done before this Act of Sederunt conies into force.
J. A. D Hope
Lord President, IPD
Edinburgh,
22nd March 1991