text:
PART I
PRELIMINARY
Citation and commencement
1
This Order may be cited as the Sealink (Transfer of Heysham Harbour)Harbour Revision Order 1991 and shall come into force on 23rd May 1991.
Interpretation
2
1
In this Order, unless the context otherwise requires —
“the Act of 1894 ” means the Merchant Shipping Act 1894 ;
“ the Company ” means Heysham Port Limited;
“the day of transfer” means the day after the day on which expires a period of four weeksbeginning with the day on which this Order comes into force;
“dredging licence” means a licence under article 21 of this Order;
“ enactment ” means any Act or any order or scheme made under an Act;
“ Heysham Harbour ” means the harbour of Heysham as regards which there are vested in Sealink immediately before the day of transfer statutory powers orduties of improvement, maintenance or management;
“ level of high water ” means the level of mean high-water springs;“operator” and“telecommunications code system” have the same meaning as in the Telecommunications Act 1984 ;
“Sealink” means Sealink Harbours Limited;
“statutory undertaker” means —
any person who is a statutory undertaker for any of the purposes ofthe Town and Country Planning Act 1990 ;
any other person who exercises functions under the Land DrainageAct 1976 ;
a coast protection authority within the meaning of section 1 of theCoast Protection Act 1949 ; or
any operator of a telecommunication code system;
“ tidal work ” means so much of any work for the time being vested in the Companyas is on, under or over tidal waters or tidal lands below the level ofhigh water including any such work transferred to the Company by thisOrder;
“the transferred harbour ” means Heysham Harbour;
“ Trinity House ” means the Corporation of Trinity House of Deptford Strond;
“works licence” means a licence under article 20 of this Order.
2
In this Order a reference to the undertaking of Sealink at thetransferred harbour is a reference to the powers, duties, property,rights and liabilities of Sealink in relation to that harbour which aretransferred by this Order.
PART II
TRANSFER OF SEALINK'S UNDERTAKING AT HEYSHAM HARBOUR
Designation of Company as harbour authority
3
On the day of transfer the Company shall become the harbourauthority for the transferred harbour and Sealink shall cease to be theharbour authority for that harbour.
Transfer of functions, property etc.
4
1
On the day of transfer all property and rights vested in Sealink andheld by it for the purposes of the transferred harbour and allliabilities incurred by it for the purposes of the transferred harbourshall be transferred to and vested in the Company.
2
Subject to the provisions of this Order, on the day of transfer thepowers and duties conferred or imposed on Sealink by any statutoryprovision of local application applied in relation to it by the Schemedated 27th October 1981 made by Sealink U.K. Limited pursuant to section2 of the Transport Act 1981 and approved by the Secretary of State withmodifications on 5th July 1982 read with Schedule 4 to the Transport Act as applied by the said section 2 (subject to any subsequentrepeal or amendment of any such statutory provision), or by anyenactment subsequent to that Scheme, for the purpose of, or inconnection with, the improvement, maintenance or management of thetransferred harbour shall be transferred to the Company and accordinglyas from that day any such statutory provision of local applicationshall, so far as it relates to the transferred harbour and with anynecessary modifications, apply in relation to the Company as if forreferences to Sealink there were substituted (unless the contextotherwise requires) references to the Company.
Saving of byelaws etc.
5
As from the day of transfer any byelaw, regulation, licence orconsent made, issued or granted by Sealink in relation to thetransferred harbour and in force immediately before that day shallnotwithstanding the making of this Order continue in force and shall bedeemed to have been made, issued or granted by the Company.
Saving of agreements etc.
6
All sales, conveyances, leases, grants, assurances, deeds,contracts, bonds, agreements, notices and demands affecting theundertaking of Sealink at the transferred harbour and in forceimmediately before the day of transfer (other than any lease or deed theparties to which include both Sealink and the Company) shall (in so faras they relate to that undertaking) on and from that day be as bindingand of as full force and effect in every respect and may be enforced asfully and effectively against or in favour of the Company as if (exceptin any case where the Company as agent for Sealink is already a partythereto, or bound thereby or entitled to the benefit thereof) theCompany instead of Sealink had been a party thereto or bound thereby orentitled to the benefit thereof.
Continuance of proceedings
7
Nothing in this Order shall release, discharge or suspend anyaction, arbitration or other proceeding, or any cause of action,arbitration or other proceeding, pending or existing immediately beforethe day of transfer by or in favour of or against Sealink or by or infavour of or against the Company as agent for Sealink, in relation toSealink’s undertaking at the transferred harbour and any such action,arbitration or proceeding or cause of action, arbitration or proceeding(other than an action, arbitration or proceeding which is or may be anissue between Sealink and the Company or Sea Containers Ltd. ) may bemaintained, prosecuted or continued by or in favour of or against theCompany and may be amended in such manner as may be necessary for thatpurpose.
Charges
8
1
On and after the day of transfer the Company shall in the exerciseof statutory powers and duties at the transferred harbour, have power tomake such reasonable charges for its services and facilities as itthinks fit.
2
This article does not apply in relation to —
a
ship, passenger and goods dues; or
b
charges ascribable to the running of a ferry service in or from aharbour;
and does not authorise the making of any charge in a case where anenactment relating to the transferred harbour expressly provides forfreedom from charges or otherwise prohibits the making of any charge.
3
The provisions of sections 27 to 48 of the Harbours, Docks and PiersClauses Act 1847 (which provide for various matters connected withliabilities for and collection of the rates to be taken by undertakers)as incorporated with or applied by any enactment relating to thetransferred harbour apply to charges under this article as if they wererates payable under that enactment.
PART III
NEW PROVISIONS RELATING TO THE COMPANY AT THE TRANSFERRED HARBOUR
Coming into force of new provisions
9
The subsequent provisions of this Part of this Order shall haveeffect on and after the day of transfer.
Works in the transferred harbour
10
1
The Company, subject to obtaining the necessary rights in or overland, may execute, place, maintain and operate in and over thetransferred harbour such works and equipment as are required for or inconnection with the exercise by it of any of its functions and mayalter, renew or extend any works so constructed or placed.
2
In the exercise of the powers of this article the Company shallnot —
a
interfere with or damage or otherwise injuriously affect anyapparatus belonging to or maintained by any statutory undertaker; or
b
do anything which will obstruct or impede any work relating to theinspection or repair of any such apparatus;
without the consent of the statutory undertaker concerned.
3
In this article“works” means works of any description, and includes the reclamation ofland reasonably required for the purpose of executing works.
Power to dredge
11
1
The Company may deepen, widen, dredge, scour and improve the bed andforeshore of the transferred harbour and of the approaches to thetransferred harbour and may blast any rock within the transferredharbour or in such approaches.
2
Any materials (other than wreck within the meaning of Part IX of theAct of 1894) taken up or collected in the course of such operationsshall be the property of the Company and may be used, sold, removed,deposited or otherwise disposed of as the Company may think fit:
Provided that the Company shall not lay down or deposit any materials ina place below the level of high water except in such position as theSecretary of State may approve and subject to such conditions orrestrictions as he may impose.
3
Paragraph (2) of article 10 of this Order shall apply in relation tothe exercise by the Company of the powers of this article as it appliesin relation to the exercise by the Company of the powers of the saidarticle 10.
Tidal works not to be executed without approval of Secretary ofState
12
1
A tidal work shall not be constructed, extended, enlarged, altered,replaced or relaid except in accordance with plans and sections approvedby the Secretary of State and subject to any conditions and restrictionsimposed by him before the work is begun.
2
If a tidal work is constructed, extended, enlarged, altered,replaced or relaid in contravention of this article or of any conditionor restriction imposed under it —
a
the Secretary of State may by notice in writing require the Companyat its own expense to remove the tidal work or any part thereof andrestore the site to its former condition; and if, at the end of 30 daysfrom the date when the notice is served upon the Company it has failedto comply with the requirements of the notice, the Secretary of Statemay execute the work specified in the notice; or
b
if it appears to the Secretary of State urgently necessary to doso, he may remove the tidal work, or part of it, and restore the site toits former condition;
and any expenditure so incurred by the Secretary of State shall berecoverable from the Company.
Lights on tidal works during construction
13
1
The Company shall at or near a tidal work during the whole time ofthe construction, extension, enlargement, alteration, replacement orrelaying thereof, exhibit every night from sunset to sunrise suchlights, if any, and take such other steps for the prevention of dangerto navigation as the Secretary of State shall from time to time direct.
2
If the Company fails to comply with any requirement of a directiongiven under this article it shall be guilty of an offence and liable onsummary conviction to a fine not exceeding the statutory maximum and onconviction on indictment to a fine:
Provided that it shall be a defence for the Company to prove that all due diligence was used to secure compliance with any such direction.
Provision against danger to navigation
14
1
In the case of injury to, or destruction or decay of, a tidal workor any part thereof the Company shall as soon as reasonably practicablenotify Trinity House and shall lay down such buoys, exhibit such lightsand take such other steps for preventing danger to navigation as TrinityHouse may from time to time direct.
2
If the Company fails to notify Trinity House as required by thisarticle or to comply with any requirement of a direction under it theCompany shall be guilty of an offence and liable on summary convictionto a fine not exceeding the statutory maximum and on conviction onindictment to a fine.
Abatement of works abandoned or decayed
15
1
Where a tidal work is abandoned, or suffered to fall into decay, theSecretary of State may by notice in writing require the Company at itsown expenses either to repair and restore the work or any part thereof,or to remove the work and restore the site thereof to its formercondition, to such an extent and within such limits as he thinks fit.
2
Where —
a
a work consisting partly of a tidal work and partly of works on andover land above the level of high water is abandoned or suffered to fallinto decay; and
b
that part of the work on or over land above the level of high wateris in such a condition as to interfere, or to cause reasonableapprehension that it may interfere, with the right of navigation orother public rights over the foreshore;
the Secretary of State may include that part of the work, or anyportion thereof, in any notice under this article.
3
If, at the end of 30 days from the date when a notice under thisarticle is served upon the Company it has failed to comply with therequirements of the notice, the Secretary of State may execute the workspecified in the notice and any expenditure incurred by him in so doingshall be recoverable from the Company.
Survey of tidal works
16
If he deems it expedient, the Secretary of State may at any timeorder a survey and examination of a tidal work or of the site upon whichit is proposed to construct the work, and any expenditure incurred byhim in any such survey and examination shall be recoverable from theCompany.
Permanent lights on tidal works
17
1
After the completion of a tidal work the Company shall at the outerextremity thereof exhibit every night from sunset to sunrise suchlights, if any, and take such other steps, if any, for the prevention ofdanger to navigation as Trinity House may from time to time direct.
2
If the Company fails to comply in any respect with a direction givenunder this article it shall be guilty of an offence and liable onsummary conviction to a fine not exceeding the statutory maximum and onconviction on indictment to a fine:
Provided that it shall be a defence for the Company to prove that all due diligence was used to secure compliance with any such direction.
Restriction of works and dredging
18
1
Subject to paragraph (3) below, no person other than the Companyshall —
a
construct, alter, renew or extend any works; or
b
dredge;
on, under or over tidal waters or tidal land below the level of highwater in the transferred harbour unless he is licensed so to do, in thecase of works by a works licence and in the case of dredging by adredging licence, nor except upon the terms and conditions, if any, uponwhich the licence is granted and in accordance with plans, sections andparticulars approved in pursuance of article 20 or, as the case mayrequire, article 21, of this Order.
2
The Company may by notice require a person who contravenes thisarticle to remove, abate or rectify, within a reasonable time specifiedin the notice, any work, operation or omission to which thecontravention relates, and to restore the site thereof to its formercondition; and if he fails to comply with the notice the Company maycarry out the works so required and may recover the reasonable cost ofso doing from that person.
3
Nothing in this article shall apply to —
a
any operations or works specifically authorised by any enactment;or
b
any operations or works of a statutory undertaker.
4
Any person who without reasonable excuse contravenes this articleshall be guilty of an offence and liable on summary conviction to a finenot exceeding level 3 on the standard scale.
Control of certain operations and works of statutory undertakers
19
1
This article applies to any operations or works in the transferredharbour of a statutory undertaker on, under or over tidal waters ortidal land below the level of high water in the transferred harbour, notbeing operations or works which are specifically authorised by anyenactment.
2
Subject to paragraph (3) below, a statutory undertaker shall notcarry out any operations or works to which this article applies unlessit has given notice of its intention to do so to the Company and hassupplied the Company with such particulars as it may reasonablyrequire.
3
Where, in an emergency, it is impracticable to give notice asrequired by paragraph (2) above, the statutory undertaker concernedshall inform the Company of the operations or works as soon asreasonably practicable.
4
Any operations or works to which this article applies shall becarried out subject to any directions which may from time to time begiven by the Company to the statutory undertaker concerned, beingdirections such as in the opinion of the Company are necessary for theavoidance of danger and the prevention, so far as reasonably possible,of interference with navigation in the carrying out of such operationsor works.
5
Any person who without reasonable excuse contravenes this articleshall be guilty of an offence and liable on summary conviction to a finenot exceeding level 3 on the standard scale.
Licensing of works
20
1
The Company may upon such terms and conditions as it thinks fitgrant to any person a licence to construct, alter, renew or extend anyworks in the transferred harbour on, under or over tidal waters or tidalland below the level of high water, notwithstanding any interferencewith public rights of navigation or other public rights by such works asconstructed, altered, renewed or extended.
2
Application for a works licence shall be made in writing to theCompany and shall —
a
be accompanied by plans, sections and particulars of the works towhich the application relates;
b
specify whether the applicant holds such rights in, under or overland as are necessary to enable him to enjoy the benefits of the licenceand, if not, the action taken to enable him to obtain such rights if thelicence is granted; and, in granting a licence, the Company may requiremodifications in the plans, sections and particulars so submitted.
3
The Company may require an applicant for a works licence, on makinghis application, to pay a reasonable fee in respect of theadministrative expenses of dealing with the application; and differentfees may be specified in relation to different cases or differentclasses of cases.
4
a
On receipt of an application for a works licence the Companyshall serve on the National Rivers Authority a copy of the applicationand all plans, sections and particulars incident thereto;
b
The Company shall consider such observations as the NationalRivers Authority may submit to the Company within six weeks afterservice on the National Rivers Authority of the application andparticulars as aforesaid, and shall not grant a works licence before theexpiry of that period;
c
In granting any works licence in response to such anapplication the Company shall impose on the applicant such terms andconditions as give effect to such reasonable requirements to preventpollution of any watercourse, to safeguard it against damage or tosecure that its efficiency for land drainage purposes is not impaired,as the National Rivers Authority may, within the said period, make inany observations to the Company.
d
The provisions of subparagraph (c) above are subject to theCompany’s duty under article 22(5) of this Order to give effect to anydecision or requirement given or made by the Secretary of State underarticle 22(4) of this Order.
5
Where the Company refuses to grant a works licence which has beenapplied for it shall give reasons in writing for its refusal.
6
Where the Company grants a works licence upon terms or conditions orrequires any modifications in the plans and particulars, it shall givereasons in writing for the terms and conditions imposed or themodifications required.
7
If within three months from the receipt of the application underparagraph (2) above the Company does not grant a works licence it shallbe deemed to have refused the application.
8
Articles 13 to 17 of this Order shall apply in relation to theholder of a works licence as respects the works which are authorised bythe licence as they do in relation to the Company as respects tidalworks.
9
In the carrying out of operations in pursuance of a works licence,the holder of the licence shall not —
a
interfere with, damage or otherwise injuriously affect anyapparatus belonging to or maintained by any statutory undertaker; or
b
do anything which will obstruct or impede any work relating to theinspection or repair of any such apparatus;
without the consent of the statutory undertaker concerned.
Licence to dredge
21
1
The Company may upon such terms and conditions as it thinks fitgrant to any person a licence to dredge in any part of the transferredharbour.
2
Application for a dredging licence shall be made in writing to theCompany and shall be accompanied by plans, sections and particularsdefining the nature, extent and manner of the operations to be carriedout in the exercise of the powers granted by the licence, and ingranting any such licence the Company may require modifications in theplans, sections and particulars so submitted.
3
Article 20(3), (4), (5), (6) and (7) of this Order shall apply inrelation to a dredging licence as it applies in relation to a workslicence.
4
Any materials (other than wreck within the meaning of Part IX of theAct of 1894) taken up or collected by means of dredging in pursuance ofa dredging licence shall be the property of the holder of the licenceand he may use, sell or otherwise dispose of or remove or deposit thematerials as he thinks fit:
Provided that no such material shall be laiddown or deposited in any place below the level of high water except insuch a position as may be approved by the Secretary of State and subjectto such conditions and restrictions as he may impose.
5
The grant of a dredging licence shall not confer statutory authorityfor the carrying out of the operations covered by the licence.
6
Paragraph (9) of article 20 of this Order shall apply in relation tothe carrying out of operations in pursuance of a dredging licence as itapplies in relation to the carrying out of operations in pursuance of aworks licence.
Appeals in respect of works or dredging licence
22
1
An applicant for a works licence or a dredging licence who isaggrieved by —
a
a refusal of the Company to grant a licence; or
b
any terms or conditions subject to which the licence is granted;or
c
any modifications required by the Company in the plans, sectionsand particulars submitted by the applicant;
may within 28 days from the date on which the Company notifies theapplicant of their decision or the date on which the Company is, underarticle 20(7) or 21(3) of this Order, deemed to have refused theapplication, appeal to the Secretary of State.
2
An appeal under paragraph (1) above shall be made by notice inwriting stating the grounds of the appeal.
3
A person who appeals under paragraph (1) above shall give to theCompany notice of his appeal accompanied by a copy of his statement ofappeal; and the Company shall, within 28 days of the receipt of thenotice, be entitled to furnish to the Secretary of State itsobservations on the appeal.
4
On an appeal under this article the Secretary of Statemay —
a
dismiss the appeal or;
b
require the Company to grant the licence or, as the case may be, togive its approval upon such terms or conditions and with suchmodifications (if any) of plans, sections and particulars as theSecretary of State may specify.
5
The Company shall give effect to any decision or requirement givenor made by the Secretary of State under paragraph (4) above.
Power to acquire and dispose of businesses or shares
23
1
The Company may —
a
acquire by agreement —
i
any business or undertaking which consists wholly or mainly of thecarrying out of harbour operations or so much of any business orundertaking as consists of the carrying out of such operations; or
ii
any business or undertaking which is wholly or mainly engagedin providing services or facilities which the Company itself isauthorised to provide;
b
subscribe for or acquire any shares, stock, debentures, debenturestock or any other security of a like nature of a body corporate whichis wholly or mainly engaged, or which it is proposed should becomewholly or mainly engaged, in the provision, maintenance or operation ofa harbour or in providing services or facilities which the Companyitself is authorised to provide;
c
form and promote, or join with any other person in forming andpromoting, a company for carrying on any function of the Company;
d
dispose of or discontinue the whole or any part of its undertakingacquired under this article and held for the purposes of the transferredharbour but subject to all liabilities and obligations in respectthereof to which the Company is subject; and
e
dispose of any shares or other securities subscribed for oracquired under this article.
2
Nothing in this article shall authorise a company formed undersubparagraph (c) of paragraph (1) above to exercise any of the powers ofthe Company under —
a
the Harbours, Docks and Piers Clauses Act 1847;
b
the Harbours Act 1964; and
c
section 18 (Power to Board to make byelaws) of the British Railways( No. 2) Act 1975 .
Disposal of property no longer required for the transferred harbour
24
The Company, in respect of property vested in it and held for thepurposes of the transferred harbour which is no longer required forthose purposes, may dispose of such property in such manner, whether byway of sale, exchange, lease, the creation of any easement, right orprivilege or otherwise, for such period, upon such conditions and forsuch consideration as it thinks fit.
Power with respect to disposal of wrecks
25
1
In their application to the Company sections 530 and 532 of the Actof 1894 (which confer powers on the Company with respect to, and withrespect to anything in or on, any vessel sunk, stranded or abandoned insuch manner as to be an obstruction or danger to navigation in a harbouror in or near any approach thereto) shall have effect in relation to thetransferred harbour and the approaches thereto —
a
subject to the provisions of article 26 of this Order; and
b
in relation to a vessel sunk, stranded or abandoned before, as wellas after, the coming into force of this Order.
2
Subject to the provisions of paragraph (3) of this article and toany enactment for the time being in force limiting his liability, theCompany may recover from the owner of any vessel in relation to which ithas exercised its powers under section 530 or section 532 of the Act of1894 (being a vessel sunk, stranded or abandoned after the commencementof this Order) any expenses reasonably incurred by it under thosesections in relation to that vessel which are not reimbursed out of anyproceeds of sale within the meaning of those sections.
3
Except in a case which is in the opinion of the Company a case ofemergency, paragraph (2) of this article shall not apply in relation toany vessel unless, before exercising in relation to that vessel any ofthe powers conferred on it by section 530 of the Act of 1894, other thanthe power of lighting and buoying, the Company has given to the owner ofthe vessel not less than 48 hours' notice of its intention to do so;and, if before the notice expires the Company receives from the ownercounter-notice in writing that he desires to dispose of the vesselhimself and no direction is served in respect of the vessel undersubparagraph (b) of paragraph (2) of article 26 of this Order, he shallbe at liberty to do so, and the Company shall not exercise the powersaforesaid in relation to that vessel until the expiration of seven daysfrom the receipt of the counter-notice and of any further continuousperiod thereafter during which the owner of the vessel proceeds with thedisposal thereof with all reasonable diligence and in compliance withany directions for the prevention of interference with navigation whichmay be given to him by the Company.
4
Notice under paragraph (3) of this article to the owner of anyvessel may be served by the Company either by delivering it to him or bysending it to him by registered post or the recorded delivery serviceaddressed to him at his last known place of business or abode in theUnited Kingdom or, if the owner or any such place or business or abodeis not known to the Company, or is not in the United Kingdom, bydisplaying the notice at the office of the Company for the period of itsduration.
5
In this section the expression“owner” in relation to any vessel means the person who was the owner of thevessel at the time of the sinking, stranding or abandonment thereof.
6
The powers conferred on the Company by this article shall be inaddition to and not in derogation of any other powers exercisable by itfor or with respect to the removal of wrecks within the transferredharbour and the approaches thereto.
Protection of Crown interest in wrecks
26
1
Without prejudice to section 741 of the Act of 1894 (which relatesto the exemption from provisions of that Act of vessels belonging to HerMajesty), as modified by any Order in Council made under section 80 ofthe Merchant Shipping Act 1906 the powers conferred on the Company by sections 530 and532 of the Act of 1894 with respect to, and with respect to anything inor on, any vessel sunk, stranded or abandoned in such manner as to be anobstruction or danger to navigation in the transferred harbour or theapproaches thereto shall not be exercisable —
a
in relation to any vessel sunk, stranded or abandoned by design byor under the orders of a person acting on behalf of Her Majesty or anofficer or servant of the Crown acting in the course of his duty assuch;
b
except with the consent of the Secretary of State (which may begiven with or without such a direction as is referred to in subparagraph(b) of paragraph (2) of this article) in relation to any vessel which isnot excluded from the exercise of those powers by virtue of being avessel belonging to Her Majesty but which at the time when the vesselwas sunk, stranded or abandoned —
i
had been required to be placed at the disposal of Her Majesty or ofa government department; and
ii
was appropriated to the service, under the direction andcontrol of the Secretary of State, of Her Majesty’s ships of war.
2
The Company shall give notice in writing to the Secretary of Stateof any decision of the company to exercise in relation to any vessel anyof the powers aforesaid, other than the power of lighting and buoying,and, except in a case which is in the opinion of the Company a case ofemergency, shall not proceed with the exercise thereof —
a
except with the consent of the Secretary of State before theexpiration of a period of 14 days from the giving of the notice; or
b
if, before the expiration of the said period, there is served onthe Company a direction by the Secretary of State that those powersshall not be exercised in relation to that vessel, except in such a caseas aforesaid;
and, where in any such case as aforesaid the Company proceeds toexercise those powers without the consent and before the expiration ofthe said period of 14 days or after a direction has been served on it asaforesaid, it shall not in the exercise of those powers use anyexplosives and, if before the expiration of the said period such adirection as aforesaid is served on it, shall not be entitled toexercise the power of sale conferred by section 530 of the Act of 1894,or the power conferred by paragraph (2) of article 25 of this Order:
Provided that —
i
the Company shall not be required to give notice under thisparagraph in respect of any vessel in respect of which it has received aconsent under subparagraph (b) of paragraph (1) of this article, but anydirection such as is referred to in subparagraph (b) of this paragraphaccompanying that consent shall be deemed, for the purposes of thisparagraph and of paragraph (3) of the said article 25 to have been dulyserved under paragraph (b) of this paragraph;
ii
the prohibition on the use of explosives imposed by thisparagraph shall not apply to the use for cutting away the superstructureof a vessel of such small explosive charges as may for the time being beapproved by the Secretary of State for the purposes of this proviso.
3
Without prejudice to the power of sale conferred on the Company bythe said section 530 of the Act of 1894 the Company shall hold anddispose of any wreck within the meaning of Part IX of the Act of 1894raised, removed or recovered under that section in the transferredharbour or in or near any approach thereto and any surplus proceeds ofsale within the meaning of that section in accordance with suchdirections (if any) as may be given to it by the receiver of wreck and,on exercising the said power of sale in the case of any property, theCompany shall discharge any sums payable in respect of that property byway of duties of customs or excise, value added tax or surcharge inrespect of sugar or molasses and any sums so discharged shall be deemedto be expenses incurred by the Company under that section.
4
Any limitation on the powers of the Company in relation to anyvessel arising by virtue of paragraph (1) or paragraph (2) of thisarticle shall not operate to authorise the exercise in relation to thatvessel of the powers conferred on Trinity House by section 531 of theAct of 1894.
For protection of National Rivers Authority
27
Nothing in this Order or in any enactment incorporated with orapplied by this Order shall prejudice or affect the application of anybyelaws made under the Land Drainage Act 1976 or relieve any person ofthe obligation to obtain any other licence or consent from the NationalRivers Authority required under any enactment.
Saving for Trinity House
28
None of the provisions of this Order shall prejudice or derogatefrom any of the powers, rights, duties or privileges of Trinity House.
PART IV
REPEALS
Repeal of enactments
29
On the day of transfer the enactments set out in the first column ofthe Schedule to this Order shall be repealed to the extent specified inthe second column of the said Schedule.
Signed by authority of the Secretary of State for Transport
H. B. Wenbarr Smith
An Under Secretary in the
Department of Transport
22nd May 1991


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No.5) Order 1991 and shall come into force at 18.00 hours on 12th July 1991.
2
In this Order “bivalve mollusc” means bivalve molluscs of the class of lamellabranchia, and “relevant time” means one minute past midnight on 12th July 1991.
Designated circumstances
2
In the opinion of the Secretary of State, bivalve molluscs in the area designated in article 3 below may be affected by the toxin which causes Paralytic Shellfish Poisoning in human beings and are likely to create a hazard to human health if they are consumed.
Designated area
3
The area described in the Schedule to this Order is hereby designated for the purposes of Part I of the Food and Environment Protection Act 1985.
Activity prohibited in the designated area
4
No person shall fish for or take any bivalve molluscs in the designated area.
Prohibited movement of bivalve molluscs
5
No person shall move any bivalve molluscs out of the designated area.
Restrictions throughout the United Kingdom
6
No person shall in the United Kingdom or in United Kingdom waters–
a
use any bivalve molluscs taken out of the designated area after the relevant time in the preparation or processing for supply of food and anything from which food could be derived,
b
land any bivalve molluscs which were in waters in the designated area after the relevant time,
c
supply, or have in possession for supply, any bivalve molluscs which were in the designated area after the relevant time,
d
supply, or have in possession for supply, any food or anything from which food could be derived in the preparation or processing of which anything was used in contravention of sub-paragraph (a) of this article,
e
feed to any creature a feeding stuff in the preparation or processing of which anything was used in contravention of sub-paragraph (a) of this article.
L.P. Hamilton
Secretary, Scottish Office
Pentland House,
Edinburgh
12th July 1991


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Health and Safety (Fees) Regulations 1991 and (except for regulations 10(2) and 11 and Part II of Schedule 9 and regulation 15, so far as it revokes regulations 10(2) and 11 of and Part II of Schedule 9 to the Health and Safety (Fees) Regulations 1990 which shall come into force on 3rd January 1992) shall come into force on 3rd October 1991.
2
In these Regulations, unless the context otherwise requires —
“approval” includes the amendment of an approval, and “amendment of an approval” includes the issue of a new approval replacing the original incorporating an amendment;
“employment medical adviser” means an employment medical adviser appointed under section 56(1) of the 1974 Act;
“the mines and quarries provisions” means such of the relevant statutory provisions as relate exclusively to —
mines and quarries within the meaning of section 180 of the Mines and Quarries Act 1954 ;
tips within the meaning of section 2(1) of the Mines and Quarries (Tips) Act 1969
and includes regulations, rules and orders relating to a particular mine (whether they are continued in force by regulation 7(3) of the Mines and Quarries Acts 1954 to 1971 (Repeals and Modifications) Regulations 1974 or are health and safety regulations);
“original approval” and “original authority” do not include an amendment of an approval or an amendment of an authority
“renewal of approval” or “renewal of licence” means respectively the granting of an approval or licence to follow a previous approval or licence without any amendment or gap in time;
“respiratory protective equipment” includes any respirator and any breathing apparatus.
3
Unless the context otherwise requires, any reference in these Regulations to —
a
a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered;
b
a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which the reference appears.
Fees payable under the mines and quarries provisions
2
1
A fee shall be payable by the applicant to the Health and Safety Executive on each application for an original approval, an amendment of approval or a renewal of approval under any of the mines and quarries provisions.
2
The fee payable under paragraph (1) for each description of plant, apparatus, substance and in any other case set out in column 1 of Part I of Schedule 1 shall be respectively that specified in the corresponding entry in columns 2, 3 and 4 of that Part.
3
Where the Executive requires testing to be carried out by its staff to decide whether approval can be granted, a fee shall be payable to the Executive by the applicant on the issue by the Executive of its determination in respect of the application for the approval as described below —
a
in the case of explosives and detonators, for each test specified in column 1 of Part II of Schedule 1, the fee shall be that specified in the corresponding entry in column 2 of that Part;
b
in any other case, the fee shall be determined under Part III of Schedule 1.
Fees payable in respect of approval of respiratory protective equipment and automatic safe load indicators
3
1
A fee shall be payable by the applicant to the Health and Safety Executive on each application for approval —
a
of respiratory protective equipment —
i
under the Factories Act 1961 , or any regulations made or having effect as if made under that Act,
ii
under the Control of Lead at Work Regulations 1980 ,
iii
under the Ionising Radiations Regulations 1985 ,
iv
under the Control of Asbestos at Work Regulations 1987 , and
v
under the Control of Substances Hazardous to Health Regulations 1988 ;
b
of automatic safe load indicators under the Construction (Lifting Operations) Regulations 1961 , and the Shipbuilding and Ship-repairing Regulations 1960 .
2
The fee payable for approval of each item of each subject matter described in column 1 of Part I of Schedule 2 shall be that specified in the corresponding entry in column 2 of that Part and where that entry specifies a fee as an amount per hour worked, the fee so calculated shall be payable prior to the notification of the result of the application for approval.
3
Where the Executive requires testing to be carried out by its staff to determine whether approval of any item of equipment specified in column 1 of Part II of Schedule 2 can be granted, a fee shall be payable to the Executive by the applicant on the issue by the Executive of its determination in respect of the application for approval and the fee shall be that specified in the corresponding entry in column 2 of that part.
Fees payable under the Agriculture (Tractor Cabs) Regulations 1974
4
1
A fee shall be payable by the applicant to the Health and Safety Executive on each application for approval of plant and equipment under the Agriculture (Tractor Cabs) Regulations 1974 .
2
The fee payable for the approval of each subject matter described in column 1 of Schedule 3 shall be that specified in the corresponding entry in column 2 of that Schedule.
Fee payable under the Freight Containers (Safety Convention) Regulations 1984
5
1
A fee shall be payable by the applicant to the Health and Safety Executive on each application for approval of a scheme or programme for examination of freight containers under the Freight Containers (Safety Convention) Regulations 1984 .
2
The fee payable for the approval described in column 1 of Schedule 4 shall be that specified in the corresponding entry in column 2 of that Schedule.
Fees payable for a licence under the Asbestos (Licensing) Regulations 1983
6
1
A fee shall be payable by the applicant to the Health and Safety Executive on each application for a licence under the Asbestos (Licensing) Regulations 1983 .
2
The fee payable on application for a licence described in column 1 of Schedule 5 shall be that specified in the corresponding entry in column 2 of that Schedule.
Fees payable for examination or surveillance by an employment medical adviser
7
1
A fee shall be payable to the Health and Safety Executive by an employer in respect of a medical examination or medical surveillance of each of his employees by an employment medical adviser for the purposes of any provision specified in column 1 of Schedule 6.
2
The fee payable under paragraph (1) shall be a basic fee for each examination or on each occasion when surveillance is carried out together with additional fees for X-rays and laboratory tests where these are taken or carried out in connection with the examination; and for each provision specified in column 1 of Schedule 6 —
a
the basic fee shall be the amount specified in column 3 of that Schedule for that provision;
b
the additional fee for X-rays shall be the amount specified in column 4 of that Schedule for that provision and shall cover all X-rays taken in connection with any one examination;
c
the additional fee for laboratory tests shall be the amount specified in column 5 of that Schedule for that provision and shall cover all such tests carried out in connection with any one examination.
3
Where an employment medical adviser carries out a medical examination of a self-employed person for the purposes of the Control of Asbestos at Work Regulations 1987, that self-employed person shall pay to the Executive fees ascertained in accordance with paragraph (2).
Fees for medical surveillance by an employment medical adviser under the Control of Lead at Work Regulations 1980
8
1
A fee shall be payable to the Health and Safety Executive by an employer in respect of medical surveillance of any of his employees by an employment medical adviser for the purposes of the Control of Lead at Work Regulations 1980 .
2
The fee payable for each item described in column 1 of Schedule 7 shall be that specified in the corresponding entry in column 2 of that Schedule.
Fees for approval of dosimetry services and for type approval of radiation generators or apparatus containing radioactive substances under the Ionising Radiations Regulations 1985
9
1
A fee shall be payable by the applicant to the Health and Safety Executive on each application for an approval of dosimetry services for the purposes of the Ionising Radiations Regulations 1985 .
2
A fee shall be payable by the applicant to the Executive on each application for the type approval of a radiation generator or an apparatus containing a radioactive substance.
3
The fee payable for approval or type approval in respect of each matter described in column 1 of Schedule 8 shall be that specified in the corresponding entry in column 2 of that Schedule, together with any fee determined under paragraph (4), where applicable.
4
Where the Executive requires an inspection to be carried out to determine whether an approval mentioned in paragraph (1) should be granted and it is necessary for any member of the Executive’s staff to travel outside Great Britain for the purpose of the inspection, a fee shall be payable by the applicant to the Executive of an amount equal to the reasonable cost of travelling and subsistence of the member of the Executive’s staff in connection with the inspection.
Fees payable under the Explosives Act 1875 and instruments made thereunder, under the Petroleum (Consolidation) Act 1928 and the Petroleum (Transfer of Licences) Act 1936
10
1
Where any application in relation to a provision specified in column 1 of Part I of Schedule 9 is made for a purpose specified in column 2 of that Part, the fee specified in the corresponding entry in column 3 of that Part shall be payable by the applicant to the Health and Safety Executive.
2
The fee or maximum fee payable under each provision specified in column 1 of Part II of Schedule 9 for the purpose described in the corresponding entry in column 2 shall be that specified in the corresponding entry in column 3 of that Part.
3
A fee shall be payable by the applicant to the Executive on each application being made for each purpose specified in column 1 of Parts III, IV , and V of Schedule 9, and the fee for each such purpose shall be that specified in the corresponding entry in column 2 of those Parts.
4
A fee shall be payable to the Executive where the Executive requires any testing to be carried out in connection with any purpose specified in column 1 of Part VI of Schedule 9, and the fee for testing in connection with each such purpose shall be that specified in the corresponding entry in column 2 of that Part for each hour or part of an hour worked in respect of such testing and such fee shall be payable prior to notification of the result of the application.
Date from which fees are payable under the Petroleum (Consolidation) Act 1928 and the Petroleum (Transfer of Licences) Act 1936
11
Notwithstanding the provisions of section 4 of the Petroleum (Consolidation) Act 1928 or section 1(4) of the Petroleum (Transfer of Licences) Act 1936 the fees for petroleum licences prescribed by these Regulations shall be payable for any licence first having effect or any transfer or renewal of a licence first taking effect on or after3rd January 1992 irrespective of the date of the application for that licence, transfer or renewal.
Fees for testing in connection with application under the Classification and Labelling of Explosives Regulations 1983
12
1
A fee shall be payable to the Health and Safety Executive by the applicant if any testing is carried out by or on behalf of the Executive with the agreement of the applicant in connection with an application under the Classification and Labelling of Explosives Regulations 1983 .
2
The fee payable for testing in connection with any purpose described in column 1 of Schedule 10 shall be that specified in the corresponding entry in column 2 of that Schedule for each hour or part of an hour worked in respect of such testing and such fee shall be payable prior to notification of the result of the application.
Fees for explosive licences under Part IX of the Dangerous Substances in Harbour Areas Regulations 1987
13
1
A fee shall be payable by the applicant to the Health and Safety Executive on each application for an explosives licence or for any alteration in the terms of an existing licence under Part IX of the Dangerous Substances in Harbour Areas Regulations 1987 .
2
The fee on an application for each purpose specified in column 1 of Schedule 11 shall be that specified in the corresponding entry in column 2 of that Schedule and where the fee is determined as an amount per hour, the fee so calculated shall be payable prior to notification of the result of the application.
Calculation of hours worked
14
In calculating the number of hours worked for the purpose of determining the amount of a fee payable under regulation 3(2), 10(4), 12(2) or 13(2) no account shall be taken of any typing, messenger or ancillary work (for which no further charge shall be payable).
Revocations
15
The Health and Safety (Fees) Regulations 1990 are hereby revoked.
Northern Ireland
16
These Regulations shall not apply to Northern Ireland.
Signed by order of the Secretary of State.
Eric Forth
Parliamentary Under Secretary of State,
Department of Employment
27th August 1991


text:
Title and commencement
1
This Order may be cited as the Medicines (Exemptions from Licences and Animal Test Certificates) (Amendment) Order 1991 and shall come into force on 3rd April 1991.
Amendments
2
The Medicines (Exemptions from Licences and Animal Test Certificates) Order 1986 shall be amended in accordance with the following provisions.
3
In article 2 (Interpretation) at the end of paragraph (1)(a) there shall be added the following definition —
‘withdrawal period’ means the period from cessation of medication of an animal with a veterinary drug or immunological veterinary drug to slaughter of that animal for human consumption or to the taking of products derived from such an animal for human consumption.
.
4
In article 4(1) (conditions) for sub-paragraph (b) there shall be substituted the following sub-paragraph —
b
the licensing authority have issued to the supplier, before the end of the specified period, an animal test (confirmation of exemption) certificate; and
.
5
For article 5 (application of exemption) there shall be substituted the following article —
5
The exemption conferred by article 3(a) shall not apply to the sale,supply or importation, or to the procuring of the sale, supply, manufacture or assembly of —
a
a live immunological veterinary drug, in respect of which a product licence has not been granted; or
b
a verterinary drug containing an active ingredient being a substance which is not contained in any veterinary drug in respect of which a product licence has been granted (not being a product licence of right) unless the supplier has given to the licensing authority —
i
a notice stating that the drug is not for use by being administered to animals intended for human consumption or to animals whose produce is intended for human consumption; or
ii
sufficient toxicological information for the licensing authority to determine whether or not the withdrawal period notified pursuant to paragraph 10 of Schedule 1 is adequate.
.
6
For Schedules 1 and 2 to the Order there shall be substituted the two Schedules set out in the Schedule to this Order.
Stephen Dorrell
Parliamentary Under Secretary of State for Health
6th March 1991
Strathclyde
Parliamentary Under Secretary of State, Scottish Office
5th March 1991
David Hunt
Secretary of State for Wales
5th March 1991
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.
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland this
F. A. Elliott
Permanent Secretary
7th day of March 1991.
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland this
W. J. Hodges
Permanent Secretary
8th day of March 1991.


text:
1
The King’s Lynn-Newark Trunk Road (Leadenham By-Pass and Slip Roads) Order 1973 is hereby revoked.
2
This Order shall come into force on 4th April 1991 and may be cited as the King’s Lynn-Newark Trunk Road (Leadenham By-Pass and Slip Roads) (Revocation) Order 1991.
Signed by authority of the Secretary of State for Transport
D.J. Morrison
Regional Director, East Midlands Region,
Department of Transport
20th March 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Industrial Training (Offshore Petroleum Board) (Revocation) Order 1991.
2
The provisions of this Order (except articles 3 and 4) shall come into force on 31st March 1991.
3
Articles 3 and 4 of this Order shall come into force on 30th June 1991.
4
In this Order —
a
“ the Act ” means the Industrial Training Act 1982;
b
“ the Board ” means the Offshore Petroleum Industry Training Board established by the Industrial Training (Petroleum Board) Order 1967 ;
c
“the net assets” means the assets which are not required to meet the liabilities of the Board and the expenses of its winding up; and
d
“the revocation date” means the date on which article 3 below comes into force.
Winding up of the Board
2
1
The Board shall be wound up in accordance with the provisions of this article.
2
On the coming into force of this article the Board shall cease to exercise its functions except in so far as continued exercise of those functions may be necessary or expedient for the purpose of winding up.
3
Between the coming into force of this article and the revocation date the Board shall so far as practicable discharge its liabilities.
4
On or after the revocation date the net assets of the Board which are transferred to the Secretary of State under article 4(1) below shall be applied for charitable purposes related to or connected with training for employment.
5
The Board shall for the part of its financial year ending on the revocation date make a final report to the Secretary of State in accordance with section 8 of the Act and that report shall include a statement of accounts of the Board to that date together with a copy of any report made by the auditors on the accounts. The Secretary of State shall lay a copy of the report before Parliament.
Revocation
3
The Industrial Training (Petroleum Board) Order 1967 and the Industrial Training (Offshore Petroleum Board) Order 1982 are hereby revoked.
Incidental and transitional provisions
4
1
All property (including records) and rights to which the Board was entitled immediately before the revocation date and any obligation to which the Board was then subject, not having been discharged under article 2(3) above, are hereby transferred to and shall vest in the Secretary of State.
2
Any proceedings which, but for the revocations in article 3 above, could have been commenced or continued by or in relation to the Board, may be commenced or continued by or in relation to the Secretary of State.
3
Every contract, agreement, licence and authority, whether written or not, and every deed, bond, instrument and document made before the revocation date and still in effect at that time, which relates to property, rights or obligations of the Board shall continue in effect but subject to the following modifications, so far as they or any one or more of them are applicable —
a
if the Board is a party thereto the Secretary of State shall be substituted as that party;
b
for a reference therein (however worded and whether express or implied) to the Board there shall, as respects anything falling to be done or occurring after that time, be substituted a reference to the Secretary of State;
c
for a reference therein (however worded and whether express or implied) to the members or any member or to any officer or officers of the Board there shall be substituted, as respects anything done or falling to be done or occurring on or after the revocation date, a reference to such officers or officer as the Secretary of State shall appoint for the purpose therein specified; and
d
for a reference therein to the office or place of business of the Board there shall be substituted a reference to the office or place of business of the Secretary of State.
Signed by order of the Secretary of State.
Robert Jackson
Parliamentary Under Secretary of State,
Department of Employment
14th February 1991


text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Type Approval)(Great Britain) (Amendment) Regulations 1991 and shall come into forceon 20th May 1991.
Preliminary
2
The Motor Vehicles (Type Approval) (Great Britain) Regulations 1984 shall be further amended in accordance with thefollowing provisions of these Regulations.
Amendments to regulation 2 (interpretation)
3
In regulation 2(1) the following definitions shall be inserted atthe appropriate places in alphabetical order —
“hire agreement” means an agreement for the bailment or (in Scotland) the hiring ofa vehicle which is not a hire-purchase agreement;
“hire-purchase agreement” has the same meaning as in the Consumer Credit Act 1974 .
Amendments to regulation 3 (application)
4
1
Regulation 3 shall be amended as follows.
2
For paragraph (2)(h) there shall be substituted —
h
a motor vehicle which is of a new or improved type provided that theconditions specified in paragraph (3) are satisfied;
.
3
After paragraph (2) there shall be added —
3
The conditions referred to in paragraph (2)(h) are that —
a
the manufacturer of the vehicle has made an application —
i
in respect of a type vehicle in accordance with regulation 5 for atype approval certificate, or
ii
in respect of another vehicle (“the intitial vehicle”) in accordance with regulation 6 for a Minister’s approvalcertificate;
b
an appointment has been made for a final examination of the typevehicle or the initial vehicle (as the case may be);
c
the vehicle conforms with the type vehicle or the initial vehicle(as the case may be) in such of the relevant aspects of design,construction, equipment and marking as are mentioned in the informationdocument accompanying the application pursuant to regulation 5 or 6;
d
the vehicle complies with the relevant type approval requirementsspecified in Schedule 1;
e
the Secretary of State has been notified of the vehicleidentification number;
f
the vehicle —
i
was at the date of manufacture owned by the manufacturer of thevehicle and has remained in his ownership,
ii
has not been offered for sale by him,
iii
has not been let or offered for letting under a hire agreement or ahire-purchase agreement, and
iv
has not been used on a road for any purpose other than for, or inconnection with, publicity, demonstration or evaluation of vehicles ofthe new or improved type; and
g
the manufacturer of the vehicle intends that until pusuant to theapplication mentioned in sub-paragraph (a) there has been issued a typeapproval certificate or a Minister’s approval certificate (as the casemay be), the vehicle —
i
shall remain in his ownership,
ii
shall not be offered for sale by him,
iii
shall not be let or offered for letting under a hire agreement or ahire-purchase agreement, and
iv
shall not be used on a road for any purpose other than for, or inconnection with, publicity, demonstration or evaluation of vehicles ofthe new or improved type.
.
Signed by authority of the Secretary of State for Transport
Christopher Chope
Parliamentary Under-Secretary of State,
Department of Transport
16th April 1991


text:
1
This Order may be cited as the Finance Act 1985 (Interest on Tax) (Prescribed Rate) (No.3) Order 1991 and shall come into force on 6th July 1991.
2
For the purposes of subsections (1), (3) and (6) of section 18 of the Finance Act 1985 the prescribed rate shall be 10 per cent.
Sydney Chapman
Thomas Sackville
Two of the Lords Commissioners of Her Majesty’s Treasury
26th June 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the National Health Service (Determination of Districts) Order 1991 and shall come into force on 1st April 1991.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service Act 1977;
“the material date” means 1st April 1991;
“the old authorities” means Central Birmingham Health Authority, Leeds Eastern Health Authority, Leeds Western Health Authority, North Warwickshire Health Authority, Rugby Health Authority and South Birmingham Health Authority the establishment of each of which was continued by the National Health Service (District Health Authorities) Order 1990 ;
“the relevant new authority” means —
in relation to the old authorities Central Birmingham Health Authority and South Birmingham Health Authority, South Birmingham Health Authority,
in relation to the old authorities Leeds Eastern Health Authority and Leeds Western Health Authority, Leeds Health Authority,
in relation to the old authorities North Warwickshire Health Authority and Rugby Health Authority, North East Warwickshire Health Authority,
being in each case an authority established by the National Health Service (District Health Authorities) Order 1991 ;
“the relevant Regional Authority” means —
in relation to Leeds Health Authority, Yorkshire Regional Health Authority,
in relation to North East Warwickshire Health Authority and South Birmingham Health Authority, West Midlands Regional Health Authority.
Variation of districts
2
1
Leeds Eastern District and Leeds Western District are abolished and there is determined a new district, to be known as Leeds District, comprising the former Leeds Eastern District and the former Leeds Western District.
2
Central Birmingham District is abolished and South Birmingham District is varied by the inclusion of the former Central Birmingham District.
3
North Warwickshire District and Rugby District are abolished and there is determined a new district, to be known as North West Warwickshire District, comprising the former North Warwickshire District and the former Rugby District.
4
Accordingly, in Part I of Schedule 1 to the National Health Service (Determination of Districts) Order 1981 —
a
the entries in columns (1), (2) and (3) relating to Leeds Eastern District, Leeds Western District, Central Birmingham District, North Warwickshire District and Rugby District are omitted;
b
after the entries relating to Hull District and to North Birmingham District there are inserted in the appropriate columns the entries set out in Part I and Part II respectively of the Schedule to this Order;
c
in the entry in column (3) relating to South Birmingham District for the words which follow “the wards of” there are substituted the words: “Bartley Green, Billesley, Bourneville, Brandwood, Edgbaston, Fox Hollies, Hall Green, Harborne, King’s Norton, Longbridge, Moseley, Northfield, Quinton, Selly Oak, Sparkbrook, Sparkhill and Weoley and in Nechells ward that part lying to the west of the avoiding railway line which runs from Saltley Viaduct to Landor Street Junction to Coventry Road.”.
Transfer of officers employed by district health authorities
3
1
Except as provided by paragraphs (2) and (3) of this article, any officer employed immediately before the material date by —
a
one of the old authorities, or
b
the old authorities jointly,
is on the material date transferred to the employment of the relevant new authority.
2
Where —
a
this article makes provision for the transfer of an officer, and
b
the officer in question is employed jointly by one or more of the old authorities and another person,
that provision shall have effect to transfer that officer to the employment of the relevant new authority and that other person jointly.
3
Nothing in this article applies to any officer whose employment is, by or under Part I of the 1990 Act, to be transferred on the material date to Leeds General Infirmary and Associated Hospitals National Health Service Trust , Rugby National Health Service Trust or St. James’s University Hospital National Health Service Trust .
4
Where by virtue of this article the employment of an officer is transferred to the employment of a relevant new authority or of that authority jointly with another person, the contract of employment of that officer is modified so as to substitute the relevant new authority as the employer or as one of the joint employers.
Transfer of officers employed by West Midlands Regional Health Authority
4
1
Any senior medical officer employed immediately before the material date by West Midlands Regional Health Authority for or in connection with the provision of services by South Birmingham District Health Authority is on the material date transferred to the new South Birmingham District Authority, and the contract of employment of such officer is modified so as to substitute as the employer the new South Birmingham District Health Authority.
2
In this article, “senior medical officer” means any officer employed as a consultant, associate specialist, senior hospital medical officer or senior hospital dental officer.
Preservation of training arrangements
5
Training arrangements in any of the old authorities under which any officer transferred by this Order is undergoing, or is to undergo, a course of training or has entered, or is going to enter, into an apprenticeship and which have not been discharged before the material date, continue to apply with the substitution for the old authority of the authority to the employment of which he is transferred by article 3 or 4 of this Order.
Enforceability of rights and liabilities
6
1
Subject to the following provisions of this Order, any right which was enforceable by or against any of the old authorities is enforceable by or against the relevant new authority.
2
Nothing in this article affects the enforceability of any right or liability which, by or under Part I of the 1990 Act, is transferred to Leeds General Infirmary and Associated Hospitals National Health Service Trust, Rugby National Health Service Trust or St. James’s University Hospital National Health Service Trust.
Winding up of affairs of old authorities
7
It is the duty of each relevant new authority to take, in accordance with such directions as may be given by the relevant Regional Authority, such action as may be necessary for the winding up of the affairs of an old authority.
Accounts of old authorities
8
Where, on the material date, any of the old authorities has not performed in respect of any period before that date any duty imposed on it by section 98 of the Act, the relevant new authority shall perform that duty in accordance with the provisions of that section, any regulations made under that section and any directions which may be given by the Secretary of State.
Provision for continuity in exercise of functions
9
1
Anything duly done by, and any application duly made by, or any direction, authorisation or notice duly given to or by any of the old authorities is deemed to have been duly done by, or made by or given to or by the relevant new authority.
2
Any instrument made by any of the old authorities continues in force, unless it is expressed to cease to be in force sooner, until it is varied or revoked by the relevant new authority.
3
Any form supplied by any of the old authorities and any form supplied by the Secretary of State relating to any of the old authorities continues to be a valid form in relation to the relevant new authority until it is cancelled or withdrawn by the Secretary of State or the relevant new authority, as if any reference contained in the form to any of the old authorities were a reference to the relevant new authority.
Accommodation and services made available on payment of charges
10
To the extent that any accommodation and services at any hospital in the district of any of the old authorities is, immediately before the material date, authorised by the Secretary of State to be made available under section 65(1) of the Act, it continues to be authorised to be made available under that section, to the extent determined, on or after that date until such authorisation is varied or revoked by the Secretary of State.
Investigation of complaints by Health Service Commissioner
11
1
A complaint under Part V of the Act to the Health Service Commissioner for England in relation to any of the old authorities, whether made before, on or after the material date, may be investigated by that Commissioner notwithstanding the abolition of that authority, as if the complaint had been made in relation to the relevant new authority.
2
The Health Service Commissioner for England, where he conducts such an investigation, shall send a report of the result of his investigation to the relevant new authority and the relevant Regional Authority.
Transfer of trust property of old authorities
12
Any trust property vested immediately before the material date in any of the old authorities shall on the material date be transferred to the relevant new authority.
Exercise of powers in relation to trusts
13
Where, immediately before the material date, any power to appoint trustees of a charity connected with health service purposes is under the trusts of the charity vested in any of the old authorities that power vests on the material date in the relevant new authority.
Appointment of new trustees
14
Where, under the trusts of a charity connected with health service purposes, the charity trustees immediately before the material date include an officer of any of the old authorities, the trustees shall instead include the holder of the corresponding office with the relevant new authority.
Signed by authority of the Secretary of State for Health.
Stephen Dorrell
Parliamentary Under-Secretary of State,
Department of Health
25th February 1991


text:
Citation, commencement, interpretation and extent
1
1
These Regulations may be cited as the Children (Prescribed Orders — Northern Ireland, Guernsey and Isle of Man) Regulations 1991 and shall come into force on 14th October 1991.
2
In these Regulations unless the context requires otherwise —
“ the Act ” means the Children Act 1989;
“the authority” means the local authority in whose care the child is by virtue of a care order under the Act;
“ the Board ” means a Health and Social Services Board in Northern Ireland established under article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972 ;
“the Children Board ” means the States Children Board in Guernsey;
“ the Department ” means the Department of Health and Social Security of the Isle of Man;
“the Northern Ireland Act ” means the Children and Young Persons Act (Northern Ireland) 1968 ;
“the Act of Tynwald” means the Children and Young Persons Act 1966 (an Act of Tynwald) .
3
In these Regulations, unless the context requires otherwise, any reference to a numbered regulation is to the regulation in these Regulations bearing that number and any reference in any regulation to a numbered paragraph is to the paragraph of that regulation bearing that number.
4
This regulation and regulations 2, 6 and 8 shall extend to Northern Ireland.
Transfer of care orders from England and Wales to Northern Ireland
2
1
A care order being an order made by a court in England and Wales, which appears to the Secretary of State to correspond in its effect to an order which may be made under a provision in force in Northern Ireland, shall in the circumstances prescribed in paragraph (2) have effect for all the purposes of the Northern Ireland Act as if it were an order under section 95(1)(b) of that Act committing the child to the care of the Board for the area in which it is proposed that he will live.
2
The circumstances referred to in paragraph (1) are that the court has given its approval under paragraph 19(1) of Schedule 2 to the Act to the authority arranging or assisting in arranging for the child to live in Northern Ireland.
3
The care order shall cease to have effect for the purposes of the law of England and Wales if the following conditions are satisfied —
a
the Board for the area in which the child will live in Northern Ireland has notified the court referred to in paragraph (2) in writing that it agrees to take over the care of the child; and
b
the authority has notified the court referred to in paragraph (2) that it agrees to the Board taking over the care of the child.
Transfer of care orders to England and Wales from the Isle of Man
3
1
A relevant order within the meaning of section 56(6) of the Act of Tynwald (being an order made by a court in the Isle of Man which appears to the Secretary of State to correspond in its effect to an order which may be made under the Act) shall in the circumstances prescribed in paragraph (2) have effect for all the purposes of the Act in England and Wales as if it were a care order under section 31 of the Act placing the child in question in the care of the local authority in whose area he is to live.
2
The circumstances prescribed are —
a
that the relevant order was made otherwise than on a finding of guilt;
b
that either —
i
the court has given leave under sub-section (2) of section 56 of the Act of Tynwald for the Department to make arrangements for the child to be received into the care of that authority; or
ii
the court has directed under sub-section (5) of that section that the said subsection (2) shall not apply in relation to the order in question; and
c
that the authority has agreed in writing to receive the child into its care.
Transfer of care orders from England and Wales to the Isle of Man
4
The conditions prescribed for the purposes of section 101(4) of the Act (child in care taken to live in the Isle of Man) in the case of a child who is taken to live in the Isle of Man are that —
a
the court has given its approval under paragraph 19(1) of Schedule 2 to the Act to the authority arranging or assisting in arranging for the child to live in the Isle of Man;
b
the Department has notified the court referred to in paragraph (a) in writing that it agrees to receive the child into its care; and
c
the authority has notified the court referred to in paragraph (a) that it agrees to the Department receiving the child into care.
Transfer of care orders from England and Wales to Guernsey
5
The conditions prescribed for the purposes of section 101(4) of the Act in the case of a child who is taken to live in Guernsey are that —
a
the court has given its approval under paragraph 19(1) of the Schedule 2 to the Act to the authority arranging or assisting in arranging for the child to live in care in Guernsey;
b
the Children Board has notified the Guernsey Juvenile Court in writing that it agrees to receive the child into its care; and
c
the authority has notified the Guernsey Juvenile Court that it agrees to the Children Board receiving the child into care; and
d
the Guernsey Juvenile Court has made a fit person order in respect of the child.
Transfer of recovery orders from England and Wales to Northern Ireland
6
1
Where an authority has reason to believe that a child has been unlawfully taken to, or is being unlawfully kept in, Northern Ireland, or has run away to Northern Ireland, or is missing and believed to be in Northern Ireland, a recovery order made by a court in England and Wales under section 50 of the Act (being an order which appears to the Secretary of State to correspond in its effect to an order which may be made under any provision in force in Northern Ireland) shall have effect for all purposes of the law of Northern Ireland as if it were an order made under section 50 of the Act by a magistrate’s court within the meaning of the Magistrates' Courts (Northern Ireland) Order 1981 .
2
Where a child is subject to a recovery order which is to have effect in Northern Ireland as mentioned in paragraph (1), any reasonable expenses incurred by an authorised person within the meaning of section 50(7) of the Act shall be recoverable from the authority in whose care the child was.
Transfer of recovery orders to England and Wales from the Isle of Man
7
1
For all purposes of the Act in England and Wales a recovery order under section 98B of the Act of Tynwald (being an order made by a court in the Isle of Man which appears to the Secretary of State to correspond in its effect to an order which may be made under the Act) shall in the circumstances prescribed in paragraph (2) have effect as if it were a recovery order made under section 50 of the Act.
2
The circumstances referred to in paragraph (1) are that section 98A of the Act of Tynwald applies to the child in question otherwise than by virtue of an order committing him to the care of the Department on a finding of guilt.
Amendments to Children and Young Persons Act 1969
8
1
The following consequential amendments shall be made to section 25 of the Children and Young Persons Act 1969 (transfers between England or Wales and Northern Ireland) —
a
in subsection (1) —
i
after the words “training school order” there shall be inserted the words “or by any order which has effect as if it were a fit person order”;
ii
for the words “as if it were a care order” to the end of that subsection there shall be substituted the words “in a case in which there was a fit person order (or an order having effect as if it were a fit person order), as if it were a care order under section 31 of the Children Act 1989 and in a case in which there was a training school order as if it were a supervision order imposing a residence requirement as mentioned in section 12AA of this Act.” ;
b
in subsection (2) —
i
after the words “committed by a care order” there shall be inserted the words “to which paragraph 36 of Schedule 14 to the Children Act (criminal care order transitional provisions) applies”;
ii
after the words “interim order” there shall be inserted the words “or who is to accommodate a person pursuant to a supervision order imposing a residence requirement as mentioned in section 12AA of this Act”;
iii
the words “or to the care of the Secretary of State” shall be omitted;
iv
for “83(3)(a), 88(3), 90 and 91(3)” there shall be substituted “88(3) and 90”;
v
for the words “a fit person order” there shall be substituted the words “the supervision order”;
c
in subsection (3) —
i
the words “or the Ministry of Home Affairs” shall be omitted;
ii
for the words “or care order” there shall be substituted the words “, care order or supervision order”;
iii
in paragraph (b) after the words “care order” there shall be inserted the words “or supervision order”;
iv
sub-paragraph (i) of paragraph (b) shall be omitted;
d
in subsection (4) the words “or the Ministry of Home Affairs” and the word “Ministry” shall be omitted.
2
The following consequential amendments shall be made to section 26 of the Children and Young Persons Act 1969 (transfers between England or Wales and the Channel Islands or the Isle of Man) —
a
in subsection (1) after the words “interim order” there shall be inserted “or as a supervision order imposing a residence requirement as mentioned in section 12AA of this Act” and at the end of the subsection there shall be inserted the words “and “care order” means an order made under section 31 of the Children Act 1989.”;
b
for the words in subsection (2) from “, subject to the following subsection” to the end of the subsection (3) there shall be substituted “be deemed to be the subject of a care order placing the child in the care of a named local authority or, where the relevant order was made as a criminal disposal in criminal proceedings, a supervision order imposing a residence requirement as mentioned in section 12AA of this Act with a requirement that the child be accommodated by a designated local authority.”
Signed by authority of the Secretary of State for Health
Virginia Bottomley
Minister of State,
Department of Health
9th September 1991


text:
Citation, commencement, extent and interpretation
1
1
These Regulations may be cited as the Hops Certification (Amendment) Regulations 1991, and shall come into force on 5th November 1991.
2
In these Regulations “the principal Regulations ” means the Hops Certification Regulations 1979 .
Amendment of the principal regulations
2
The principal Regulations shall be amended in accordance with regulations 3 to 11 of these Regulations and any reference in those provisions to any specified provision shall, unless the context requires otherwise, be taken to be a reference to the provision so specified of the principal Regulations.
3
In regulation 1(2) for the definition of “the Community provisions” there shall be substituted the following definition —
“the Community provisions” means the provisions of the following EEC regulations, that is to say, —
Council Regulation (EEC) No. 1696/71 on the common organisation of the market in hops as amended by Council Regulation (EEC) No. 1170/77 , Council Regulation (EEC) No. 235/79 and Council Regulation (EEC) No. 3998/87 ;
Council Regulation (EEC) No. 1784/77 concerning the certification of hops as amended by Council Regulation (EEC) No. 2225/79 , Council Regulation (EEC) No. 3041/79 , Council Regulation (EEC) No. 2039/85 and Council Regulation (EEC) No 1605/91 ;
Commission Regulation (EEC) No 890/78 laying down detailed rules for the certification of hops as amended by Commission Regulation (EEC) No. 1465/79 , Commission Regulation (EEC) No. 3479/80 , Commission Regulation (EEC) No. 1979/83 , Commission Regulation (EEC) No. 2600/85 , Commission Regulation (EEC) No. 3589/85 , Commission Regulation (EEC) No. 3994/88 , Commission Regulation (EEC) No. 921/ 89 and Commission Regulation (EEC) No. 2265/91 ;
Commission Regulation (EEC) No. 3076/78 on the importation of hops from non-member countries as amended by Commission Regulation (EEC) No. 1465/79 , Commission Regulation (EEC) No. 4060/88 and Commission Regulation (EEC) No. 2264/91 ;
.
4
In regulation 3 —
a
for sub-paragraph (1)(c), there shall be substituted the following sub-paragraph —
c
sell any hop cones imported from a third country and falling within combined nomenclature code 121010 unless there has been issued in respect of those hop cones either the attestation of equivalence provided for in Article 5(2) of Council Regulation (EEC) No 1696/71 or, as regards such hop cones imported on or before 30th April 1992, the control attestation referred to in Article 4 of Commission Regulation (EEC) No 3076/78 ;
;
b
in paragraph (2), for the words “£50” there shall be substituted the words “level 5 on the standard scale”.
5
In regulation 4 —
a
in paragraph (1), for the words from “Where a person imports” to “a signed undertaking — ” there shall be substituted the words “Where a person imports from a third country, on or before 30th April 1992, a consignment of hop cones falling within combined nomenclature code 1210 10 without producing to the Commissioners in respect of the consignment the attestation of equivalence referred to in Article 5(2) of Council Regulation (EEC) No 1696/71 , he shall produce to the Commissioners a declaration as required by Article 4(3) of Commission Regulation (EEC) No 3076/78 and the Commissioners may require that person to give them a signed undertaking — ”;
b
in paragraph (3), for the words “£200” there shall be substituted the words “level 5 on the standard scale”.
6
In regulation 5 —
a
in paragraph (1), after the word “certification” there shall be inserted the words “for hops and hop products produced within the Community and in the verification of the minimum marketing requirements for hops and hop products imported from a third country”;
b
for sub-paragraph (2)(a), there shall be substituted the following subparagraph —
a
enter and inspect any certification centre, or any premises or place used for the production, grading, processing, packing, storage or sale of any hops or hop products, inspect any machinery or equipment, and any hops or hop products, found there and take samples of such hops or hop products;
;
c
after paragraph (2), there shall be inserted the following paragraph —
3
An inspector acting in exercise of a power conferred by paragraph (2)(a) above may take with him such other persons as he considers necessary.
.
7
In regulation 6 —
a
in paragraph (a), after “that regulation” there shall be inserted the words “or a person accompanying him and acting under his instructions in pursuance of the power conferred by regulation 5(3) above”;
b
for the words “£200” there shall be substituted the words “level 3 on the standard scale”.
8
After regulation 6 there shall be inserted the following regulation —
6A
If any person —
a
fails to provide to an inspector or a certifying officer the information specified in Article 8a(3) of Commission Regulation (EEC) No 890/78 , or
b
intentionally obstructs an inspector or a certifying officer when seeking such information,
he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
.
9
In regulation 7(3), for the words “£50” there shall be substituted the words “level 2 on the standard scale”.
10
In regulation 8(3), for the words “£50” there shall be substituted the words “level 4 on the standard scale”.
11
In regulation 9 —
a
before “If any person” there shall be inserted “ — (1)”;
b
for the words “£400” there shall be substituted the words “level 5 on the standard scale”;
c
at the end of the regulation there shall be inserted the following paragraph —
2
In this regulation “certificate” includes an attestation of equivalence provided for in Article 5(2) of Council Regulation (EEC) No 1696/71 or a control attestation referred to in Article 4 of Commission Regulation (EEC) No 3076/78 .
.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 25th September 1991.
Trumpington
Minister of State, Ministry of Agriculture, Fisheries and Food
Strathclyde
Parliamentary Under Secretary of State, Scottish Office
1st October 1991


text:
Title, commencement and extent
1
1
This Order may be cited as the Disability Living Allowance and Disability Working Allowance (Northern Ireland Consequential Amendments) Order 1991.
2
This Order comes into force on such day or days as may be appointed by order made under Article 1(2) of the Disability Living Allowance and Disability Working Allowance (Northern Ireland) Order 1991 .
3
In this Order Articles 3(a) and (b)(ii), 5 and 6(2)(b) and (3)(b) extend to Northern Ireland only, and the remaining provisions extend to the whole of the United Kingdom. Amendment of the Capital Gains Tax Act 1979
2
In Schedule 1 to the Capital Gains Tax Act 1979 , in paragraph 5(2) after “section 37ZA of the Social Security Act 1975” there is inserted “or section 37ZA of the Social Security (Northern Ireland) Act 1975”.
Amendment of the Value Added Tax Act 1983
3
In Schedule 5 to the Value Added Tax Act 1983 –
a
in item 12 of Group 14 the words “mobility allowance or” are hereby repealed;
b
in the seventh note to Group 14–
i
after “section 37ZA of the Social Security Act 1975” there is inserted “or section 37ZA of the Social Security (Northern Ireland) Act 1975”; and
ii
the words ““mobility allowance” is a mobility allowance within the meaning of section 37A of the Social Security (Northern Ireland) Act 1975;” are hereby repealed.
Amendment of the Inheritance Tax Act 1984
4
1
The Inheritance Tax Act 1984 shall have effect subject to the following provisions of this Article.
2
In section 74(4)(c) after “section 37ZA of the Social Security Act 1975” there is inserted “or section 37ZA of the Social Security (Northern Ireland) Act 1975”.
3
In section 89(4)(c) after “section 37ZA of the Social Security Act 1975” there is inserted “or section 37ZA of the Social Security (Northern Ireland) Act 1975”.
Amendment of the Income and Corporation Taxes Act 1988
5
In section 617(1)(a) of the Income and Corporation Taxes Act 1988 the words “mobility allowance,” are hereby repealed.
Amendment of the Capital Allowances Act 1990
6
1
The Capital Allowances Act 1990 shall have effect subject to the following provisions of this Article.
2
In section 22(6)(a)–
a
after “1975” in the first place where it occurs there is inserted “or the Social Security (Northern Ireland) Act 1975”;
b
the words from “or of mobility allowance” to “(Northern Ireland) Act 1975” are hereby repealed.
3
In section 36(4)(a)–
a
after “1975” in the first place where it occurs there is inserted “or the Social Security (Northern Ireland) Act 1975”;
b
the words from “or of mobility allowance” to “(Northern Ireland) Act 1975” are hereby repealed.
G. I. de Deney
Clerk of the Privy Council


text:
Citation commencement and interpretation
1
1
These Regulations may be cited as the Community Charge Benefits (General) Amendment (No. 2) Regulations 1991 and shall come into force on 1st April 1991.
2
In these Regulations “the principal Regulations ” means the Community Charge Benefits (General) Regulations 1989 .
Revocation of regulation 52 of the principal Regulations
2
Regulation 52 of the principal Regulations (minimum community charge benefit) is hereby revoked.
Amendment of regulation 60 of the principal Regulations
3
In regulation 60 of the principal Regulations (time and manner in which claims are to be made)–
a
in paragraph (6) after the word “paragraphs” there shall be inserted “(6A),”;
b
after paragraph (6) there shall be inserted the following new paragraph–
6A
Where –
a
a claimant satisfies the conditions for entitlement to community charge benefit in respect of a period beginning on or after 1st April 1991; and
b
makes a claim for benefit for that period; and
c
that claim is made not later than 56 days after there has been served on him a demand (complying with regulations under the 1988 Act) which is expressed to take account of the provisions of the Community Charges (General Reduction) Act 1991 or, in Scotland, there has been issued to him a demand notice which complies with paragraph 2 of Schedule 2 to the 1987 Act as modified by or under section 3(4) of the Community Charges (General Reduction) Act 1991,
the claim shall be treated as having been made on the first day of the period in respect of which he satisfies the conditions for entitlement to benefit and for which the claim is made.
;
Amendment of regulation 65 of the principal Regulations
4
In regulation 65 of the principal Regulations (notification of determinations)–
a
at the beginning there shall be inserted the words–
1
Subject to paragraph (2),
;
b
after paragraph (1) there shall be added the following paragraph–
2
No notification is required under this regulation where a determination relates to a change in the amount of a person’s benefit and that change is solely in consequence of a reduction of an appropriate authority’s personal community charge under the Community Charges (General Reduction) Act 1991.
.
Amendment of regulation 67 of the principal Regulations
5
In regulation 67 of the principal Regulations (review of determinations)–
a
in paragraph (1) at the beginning there shall be inserted the words “Subject to paragraph (1A),”;
b
after paragraph 1 the following paragraph shall be inserted–
1A
Where the change of circumstances is a reduction of the appropriate authority’s personal community charge in consequence of the Community Charges (General Reduction) Act 1991, the authority shall review all determinations or decisions of a Review Board awarding benefit in respect of that charge before the reduction was made under that Act and shall determine the benefit due in respect of the reduced amount of the charge in each case.
.
Amendment of regulation 76 of the principal Regulations
6
In regulation 76 of the principal Regulations (time and manner of granting community charge benefit in respect of community charges in Scotland) after paragraph (5) there shall be added the following paragraph–
6
Where a personal community charge is reduced solely in consequence of the Community Charges (General Reduction) Act 1991 a notice to the claimant in respect of that reduction need not be given.
.
Amendment of regulation 76A of the principal Regulations
7
In regulation 76A(2) of the principal Regulations (notices to be given in England and Wales concerning the amount of a person’s community charge benefit and the manner in which entitlement shall be discharged) at the end there shall be added the words “, except that where a personal community charge is reduced solely in consequence of the Community Charge (General Reduction) Act 1991 a notice under this regulation in respect of that reduction need not be given.”.
Amendment of regulation 83 of the principal Regulations
8
In regulation 83 of the principal Regulations (meaning of excess benefits) at the end the word “or” and following sub-paragraph shall be added–
d
a reduction in the amount of the appropriate authority’s personal community charge in consequence of the Community Charges (General Reduction) Act 1991.
.
Amendment of regulation 84 of the principal Regulations
9
In regulation 84 of the principal Regulations (recoverable excess benefits) in paragraph (4) for the words “regulation 83(a) to (c)” there shall be substituted the words “regulation 83(a) to (d)”.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
28th March 1991


text:
1
The London — Brighton Trunk Road (A23 Hickstead) Order1987 (the“principal order”) is hereby amended as follows —
a
for article 2 of the principal order substitute the followingarticle —
2
1
The centre line of the new trunk road between its starting pointand a point on the Trunk Road 360 metres north of its junction with JobsLane, and between a point 210 metres south of that lane and itsterminating points, is indicated by a heavy black line on the depositedplan.
2
The centre line of the new trunk road between the said point on theTrunk Road 360 metres north of its junction with Jobs Lane and the saidpoint 210 metres south of that lane is indicated by a heavy black lineon the further deposited plan.
;
b
after sub-paragraph (i) in article 4(2) of the principal orderinsert the following sub-paragraph —
i)A
“the further deposited plan” means the plan folio numbered PSE A23/2/65/2/3 marked“The London–Brighton Trunk Road (A23 Hickstead) Order1987, Amendment Order 1991”, containing one map, signed by authority of the Secretary of Stateand deposited at the Department of Transport, Romney House, 43 MarshamStreet, London SW1P 3PY;
; and
c
in the Schedule to the principal order, for the words“the Trunk Road and generally parallel to it, crossing Jobs Lane andbifurcating about 250 metres south of Jobs Lane,” substitute the words —
, and generally parallel to, the Trunk Road to a point on that road360 metres north of its junction with Jobs Lane, then crossing that laneat a point 35 metres east of its junction with the Trunk Road andbifurcating about 250 metres south of that lane,
.
2
That part of the heavy black line on the deposited plan, referred toin the principal order, which lies between a point on the Trunk Road 360metres north of its junction with Jobs Lane and a point on that road 210metres south of its junction with that lane, shall be disregarded.
3
This Order shall come into force on 27th May 1991 and may be citedas the London — Brighton Trunk Road (A23 Hickstead) Order 1987,Amendment Order 1991.
Signed by authority of the Secretary of State for Transport
J. W. Fellows
Regional Director South East Region
Department of Transport
18th April 1991