text:
Citation, commencement and interpretation
1
These Regulations, which may be cited as the Housing Renovation etc. Grants (Reduction of Grant) (Amendment) Regulations 1991, shall come into force on 1st May 1991, and in these Regulations “the principal Regulations ” means the Housing Renovation etc. Grants (Reduction of Grant) Regulations 1990 .
Amendment of Regulations
2
1
The principal Regulations are amended in accordance with this regulation.
2
In regulation 2 (interpretation), the following definition is inserted after the definition of “war widow’s pension”–
“water charges” means–
as respects England and Wales, any water and sewerage charges under Chapter IV of Part II of the Water Act 1989,
as respects Scotland, any water and sewerage charges under Schedule 5 to the Abolition of Domestic Rates Etc. (Scotland) Act 1987,
in so far as such charges are in respect of the dwelling which a person occupies as his only or main residence;
3
In regulation 4 (definition of non-dependant), for sub-paragraph (e) of paragraph (2) the following sub-paragraph is substituted–
e
subject to paragraph (3)–
i
any person who is liable to make payments on a commercial basis to the relevant person or the relevant person’s partner in respect of the occupation of the dwelling,
ii
any person to whom or to whose partner the relevant person or the relevant person’s partner is liable to make payments on a commercial basis in respect of the occupation of the dwelling, or
iii
any other member of the household of the person to whom or to whose partner the relevant person or the relevant person’s partner is liable to make payments on a commercial basis in respect of the occupation of the dwelling;
.
4
In regulation 8 (the applicable amount), for “£20” in paragraph (b) there is substituted “£22”.
5
In regulation 10 (reduction in amount of grant) for “51.54” in paragraph (a) there is substituted “53.35” and for “34.62” in paragraph (b) there is substituted “35.37”.
6
In regulation 16 (determination of income on a weekly basis) for paragraph (2) the following paragraph is substituted–
2
For the purposes of paragraph (1) “income” includes income to which regulations 27 (capital treated as income), 28 (notional income) and 42A (treatment of student loans) refer.
7
In regulation 22 (determination of net earnings of employed earners) for “1 to 11” in paragraph (2) there is substituted “1 to 12”.
8
In regulation 23 (earnings of self-employed earners) after the words “Employment and Training Act 1973(a)” there are inserted the words “or section 2 of the Enterprise and New Towns (Scotland) Act 1990”
9
In regulation 24 (determination of net profit of self-employed earners) for “1 to 11” in paragraph (2) there is substituted “1 to 12”.
10
In regulation 28 (notional income), in sub-paragraph (a) of paragraph (3) for the words from “eligible rates” to the end there are substituted the words “eligible rent to which regulation 10 of the Housing Benefit (General) Regulations 1987(c) refers, community charge or water charges, of that single person or, as the case may be, of any member of that family”
11
In regulation 35 (notional capital), in sub-paragraph (a) of paragraph (3) for the words from “eligible rates” to the end there are substituted the words “eligible rent to which regulation 10 of the Housing Benefit (General) Regulations 1987 refers, community charge or water charges, of that single person or, as the case may be, of any member of that family”.
12
In Part V of the principal Regulations (students)–
a
in regulation 38 (interpretation), in the definition of “grant” at the end are added the words “but does not include a payment derived from funds made available by the Secretary of State for the purpose of assisting students in financial difficulties under section 100 of the Education Act 1944, sections 131 and 132 of the Education Reform Act 1988 or section 73 of the Education (Scotland) Act 1980”
b
in regulation 40 (determination of grant income) for “£234” in sub-paragraph (g) of paragraph (2) there is substituted “£246”;
c
after regulation 42, the following regulation is inserted–
Treatment of student loans
42A
1
A loan which is made to a student pursuant to arrangements made under section 1 of the Education (Student Loans) Act 1990 or article 3 of the Education (Student Loans) (Northern Ireland) Order 1990 shall be treated as income.
2
Any loan for which a student is eligible under the arrangements mentioned in paragraph (1) but which has not been acquired by him shall be treated as possessed by him and paragraph (1) shall apply accordingly; and for the purposes of this paragraph the loan for which a student is eligible is the maximum amount payable to him under those arrangements.
13
In Schedule 1 tothe principal Regulations (applicable amounts)–
a
in Part I (personal allowances), for the amounts specified in column (2) of paragraph 1 the following amounts are substituted–
(1) (a) £31.15; (b) £39.65. (2) (a) £31.15; (b) £39.65. (3) (a) £47.30; (b) £62.25.
;
b
in Part I, for the amounts specified in column (2) of paragraph 2 the following amounts are substituted–
(a) £13.35; (b) £19.75; (c) £23.65; (d) £31.15.
;
c
in Part II (family premium), for “£7.35” in paragraph 3 there is substituted “£7.95”;
d
in Part III (premiums)–
i
in paragraph 4 for the reference “7 to 14” there is substituted the reference “7 to 14A”,
ii
in paragraph 6(2) for the words “The disabled child premium to which paragraph 14 applies” there are substituted the words “The disabled child premium and the carer premium to which paragraphs 14 and 14A respectively apply”,
iii
in paragraph 11 in sub-paragraph (a) the word “person” is inserted after the words “a single” and for the words “in paragraph 12(1)(a)” in sub-paragraph (b)(ii) there are substituted the words “in paragraph 12(1)(a) or (b)”,
iv
in paragraph 12, in sub-paragraph (1)(b) the words “or of his partner” are inserted after the words “relevant person” and for the word “he” there is substituted the word “either”,
v
in paragraph 12, in sub-paragraph (4) after the words “Employment and Training Act 1973(e)” there are inserted the words “or section 2 of the Enterprise and New Towns (Scotland) Act 1990” ,
vi
in paragraph 12, in sub-paragraphs (3), (4) and (5) the word “relevant” is omitted,
vii
after paragraph 14 the following paragraph is inserted–
Carer premium
14A
1
The condition is that the relevant person or his partner is, or both of them are, in receipt of invalid care allowance under section 37 of the 1975 Act.
2
If a relevant person or his partner, or both of them, would be in receipt of invalid care allowance but for the provisions of the Social Security (Overlapping Benefits) Regulations 1979, where–
a
the claim for that allowance was made on or after 1st May 1991, and
b
the person or persons in respect of whose care the allowance has been claimed remains or remain in receipt of attendance allowance,
he or his partner, or both of them, as the case may be, shall be treated for the purposes of sub-paragraph (1) as being in receipt of invalid care allowance.
;
e
in Part IV (amounts of premiums specified in Part III), paragraph 16 is re-numbered paragraph 17 and for the amounts specified in Part IV the following amounts are substituted–
(1) £10.05. (2) (a) £13.75; (b) £20.90. (3) (a) £15.55; (b) £23.35. (4) (a) £18.45; (b) £26.20. (5) (a) £16.65; (b) £23.90. (6) (a) £31.25; (b) (i) £31.25; (ii) £62.50. (7) £16.65
;
f
the following sub-paragraph is inserted at the end of Part IV–
(8) Carer premium (8) £10.80 in respect of each person who satisfies the condition specified in paragraph 14A.
.
14
In Schedule 2 to the principal Regulations (sums to be disregarded in the determination of earnings), the following paragraph is substituted for paragraph 4–
4
If an amount by way of a lone parent premium under Schedule 1 is or, but for any pensioner premium, higher pensioner premium or disability premium being applicable to him, would be included in the determination of the relevant person’s applicable amount, £25.
.
15
In Schedule 3 to the principal Regulations (sums to be disregarded in the determination of income other than earnings)–
a
the following paragraph is substituted for paragraph 11–
11
In the case of a relevant person attending a course at an employment rehabilitat centre established under section 2 of the Employment and Training Act 1973(f) or participating in arrangements for training made under that section or under section 2 of the Enterprise and New Towns (Scotland) Act 1990–
a
any travelling expenses reimbursed to the relevant person;
b
if he receives an allowance under section 2(2)(d) of the former Act or under section 2(4)(c) of the latter Act, such amount, if any, of that allowance expressed to be a living away from home allowance;
c
any training premium,
but this paragraph, except in so far as it relates to a payment under sub-paragraph (a), (b) or (c), does not apply to any part of any allowance under the said section 2(2)(d) or the said section 2(4)(c).
;
b
the following paragraph is substituted for paragraph 13–
13
1
Except where sub-paragraph (2) applies and subject to sub-paragraph (3) and paragraphs 33 and 34, £10 of any charitable payment or of any voluntary payment made or due to be made at regular intervals.
2
Subject to sub-paragraph (3) and paragraph 34, any charitable payment or voluntary payment made or due to be made at regular intervals which is intended and used for an item other than food, ordinary clothing or footwear, household fuel, eligible rent to which regulation 10 of the Housing Benefit (General) Regulations 1987(b) refers, community charges or water charges of a single relevant person or, as the case may be, of the relevant person or any other member of his family.
3
Sub-paragraphs (1) and (2) shall not apply to a payment which is made by a person for the maintenance of any member of his family or of his former partner or of his children.
4
For the purposes of sub-paragraph (1) where a number of charitable or voluntary payments fall to be taken into account in any one week they shall be treated as though they were one such payment.
5
For the purposes of sub-paragraph (2) the expression “ordinary clothing or footwear” has the same meaning as in regulation 28(8).
;
c
in paragraph 14, the following sub-paragraph is added at the end–
d
loan treated as income by virtue of regulation 42A.
;
d
the following paragraphs are added after paragraph 43–
44
1
Any payment or repayment made–
a
as respects England and Wales, under regulation 3, 5 or 8 of the National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988 (travelling expenses and health service supplies);
b
as respects Scotland, under regulation 3, 5 or 8 of the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Regulations 1988 (travelling expenses and health service supplies);
2
Any payment or repayment made by the Secretary of State for Health, the Secretary of State for Scotland or the Secretary of State for Wales, which is analogous to a payment or repayment mentioned in sub-paragraph (1).
45
Any payment made under regulations 9 to 11 or regulation 13 of the Welfare Food Regulations 1988 (payments made in place of milk tokens or the supply of vitamins).
46
Any payment made by either the Secretary of State for the Home Department or by the Secretary of State for Scotland under a scheme established to assist relatives and other persons to visit persons in custody.
.
16
In Schedule 4 to the principal Regulations (capital to be disregarded)–
a
in paragraph 5(a) for the words “any member of” there are substituted the words “a relevant person who is single or of any member of”;
b
in paragraph 8 the following sub-paragraph is added–
2
The assets of any business owned in whole or in part by the relevant person where–
a
he is not engaged as a self-employed earner in that business by reason of some disease or bodily or mental disablement; but
b
he intends to become engaged or, as the case may be, re-engaged as a self-employed earner in that business as soon as he recovers or is able to become engaged or re-engaged in that business.
;
c
the following paragraph is substituted for paragraph 14–
14
1
Subject to sub-paragraph (2), where the funds of a trust are derived from a payment made in consequence of any personal injury to the relevant person, the value of the trust fund and the value of the right to receive any payment under that trust.
2
Any value to which sub-paragraph (1) applies shall be disregarded under this paragraph to the extent only that it does not represent funds or a payment which are for carrying out works to which the application relates.
;
d
in paragraph 16 for the reference “paragraph 9 of Schedule 2” there is substituted the reference “paragraph 11 of Schedule 2”;
e
in paragraph 22 for the words “(capital treated as income)” there are substituted the words “or 42A (capital treated as income and treatment of student loans)”;
f
in paragraph 32, after the words “Secretary of State)” there are inserted the words “or under section 2 of the Enterprise and New Towns (Scotland) Act 1990 (functions in relation to training for employment etc.)” and for the words “that section” at the end there are substituted the words “section 2(4)(c)”;
g
the following paragraphs are added after paragraph 36–
37
Any arrears of special war widows payment which is disregarded under paragraph 42 of Schedule 3 (sums to be disregarded in the determination of income other than earnings).
38
1
Any payment or repayment made–
a
as respects England and Wales, under regulation 3, 5 or 8 of the National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988 (travelling expenses and health service supplies);
b
as respects Scotland, under regulation 3, 5 or 8 of the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Regulations 1988 (travelling expenses and health service supplies).
2
Any payment or repayment by the Secretary of State for Health, the Secretary of State for Scotland or the Secretary of State for Wales which is analogous to a payment or repayment mentioned in sub-paragraph (1).
39
Any payment made under regulations 9 to 11 or regulation 13 of the Welfare Food Regulations 1988 (payments made in place of milk tokens or the supply of vitamins).
40
Any payment made either by the Secretary of State for the Home Department or by the Secretary of State for Scotland under a scheme established to assist relatives and other persons to visit persons in custody.
.
Transitional
3
In respect of any application for a grant made before 1st May 1991 the provisions of the principal Regulations shall apply as if these Regulations had not come into force.
Michael Heseltine
Secretary of State for the Environment
26th March 1991
David Hunt
Secretary of State for Wales
26th March 1991
We consent,
Sydney Chapman
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
28th March 1991


type: legislation

jurisdiction: UK

text:
Title, commencement and extent
1
1
These Regulations may be cited as the Milk and Dairies and Milk (Special Designation) (Charges) (Amendment) Regulations 1991 and shall come into force on 14th January 1992.
2
These Regulations extend to England and Wales.
Amendment of the Milk and Dairies and Milk (Special Designation) (Charges) Regulations 1990
2
The Milk and Dairies and Milk (Special Designation) (Charges) Regulations 1990 (“the Milk Charges Regulations”) shall be further amended in accordance with the following provisions of these Regulations.
Amendment of regulation 2
3
In regulation 2(1) of the Milk Charges Regulations the definition of “follow-up visit” shall be deleted, and so shall the remainder of the sub-paragraph ending in the words “sampling dairy farm visit” within which that definition appears.
Replacement of Schedule
4
For the Schedule to the Milk Charges Regulations there shall be substituted the new Schedule set out in the Schedule to these Regulations.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 17th December 1991
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Signed by authority of the Secretary of State for Health
Stephen Dorrell
Parliamentary Under Secretary of State for Health
19th December 1991
David Hunt
Secretary of State for Wales
17th December 1991


text:
Citation and commencement
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No.3) Regulations 1991 and shall come into force on 7th October 1991.
Preliminary
2
The Road Vehicles (Construction and Use) Regulations 1986 shall be further amended in accordance with the provisions of these Regulations.
Regulation 30 (view to the front)
3
In regulation 30(2) after “81/643” there shall be inserted “, 88/366, 90/630”.
Amendments to regulation 46 (seat belt anchorage points)
4
1
Regulation 46 shall be amended as follows.
2
In paragraph (4)(b), after “82/318” there shall be inserted “or 90/629” and after the words “Regulation 14” there shall be inserted the words “or 14.01 or 14.02”.
3
In paragraph (4B)(a), after “82/318” there shall be added “or 90/629”.
4
In paragraph (6), the word “and” immediately following sub-paragraph (a) shall be ommitted, and for sub-paragraph (b) there shall be substituted the following paragraphs —
b
a seat is a “non protected seat” if it is not a front seat and the screen zones within the protected area have a combined surface area of less than 800cm 2 ; and
c
“screen zone” and “protected area” in relation to a seat, shall be construed in accordance with paragraph 4.3.3 of Annex 1 to a Community Directive 81/575 .
Amendments to Regulation 47 (seat belts)
5
1
Regulation 47 shall be amended as follows.
2
In paragraph (3), after “77/541” there shall be inserted “or 82/319 or 90/628” and for the words “that Directive applies” there shall be substituted the words “those Directives apply”.
3
In paragraph (8), in the definition of “designated approval mark” for the words “and 23A” there shall be substituted the words “, 23A and 23B”.
Amendments to Schedule 2
6
1
Table 1 of Schedule 2 shall be amended as follows.
2
After item 55 there shall be inserted the following item —
55A 88/366 17.5.88 L181, 12.7.88, p 40 Field of vision of motor vehicle drivers 77/649 as amended by 81/643
3
After item 57, there shall be inserted the following items —
58 90/628 30.10.90 L341, 6.12.90, p.1 Safety belts and restraint systems of motor vehicles 77/541 as amended by 81/576 and 82/319 12A 59 90/269 30.10.90 L341, 6.12.90, p.14 Anchorages for motor vehicle safety belts 76/115 as amended by 81/575 and 82/318 12A 60 90/360 30.10.90 L341, 6.12.90, p.20 Field of vision of motor vehicle drivers 77/649 as amended by 81/643 and 88/366
Signed by authority of the Secretary of State for Transport
Christopher Chope
Parliamentary Under Secretary of State,
Department of Transport
5th September 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the West Midlands Residuary Body (Winding Up) Order 1991 and shall come into force on 28th March 1991.
2
In this Order —
“the 1985 Act ” means the Local Government Act 1985;
“the abolished council ” means the former West Midlands County Council;
“ the county ” means the county of West Midlands;
“expenditure” in relation to Birmingham and Wolverhampton includes administrative expenses properly incurred by them;
“the local council” means the council of a district in the county and in relation to land means the council of the district in which the land is situated;
“the Residuary Body ” means the West Midlands Residuary Body;
“Birmingham” means Birmingham City Council;
“ Lichfield ” means the council of the metropolitan district of Lichfield;
“Wolverhampton” means the council of the metropolitan borough of Wolverhampton; and
“the transfer date” means 28th March 1991.
3
For the purpose of any provision of this Order which requires the payment or recovery of sums in the appropriate proportions, —
a
the appropriate proportion in relation to any council is the proportion equal to the proportion which the population of the area of that council bears to the population of the county; and
b
the population of an area means its relevant population as calculated in accordance with section 69 of the Local Government Finance Act 1988 .
Transfer of property, etc.
2
1
On transfer date all interests of the Residuary Body in —
a
land which is the subject of an agreement for its disposal or option for its purchase shall transfer to vest in Birmingham;
b
any other land situated in the county shall transfer to and vest in the local council;
c
holding 125 Bangley Lane, Canwell, Staffordshire forming part of title numbers SF47512 and SF162639 registered at Her Majesty’s Land Registry shall transfer to and vest in the council of the county of Staffordshire (“Staffordshire”);
d
holding 163 Drayton Lane, Drayton Bassett, Canwell, Staffordshire, forming part of title numbers SFP160925 and SF162639 registered at Her Majesty’s Land Registry shall transfer to and vest in Staffordshire; and
e
any other land situated outside the county shall transfer to and vest in Birmingham.
2
Subject to paragraph (3), all rights and liabilities of the Residuary Body acquired or incurred in connection with, and all records relating exclusively to, land or interests in land transferred by paragraph (1) shall vest in the council to which it is so transferred.
3
Where prior to the transfer date the Residuary Body has disposed of any land subject toa covenant that the Residuary Body shall receive a proportion of any subsequent increased development value, the benefit of that covenant shall vest in Birmingham.
4
Subject to paragraph (5), any right or liability of the Residuary Body to receive or to repay grants or subsidies from or to the Exchequer or from or to the European Commission shall veat in Birmingham.
5
Any liability of the Residuary Body to repay such grants or subsidies as are mentioned in paragraph (4) but which are associated with land which is by paragraph (1)(b) transferred to a local council shall vest in that local council.
Transfer of money
3
1
On the transfer date the Residuary Body shall pay £1 million to Wolverhampton.
2
The sum paid by virtue of paragraph (1) shall be applied for defraying expenditure incurred by Wolverhampton on or in connection with the functions transferred to it by article 4 of this Order.
3
On the transfer date the Residuary Body shall pay £1.35 million to Lichfield.
4
The sum paid by virtue of paragraph (3) shall be applied for defraying expenditure incurred by Lichfield only on or in connection with works of repair or replacement to water supply and sewerage systems for properties at Canwell, Staffordshire.
Compensation and superannuation matters
4
1
All the functions of the Residuary Body in relation to any contract of employmeny with the abolished council or with the Residuary Body and all rights and liabilities of that Body which arise from any such contract shall on the transfer daye become functions of, or vest in, Wolverhampton.
2
Without prejudice to the generality of paragraph (1) the functions of the Residuary Body conferred by regulation 3(1) of the Local Government Superannuation (Miscellaneous Provisions) Regulations 1986 shall vest in Wolverhampton.
3
All the fuctions of the Residuary Body —
a
under paragraph 3(2) of Schedule 13 to the 1985 Act; or
b
relating to the making of payments under the Local Government Reorganisation (Reduction of Redundancy Paymentn Cases) Scheme 1986
shall on the transfer date become functions of, or transfer to Wolverhampton.
4
Regulation 3(3) of the Regulations mentioned in paragraph (2) above shall apply to the exercise by Wolverhampton of any discretionary function transferred by paragraph (1) as if references to the appropriate residuary body were references to Wolverhampton.
Transfer of rights, liabilities and records
5
1
On the transfer date all rights and liabilities of the Residuary Body —
a
in relation to the West Midlands Enterprise Board or any of its subsidiary companies shall transfer to and vest jointly in the local councils;
b
in relation to the nomination or appointment of members to any body (other than the Canwell Estates Company Limited) shall transfer to and vest jointly in the local councils; and
c
in relation to the Canwell Estates Company Limited shall transfer to and vest in Lichfield.
2
Where the abolished council or its predecessors, or, prior to the transfer date, the Residuary Body, have entered into any covenant affecting land, the benefit or the burden of that covenant, as the case may be, unless otherwise vested by article 2(3), shall vest in the local council.
3
Subject to the preceding provisions of this Order, on the transfer date —
a
all rights and liabilities and any records of the Residuary Body relating to any function which by virtue of this Order or otherwise becomes or has become a function of Wolverhampton shall transfer to and vest in Wolverhampton;
b
all records of the Residuary Body relating to the Canwell Estate, Staffordshire shall transfer to and vest in Lichfield; and
c
all remaining rights, liabilities and records of the Residuary Body shall vest in Birmingham.
Winding Up
6
On 31st March 1991 the Residuary Body shall be wound up on that date any remaining functions, property, rights and liabilities shall transfer to and vest in Birmingham.
Apportionment
7
1
All sums received by Birminham or Wolverhampton by or in pursuance of the transfer by this Order of any property or rights (other than by virtue of article 2(1)(b), (2) and 5(2)) shall afetr deduction of any relevant expenditure be apportioned among the local councils in the appropriate proportions, and Birmingham or, as the case may be, Wolverhampton shall, not later than the end of the financial year in which such sums are received, pay the appropriate proportion to each of the other local councils and shall retain the balance.
2
If in any financial year the aggregate in that year of the sums referred to in paragraph (1) is sufficient to meet any relevant expenditure for that year that excess expenditure shall be apportioned among the local councils in the appropriate propotions; and the appropriate proportion shall be recoverable by Birmingham or Wolverhampton as the case may be from each of the other local councils.
3
In this article, “relevant expenditure” means expenditure attributable to this Order which is not defrayed by virtue of any other provision of this Order.
Continuity of the exercise of functions
8
1
Anything done by or in relation to (or having effect as if done by or in relation to) the Residuary Body in the exercise of or in connection with a function which by virtue of this Order becomes the function of Birmingham or Woverhampton shall so far as is required for continuing its effect after the transfer date have effect as if done by or in relation to Birmingham or Wolverhampton as the case may be.
2
Without prejudice to the generality of paragraph (1), that paragraph applies to the making of any application, decision or determination; to the giving of any notice; to the entering into any agreement or other instrument; and to the bringing of any action proceeding.
3
Any pending action or proceeding may be amended in such a manner as may be appropriate in consequence of this Order
Complaints of maladministation by Residuary Body
9
1
The Parliamentary Commissioner may investigate or, as the case may be, continue to investigate a complaint of maladministration by the Residuary Body arising in relation to any interests in land, property or other matter transferred by this Order.
2
In relation to any such investigation begun or continued afetr the transfer date, the Parliamentary Commissioner Act 1967 shall apply as if for any reference to the proper officer of the Residuary Body there were substituted —
a
where the complaint relates to the exercise of a function which by virtue of this Order becomes a function of Wolverhampton a reference to the proper officer of Wolverhampton;
b
where the complaint relates to land, which, by virtue of this Order, vests in a local council, a reference to the proper officer of that council; or
c
in any other case, a reference to the proper officer of Birmingham
and as if any specified action had been taken by Wolverhampton, or, as the case may be, by the local council or by Birmingham.
Disputes
10
In the event of a dispute between any of the local councils as to the amount of any expenditure recoverable by Wolverhampton or Birmingham pursuant to this Order, the matter shall be determined by an arbitrator appointed by the Secretary of State; and section 31 of the Arbitration Act 1950 shall have effect in relation to the arbitration as if it were an arbitration to which that section applies.
Miscellaneous
11
The Local Government Reorganisation (Capital Money) (West Midlands) Order 1986 is hereby revoked.
Signed by authority of the Secretary of State for the Enviroment
Michael Portillo
Minister of State,
Department of the Enviroment
18th March 1991


text:
1
This Order may be cited as the Police and Criminal Evidence Act 1984 (Tape-recording of Interviews) (No. 1) Order 1991 and shall come into force on 1st January 1992.
2
This Order shall apply to interviews of persons suspected of the commission of indictable offences which are held by police officers at police stations in the police areas specified in the Schedule to this Order and which commence after midnight on 31st December 1991.
3
1
Subject to paragraph (2) below, interviews to which this Order applies shall be tape-recorded in accordance with the requirements of the code of practice on tape-recording which came into operation on 29th July 1988 as it has effect for the time being.
2
The duty to tape-record interviews under paragraph (1) above shall not apply to interviews —
a
where the offence of which a person is suspected is one in respect of which he has been arrested or detained under section 14(1)(a) of the Prevention of Terrorism (Temporary Provisions) Act 1989 ; or
b
where there are reasonable grounds for suspecting that the offence of which a person is suspected is connected to terrorism to which this paragraph applies or was committed in furtherance of the objectives of an organisation engaged in terrorism to which this paragraph applies; or
c
where a person is suspected on reasonable grounds of an offence under section 1 of the Official Secrets Act 1911 .
3
In paragraph (2)(b) above, “terrorism” has the same meaning as in section 20(1) of the Prevention of Terrorism (Temporary Provisions) Act 1989 ; and paragraph (2)(b) above applies to terrorism if it is —
a
terrorism connected with the affairs of Northern Ireland; or
b
terrorism of any other description except terrorism connected solely with the affairs of the United Kingdom or any part of the United Kingdom except Northern Ireland.
Kenneth Baker
One of Her Majesty’s Principal Secretaries of State
Home Office
29th November 1991


text:
1
This Order may be cited as the Stock Transfer (Specified Securities) Order 1991 and shall come into force on 4th April 1991.
2
The securities specified in the Schedule hereto shall be added to the list in Schedule 1 to the Stock Transfer Act 1982.
Thomas Sackville
Gregory Knight
Two of the Lords Commissioners of Her Majesty’s Treasury
12th February 1991


text:
1
This Order may be cited as the Public Telecommunication SystemDesignation (Alphavision Communications Grim-Clee Limited) (Grimsby andCleethorpes) Order 1991 and shall come into force on 23rd May 1991.
2
Each of the Applicable Cabled Systems is hereby designated as apublic telecommunication system.
John Redwood
Minister of State,
Department of Trade and Industry
22nd April 1991


text:
Citation and commencement
1
These Regulations may be cited as the Emergency Protection Order (Transfer of Responsibilities) Regulations 1991 and shall come into force on 14th October 1991.
Transfer of responsibilities under emergency protection orders
2
Subject to regulation 5 of these Regulations, where–
a
an emergency protection order has been made with respect to a child;
b
the applicant for the order was not the local authority within whose area the child is ordinarily resident; and
c
that local authority are of the opinion that it would be in the child’s best interests for the applicant’s responsibilities under the order to be transferred to them,
that authority shall (subject to their having complied with the requirements imposed by regulation 3(1) of these Regulations) be treated, for the purposes of the Children Act 1989, as though they and not the original applicant had applied for, and been granted, the order.
Requirements to be complied with by local authorities
3
–
1
In forming their opinion under regulation 2(c) of these Regulations the local authority shall consult the applicant for the emergency protection order and have regard to the following considerations–
a
the ascertainable wishes and feelings of the child having regard to his age and understanding;
b
the child’s physical, emotional and educational needs for the duration of the emergency protection order;
c
the likely effect on him of any change in his circumstances which may be caused by a transfer of responsibilities under the order;
d
his age, sex, family background;
e
the circumstances which gave rise to the application for the emergency protection order;
f
any directions of a court and other orders made in respect of the child;
g
the relationship (if any) of the applicant for the emergency protection order to the child, and
h
any plans which the applicant may have in respect of the child.
2
The local authority shall give notice, as soon as possible after they form the opinion referred to in regulation 2(c), of the date and time of the transfer to–
a
the court which made the emergency protection order,
b
the applicant for the order, and
c
those (other than the local authority) to whom the applicant for the order gave notice of it.
3
A notice required under this regulation shall be given in writing and may be sent by post.
When responsibility under emergency protection order transfers
4
The time at which responsibility under any emergency protection order is to be treated as having been transferred to a local authority shall be the time stated as the time of transfer in the notice given in accordance with regulation 3 of these Regulations by the local authority to the applicant for the emergency protection order or the time at which notice is given to him under that regulation, whichever is the later.
Exception for children in refuges
5
These Regulations shall not apply where the child to whom the emergency protection order applies is in a refuge in respect of which there is in force a Secretary of State’s certificate issued under section 51 of the Children Act 1989 (refuges for children at risk) and the person carrying on the home or, the foster parent providing the refuge, having taken account of the wishes and feelings of the child, has decided that the child should continue to be provided with the refuge for the duration of the order.
Signed by authority of the Secretary of State for Health
Virginia Bottomley,
Minister of State,
Department of Health
19th June 1991


text:
Title and commencement
1
These Regulations may be cited as the Plant Breeders' Rights (Fees) (Amendment) Regulations 1991 and shall come into force on 12th April 1991.
Amendment of the Plant Breeders' Rights (Fees) Regulations 1990
2
For the Schedule to the Plant Breeders' Rights (Fees) Regulations 1990 there shall be substituted the Schedule set out in the Schedule to these Regulations.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
7th March 1991.
Strathclyde
Parliamentary Under Secretary of State, Scottish Office
5th March 1991
David Hunt
Secretary of State for Wales
6th March 1991
Peter Brooke
Secretary of State for Northern Ireland
8th March 1991
Kenneth Baker
Secretary of State for the Home
Department (being the Secretary of State concerned with matters relating to the Isle of Man)
5th March 1991
We approve,
Thomas Sackville
Gregory Knight
Two of the Lords Commissioners of Her Majesty’s Treasury
12th March 1991


text:
1
The new highways which the Secretary of State proposes to construct along the route described in Schedule 1 (the highways along this route being in this Order referred to as “the new trunk 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 repects 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. That date will not be latter than the date on which the new trunk roads are open for the purpose of through traffic.
4
The lengths of highways described in Part I of Schedule 2 shall become a trunk road as from the date on which this Order comes into force.
5
The length of highway described in Part II of Schedule 2 shall become a trunk road as from a date to be specified in a notice to be given by the Secretary of State to the Cheshire County Council. The date specified will not be later than the date on which he has, pursuant to the side roads orders, carried out works of improvement to that length of highway and the length is open for through traffic.
In this Order
6
a
all measurements of distance are measured along the route of the relevant highway;
b
“the deposited plan” means the plan numbered HA 10/1 CNW311 marked “The Rainhill Stoops to Queensway Trunk Road (A568 Widnes Eastern Bypass Southern Extension) 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;
c
“the side road orders” means the orders entitled “The Rainhill Stoops to Queensway Trunk Road (A568 Widnes Eastern Bypass) (Side Roads) Order 1991 and the Rainhill Stoops to Queensway Trunk Road (A568 Widnes Eastern Bypass Southern Extension) (Side Roads) Order 1991”, each signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London;
d
a reference to a Schedule followed by a number is a reference to the Schedule to this Order which bears that number.
7
This Order shall come into force on 12th December 1991 and may be cited as the Rainhill Stoops to Queensway Trunk Road (A568 Widnes Eastern Bypass Southern Extension) Order 1991.
Signed by authority of the Secretary of State for Transport
D.C. Renshaw
Regional Director, North West Region,
Department of Transport
20th November 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Royal United Hospital, Bath, National Health Service Trust (Establishment) Order 1991 and shall come into force on 1st November 1991.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of or Schedule 1 to the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 1st November 1991;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Royal United Hospital, Bath, National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Royal United
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 Royal United Hospital, Combe Park, Bath, BA1 3NG and associated hospitals; (b) to manage community health services provided from Royal United Hospital, Combe Park, Bath, BA1 3NG and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1992.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Bath District 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 Bath District 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 Bath District 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 Isles of Scilly (Functions) Order 1991 and shall come into force on 2nd February 1991.
2
In this Order —
“the 1949 Act ” means the Coast Protection Act 1949 ;
“the 1976 Act ” means the Land Drainage Act 1976 ; and
“ the Council ” means the Council of the Isles of Scilly.
Additional functions of the Council
2
The Council shall exercise and perform in the Isles of Scilly the functions conferred or imposed —
a
on district councils which are coast protection authorities, by Part I (coast protection) of the 1949 Act; and
b
on district councils, by section 98 (powers to undertake drainage works against flooding) of the 1976 Act .
Ancillary provisions
3
1
Section 21(1) (exchequer grants) of the 1949 Act shall apply in relation to expenditure incurred by the Council in the exercise and performance of the functions to which article 2(a) relates as it applies in relation to expenditure incurred under that Act by a coast protection authority.
2
Section 44(2) (regulations and orders) of the 1949 Act shall apply in relation to orders made by the Council by virtue of article 2(a) of this Order as it applies in relation to orders of a coast protection authority.
3
Section 103 (powers of entry) of the 1976 Act shall apply in relation to the Council, and in relation to functions under that Act conferred on it by virtue of this Order, as it applies in relation to, and to the functions of, local authorities.
4
The consent of the National Rivers Authority under section 98(8) of the 1976 Act shall not be required in respect of works executed by the Council.
Signed by authority of One Secretary of State
Michael Portillo
Minister of State,
Department of the Environment
1st February 1991


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Fund Cold Weather Payments (General) Amendment No. 2 Regulations 1991 and shall come into force on 1st November 1991.
2
In these Regulations “the Cold Weather Payments Regulations ” means the Social Fund Cold Weather Payments (General) Regulations 1988 .
Amendment of regulation 1 of the Cold Weather Payments Regulations
2
In regulation 1(2) of the Cold Weather Payments Regulations (citation, commencement and interpretation) —
a
for the definition of “claimant” there shall be substituted the following definition —
“claimant” means a person who is claiming or has claimed income support;
;
b
after the definition of “family” there shall be inserted the following definitions —
“forecast” means a weather forecast produced by the Meteorological Office of the Ministry of Defence and supplied to the Department of Social Security on a daily basis which provides the expected average mean daily temperature for a period of 7 consecutive days;
“forecasted period of cold weather” means a period of 7 consecutive days, during which the average of the mean daily temperature for that period is forecasted to be equal to or below 0 degrees celsius; and for the purposes of this definition where a day forms part of a forecasted period of cold weather it shall not form part of any other such forecasted period;
;
c
after the definition of “mean daily temperature” there shall be inserted the following definition —
“overlap period” means any period of a day or days, where a day forms part of a recorded period of cold weather and also forms part of a forecasted period of cold weather;
;
d
the definition of “period of cold weather” shall be omitted;
e
after the definition of “polygamous marriage” there shall be inserted the following definitions —
“Post Office postcode area” has the meaning given to it in Schedule 2 to these Regulations;
“recorded period of cold weather” means a period of 7 consecutive days, during which the average of the mean daily temperature recorded for that period was equal to or below 0 degrees celsius; and for the purposes of this definition where a day forms part of a recorded period of cold weather it shall not form part of any other such recorded period;
“sector” means the area identified by the number which commences the second part of a Post Office postcode;
.
Substitution of regulation 2 of the Cold Weather Payments Regulations
3
For regulation2 of the Cold Weather Payments Regulations (prescribed circumstances) there shall be substituted the following Regulation —
Prescribed circumstances
2
1
The prescribed circumstances in which a payment may be made out of the social fund to meet expenses for heating under section32(2A) of the Act are —
a
subject to paragraphs (3), (4) and (5) —
i
there is a recorded period of cold weather at a station described in column (1) of Schedule1 to these Regulations or, if that station is unable to provide temperature information for the period in question, the nearest such station to that station able to provide temperature information for that period; or
ii
there is a forecasted period of cold weather at a station described in column (1) of Schedule1 to these Regulations; and
b
the home of the claimant is, or by virtue of paragraph(2)(b) is treated as, situated in a Post Office postcode area in respect of which the first mentioned station in sub-paragraph(a)(i) or the station mentioned in sub-paragraph(a)(ii) of this paragraph, as the case may be, is the designated station; and
c
the claimant has been awarded income support in respect of at least one day during the recorded or the forecasted period of cold weather and either —
i
the claimant’s applicable amount includes one or more of the premiums specified in paragraphs9 to 14 of PartIII of Schedule2 to the General Regulations; or
ii
a member of the claimant’s family is aged less than 5.
2
For the purposes of this regulation —
a
the station described in column(1) of Schedule1 to these Regulations is the designated station for the Post Office postcode areas described in the corresponding paragraph in column(2) of that Schedule;
b
where the home of the claimant is not situated within a Post Office postcode area described in column(2) of that Schedule, it shall be treated as situated within the Post Office postcode area nearest to it described in that column.
3
Subject to paragraphs(4) and (5) where a recorded period of cold weather is joined by an overlap period to a forecasted period of cold weather a payment under paragraph (1) may only be made in respect of the forecasted period of cold weather
4
Where —
a
there is a continuous period of forecasted periods of cold weather and recorded periods of cold weather, each of which is linked by an overlap period; and
b
the total number of recorded periods of cold weather during that continuous period is greater than the total number of forecasted periods of cold weather,
a payment in respect of the last recorded period of cold weather may also be made under paragraph(1).
5
Where —
a
a claimant satisfies the prescribed circumstances for a payment under paragraph(1) above in respect of a recorded period of cold weather; and
b
a payment in respect of the recorded period of cold weather does not fall to be made by virtue of paragraph(4); and
c
the claimant does not satisfy the prescribed circumstances in paragraph(1)(c) above in respect of the forecasted period of cold weather which is linked to the recorded period of cold weather by an overlap period,
a payment in respect of that recorded period of cold weather may also be made under paragraph(1).
.
Amendment of regulation 3 of the Cold Weather Payments Regulations
4
In regulation 3 of the cold weather payments Regulations (prescribed amount) the words “Subject to regulation 4,” shall be omitted.
Deletion of regulation 4 of the Cold Weather Payments Regulations
5
Regulation 4 of the Cold Weather Payments Regulations (effect and calculation of capital) shall be deleted.
Substitution of the Schedule to the Cold Weather Payments Regulations
6
For the Schedule to the Cold Weather Payments Regulations there shall be substituted the Schedules set out in the Schedule to these Regulations.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
7th October 1991


text:
Citation and commencement
1
This Order may be cited as the Peak Rail Light Railway Order 1991 and shall come into force on 6th December 1991.
Interpretation
2
1
In this Order unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them:–
“the Board” means the British Railways Board;
“the Company” means Peak Rail plc, a company incorporated under the Companies Act 1985 and having its registered office at the Midland Station, Buxton, Derbyshire;
“the District Council” means the Derbyshire Dales District Council;
“the County Council” means the Derbyshire County Council;
“the Company’s Railway” means the railway authorised to be constructed, made and maintained by the Company pursuant to Article 4 of this Order;
“the former railway” means the former railway of the Board described in the First Schedule to this Order and includes all the lands and works relating thereto;
“the principal Act ” means the Light Railways Act 1896.
2
In this Order, all distances, lengths, measurements and directions stated in any description of works, powers or lands shall be construed as if the words “or thereabouts” were inserted after each such distance, length, measurement and direction, and distances between points on the railway shall be taken to be measured along the railway.
Incorporation and application of enactments
3
1
Subject to the provisions of this Order the provisions of the Railways Clauses Consolidation Act 1845 (except sections 8, 17, 46, 49, 50, 51 and 52) are hereby incorporated with, and form part of, this Order.
2
In the construction of the provisions of the Railways Clauses Consolidation Act 1845 as incorporated with this Order:–
a
Sections 7, 9, 10 and 162 shall be read, construed and have effect as if any reference to the clerks of the peace is a reference to the proper officer of the County Council;
b
Sections 78 to 85 shall have effect as originally enacted and not as amended for certain purposes by section 15 of the Mines (Working Facilities and Support) Act 1923 .
3
Notwithstanding the provisions of subsection (1) of section 12 of the principal Act, the following enactments shall apply to the Company’s Railway:–
The Regulation of Railways Act 1868 –
Section 22 (means of communication between passengers and the Company’s servants to be provided);
The Regulation of Railways Act 1889 –
Section 1 (power to order certain provisions to be made for public safety);
Section 5 (penalty for avoiding payment of fare).
4
In its application to the Company’s Railway section 22 of the Regulation of Railways Act 1868 shall have effect as if the words “and travels more than twenty miles without stopping” were omitted therefrom.
Power to make Company’s Railway
4
1
The Company may on lands leased or licensed to the Company by the District Council, and on the line and to the extent of the former railway, construct, make and maintain a railway with all the necessary works and conveniences connected therewith and work the same as a light railway under the principal Act and in accordance with the provisions of this Order.
2
The Company’s Railway shall be laid on the same level as, and within the existing formation of, the former railway.
Transfer of rights etc. in former railway
5
Subject to the provisions of this Order the Company’s Railway or any part thereof shall be subject to all statutory and other provisions applicable to the former railway or any part thereof (insofar as the same are still subsisting and capable of taking effect) and the Company shall to the exclusion of the Board be entitled to the benefit of and exercise all rights, powers and privileges and be subject to all obligations, statutory or otherwise, relating to the former railway (insofar as the same are still subsisting and capable of taking effect) to the intent that the Board shall be released from all such obligations.
Gauge of the Company’s Railway and motive power
6
The Company’s Railway shall be constructed and operated on a gauge of 1435 milli-metres and the motive power shall be diesel or steam or internal combustion or such other motive power as the Secretary of State may approve:
Provided that nothing in this Order shall authorise the Company to use electrical power as motive power on the Company’s Railway unless such power is obtained from storage batteries or from a source of generation entirely contained in and carried along with the engine and carriages:
Provided also that, if electrical power is used as motive power on the Company’s Railway, such electrical power shall not be used in such a manner as to cause, or be likely to cause, any interference with telecommunications apparatus (as defined in Schedule 2 to the Tele-communications Act 1984 ) or with telecommunication by means of such apparatus.
Provision as to Bridges
7
Sections 116, 117 and 118 of the Transport Act 1968 shall apply to the Company’s Railway as if references therein to the Board were references to the Company.
Provision as to the crossing of public roads and footpaths on the level
8
1
The Company shall have authority to make a crossing on the level of the B5057 road at Station Road, Darley Dale.
2
The Company shall observe such conditions and requirements in relation to the new level crossing and the use and operation thereof as the Secretary of State may prescribe as being necessary or desirable for the protection, safety and convenience of the public.
3
The Company may in the construction of the Company’s Railway carry the Company’s Railway across and on the level of the footpaths described in the Second Schedule to this Order (and across any accommodation crossing or right of way existing upon or over the former railway).
4
The Company shall take all reasonable precautions for the safety of users of public footpaths adjacent to the Company’s Railway including, where necessary, the provision of fencing and warning notices.
Restriction and conditions as to working of Company’s Railway
9
1
The Company shall not use upon the Company’s Railway any engine, carriage or truck bringing any weight upon the rails by any one pair of wheels exceeding such weight as the Secretary of State may allow.
2
The Company shall not run any train or engine upon any part of the Company’s Railway at a rate of speed exceeding at any time that fixed by the Secretary of State for such part.
3
No part of the Company’s Railway shall be used for the conveyance of passengers without prior written permission of the Secretary of State and the Company shall comply with the conditions (if any) which the Secretary of State may from time to time prescribe for the safety of persons using the Company’s Railway.
4
If the Company contravene any of the provisions of this Article it shall for each offence be liable on summary conviction to a fine not exceeding level 2 on the standard scale.
For the Protection of Sewerage and Water Undertakers
10
For the protection of sewerage and water undertakers (in this article referred to as “the undertakers”) the following provisions shall, unless otherwise agreed in writing between the Company and the undertaker concerned, apply and have effect:–
1
In this article, “relevant pipe” in relation to an undertaker has the meaning given in paragraph 1 of Schedule 19 to the Water Act 1989 ;
2
Nothing in Section 18 of the Railway Clauses Consolidation Act 1845 in its application to the Company’s Railway shall authorise the Company to raise, sink or otherwise alter the position of, or in any way interfere with, any relevant pipe without the consent in writing of the undertaker concerned, such consent not to be unreasonably withheld;
3
Where any relevant pipe is situated in or under any land owned or held for the purpose of the Company’s Railway the Company shall at their own expense maintain all culverts over such relevant pipe which are in existence at the coming into force of this Order so as to leave the relevant pipe accessible for the purpose of repairs;
4
The Company shall afford reasonable facilities to the undertakers for the execution and doing of all such works and things as may be reasonably necessary to enable them to inspect, repair, maintain, renew, replace, remove, alter or use any relevant pipe;
5
The Company shall compensate the undertakers:–
a
for any damage done or disturbance caused to any relevant pipe; and
b
for any other expenses, loss, damages, penalty or costs incurred by the under-takers,
by reason or in consequence of the execution, maintenance, user or failure of any of the works authorised by this Order or otherwise by reason or in consequence of the exercise by the Company of the powers of this Order;
Provided that nothing in this paragraph shall entitle the undertakers to any payment in respect of damage attributable to the neglect or default of the undertakers, their servants or agents;
6
Nothing in this Order shall prejudice or affect the rights of the undertakers in respect of any relevant pipe or the provisions of any agreement regulating the relationship between the Company and the undertakers with regard to any relevant pipe and whether made before or after this Order comes into force;
7
The provision of the Railway Clauses Consolidation Act 1845 applied by this Order shall be subject to the provisions of this article;
8
Any difference arising between the Company and the undertakers under this article shall be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after notice in writing to the other) by the President of the Institution of Civil Engineers.
For the protection of flood defences
11
Nothing in this article or in any enactment incorporated with or applied by this Order shall prejudice or affect the application of sections 28 and 29 of the Land Drainage Act 1976 and any byelaws made under that Act in relation to anything done under or in pursuance of this Order.
For the protection of public gas suppliers
12
Nothing in this Order shall prejudice or affect the rights of any public gas supplier within the meaning of Part I of the Gas Act 1986 in any apparatus belonging to them or for the maintenance of which they are responsible, or any structure for the lodging therein of apparatus, being any apparatus or structure situate under, over or upon lands in or upon which the Company’s Railway is constructed.
Public liability insurance
13
1
In this article–
“insurer” means any insurer or insurers authorised under the Insurance Companies Act 1982 to carry on in the United Kingdom insurance business of a relevant class or who has corresponding permission under the law of another member state of the European Economic Community;
“policy” means a public liability policy with an insurer providing maximum cover in respect of any one accident on or occasioned by the operation of the Company’s Railway of not less than £1 million.
2
a
The Company shall not work the Company’s Railway unless there is in force a policy in accordance with the provisions of this article.
b
In default of compliance with the provisions of this article the Company shall be liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to a fine.
3
The adequacy of the cover provided by a policy maintained in accordance with this article shall be regularly reviewed by the Company.
Cost of order
14
All costs, charges and expenses incurred by the Company in, or incidental to, the preparing for, obtaining and making of this Order or otherwise in relation thereto, shall be paid by the Company and may in whole or in part be defrayed out of revenue.
Signed by authority of the Secretary of State for Transport
J.R. Coates
An Under Secretary in the
Department of Transport
5th December 1991


text:
1
This Order may be cited as the Courts and Legal Services Act 1990 (Commencement No.4) Order 1991.
2
The following provisions of the Courts and Legal Services Act 1990 shall come into force on 1st May 1991 —
a
section 111; and
b
paragraph 53 of Schedule 18 and section 125(3) so far as it relates to that paragraph.
Mackay of Clashfern, C.
Dated 15th April 1991


text:
Citation and commencement
1
1
This Order may be cited as the Air Navigation (Overseas Territories) (Amendment) (No. 2) Order 1991.
2
This Order shall come into force on 22nd August 1991.
Amendment of the Air Navigation (Overseas Territories) Order 1989
2
The Air Navigation (Overseas Territories) Order 1989 as amended by the Air Navigation (Overseas Territories) (Amendment) Order 1991 shall be further amended as follows:
1
In Article 5(3) for sub-paragraph (a) there shall be substituted the following sub-paragraph —
a
that the aircraft is registered in a country in which it is not in fact registered, provided that marks approved by the Governor for the purposes of flight in accordance with the ‘B Conditions’ contained in Schedule 2 to this Order shall be deemed not to indicate that the aircraft is so registered; or
.
2
In Article 8 for paragraph (8) there shall be substituted the following paragraph —
8
Nothing in this Order shall oblige the Governor to accept an application for the issue of a certificate of airworthiness or validation or for the variation or renewal of any such certificate when the application is not supported by such reports from such approved persons as the Governor may specify (either generally or in a particular case or class of cases).
.
3
In Article 20(1)(d) for the words “paragraph (2)” there shall be substituted the words “paragraph (1A)”.
4
Afer Article 31 there shall be added the following new Article —
Non-public transport aircraft — aerodrome operating minima
31A
1
This Article shall apply to any aircraft which is not a public transport aircraft.
2
An aircraft to which this Article applies when making a descent at an aerodrome to a runway in respect of which there is a notified instrument approach procedure shall not descend below 1000 feet above the height of the aerodrome if the relevant runway visual range for that runway is at the time less than the specified minimum for landing.
3
An aircraft to which this Article applies when making a descent to a runway in respect of which there is a notified instrument approach procedure shall not:
a
continue an approach to landing on such a runway by flying below the relevant specified decision height; or
b
descend below the relevant specified minimum descent height;
unless in either case the specified visual reference for landing is established from such height and is maintained.
4
In this Article “specified”in relation to aerodome operating minima means such particulars of aerodrome operating minima as have been notified in respect of the aerodrome or if the relevant minima have not been notified such minima as are ascertainable by reference to the notified method for calculating aerodrome operating minima.
.
5
In Article 37 —
a
in paragraph (4) for sub-paragraph (b)(ii) there shall be substituted the following sub-paragraph —
ii
the last 5 hours of recording or the duration of the last flight, whichever is the greater (together hereinafter referred to in this Article as the ‘required recording’), together with an additional period of recording for either: —
aa
the period immediately preceding the required recording, or
bb
such period or periods as the Governor may permit in any particular case or class of cases generally.
;
b
for paragraph (5) there shall be substituted the following paragraph —
5
The additional recording retained pursuant to sub-paragraphs (b)(ii) (aa) or (bb) of paragraph (4) above shall, together with the required recording, total a period of 8 hours and shall be retained in accordance with arrangements approved by the Governor.
.
6
For the heading to Article 64 there shall be substituted the following —
“Rules of the air”
7
In Article 64 —
a
for paragraph (1) there shall be substituted the following paragraph —
1
The Governor may make rules of the air supplementary to, but not inconsistent with, the Rules of the Air contained in Schedule 13 to this Order.
;
b
in paragraph (2) for the words “and Air Traffic Control” there shall be substituted the words “contained in Schedule 13 to this Order.”;
c
in paragraphs (3), (4) and (5) respectively the words “and Air Traffic Control” shall be deleted;
d
paragraph (6) shall be deleted.
8
After Article 64 there shall be added the following new Articles —
Provision of air traffic services
64A
1
No person shall provide an air traffic control service otherwise than under and in accordance with the terms of an approval granted to him by the Governor, and the Governor shall grant an approval to any person applying therefore if he is satisfied that the person is competent, having regard to his organisation, staffing, equipment, maintenance and other arrangements, to provide a service which is safe for use by aircraft.
2
The person in charge of an aerodrome (other than a Government aerodrome) in respect of which there is equipment for providing holding aid, let-down aid or approach aid by radio or radar shall:
a
inform the Governor in advance of periods during and times at which any such equipment is to be in operation for the purpose of providing such aid as is specified by the said person; and
b
during any period and at such times as so notified, cause an air traffic control service to be provided for any aircraft which is flying in, or in the vicinity of, the aerodrome traffic zone whether or not it is flying by visual reference to the surface.
3
The Governor may direct that there shall be provided in respect of any aerodrome (other than a Government aerodrome) such air traffic control service, aerodrome flight information service or means of two-way radio communication as the Governor considers appropriate in respect thereof. The Governor may specify in his direction the periods during and the times at which such a service or such means shall be provided and the person in charge of the aerodrome shall cause such a service or such means to be provided in accordance with any such direction.
4
Obligations to cause an air traffic control service to be provided arising under paragraphs (2) or (3) are without prejudice to each other.
Use of radio call signs at aerodromes
64B
The person in charge of an aerodrome provided with means of two-way radio communication shall not cause or permit any call sign to be used for a purpose other than a purpose for which that call sign has been notified.
.
9
In Article 99(7) for sub-paragraph (a)(iii) and the provisos thereto there shall be substituted the following —
iii
for the purposes of Part III of this Order, if hire or reward is given or promised for the right to fly the aircraft on that flight (not being a single-seater aircraft of which the maximum total weight authorised does not exceed 910kg. and in respect of which a certificate of airworthiness of the Special Category is in force) otherwise than under a hire-purchase or conditional sale agreement;
and the expression “public transport of Passengers” shall be construed accordingly:
Provided that, notwithstanding that an aircraft may be flying for the purpose of public transport by reason of sub-paragraph (a)(iii) of this paragraph, it shall not be deemed to be flying for the purpose of the public transport of Passengers unless hire or reward is given for the carriage of those Passengers.
Provided also that a glider shall not be deemed to fly for the purpose of public transport for the purposes of Part III of this Order by virtue of sub-paragraph (a)(iii) of this paragraph is the hire or reward given or promised for the primary purpose of conferring on a particular person the right to fly the glider on that flight is given or promised by a member of a flying club and the glider is owned or operated by that flying club.
.
10
In Schedule 4 —
a
in paragraph 4 for the part of the Table numbered (8) there shall be substituted the following —
8
Aeroplanes —
a
which are turbo-jets and which have a maximum total weight authorised exceeding 22,700kg.; or
when flying by night for the purpose of the public transport of Passengers Z(i)and (ii)
b
having a maximum total weight authorised exceeding 5,700kg.and which conform to a type for which a certificate of airworthiness was first applied for (whether in the Territory or elsewhere) after 30th April 1972 but not including any aeroplane which in the opinion of the Governor is identical in all matters affecting the provision of emergency evacuation facilities to an aeroplane for which a certificate of airworthiness was first applied for before that date; or
when flying by night for the purpose of the public transport of Passengers Z(i)and (ii)
c
which in accordance with the certificate of airworthiness in force in respect thereof may carry more than 19 Passengers; or
when flying by night for the purpose of the public transport of Passengers Z(i)
d
having a maximum total weight authorised exceeding 5,700kg. and which conform to a type for which a certificate of airworthiness was first applied for (whether in the Territory or elsewhere) after 30th April 1972 but not including an aeroplane which in the opinion of the Governor is identical in all matters affecting the provision of emergency evacuation facilities to an aeroplane for which a certificate of airworthiness was first applied for before that date; or
when flying for the purpose of the public transport of Passengers Z(iii)
e
which are turbo-jetsand which have a maximum total weight authorised exceeding 22,700kg.; or
when flying for the purpose of the public transport of Passengers Z(iii)
f
first issued with a type certificate (whether in the Territory or elsewhere) on or after 1st January 1958 and which in accordance with the certificate of airworthiness in force in respect thereof may carry more than 19 Passengers.
when flying for the purpose of the public transport of Passengers Z(iii)
;
b
in paragraph 4 for the part of the Table numbered (10) there shall be substituted the following —
10
Helicopters and Gyroplanes —
a
having a maximum total weight authorised exceeding 5,700kg.,and which conform to a type for which a certificate of airworthiness was first applied for (whether in the Territory or elsewhere) after 30th April 1972 but not including any helicopter or gyroplane which in the opinion of the Governor is identical in all matters affecting the provision of emergency evacuation facilities to a helicopter or gyroplane for which a certificate of airworthiness was first applied for before that date; or
when flying by night for the purpose of the public transport of Passengers Z(i)and (ii)
b
which, in accordance with the certificate of airworthiness in force in respect thereof, may carry more than 19 Passengers; or
when flying by night for the purpose of the public transport of Passengers Z(i)
c
which have a certificate of airworthiness issued in the Transport Category (Passenger or Cargo) and which have either a maximum total weight authorised exceeding 2,730kg., or which may carry more than 9 Passengers; or
when flying on any flight beginning on or after 1st January 1991 but before 1st August 1992 S
d
in respect of which there is in force a certificate of airworthiness issued in the Transport Category (Passenger or Cargo) and helicopters and gyroplanes in respect of which application has been made and not withdrawn or refused for such a certificate of airworthiness and which fly under the “A” conditions or which have a certificate of airworthiness in the Special Category and
i
which have a maximum weight authorised exceeding 2,730 kg. but not exceeding 7,000 kg. or which in accordance with the certificate of airworthiness in force in respect thereof may carry more than 9 Passengers or both; or
when flying on any flight on or after 31st July 1992 SS(i) or (iii)
ii
which have a maximum total weight authorised exceeding 7,000kg.
when flying on any flight on or after 31st July 1992 SS(ii) or (iii)
;
c
in paragraph 5 in Scale SS the words “as appropriate” appearing before the proviso at the end of sub-paragraph (iii) shall be deleted.
11
For Schedule 7 there shall be substituted the following new Schedule —
SCHEDULE 7
AREAS SPECIFIED IN CONNECTION WITH THE CARRIAGE OF FLIGHT NAVIGATORS AS MEMBERS OF THE FLIGHT CREWS OR APPROVED NAVIGATIONAL EQUIPMENT ON PUBLIC TRANSPORT AIRCRAFT
Article 18(4)
The following areas are hereby specified for the purposes of Article 18(4) of this Order: —
Area A — Arctic
All that area north of latitude 68° north, but excluding any part thereof within the area enclosed by rhumb lines joining successively the following points:
68° north latitude 00° east/west longitude
73° north latitude 15° east longitude
73° north latitude 30° east longitude
68° north latitude 45° east longitude
68° north latitude 00° east/west longitude
Area B — Antarctic
All that area south of latitude 55° south.
Area C — Sahara
All that area enclosed by rhumb lines joining successively the following points:
30° north latitude 05° west longitude
24° north latitude 11° west longitude
14° north latitude 11° west longitude
14° north latitude 28° east longitude
24° north latitude 28° east longitude
28° north latitude 23° east longitude
30° north latitude 15° east longitude
30° north latitude 05° west longitude
Area D — (deleted)
Area E — South America
All that area enclosed by rhumb lines joining successively the following points:
04° north latitude 72° west longitude
04° north latitude 60° west longitude
08° south latitude 42° west longitude
18° south latitude 54° west longitude
18° south latitude 60° west longitude
14° south latitude 72° west longitude
05° south latitude 76° west longitude
04° north latitude 72° west longitude
Area F — Pacific Ocean
All that area enclosed by rhumb lines joining successively the following points:
60° north latitude 180° east/west longitude
20° north latitude 128° east longitude
04° north latitude 128° east longitude
04° north latitude 180° east/west longitude
55° south latitude 180° east/west longitude
55° south latitude 82° west longitude
25° south latitude 82° west longitude
60° north latitude 155° west longitude
60° north latitude 180° east/west longitude
Area G — Australia
All that area enclosed by rhumb lines joining successively the following points:
18° south latitude 123° east longitude
30° south latitude 118° east longitude
30° south latitude 135° east longitude
18° south latitude 123° east longitude
Area H — Indian Ocean
All that area enclosed by rhumb lines joining successively the following points:
35° south latitude 110° east longitude
55° south latitude 180° east/west longitude
55° south latitude 10° east longitude
40° south latitude 10° east longitude
25° south latitude 60° east longitude
20° south latitude 60° east longitude
05° south latitude 43° east longitude
10° north latitude 55° east longitude
10° north latitude 73° east longitude
04° north latitude 77° east longitude
04° north latitude 92° east longitude
10° south latitude 100° east longitude
10° south latitude 110° east longitude
35° south latitude 110° east longitude
Area I — North Atlantic Ocean
All that area enclosed by rhumb lines joining successively the following points:
55° north latitude 15° west longitude
68° north latitude 28° west longitude
68° north latitude 60° west longitude
45° north latitude 45° west longitude
40° north latitude 60° west longitude
40° north latitude 19° west longitude
55° north latitude 15° west longitude
Area J — South Atlantic Ocean
All that area enclosed by rhumb lines joining successively the following points:
40° north latitude 60° west longitude
18° north latitude 60° west longitude
05° south latitude 30° west longitude
55° south latitude 55° west longitude
55° south latitude 10° east longitude
40° south latitude 10° east longitude
02° north latitude 05° east longitude
02° north latitude 10° west longitude
15° north latitude 25° west longitude
40° north latitude 19° west longitude
40° north latitude 60° west longitude
Area K — Northern Canada
All that area enclosed by rhumb lines joining successively the following points:
68° north latitude 130° west longitude
55° north latitude 115° west longitude
55° north latitude 70° west longitude
68° north latitude 60° west longitude
68° north latitude 130° west longitude
Area L — Northern Asia
All that area enclosed by rhumb lines joining successively the following points:
68° north latitude 56° east longitude
68° north latitude 160° east longitude
50° north latitude 125° east longitude
50° north latitude 56° east longitude
68° north latitude 56° east longitude
Area M — Southern Asia
All that area enclosed by rhumb lines joining successively the following points:
50° north latitude 56° east longitude
50° north latitude 125° east longitude
40° north latitude 110° east longitude
30° north latitude 110° east longitude
30° north latitude 80° east longitude
35° north latitude 80° east longitude
35° north latitude 56° east longitude
50° north latitude 56° east longitude
12
In Schedule 8 under the heading Senior Commercial Pilot’s Licence (Aeroplanes) for the words “(whichever is the earlier)” shall be substituted the words “(whichever period is the shorter)”.
13
In Schedule 13 —
a
in the heading the words “AND AIR TRAFFIC CONTROL” shall be deleted;
b
at the end of paragraph 2(b) of Rule 9 for the full stop there shall be substituted a colon and the following proviso shall be added thereafter —
“Provided that a helicopter to which Article 25 of the Order applies may, when stationary on an offshore installation, switch off such an anti-collision light in accordance with a procedure contained in the operations manual of the helicopter as a signal to ground personnel that it is safe to approach the helicopter for the purpose of embarkation or disembarkation of Passengers or the loading or unloading of Cargo.”;
c
Section IX shall be deleted.
14
For Schedule 15 there shall be substituted the following Schedule —
SCHEDULE 15
THE AIR NAVIGATION (DANGEROUS GOODS) REGULATIONS
Article 44
Citation
1
These Regulations may be cited as the Air Navigation (Dangerous Goods) Regulations.
Interpretation
2
1
In these Regulations: —
“consignment” means one or more packages of dangerous goods accepted by an operator from one shipper at one time and at one address receipted for in one lot and moving to one consignee at one destination address;
“dangerous goods” means any article or substance which is capable of posing significant risk to health, safety or property when carried by air and which is classified in Part 2 of the Technical Instructions;
“package” means the packaging and the articles and substances contained therein including one or more packages which have been consolidated by one shipper into one container or enclosure for convenience in handling;
“packing” means the art and operation whereby articles and substances are wrapped up, enclosed in containers or otherwise secured, and “packed” shall be construed accordingly;
“Technical Instructions” means the 1991 — 1992 English language edition of the Technical Instructions for the Safe Transport of Dangerous Goods by Air approved and published by decision of the Council of the International Civil Aviation Organisation;
“unit load device” means any type of freight container including any container designed for loading on an aircraft.
2
For the avoidance of doubt, any instructions or limitations contained in the Technical Instructions for the carriage of dangerous goods on Passenger or Cargo aircraft, as therein defined, shall for the purpose of these Regulations be interpreted as applying also to the carriage of such goods beneath Passenger or Cargo aircraft respectively.
Carriage of dangerous goods
3
1
An aircraft shall not carry or have loaded therein or suspended thereunder any dangerous goods, unless such goods are carried, loaded or suspended:
a
with the written permission of the Governor and in accordance with any conditions to which such permission may be subject; and
b
in accordance with the Technical Instructions and any conditions specified therein.
2
A person shall not:
a
take or cause to be taken on board,
b
suspend or cause to be suspended beneath, or
c
deliver or cause to be delivered for loading on or suspension beneath
an aircraft any goods which he knows or ought to know or suspect to be goods capable of posing significant risk to health, safety or property when carried by air, unless the provisions of these Regulations are complied with.
3
These Regulations shall not apply to dangerous goods of a type specified in Chapters 1.1.2(a), 1.1.2(b) and 2.3 of Part 1 and Chapter 1.2 of Part 9 of the Technical Instructions which are carried, loaded or suspended in accordance with the provisions of the aforesaid Chapters 1.1.2(a), 1.1.2(b) and 2.3 of Part 1 and Chapter 1.2 of Part 9 and which are:
a
articles and equipment which are required to be carried on an aircraft by or under the Order or are otherwise intended for use on an aircraft for the purpose of the good order of the flight in accordance with normal practice whether or not, in either case, such articles and equipment are required to be carried or intended to be used on that particular flight;
b
solely intended for the use of Passengers or crew members or for sale to the Passengers or crew members of the aircraft during the flight in question;
c
to provide during the flight veterinary aid or a humane killer for an animal; or
d
to provide during the flight medical aid to a person:
Provided that goods specified in sub-paragraphs (c) and (d) shall only be carried if:
i
they are or may be required for use during the flight;
ii
they are or may be required for use during a subsequent flight by the same aircraft and it will not be practicable to load the goods on the aircraft in the intervening period before the commencement of that subsequent flight, or
iii
they were used or might have been required for use during a previous flight by the same aircraft and it has not been practicable to unload them from the aircraft since that flight.
4
Save for Regulations 3(1)(a), 7(1) (but only to the extent that it refers to the provisions in Chapter 2.1 of Part 5 of the Technical Instructions) and 7(2) and 8(3) of these Regulations, these Regulations shall not apply to dangerous goods of the classifications specified in Chapter 2.5 of Part 1 of the Technical Instructions provided that:
a
the dangerous goods do not exceed the appropriate quantity limitations specified therein; and
b
such other conditions as are specified therein are complied with.
Documentation
4
1
An aircraft shall not carry dangerous goods as Cargo unless the shipper of the goods has furnished the operator of the aircraft with a dangerous goods transport document, except that such a document shall not be required in respect of such categories of dangerous goods as may be specified in the Technical Instructions as being goods in respect of which a dangerous goods transport document is not required.
2
The dangerous goods transport document shall be completed in duplicate by the shipper and shall:
a
describe the dangerous goods in accordance with and contain such information as is required by the provisions of Chapter 4.1 of Part 4 of the Technical Instructions;
b
contain a signed declaration that the Technical Instructions have been complied with in that the dangerous goods —
i
are fully and accurately described, and
ii
are correctly classified, packed, marked and labelled, and
iii
are in a proper condition for carriage by air.
3
The shipper of dangerous goods shall furnish the operator of the aircraft with such other documents in respect of dangerous goods as are required by Part 3 and Chapter 4.5 of Part 4 of the Technical Instructions.
4
The operator of an aircraft shall preserve for not less than six months any dangerous goods transport document or other document in respect of dangerous goods which has been furnished to him in accordance with this Regulation.
Shipper’s responsibilities
5
Before consigning any package containing dangerous goods for carriage by air the shipper shall ensure that:
a
the goods are not of a category whose carriage by air is prohibited by the provisions of Chapters 2.1 and 2.2 of Part 1 of the Technical Instructions;
b
the goods are classified and packed in accordance with Chapter 2.6 of Part 1 and Parts 2, 3 and 8 of the Technical Instructions and the packagings used are in accordance with such provisions of Part 7 of the Technical Instructions as apply to the goods;
c
the package is marked and labelled in accordance with such provisions of Chapter 11 of Part 2 and Part 3 as relate to marking and labelling and in accordance with Chapters 2 and 3 of Part 4 of the Technical Instructions;
d
the package is in a fit condition for carriage by air;
e
the dangerous goods transport document required by Regulation 4 of these Regulations has been completed and that the declaration therein has been signed by him or on his behalf.
Operator’s responsibilities
6
1
The operator of an aircraft in which any package or unit load device containing dangerous goods is to be carried shall satisfy himself by making an inspection:
a
that the package is marked and labelled in accordance with the provisions of these Regulations, such provisions of Chapter 11 of Part 2 and Part 3 as relate to marking and labelling and Chapters 2 and 3 of Part 4 of the Technical Instructions before accepting the package;
b
that the package is not leaking or damaged so that the contents may escape —
i
before accepting the package,
ii
before loading or causing the package to be loaded on board the aircraft or before suspending or causing the package to be suspended beneath the aircraft, as the case may be,
iii
upon loading the package from or from beneath the aircraft;
c
that the unit load device is free from any evidence of leakage from or damage to any dangerous goods contained therein before loading or causing the unit load device to be loaded on board the aircraft or before suspending or causing the unit load device to be suspended beneath the aircraft, as the case may be.
2
a
For the purpose of each of the inspections required by paragraph (1)(a) and (1)(b)(i) of this Regulation, an acceptance check list shall be used and the results of that inspection shall be recorded in accordance with the form thereof.
b
The acceptance check list shall be in such form and shall provide for the entry of such details as will enable the relevant inspection to be fully and accurately made by reference to and completion of that list.
c
The operator of an aircraft shall preserve for not less than six months a record of any acceptance check list completed in accordance with this Regulation. The record shall be in a legible or a non-legible form so long as the recording is capable of being reproduced in legible form.
3
The operator shall not load or cause to be loaded on an aircraft or suspend or cause to be suspended beneath an aircraft any package or unit load device containing dangerous goods which on inspection is found to be leaking or damaged so that the contents or the dangerous goods therein may escape or be damaged.
4
The operator shall unload or cause to be unloaded any package containing dangerous goods which appears to be leaking or damaged on board or beneath an aircraft and shall ensure that other Cargo or baggage loaded or suspended beneath that aircraft is in a fit state for carriage by air and has not been contaminated.
5
The operator shall after unloading inspect for signs of damage or contamination in any part of the aircraft, or any sling or other apparatus which has been used to suspend goods beneath the aircraft, in which:
a
a unit load device containing dangerous goods was stowed, or
b
any damaged or leaking package containing dangerous goods was loaded,
and the operator shall remove or repair any contamination or damage.
6
The operator of an aircraft shall not permit it to fly for the purpose of carrying Passengers or Cargo if he knows or suspects radioactive materials to have leaked in or contaminated the aircraft or any sling or other apparatus attached to the aircraft unless the radiation level resulting from the fixed contamination at any accessible surface and the non-fixed contamination are not more than the values specified in Chapter 3.2 of Part 5 of the Technical Instructions.
Method of loading by operator
7
1
The operator shall ensure that any package containing dangerous goods is loaded, stowed and unloaded from or from beneath an aircraft in accordance with the provisions in Chapter 2 of Part 5 of the Technical Instructions which apply to that category of dangerous goods.
2
An aircraft shall not carry any dangerous goods either in any compartment occupied by Passengers or in the flight crew compartment, except in circumstances permitted by the provisions of Chapter 2.1 of Part 5 of the Technical Instructions.
Provision of information an training programmes by operators and shippers
8
1
The operator of an aircraft in which dangerous goods are to be carried shall, before the flight begins, provide the commander of the aircraft with written information specifying the matters required by the provisions of Chapter 4.1 of Part 5 of the Technical Instructions and shall preserve a copy thereof for not less than six months.
2
The operator of an aircraft in which Passengers are to be carried or his agent shall notify them of the categories of dangerous goods which may not be taken on board an aircraft either as checked baggage or accompanying a Passenger by the provision of information with each Passenger ticket which shall be sufficient in prominence for this purpose and by displaying notices, sufficient in number and prominence for this purpose, at each of the places at an airport where the operator or his agent issues tickets, checks in baggage or maintains areas to assemble Passengers to board the aircraft.
3
The operator of an aircraft and a shipper of dangerous goods by air and, in each case, any agent thereof shall inform any of their respective employees whose duties include a function connected with the carriage of Passengers or Cargo by air of the provisions of the Technical Instructions and for this purpose shall establish and undertake training programmes, as required by Chapter 1 of Part 6 of the Technical Instructions, which shall be submitted to the Governor for approval on such occasions as the Governor may require and which shall be amended as the Governor may require.
Production of documents and records
9
The operator of an aircraft shall, within a reasonable time after being requested so to do by an authorised person, cause to be produced to that person such of the following documents as may have been requested by that person:
a
the written permission referred to in Regulation 3(1) of these Regulations;
b
the dangerous goods transport document or other document in respect of any dangerous goods referred to in Regulation 4 of these Regulations;
c
the completed acceptance check list in a legible form in respect of any dangerous goods, referred to in Regulation 6(2) of these Regulations;
d
a copy of the written information provided to the commander of the aircraft in respect of any dangerous goods, referred to in Regulation 8(1) of these Regulations.
Dropping articles for agricultural, horticultural, forestry or pollution control purposes
10
Subject to the provisions of Regulation 3(1)(a) of these Regulations, nothing in these Regulations shall apply to any aircraft flying in order to drop articles for the purpose of agriculture, horticulture, forestry or pollution control.
G. I. de Deney
Clerk of the Privy Council