text:
PART I
INTRODUCTORY
Extent, title and commencement
1
These Regulations, which shall apply to England and Wales, may be cited as the Internal Drainage Boards (Finance) Regulations 1990, and shall come into force on 24th January 1990.
Interpretation
2
1
In these Regulations, unless the context otherwise requires–
“the 1988 Act ” means the Local Government Finance Act 1988;
“agricultural buildings” has the meaning provided by paragraphs 2 to 8 of Schedule 5 to the 1988 Act ;
“agricultural land” has the meaning provided by paragraphs 2 and 4 to 8 of Schedule 5 to the 1988 Act;
“annual value property” means a hereditament comprising agricultural land or agricultural buildings in respect of which drainage rates may be assessed under the principal Act or any local Act;
“board” means an internal drainage board the continued existence of which is confirmed by section 140 of the Water Act 1989 or which is constituted or re-constituted pursuant to sections 11 to 13 of the principal Act;
“district” means an internal drainage district the continued existence of which is confirmed by section 140 of the Water Act 1989 or which is constituted or re-constituted pursuant to section 11 of the principal Act;
“land” has the meaning provided by section 116(1) of the principal Act;
“local charging authority” in relation to a board means a charging authority for any area wholly or partly included in their district;
“the National Rivers Authority” means the National Rivers Authority established by section 1 of the Water Act 1989;
“the principal Act” means the Land Drainage Act 1976 ;
“register” in relation to a board means the register prepared by the board in accordance with the Registers of Drainage Boards Regulations 1968 ;
“valuation list” means a valuation list maintained under Part V of the General Rate 1967 .
2
Any reference in these Regulations to a numbered regulation shall be construed as a reference to the regulation bearing that number in these Regulations.
Provision for the boards' expenses
3
The expenses of a board under the principal Act or any other Act (including any contribution made by the board towards expenses of the National Rivers Authority) shall, in so far as they are not met by contributions from that Authority, be raised by means of drainage rates and special levies in accordance with such Act read with these Regulations.
PART II
DRAINAGE RATES
Modification of the power to make rates
4
The power of a board to make and levy a drainage rate under and in accordance with Part IV of the principal Act or the provisions of any local Act as regards any time after 31st March 1990 shall be modified in accordance with the provisions of this Part and Parts IV and VI of these Regulations.
Rating of agricultural land and agricultural buildings
5
A board may make a drainage rate in respect only of agricultural land and agricultural buildings.
Abolition of owner’s rate
6
1
The expenses of a board raised by means of drainage rates in respect of the financial year beginning in 1993 and subsequent financial years shall be defrayed out of such rates without regard to the purpose for which any such expenses were incurred, and, in relation to such rates–
a
the distinction made in section 63(2) of the principal Act, between an owner’s drainage rate and an occupier’s drainage rate, shall cease to have effect;
b
section 63(3) of the principal Act shall have effect as if the words “Every owner’s drainage rate and” were omitted;
c
section 69(1), paragraph (d) of section 72(5) of, and paragraphs 1(3)(b) and 22(b) of Schedule 2 to, the principal Act shall cease to have effect.
2
Sections 64(7), 67(2) (4) and (6), 68(7), 76(2), 77, 78(1) and (2), 79(3) and 116(2) of, and paragraph 1(1)(c) of Schedule 2 to, the principal Act shall have effect from 1st April 1993 as if the references therein to the owner or owners or the owning of hereditaments or land were omitted, but without prejudice to anything done by virtue of those sections before 1st April 1993.
3
Paragraph 1(1)(a) and (d) and (3) of Schedule 2 to the principal Act shall have effect from 1st April 1993 as if the references therein to the owner of any land were references to the owner who is also the occupier of the land.
Annual value of agricultural land and agricultural buildings
7
1
For the purposes of sections 64(1) and 67 of the principal Act, the annual value of an annual value property in relation to any drainage rate made in respect of the financial year beginning in 1993 and subsequent financial years shall be its annual value determined in accordance with the Schedule to these Regulations.
2
Without prejudice to section 67 of the principal Act, every board shall, not later than 31st December 1992, determine the annual value in accordance with the said Schedule of each annual value property in their district on that date.
3
Where any agricultural land or agricultural buildings becomes an annual value property after 31st December 1992 in a district, the board of that district shall determine its annual value in accordance with the said Schedule as soon as practicable after the date on which it becomes such a property and that annual value shall have effect from that latter date.
4
A determination made by a board under paragraphs (2) or (3) of this regulation may be the subject of an appeal in accordance with the provisions of section 78 of the principal Act in the same manner as if it were a determination under section 67(2) of that Act.
5
For the purpose of enabling a board to fulfil the requirements of paragraphs (2) and (3) of this regulation, the occupier of an annual value property shall afford to the board in whose district the property lies, its officers and agents, reasonable facilities to inspect the property.
Supplementary provisions as to rates
8
1
Every drainage rate shall be made in respect of a financial year.
2
Every drainage rate shall be made before 15th February in the financial year preceding that in respect of which it is made, but is not invalid merely because it is made on or after that date.
3
Without prejudice to the provisions of section 76 of the principal Act and any corresponding provision of a local Act in respect of a board, a board may not make more than one rate in respect of a financial year.
4
Notice of a drainage rate given by a board pursuant to section 74 of the principal Act shall state the amounts of the board’s expenses to be raised by means of drainage rates and special levies, respectively.
5
For the purposes of sections 63 to 83 of the principal Act, the expressions
“agricultural buildings” and “agricultural land” shall have the meanings provided by regulation 2(1).
6
In section 67(6) of the principal Act, the reference to the “financial year” shall be taken to refer to the financial year as defined in section 145(3) of the 1988 Act (a period of 12 months beginning with 1st April).
7
Arrears of any drainage rates made in respect of a chargeable financial year may be recovered by a board in the same manner in which arrears of a non-domestic rate may, under the 1988 Act, be recovered by a charging authority.
8
The power conferred by paragraph (7) of this regulation is in addition to, and not in substitution for, the powers conferred by any provisions of any local Act on any board in relation to arrears of drainage rates.
PART III
SPECIAL LEVIES
Power to issue special levies
9
1
In order to meet its expenses, a board may, in accordance with the following provisions of these Regulations, issue a special levy to a local charging authority in respect of any chargeable financial year.
2
Any agreement made by a board and a rating authority pursuant to section 81 of the principal Act shall cease to have effect as regards any time after 31st March 1990.
3
References in the principal Act to a “qualified authority” shall be taken to refer to a local charging authority.
Issue of special levies
10
1
A special levy must be issued before 15th February in the financial year preceding that in respect of which it is issued, but is not invalid merely because it is issued on or after that date.
2
A board shall secure that such of its expenses as are to be met by special levies are borne by the local charging authorities (if more than one) in proportion.
3
Proportions under paragraph (2) of this regulation shall be determined–
a
in respect of the financial years beginning in 1990, 1991 and 1992, in accordance with regulation 22;
b
in respect of the financial year beginning in 1993 and each subsequent financial year, by reference to the aggregate annual value of the land, other than agricultural land, within each charging authority’s area or (as the case may be) the part of such land that lies within the board’s district, such value to be determined by the board in accordance with the provisions of regulation 18.
Substituted special levies
11
1
A board which has issued a special levy in respect of a financial year (originally or by way of substitute) may issue a special levy in substitution if the special levy for which it is substituted is quashed because of a failure to fulfil the requirement of regulation 10(2), or if it appears necessary to them in order to make the special levy conform with these Regulations, and in particular may–
a
correct any clerical or arithmetical error;
b
correct any erroneous insertions or omissions or any misdescriptions;
c
make such additions or corrections as appear necessary to the board by reason of any change in the boundaries of their district or of a local charging authority.
2
A special levy issued in substitution shall be issued in accordance with regulation 10(2) and (3) and regulation 12(1) and (2).
3
Where a board issues a special levy in substitution (in this regulation called “a new levy”), anything paid to it by reference to the special levy for which it is substituted (in this regulation called “the old levy”) shall be treated as paid by reference to the new levy.
4
But if the amount of the old levy exceeds that of the new levy–
a
the amount in excess shall be repaid if the local charging authority by whom it was paid so requires;
b
in any other case, the amount in excess shall (as the board determines) either be repaid or be credited against any subsequent liability of the local charging authority in respect of any special levy of the board.
Supplementary provisions as to special levies
12
1
A special levy shall be made by a board in writing under the common seal of the board.
2
A special levy shall be issued by a board within 10 days of the making thereof, stating the amount of the special levy, the charging authority to which it is issued and the date of issue, to every charging authority for any area wholly or partly included in the district of the board.
3
Every board shall before 1st April 1990 compile, and subsequently maintain, a record of–
a
any special levy (including any special levy in substitution) issued by them under these Regulations, showing in respect of each special levy the amount thereof, the dates on which it was made and issued, and the charging authority to which it was issued; and
b
the proportion of their expenses raised, in respect of each chargeable financial year, from the proceeds of drainage rates and special levies, respectively,
and keep the said record open to inspection by members of the public at all reasonable times at the principal office of the board.
Payment of special levies
13
A local charging authority, to which a board issues a special levy under these Regulations in respect of a financial year, shall pay the amount of the special levy in that financial year–
a
at such time and in such instalments (if any) as may be agreed between the board and the local charging authority; or
b
in default of such agreement, by two equal instalments due on 1st May and 1st November in the financial year, or when the special levy is issued after 30th April in the financial year, due 30 days after the date of issue of the special levy and on 1st November or 60 days after the said date of issue (whichever is later).
Anticipation of special levies
14
1
This regulation applies where, at a time when a charging authority makes a calculation under section 95 of the 1988 Act for a financial year, a board having power to issue to it a special levy under these Regulations has not issued a levy to it in respect of that year.
2
In estimating its expenditure under section 95(2) of the 1988 Act, a charging authority may take into account its estimate of the amount of the special levy that it expects will be issued to it by the board.
3
Where before 15th February in any financial year a board issues to a charging authority a special levy in respect of the following financial year, the amount taken into account under section 95(2) of the 1988 Act in respect of that following financial year shall be the amount of the special levy.
4
The amount estimated under paragraph (2) of this regulation in relation to the financial year beginning in 1990 shall be not less than the aggregate amount of the board’s expenses for which, in the financial year beginning in 1989, the board made a drainage rate assessed on the land, other than agricultural land and agricultural buildings, in the area of the charging authority including, where an agreement between the board and the charging authority under section 81 of the principal Act is in force, the amount payable under that agreement.
5
The amount estimated under paragraph (2) of this regulation in relation to the financial year beginning in 1991 and each subsequent financial year shall be not less than the amount of the special levy issued by the board to the charging authority in respect of the preceding financial year.
6
If the charging authority makes calculations for the year in substitution under section 96 of the 1988 Act at a time when a special levy in respect of that year has not been issued to it by the board, and an amount was taken into account under paragraph (2) of this regulation, the charging authority shall, in estimating its expenditure under section 95(2)(a) of that Act, take into account an amount equal to that taken into account under paragraph (2).
7
If the board issues no levy to the charging authority in respect of a year, the fact that an amount has been taken into account under paragraph (2) of this regulation does not make the charging authority liable to pay anything to the board.
8
Every board shall, if so requested, inform each local charging authority before 15th February 1990 of the aggregate amount relating to it referred to in paragraph (4) of this regulation.
9
Section 33(4)(a) of the 1988 Act shall apply in respect of a special levy anticipated under this regulation as it applies to a special levy issued to it.
PART IV
APPORTIONMENT OF EXPENSES
Expenses raised by drainage rates
15
1
Subject to regulation 17(4), the proportion of the expenses of a board which shall be raised from the proceeds of drainage rates shall be determined in accordance with the provisions of this regulation.
2
In respect of the financial years beginning in 1990, 1991 and 1992, the proportion shall be determined in accordance with regulation 22.
3
In respect of the financial year beginning in 1993 and each subsequent financial year, the proportion shall be determined by dividing the aggregate of the annual values of the annual value properties in the board’s district by the aggregate of the annual values of all the land and buildings in that district, such values to be determined in accordance with regulation 18.
Expenses raised by special levies
16
Subject to regulation 17(4), the proportion of the expenses of a board which shall be raised from the proceeds of special levies in any financial year shall be such as to raise the balance of those expenses remaining after deduction of the amount to be raised from the proceeds of drainage rates.
Expenses raised in sub-districts
17
1
Section 68(1) of the principal Act shall be taken to include a power for a board to issue differential special levies in accordance with this regulation.
2
An order made by a board under the said section 68(1) may determine the proportions of the expenses of the board to be raised in the respective sub-districts within their district.
3
Where an order made by a board under the said section 68(1) is in force and the order does not determine the proportions of the expenses to be raised in the respective sub-districts in accordance with paragraph (2) of this regulation, the amounts to be raised in each sub-district shall be determined as follows:–
a
expenses incurred in connection with new works or the maintenance or improvement of existing works in each sub-district shall be raised in that sub-district;
b
there shall be raised in each sub-district a proportionate part of the charges incurred by the board in respect of contributions under section 84 of the principal Act, or amounts specified under section 86 of that Act as correspond ing to such contributions, and of other expenses and charges not directly attributable to the maintenance of particular works.
4
Where an order made by the board under section 68(1) of the principal Act is in force, the proportions of the expenses of the board to be raised in a sub-district which shall be raised by means of drainage rates and special levies respectively–
a
shall be determined, in respect of the financial years beginning in 1990, 1991 and 1992, in accordance with regulation 22;
b
in respect of the financial year beginning in 1993 and each subsequent financial year, shall be the proportion P : Q, where–
i
P is the aggregate of the annual values of the annual value properties in the sub-district, and
ii
Q is the aggregate of the values of the land, other than agricultural land, within the sub-district,
such values to be determined by the board, and to have effect, in respect of each sub-district in the same manner as the values of such land are determined and have effect in respect of a district under regulation 18.
Determination of values for apportionment
18
1
Every board shall, before 15th February 1993 and in every subsequent year before 15th February, determine–
a
the aggregate annual value of the annual value properties in their district, and
b
the aggregate value of all other land in their district.
2
A determination under paragraph (1) shall be made in respect of the annual value properties or (as the case may be) the other land in the district of the board on the 31st December preceding the date on which the determination is to be made, and shall have effect for the purposes of any apportionment required to be made under regulation 10(3) or 15(3) in respect of the financial year following that in which the determination is to be made.
3
The value of land in a district other than agricultural land and agricultural buildings shall be taken to be–
a
in the case of a hereditament shown in the local non-domestic rating list of a charging authority on 1st April 1990, one-third of the relevant proportion of the rateable value shown for it in respect of that date in that list on 31st December 1992;
b
in the case of domestic property shown in a valuation list on 31st March 1990, one-third of the relevant proportion of the rateable value shown for it in the list on that date, multiplied by a factor of 6.73;
c
in the case of a hereditament, not being one to which sub-paragraph (a) above applies nor domestic property to which sub-paragraph (b) above applies, shown in the register of a board on 31st March 1990, one-third of the annual value shown for it in that register on that date multiplied by a factor of 8.02;
d
in the case of any land to which sub-paragraphs (a) to (c) above do not apply, the product of multiplying the area of the land (expressed in hectares and parts of a hectare) by a unit value per hectare representing the average value per hectare of all the land within the district to which sub-paragraphs (a) to (c) above apply, calculated by reference to the values determined in accordance with those sub-paragraphs.
4
In paragraph (3)(a) and (b) of this regulation, “relevant proportion” in relation to a rateable value means the proportion which the area of any part of the hereditament lying within a district bears to the total area of the hereditament.
PART V
MEMBERSHIP OF THE BOARDS
Appointed members
19
1
From 1st April 1990, a local charging authority may, in accordance with the provisions of this regulation and regulation 20, appoint a member or members of the board having power to issue special levies to it, and any member so appointed (in these Regulations referred to as an “appointed member”) shall be a member of the board in addition to elected members (if any) and members otherwise qualified as such (if any).
2
References in paragraphs 2 to 5 of Schedule 2 to the principal Act to members of a board shall be taken not to refer to appointed members.
3
The terms of appointment of an appointed member may be determined by the charging authority that appoints him or (as the case may be) the charging authorities that appoint him.
4
In appointing a person to be a member of a board, a charging authority shall have regard to the desirability of appointing a person who has knowledge or experience (including knowledge of the district of the board or commercial experience) of some matter relevant to the functions of the board and has shown capacity in such a matter.
Numbers of appointed members
20
1
In the period 1st April 1990 to 31st March 1993, the number of appointed members of a board–
a
may not exceed two-fifths of the number of all the members of the board; and
b
subject to sub-paragraph (a) of this paragraph, shall be such that the number bears to the maximum number of all the members of the board as nearly as possible the proportion which the aggregate amount raised by the board by means of drainage rates assessed on land, other than agricultural land and agricultural buildings, in respect of the financial year beginning in 1989 (including any amount payable to the board under an agreement made under section 81 of the principal Act) bears to the total amount raised by means of drainage rates in respect of that financial year.
2
From 1st April 1993 the number of appointed members of a board–
a
may not exceed by more than one the number of the other members of the board; and
b
subject to sub-paragraph (a) of this paragraph, shall be such that the number bears to the maximum number of all the members of the board as nearly as possible the proportion A : B, where A means the aggregate amount of special levies issued by the board, and B means the amount of the expenses of the board in respect of which drainage rates have been made and special levies have been issued.
3
Where more than one charging authority is entitled to appoint members of a board–
a
each such authority may appoint the number of members of the board calculated by multiplying the maximum number of appointed members by the fraction X/Y, where X and Y have the meanings assigned to them by paragraph (4) below, disregarding any fraction in the resulting product; and
b
where any such authority has appointed a member, the charging authorities shall, unless they otherwise agree, jointly appoint the number of members of the board representing the difference between the maximum number of appointed members and the aggregate number of members that may be appointed by individual charging authorities.
4
In paragraph (3)(a) above–
a
in respect of the period 1st April 1990 to 31st March 1993, X means the aggregate for the charging authority of the values referred to in regulation 22(a), and Y means the sum of such aggregate values of the local charging authorities whose areas lie within the board’s district;
b
in respect of any period after 31st March 1993, X means the amount of the special levy issued to the charging authority, and Y means the aggregate amount of the special levies issued by the board.
5
The number of members that may be appointed in accordance with the foregoing paragraphs of this regulation shall be determined for the period 1st April 1993 to 31st March 1996 and for each succeeding three-year period beginning on 1st April, by reference to the amounts in respect of which a board makes drainage rates and issues special levies in the financial year immediately preceding the relevant period, ascertained on 31st December in that year.
PART VI
TRANSITIONAL ARRANGEMENTS
Rating
21
In respect of the financial years beginning in 1990, 1991 and 1992, section 69(1) of the principal Act shall have effect as if the reference to the relative amount of rates in the respective sub-districts were a reference to the amounts of a board’s expenses to be raised by means of drainage rates in those sub-districts.
Apportionment of expenses
22
In respect of the financial years beginning in 1990, 1991 and 1992–
a
proportions under regulation 10(3) (apportionment among local charging authorities) shall be determined by reference to the aggregate, for each charging authority’s area or (as the case may be) the part of that area which lies within the board’s district, of–
i
the rateable values shown on 1st January 1990 for hereditaments in the valuation lists, and
ii
the annual values of hereditaments other than agricultural land and agricultural buildings shown on 1st January 1990 in the register of the board;
b
the proportion under regulation 15(2) (proportion of the expenses of a board to be raised by means of drainage rates) shall be that which the aggregate amount raised by the board by means of drainage rates on agricultural land and agricultural buildings in respect of the financial year beginning in 1989 bears to the total amount raised by means of drainage rates (including any amount payable to the board under an agreement under section 81 of the principal Act) in respect of that financial year;
c
the proportion under regulation 17(4) (proportion of the expenses in a sub-district to be raised by means of drainage rates and special levies, respectively) shall be that which the aggregate amount raised by the board by means of drainage rates assessed on agricultural land and agricultural buildings in the sub-district in respect of the financial year beginning in 1989 bears to the aggregate amount raised by means of drainage rates on land other than agricultural land and agricultural buildings (including any amount payable to the board under an agreement under section 81 of the principal Act) in respect of that financial year.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 22nd January 1990.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Peter Walker
Secretary of State for Wales
22nd January 1990


type: legislation

jurisdiction: UK

text:
1
1
This Order may be cited as the Copyright (Hong Kong) (Amendment) Order 1990 and shall be construed as one with the Copyright (Hong Kong) Orders 1972 and 1979 (hereinafter referred to as “the principal Order”).
2
The principal Order and this Order may be cited together as the Copyright (Hong Kong) Orders 1972 to 1990.
3
This Order shall come into force on 12th April 1990.
2
Schedule 1 to the principal Order shall be varied as follows:–
a
in Part I, by the deletion of the number “32”; and
b
in paragraph 3 of Part II (which paragraph specifies modifications in the extension of certain sections to Hong Kong), by the insertion in the table thereto in the appropriate place (having regard to numerical order) of the following entry:–
Provisions Modification
Section 32
In sub-section (1), for the words “Her Majesty may by Order in Council”, there shall be substituted “The Governor may by Order”.
In sub-section (1)(a) and (c), for the words “the United Kingdom”, there shall be substituted “Hong Kong”.
In sub-section (1)(d), for the words “laws of any part of the United Kingdom”, there shall be substituted “law of Hong Kong”.
In sub-section (1)(e), for the words “the United Kingdom by the Corporation or the Authority”, there shall be substituted “Hong Kong”.
In sub-section (2), the words “in Council” shall be deleted.
In sub-section (3), for the words “Her Majesty shall not make an Order in Council”, there shall be substituted “The Governor shall not make an Order”, and for the words “Her Majesty is satisfied”, there shall be substituted “the Governor is satisfied”.
G.I. de Deney
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Financial Services Act 1986 (Electricity Industry Exemptions) (No. 2) Order 1990 and shall come into force on 4th December 1990.
2
In this Order, “ the Act ” means the Financial Services Act 1986.
Exemptions
2
1
Nuclear Electric plc and any body corporate connected with it shall each be an exempted person as respects any activities falling within paragraph 13 of Schedule 1 to the Act in which it engages for the purposes of enabling or facilitating transactions in shares or debentures (as defined in paragraph 20(4) of that Schedule) in or of National Power plc between or for the benefit of any of the persons mentioned in paragraph (2) below or the holding of such shares or debentures by or for the benefit of any such persons.
2
The persons referred to in paragraph (1) of this article are–
a
the bona fide employees or former employees of Nuclear Electric plc or any body corporate in the same group (within the meaning of paragraph 30 of Schedule 1 to the Act) as Nuclear Electric plc; and
b
the wives, husbands, widows, widowers, or children (including, in Northern Ireland, adopted children) or step-children under the age of eighteen of such employees or former employees.
3
For the purposes of this article–
a
a body corporate shall be regarded as connected with another body corporate if it would be so regarded for the purposes of paragraph 20 of Schedule 1 to the Act; and
b
a person may be regarded as a former employee of any person even though never employed by that person if he occupied a position in relation to some other person of such a kind that it may reasonably be assumed that he would have been a former employee of the first person had the reorganisation of the electricity industry under Part II of the Electricity Act 1989 been effected before he ceased to occupy the relevant position.
John Redwood
Minister of State,
Department of Trade and Industry
8th November 1990


text:
Citation, Commencement and Interpretation
1
These rules may be cited as the Land Registration (Matrimonial Homes) Rules 1990 and shall come into force on 3rd December 1990.
2
1
In these rules, unless the context otherwise requires:–
“The 1967 Act ” means the Matrimonial Homes Act 1967 ;
“The 1983 Act ” means the Matrimonial Homes Act 1983;
“proper office” means the district land registry designated as the proper office by Article 2(2) of the Land Registration (District Registries) Order 1989 ;
2
A form referred to by number means the form so numbered in the Schedule to these rules.
Application to register notice
3
An application in pursuance of section 2(8) of the 1983 Act to register a notice shall be made in Form 99 to the proper office and, if at the date of the application an order has been made by virtue of section 2(4) of that Act, the application shall be accompanied by an official copy of the order for filing in the Registry.
Application to renew registration of notice or caution
4
1
Where a notice has been registered in pursuance of section 2(7) of the 1967 Act or section 2(8) of the 1983 Act or, before 14th February 1983, a caution has been registered in pursuance of section 2(7) of the 1967 Act, an application to renew the registration under paragraph (a) of section 5(3) of the 1983 Act shall be made in Form 100 to the proper office and shall be accompanied by an official copy of the order referred to in the said paragraph (a) for filing in the Registry.
2
If the registrar is satisfied that the application is in order he shall renew the registration by entering on the register a further notice or caution, as the case may require.
Warning off of cautions registered under section 2(7) of the 1967 Act
5
Where, before 14th February 1983, a caution has been registered in pursuance of section 2(7) of the 1967 Act, the registrar shall not be required, on the application of the proprietor of the land to which the caution relates, to serve the notice referred to in rule 218 of the Land Registration Rules 1925 except upon production of:
a
a release in writing of the rights of occupation protected by the caution; or
b
a statutory declaration that, as to the whole or any part of the land to which the caution relates, no charge under section 2 of the 1983 Act or section 2 of the 1967 act has ever arisen or, if such a charge has arisen, it is no longer subsisting.
Official search by mortgage
6
1
Where registered land which consists of or includes a dwelling house is subject to a registered charge, or to a mortgage which is protected by a notice of caution in accordance with section 106(3) of the Land Registration Act 1925 , the proprietor of the registered charge, or as the case may be the mortgagee, may apply for an official certificate of the result of a search of the register for the purpose of section 8(4) of the 1983 Act.
2
An application under paragraph (1) shall be in Form 106 and shall be delivered in duplicate at the proper office.
3
An official certificate giving the result of the search shall be issued in the form set out under the heading “Official Certificate of Result of Search” in Form 106.
Revocation
7
The Land Registration (Matrimonial Homes) Rules 1983 are hereby revoked.
Mackay of Clashfern, C.
Dated 4th July 1990


text:
Citation and commencement
1
These Regulations may be cited as the Housing (Prescribed Forms) (No. 2) Regulations 1990 and shall come into force on 19th September 1990.
Prescribed forms
2
1
The forms set out in the Schedule to these Regulations, or forms substantially to the like effect, shall be the forms to be used for the following purposes of the Housing Act 1985 —
a
Forms 1, 2 and 3, as appropriate, for a repair notice under section 189 in respect of unfit premises;
b
Form 4 for a repair notice under section 190(1) in respect of premises in a state of disrepair but not unfit and Form 5 for a repair notice under section 190(1A) served in respect of such premises on the person having control of them;
c
Form 6 for a notice under section 352 requiring the execution of works to make a house in multiple occupation fit for the number of occupants;
d
Form 7 for a notice under section 372 requiring the execution of works to remedy the neglect of management of a house in multiple occupation;
e
Form 8 for a notice under section 194(1) or 375(3A) of a local housing authority’s intention to enter and execute works;
f
Form 9 for a notice under sections 197, 319, 337, 340 or 395 before exercising powers of entry;
g
Form 10 for a demand under paragraph 3 of Schedule 10 for recovery of expenses incurred by a local housing authority in carrying out works in default;
h
Form 11 for a notice under paragraph 6A(1) of Schedule 10 requiring occupiers of premises to pay rent direct to a local housing authority;
i
Form 12 for a notice under paragraph 6A(3) of Schedule 10 discontinuing the requirement that occupiers of premises pay rent direct to a local housing authority;
j
Form 13 for a closing order under section 264;
k
Form 14 for a demolition order under section 265;
l
Form 15 for a notice under section 270 requiring an occupier to quit premises after a demolition order has become operative;
m
Form 16 for a notice under section 273(1) of a local housing authority’s intention to cleanse premises subject to a demolition order;
n
Form 17 for a notice under section 273(2) authorising an owner to proceed with demolition after premises have been cleansed;
o
Form 18 for a closing order under section 275 or 304 in substitution for a demolition order;
p
Form 19 for a demolition order under section 279 in substitution for a closing order;
q
Form 20 for a notice under section 289(2B)(a) of a local housing authority’s intention to include a building in a clearance area;
r
Form 21 for a notice under section 300 of a local housing authority’s determination to purchase premises liable to be demolished or closed;
s
Form 22 for a certificate of fitness under section 310 resulting from an owner’s improvements or alterations to premises;
t
Form 23 for a notice under section 330 revoking a licence authorising more than the permitted number to sleep in a dwelling;
u
Form 24 for a notice under section 331 informing a landlord that a dwelling is overcrowded;
v
Form 25 for a notice under section 335 requiring information about persons sleeping in a dwelling; (w) Form 26 for a notice under section 338 requiring an occupier of an overcrowded dwelling to abate the overcrowding;
w
Form 26 for a notice under section 338 requiring an occupier of an overcrowded dwelling to abate the overcrowding;
x
Form 27 for a notice under section 354(3) of a local housing authority’s intention to limit by direction the number of occupants of a house, or part of a house, in multiple occupation;
y
Form 28 for a direction under section 354(1) limiting the number of occupants of a house, or part of a house, in multiple occupation;
z
Form 29 for a notice under section 356 requiring information about the occupation of a house, or part of a house, in multiple occupation in respect of which a direction under section 354 is in force;
aa
Form 30 for a revocation or variation under section 357 of a direction under section 354;
ab
Form 31 for a notice under section 358(2) of a local housing authority’s intention to serve an overcrowding notice in respect of a house in multiple occupation;
ac
Form 32 for an overcrowding notice under section 358(1) in respect of a house in multiple occupation;
ad
Form 33 for a revocation or variation under section 363 of an overcrowding notice in respect of a house in multiple occupation;
ae
Form 34 for a notice under section 364 requiring information where an overcrowding notice under section 358 is in force;
af
Form 35 for a closing order under section 368 in respect of a part of a house in multiple occupation;
ag
Form 36 for a control order under section 379 in respect of a house in multiple occupation;
ah
Form 37 for a notice under section 379 accompanying a control order;
ai
Form 38 for a notice under paragraph 25 of Schedule 13 of the balances payable to a dispossessed proprietor on the termination of a control order;
aj
Form 39 for a notice under paragraph 26 of Schedule 13 to enable a local housing authority to recover capital expenditure incurred in carrying out works before a control order ceased to have effect.
2
Form 8 is prescribed for use only in cases where the notice is served in relation to a repair notice served on or after 1st April 1990.
3
Form 10 is prescribed for use only in cases where the demand is served in relation to a notice served under section 189, 190, 352 or, as the case may be, 372 on or after 1st April 1990.
4
Forms 18 and 19 are prescribed for use only in cases where the closing order or, as the case may be, demolition order is made in substitution for a demolition order or, as the case may be, closing order made on or after 1st April 1990.
Signed by authority of the Secretary of State for the Environment
Michael Portillo
Minister of State,
Department of the Environment
17th August 1990
David Hunt
Secretary of State for Wales
21st August 1990


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Welfare Food Amendment (No. 2) Regulations 1990 and shall come into force on 10th April 1990.
2
In these Regulations “the principal Regulations ” means the Welfare Food Regulations 1988 .
Amendment of regulations 5 and 10 of the principal Regulations
2
In regulation 5(1) of the principal Regulations (purchase of welfare food) and in regulation 10(2) of the principal Regulations (inability to purchase dried milk at a reduced price) for “£270” in each place where it occurs, there shall be substituted “£285”.
K. Clarke
One of Her Majesty’s Principal Secretaries of State
12th March 1990


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Cornwall Community Healthcare National Health Service Trust (Establishment) Order 1990 and shall come into force on 21st December 1990.
2
In this Order unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State has a function to provide under sections 3(1)(d) or (e) or 5(1)(a) and (1A) of, or Schedule 1 to, the National Health Service Act 1977 ;
“establishment date” means 21st December 1990;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means Cornwall Community Healthcare National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called Cornwall Community Healthcare National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be–
a
to own and manage hospital accommodation and services at Penrice Hospital, Porthpean Road, St. Austell, Cornwall PL26 6AA and associated hospitals;
b
to manage community health services provided from Penrice Hospital, Porthpean Road, St. Austell, Cornwall PL26 6AA and to own the premises there from which those services are to be provided and any associated premises;
c
to manage ambulance and patients' transport services from the Ambulance Headquarters, Gloweth, Truro, Cornwall TR1 3LW and to own those and any associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1991.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date in order to enable it to begin to operate satisfactorily from the operational date the trust shall have the limited functions–
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary for the said purpose.
Assistance by health authorities before operational date
7
1
The Cornwall and Isles of Scilly Health Authority shall–
a
until the operational date make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The Cornwall and Isles of Scilly Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are–
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the Cornwall and Isles of Scilly Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Virginia Bottomley
Minister of State,
Department of Health
4th December 1990


text:
1
These Regulations may be cited as the References to Rating (Housing) Regulations 1990 and shall come into force on 1st April 1990.
2
The enactments specified in the Schedule to these Regulations are amended as specified in that Schedule.
3
Section 26(3)(a) (agricultural premises) of the General Rate Act 1967 shall continue to have effect after 31st March 1990 for the purposes of section 26 of the Rent Act 1977 , sections 112 and 184 of the Housing Act 1985 and paragraph 6 of Schedule 1 to the Housing Act 1988 (land let with dwelling-house) as if section 117(1) (rates and precepts: abolition) of the Local Government Finance Act 1988 had not been enacted.
Chris Patten
Secretary of State for the Environment
5th March 1990
Peter Walker
Secretary of State for Wales
1st March 1990


text:
1
This Order may be cited as the Public Telecommunication System Designation (Devon Cablevision Limited) (South Devon) Order 1990 and shall come into force on 15th October 1990.
2
Each of the Applicable Cabled Systems is hereby designated as a public telecommunication system.
Douglas Hogg
Department of Trade and Industry
10th September 1990


text:
1
This Order may be cited as the Export of Goods (Control) (Amendment No. 6) Order 1990 and shall come into force on 21st December 1990.
2
The Export of Goods (Control) Order 1989 shall be further amended as follows:
a
in article 2, after paragraph (xiii) there shall be inserted:
xiv
where scheduled goods are indicated by the letter “A”, those goods, and (whether or not express provision is made in relation to technology) technological documents the information in which includes information relating to those goods, are prohibited to be exported to any destination;
xv
goods of a description specified in Schedule 1A hereto, and (whether or not express provision is made in relation to technology) technological documents the information in which includes information relating to those goods, are prohibited to be exported to any destination —
a
if the exporter knows that they are intended or likely to be used in
i
the production, handling, detection, identification or storage of chemical or biological weapons or of any chemical or toxin used in the production of such weapons; or
ii
the disposal of waste arising out of the production of chemical or biological weapons or of chemicals or toxins used in the production of such weapons;
b
where the exporter knows or has grounds for suspecting that they might be used for any purpose referred to in sub-paragraph (a) above, unless he has made all reasonable enquiries as to their proposed use and satisfied himself that the goods will not be so used.
;
b
in Group 3I in Part II of Schedule 1, for entry PL 7007 there shall be substituted the following entry:
PL 7007 Chemicals, the following —
2-chloroethanol A
3-hydroxy-1-methylpiperidine A
3-quinuclidinol A
3-quinuclidone A
Diethyl ethylphosphonate A
Diethyl methylphosphonite A
Diethyl-N, N-dimethylphosphoramidate A
Di-isopropylamine A
Dimethylamine A
Dimethylamine hydrochloride A
Dimethyl ethylphosphonate A
Dimethyl methylphosphonate A
Dimethylphosphite A
Ethyl phosphinyl dichloride A
Ethyl phosphinyl difluoride A
Ethyl phosphonyl dichloride A
Ethyl phosphonyl difluoride A
Hydrogen fluoride L,I,Y
Methyl benzilate A
Methyl phosphinyl dichloride A
Methyl phosphinyl difluoride A
Methyl phosphonyl dichloride A
Methyl phosphonyl difluoride A
N, N-diisopropyl-(Beta)-aminoethane thiol A
N, N-diisopropyl-(Beta)-amino ethanol A
N, N-diisopropyl-(Beta)-aminoethyl chloride A
O-ethyl-2-di-isopropylaminoethyl methylphosphonite A
Pinacolone A
Pinacolyl alchohol A
Phosphorous oxychloride A
Phosphorous pentasulphide A
Phosphorous trichloride A
Potassium fluoride A
Thiodiglycol A
Thionyl chloride A
Tri-ethanolamine A
Trimethyl phosphite A
;
and
after Schedule 1, there shall be inserted the following new Schedule:
SCHEDULE 1A
Article 2(xv)
A
Any chemicals or toxins;
B
Any equipment capable of being used in the production or storage of chemicals or toxins;
C
Any equipment (including clothing) capable of being used in the handling of chemicals or toxins or in the disposal of waste arising out of the production of chemicals or toxins;
D
Any equipment capable of being used in the detection or identification of chemicals or toxins.
Mike Coolican
An Assistant Secretary,
Department of Trade and Industry
20th December 1990.


text:
1
This Order may be cited as the Electricity Act 1989 (Consequential Modifications of Subordinate Legislation) Order 1990 and shall come into operation on 31st March 1990.
2
The subordinate legislation mentioned in columns 1 and 2 of the Schedule to this Order is hereby modified to the extent specified in column 3 of the Schedule.
John Wakeham
Secretary of State for Energy
7th March 1990
Malcolm Rifkind
Secretary of State for Scotland
7th March 1990


text:
1
This Order may be cited as the Export of Goods (Control) (Amendment No. 5) Order 1990 and shall come into force on 31st August 1990.
2
The Export of Goods (Control) Order 1989 shall be further amended as follows —
a
in article 4(f) the words “or in Namibia” shall be deleted;
b
in Group 3E in Part II of Schedule 1 after entry PL7010 there shall be inserted the following new entry —
“PL7016 Aircraft, helicopters and steerable parachutes having a maximum all up weight of not more than 390kg W”.
M Coolican
An Assistant Secretary
Department of Trade and Industry
23rd August 1990


text:
1
This Order may be cited as the Suppression of Terrorism Act 1978 (Designation of Countries) Order 1990 and shall come into force on 1st August 1990.
2
Finland and Greece are hereby designated as parties to the European Convention on the Suppression of Terrorism signed at Strasbourg on 27th January 1977.
David Waddington
One of Her Majesty’s Principal Secretaries of State
Home Office
19th June 1990


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Fund (Miscellaneous Provisions) Regulations 1990 and shall come into force on 24th September 1990.
2
In these Regulations, “ the Act ” means the Social Security Act 1986.
Condition to be satisfied before payment of a social fund award
2
1
Before a payment of an award out of the social fund under section 32(2)(b) of the Act (payment to meet needs other than in prescribed circumstances) is made for a category of need which is specified in directions given by the Secretary of State to be repayable , the person by or on behalf of whom the application was made shall notify the Secretary of State in writing of his agreement to the terms and conditions of which he has been notified by the Secretary of State in accordance with subsection (4A) of section 33 of the Act within 14 days of the date on which that notification was issued to that person.
2
The time specified in paragraph (1) above may be extended by the Secretary of State for special reasons, even though the time so specified may already have expired.
Circumstances in which an award is to be extinguished
3
An award of a payment out of the social fund under section 32(2)(b) of the Act shall be extinguished where —
a
the person by or on behalf of whom the application was made fails to satisfy the condition in regulation 2(1) above, within the time there specified or as extended under regulation 2(2), as the case may be; or
b
the payment has been made to the person by or on behalf of whom the application was made or to a third party but the person or the third party, as the case may be, has failed to present for payment the instrument of payment within 12 months of its issue.
Amendment of the Social Fund (Applications) Regulations 1988
4
After regulation 2 of the Social Fund (Applications) Regulations 1988 there shall be added the following regulation–
Time at which an application is to be treated as made
3
The time at which an application to which regulation 2 above applies is to be treated as made shall be–
a
in the case of an application which meets the requirements of regulation 2(1), the date on which it is received in an appropriate office;
b
in the case of an application which does not meet the requirements of regulation 2(1), but where the person complies with the requirements of the Secretary of State pursuant to regulation 2(5), the date on which the application was received in an appropriate office in the first instance.
.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
30th August 1990


text:
1
The Secretary of State is authorised to provide along the route described in the Schedule to this scheme a special road for the use of traffic of Classes I and II of the classes of traffic set out in Schedule 4 to the Highways Act 1980.
2
The centre line of the special road is indicated by a heavy black line of the deposited plan.
3
The special road except insofar as its route is comprised in any existing trunk road shall become a trunk road on the date when this Scheme comes into force.
4
In this Scheme: —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the deposited plan” means the plan numbered CSE 403/4B/26/015 marked “The M3 Motorway (Bar End-Compton Section) Scheme 1990”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY; and
ii
“the special road” means the special road mentioned in article 1 of this Scheme
5
This Scheme shall come into force on 14th March 1990 and may be cited as the M3 Motorway (Bar End-Compton Section) Scheme 1990.
Signed by authority of the Regional Director
D Gruffydd Jones
Secretary of State for Transport South East Region
Department of Transport
6th March 1990


text:
1
This Order may be cited as the Official Secrets Act 1989 (Commencement) Order 1990.
2
The Official Secrets Act 1989 shall come into force on 1st March 1990.
David Waddington
One of Her Majesty’s Principal Secretaries of State Home Office
9th February 1990


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Norfolk Ambulance National Health Service Trust (Establishment) Order 1990 and shall come into force on 17th December 1990.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 17th December 1990;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Norfolk Ambulance National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Norfolk Ambulance National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to manage ambulance and patients' transport services from the Ambulance Headquarters, Hospital Lane, Hellesdon, Norwich NR6 5NA and to own those and any associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1991.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date in order to enable it to begin to operate satisfactorily from the operational date the trust shall have the limited functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary for the said purpose.
Assistance by health authorities before operational date
7
1
The Norwich Health Authority shall —
a
until the operational date make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The Norwich Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the Norwich Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Stephen Dorrell
Parliamentary Under-Secretary of State,
Department of Health
4th December 1990


text:
PART I
GENERAL
Citation, commencement and scope
1
1
These Regulations may be cited as the Medicines (Fees Relating to Medicinal Products for Animal Use) Regulations 1990 and shall come into force on 2nd July 1990.
2
These Regulations apply only to fees payable–
a
in connection with applications for the grant, variation or renewal of licences or certificates under Part II of the Act relating wholly or partly to medicinal products for animal use; or
b
in respect of inspections made in connection with applications for the grant, renewal or variation of, or during the currency of any such licence or certificate; or
c
in respect of samples submitted for testing in connection with applications for the grant, renewal or variation of, or during the currency of a product licence; or
d
in respect of any reference to the Veterinary Products Committee or to the Medicines Commission in connection with an application for the grant of a product licence under Part II of the Act relating wholly or partly to medicinal products for animal use.
Interpretation
2
1
In these Regulations, unless the context requires otherwise–
“the Act” means the Medicines Act 1968 ;
“annual fee” in relation to any product licence means the appropriate amount calculated in accordance with the provisions of Part II of Schedule 4;
“biological medicinal product” includes an antigen, toxin, antitoxin, toxoid, serum, antiserum or vaccine or a fraction of any such product;
“capital fee” means any fee (other than an annual fee) payable under the provisions of these Regulations;
“emergency vaccines” means (a) no other suitable licensed vaccines are readily available for such use and (b) the vaccines are manufactured or assembled only from material obtained from the particular animal, flock or herd intended to be vaccinated;
“licence year” means the period beginning with the first day of April and ending with the last day of March of the year next ensuing;
“medicinal product” includes any substance or article specified in any Order made under (a) section 104 or 105(1)(a) of the Act which directs that Part II of the Act shall have effect in relation to such substance or article; or (b) section 130(3A) of the Act which provides that such substance or article shall be treated as a medicinal product.
2
In these Regulations any reference to a regulation or a Schedule shall be construed as a reference to a regulation contained in these Regulations, or as the case may be, to a Schedule thereto, and any reference in a regulation or a Schedule to a paragraph shall be construed as a reference to a paragraph of the regulation or, as the case may be, Schedule.
PART II
CAPITAL FEES FOR APPLICATIONS FOR LICENCES OR CERTIFICATES AND FOR INSPECTIONS IN CONNECTION THERE WITH
Applications for Licences and Certificates
3
Subject to regulations 20 and 22, in connection with an application for a product licence, a manufacturer’s licence, a wholesale dealer’s licence, an animal test certificate or any certificate of exemption issued under the Act, there shall be payable by the applicant–
a
the fee prescribed in Part II of Schedule 1 in connection with that application;
b
in respect of any inspection of a description falling within paragraph 1 of Schedule 2 made in connection with that application the fee payable in accordance with paragraphs 2 to 5 of that Schedule.
Applications for certificates for exports of medicinal products
4
1
In connection with an application for a certificate issued under section 50 of the Act, there shall be payable by the applicant–
a
if the applicant requests that the certificate be issued within 24 hours of receipt of the application, a fee of £100; or
b
in any other case, a fee of £50; and
c
in either case–
i
a fee of £10 for each certified copy of the original certificate requested by the applicant in excess of four, and
ii
a fee of £50 for each set of certificates requested by the applicant in addition to one.
2
In paragraph (1)(c)(ii) “set of certificates” means the original certificate plus up to four certified copies of that certificate.
PART III
FEES FOR APPLICATIONS FOR VARIATIONS OF LICENCES OR CERTIFICATES AND FOR INSPECTIONS IN CONNECTION THERE WITH
Variations of Licences and Certificates
5
Subject to regulations 6, 7, 20 and 22, in connection with an application under section 30 of the Act for the variation of a provision of a product licence, a manufacturer’s licence or a wholesale dealer’s licence, and under section 39(4) in respect of an animal test certificate, there shall be payable by the applicant–
a
the fee prescribed in Part III of Schedule 1; and
b
in respect of any inspection of a description referred to in paragraph 1 of Schedule 2 made in connection with that application, the fee payable in accordance with paragraphs 2 to 5 of that Schedule.
Applications for Multiple Variations
6
A separate fee shall be payable in respect of each variation of each provision of a licence or certificate applied for in any one application except that no separate fee shall be payable in respect of any variation which is related to or is consequential upon another variation of a provision of the same licence or certificate which is applied for in the same application.
Variations at the Invitation of the licensing authority
7
Where an application for a variation is made at the express written invitation of the licensing authority, no fee shall be payable under this Part of these Regulations.
PART IV
FEES FOR APPLICATIONS FOR RENEWALS OF LICENCES OR CERTIFICATES AND FOR INSPECTIONS IN CONNECTION THERE WITH
Renewal of Licences and Certificates
8
Subject to regulations 9, 20 and 22, in connection with an application under section 24(2) of the Act for renewal of a product licence, a manufacturer’s licence or a wholesale dealer’s licence, and under section 38(2) for an animal test certificate, there shall be payable by the applicant–
a
the appropriate fee prescribed in Part IV of Schedule 1; and
b
in respect of any inspection of a description referred to in paragraph 1 of Schedule 2 made in connection with that application a fee payable in accordance with paragraphs 2 to 5 of that Schedule.
Renewals in terms which are not identical to the existing licence or certificate
9
Where an applicant applies for renewal of a licence, or as the case may be, an animal test certificate so as to contain provisions which are not identical to that licence or certificate as in force at the date of that application, the fee payable under this Part of these Regulations shall be increased by an amount equal to the fee which would have been payable under Part III of these Regulations had he made a separate application for each variation of that licence or certificate.
PART V
FEES FOR INSPECTIONS OF A SITE MADE DURING THE CURRENCY OF A LICENCE
10
1
Subject to paragraph (4) and to regulations 20 and 22, a fee in accordance with paragraphs 2 to 5 of Schedule 2 shall be payable in respect of any inspection of a site made during the currency of a product licence, a manufacturer’s licence or a wholesale dealer’s licence (except for any inspection in respect of which a fee is otherwise payable under Parts III or IV of these Regulations).
2
The fee payable under paragraph (1) in respect of an inspection of a site made during the currency of a manufacturer’s licence or a wholesale dealer’s licence shall be payable by the holder of the manufacturer’s licence or, as the case may be, the wholesale dealer’s licence.
3
Where a fee is payable under paragraph (1) in respect of an inspection of a site located outside the United Kingdom, the fee shall be payable in equal proportions by each holder of a product licence in which that site is named as a possible site for manufacture of the medicinal product in respect of which the product licence is granted.
4
No fee shall be payable in respect of any inspection of a site carried out within 6 months of a previous inspection in order to ascertain whether alterations or improvements to the premises concerned, which were required in writing by the licensing authority as the result of that previous inspection, have been implemented.
PART VI
FEES FOR TESTING OF BIOLOGICAL MEDICINAL PRODUCTS ON APPLICATION FOR, OR DURING THE CURRENCY OF, A LICENCE OR CERTIFICATE
11
1
The fee payable for the testing of a biological medicinal product shall be determined by the category allocated to that product by the licensing authority in accordance with the provisions of this regulation. If, on consideration of the product, the licensing authority decides that it is necessary, the authority may re-allocate the product to a different category when the appropriate fee will become payable.
2
In connection with an application for the grant of a product licence or animal test certificate the fee payable shall be that specified in paragraph (4) below opposite the appropriate category–
a
for the testing of an emergency vaccine, category 5;
b
for the testing of any other biological medicinal product, category 2.
3
In respect of the batch control testing of a biological medicinal product (not being an emergency vaccine) in connection with the holding of a product licence (including a product licence of right) that product shall be allocated a category by the licensing authority according to one or more of the relevant following factors–
a
the actual cost of the test itself;
b
the number of batches of such a product actually submitted for testing in the previous year;
c
the number of times such a product was actually tested in the previous year
and, subject to regulations 20 and 22, the annual fee payable on sending the first batch for testing after the date these Regulations come into force or in any subsequent licence year shall be that specified in paragraph (4) below opposite category, 1, 2, 3 or 4.
(4) Category Testing Fee
Category 1 £500 Category 2 £1,500 Category 3 £4,000 Category 4 £7,000 Category 5 £50
PART VII
ANNUAL FEES
Product Licences – annual fee
12
1
Subject to paragraph (3) and regulation 22 in connection with any application for the grant or renewal of any product licence there shall be payable by the applicant an annual fee in respect of each licence year during any part of which a product licence, granted or renewed in pursuance of the application is in force, or a product licence already held by the applicant, is in force, save that no annual fee shall be payable in respect of the licence year during which the last to expire of such product licences expires if that licence expires on a date earlier than the anniversary of that date on which that licence was granted which falls in that licence year.
2
The annual fee shall be calculated in accordance with Schedule 4.
3
The annual fee may be adjusted or refunded in any of the circumstances set out in Schedule 5.
PART VIII
REFERENCES TO VETERINARY PRODUCTS COMMITTEE OR TO THE MEDICINES COMMISSION
Product Licences – References
13
Subject to regulations 20 and 22, in respect of any reference to the Veterinary Products Committee or to the Medicines Commission under section 21 of the Act in connection with an application for the grant of a product licence, there shall be payable by the applicant a fee of £1,000.
PART IX
ADMINISTRATION
Payment of fees to Ministers
14
Any sums which under the provisions of these Regulations become payable by way of, or on account of, fees shall be paid to one of the Agriculture Ministers specified in section 1(1)(b) of the Act as appropriate.
Time for payment of capital fees in connection with applications or inspections and refunds of such fees
15
1
Subject to paragraphs (2) and (3), all sums payable by way of capital fees under these Regulations in connection with any application shall be payable at the time of the application.
2
If, following either the determination of an application or an inspection, it becomes apparent that–
a
a lesser fee was properly payable, the excess shall be refunded to the applicant, or as the case may be, the holder of the licence or certificate concerned; or
b
a higher fee was properly payable, the balance due shall be payable within 28 days following written notice from the licensing authority to the applicant or, as the case may be, the holder of the licence or certificate concerned.
3
All sums payable by way of fees in respect of inspections made either in connection with an application or during the currency of a licence or certificate or in respect of samples submitted for testing shall become payable within 28 days following written notice from the licensing authority.
Time for payment of annual fees
16
1
Subject to paragraphs (2) and (3), all annual fees shall be payable on 1st September of the licence year to which they relate.
2
Where an applicant first becomes liable to make any payment by way of annual fees of a particular kind during the course of a licence year, such fees shall be payable forthwith.
3
Where an application is made by an applicant who has not previously held a product licence he shall be liable to pay a sum at the basic rate referred to in Part II of Schedule 4 at the time of the application in respect of the licence year in which the licence is granted.
Late payment of annual fees
17
1
Where an annual fee has not been paid by the holder or former holder of the licence by the end of the period of three months from the due date, a further fee, calculated in accordance with the provisions of the following paragraphs, shall be payable.
2
The further fee referred to in the preceding paragraph shall be an amount equivalent to 1 per cent of the annual fee payable multiplied by the number of complete months contained in the period from the day after the end of the period of three months from the due date until the date when the annual fee is paid, rounded down to the nearest £10. Where the annual fee payable is less than £10, no such fee shall be payable.
3
Where the holder or former holder of a licence has not furnished evidence of his annual turnover in accordance with the provisions of Part I of Schedule 4 so that the annual fee payable in respect of a licence year cannot be determined before the due date, he may make a payment of an amount on account of the annual fee payable by him (in this regulation referred to as a “payment on account”).
4
Where the holder or former holder of a licence has made a payment on account in the circumstances mentioned in the preceding paragraph the further fee payable by him shall be calculated as if in paragraph (2) above the reference to the annual fee payable were to the difference between the payment on account and the amount of the annual fee as subsequently determined.
5
In this regulation–
a
“due date” means the date upon which an annual fee became payable in accordance with the provisions of these Regulations;
b
references to a period calculated from a day are references to the period inclusive of that day.
Suspension of Licences
18
Where any sum due by way of, or on account of, any fee or any part thereof payable under these Regulations remains unpaid by the holder of a licence or certificate, the licensing authority may serve a notice on him requiring payment of the sum unpaid and, if after a period of one month from the date of service of such notice, or such longer period as the licensing authority may allow, the said sum remains unpaid, the licensing authority may forthwith suspend the licence or certificate until such sum has been paid.
Civil proceedings to recover unpaid fees
19
All unpaid sums due by way of, or on account of, any fees payable under these Regulations shall be recoverable as debts due to the Crown.
Waiver, Reduction or Refund of Fees
20
The licensing authority may waive payment of, reduce any fee or part of a fee otherwise payable under these Regulations or refund the whole or part of any fee already so paid in exceptional circumstances or in any of the circumstances specified in Schedule 3.
PART X
REVOCATION, SAVINGS AND TRANSITIONAL PROVISIONS
Revocation and Savings
21
1
Subject to paragraph (2), the Medicines (Fees Relating to Medicinal Products for Animal Use) Regulations 1989 are hereby revoked.
2
Paragraph (1) shall not affect–
a
any annual fee or part of such a fee under the Regulations hereby revoked;
b
any notice given or any suspension made under the Regulations hereby revoked and any such notice or suspension shall have effect as if given or made under these Regulations; and
c
any proceedings constituted under the Regulations hereby revoked for the recovery of any fees due as debts due to the Crown.
Transitional provisions
22
1
Subject to paragraphs (2) and (3), these Regulations shall not apply to any application made before the date these Regulations come into force.
2
A fee shall be payable in respect of any inspection made or any product testing required after the date these Regulations come into force in connection with any application made before that date as if these Regulations applied to that application.
3
Where an application is made before the date these Regulations come into force to renew a licence or certificate which is due to expire on or after 1st October 1990 a fee shall be payable in accordance with Part IV of these Regulations in connection with that application within 28 days following written notice from the licensing authority.
Kenneth Clarke
Secretary of State for Health
5th June 1990
David Hunt
Secretary of State for Wales
5th June 1990
Sanderson of Bowden
Minister of State, Scottish Office
5th June 1990
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 4th June 1990.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on 4th June 1990.
F. A. Elliott
Permanent Secretary
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland on 8th June 1990.
W. J. Hodges
Permanent Secretary
We consent,
John Taylor
Kenneth Carlisle
Two of the Lords Commissioners of her Majesty’s Treasury
6th June 1990


text:
Title and commencement
1
This Order may be cited as the Local Government Act 1985 (Thames Water Authority Regional Land Drainage Committee) (Revocation) Order 1990, and shall come into force on 12th September 1990.
Revocation
2
The Local Government Act 1985 (Thames Water Authority Regional Land Drainage Committee) Order 1986 is hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 18th August 1990.
Trumpington
Minister of State, Ministry of Agriculture, Fisheries and Food


text:
1
This Order may be cited as the Road Traffic (Driver Licensing and Information Systems) Act 1989 (Commencement No. 2) Order 1990.
2
The provisions of the Road Traffic (Driver Licensing and Information Systems)Act 1989 specified in the Schedule to this Order shall come into force on 1st June 1990.
Signed by authority of the Secretary of State for Transport
Robert Atkins
Parliamentary Under Secretary of State,
Department of Transport
28th March 1990


text:
1
The Fees appearing in the Schedule to this Order are established. The Tables of the Schedule contain particulars of the Fees which are to be received, after the commencement of this Order, by the ecclesiastical judges and legal officers named in the Schedule for carrying out by them of the duties of their offices specified in the Schedule.
2
The Fees established and set out in Table IV of the Schedule to the Legal Officers Fees Order 1975 and in Tables I, II , III , IV and V of the Schedule to the Ecclesiastical Judges and Legal Officers (Fees) Order 1989 shall no longer be payable.
3
a
Subject to the provisions of this paragraph nothing in this Order shall preclude a diocesan board of finance from agreeing to pay an additional fee to a diocesan registrar by way of annual fee or retainer (hereinafter called a “supplementary annual fee”) which is in addition to the annual fee or fees prescribed by Order made under the Ecclesiastical Fees Measure 1986.
b
An agreement made under sub-paragraph (a) above shall be expressed to be an agreement for a payment by way of supplementary annual fee.
c
An agreement made under sub-paragraph (a) above shall be in writing. The period for which the agreement is to run shall be stated in the agreement. In the absence of any such statement the agreement shall remain binding until determined by not less than three months' notice on either side.
d
The body responsible for paying a supplementary annual fee shall be the diocesan board of finance.
4
A fee specified in the Schedule to this Order may be increased by a sum for reasonable expenses of travel, subsistence and accommodation.
5
Where Valued Added Tax is chargeable in respect of the provision of any service for which a fee is prescribed in this Order there shall be payable in addition to that fee the amount of the Value Added Tax.
6
This Order may be cited as the Ecclesiastical Judges and Legal Officers (Fees) Order 1990 and shall come into operation on the first day of January 1991.
R. B. Gibson
A. Black
T. A. C. Coningsby
D. Lovelock
B. M. M. O'Connor
Dated this sixth day of June 1990
Approved by the General Synod Secretary-General
Derek Pattinson
the 10th day of July 1990


text:
Title, commencement and interpretation
1
1
This Scheme may be cited as the Plant Breeders' Rights (Festulolium) Scheme 1990 and shall come into force on 28th August 1990.
2
In this Scheme “ the Act ” means the Plant Varieties and Seeds Act 1964.
Plant varieties for which plant breeders' rights may be granted
2
There are prescribed for the purposes of the grant of plant breeders' rights all plant varieties of Festulolium which conform with the characteristics of cultivated plant varieties of x. Festulolium spp.
Period for which rights are exercisable
3
The period for which plant breeders' rights shall be exercisable in respect of any of the plant varieties referred to in paragraph 2 of this Scheme shall be 25 years.
Class of plant varieties for the purposes of section 5(7) of the Act
4
In relation to x. Festulolium spp. the class of plant varieties prescribed for the purposes of section 5(7) of the Act (which enables classes of plant varieties to be prescribed in connection with the use of names likely to deceive or cause confusion) consist of all plant varieties of the species specified in the Schedule to this Scheme.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 23rd July 1990.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
23rd July 1990
David Hunt
Secretary of State for Wales
20th July 1990
Peter Brooke
Secretary of State for Northern Ireland
30th July 1990
David Waddington
Secretary of State for the Home
Department (being the Secretary of State concerned with matters relating to the Isle of Man)
Home Office
27th July 1990


text:
Citation and commencement
1
1
This Order may be cited as the Cambridgeshire, Norfolk and Suffolk (County Boundaries) Order 1990.
2
This Order shall come into force on 13th March 1990 for any purpose set out in regulation 4(1) (coming into operation of order) of the Local Government Area Changes Regulations 1976 .
3
For all other purposes this Order shall come into force on 1st April 1990.
Interpretation
2
In this Order —
a
“boundary map” means one of the 4 maps prepared by the Department of the Environment, marked “Maps of the Cambridgeshire, Norfolk and Suffolk (County Boundaries) Order 1990”, duly numbered for reference, and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976;
b
references to “the parish of Outwell” and “the parish of Upwell” are references to the parishes so named in the county of Norfolk and the borough of King’s Lynn and West Norfolk;
c
references to “the parish of Outwell (Isle)” and “the parish of Upwell (Isle)” are references to the parishes of Outwell and Upwell respectively in the county of Cambridgeshire and the district of Fenland.
Transfers from Cambridgeshire to Norfolk
3
1
The part of the County of Cambridgeshire and the district of Fenland which forms the area of the parish of Outwell (Isle) and which is marked A6 on boundary map 3 shall be transferred to —
a
the county of Norfolk and the Marshland South electoral division of that county;
b
the borough of King’s Lynn and West Norfolk and the Upwell, Outwell and Delph ward of that borough;
c
the parish of Outwell;
d
the Downham Market petty sessional division;
e
the King’s Lynn Coroner’s district.
2
The part of the county of Cambridgeshire, the district of Fenland and the parish of Upwell (Isle) which is marked A7 on boundary map 3 shall be transferred to —
a
the county of Norfolk and the Marshland South electoral division of that county;
b
the borough of King’s Lynn and West Norfolk and the Upwell, Outwell and Delph ward of that borough;
c
the parish of Upwell;
d
the Downham Market petty sessional division;
e
the King’s Lynn Coroner’s district.
3
The parts of the county of Cambridgeshire, the district of Fenland and the parish of Wisbech which are marked A4 and A5 on boundary map 2 shall be transferred to —
a
the county of Norfolk and the Marshland South electoral division of that county;
b
the borough of King’s Lynn and West Norfolk and the Mershe Lande ward of that borough;
c
the parish of Walsoken;
d
the King’s Lynn petty sessional division;
e
the King’s Lynn Coroner’s district.
Transfers from Norfolk to Cambridgeshire
4
The parts of the county of Norfolk, the borough of King’s Lynn and West Norfolk and the parish of Walsoken which are marked A1, A2 and A3 on boundary maps 1 and 2 shall be transferred to —
a
the county of Cambridgeshire and the Wisbech North electoral division of that county;
b
the district of Fenland and the Wisbech North ward of that district;
c
the parish of Wisbech;
d
the Wisbech (Isle) petty sessional division;
e
the Northern (Cambridgeshire) Coroner’s district.
Transfer from Norfolk to Suffolk
5
The part of the county of Norfolk, the district of Breckland and the parish of Weeting-with-Broomhill which is marked A8 on boundary map 4 shall be transferred to —
a
the county of Suffolk and the Brandon electoral division of that county;
b
the district of Forest Heath and the Brandon East ward of that district;
c
the parish of Brandon;
d
the Mildenhall petty sessional division;
e
the West Suffolk Coroner’s district.
Consequential changes to parish electoral arrangements
6
1
The parish councillors of the parishes of Outwell and Upwell in office immediately before 1st April 1990 shall cease to hold office on that date.
2
The number of parish councillors for the parish of Outwell shall be increased from 9 to 11.
3
The number of parish councillors for the parish of Upwell shall continue to be 13.
4
Elections of parish councillors for the parishes of Outwell and Upwell shall be held on such day before 1st April 1990 as the returning officer shall appoint, and the councillors elected shall come into office on 1st April 1990 and retire on the fourth day after the ordinary day of election of councillors in 1995.
Abolition of parish
7
The parish of Outwell (Isle) shall cease to exist and its parish council shall be dissolved. Its residuary successor shall be the council of the parish of Outwell, which shall also have custody of the public books and documents of the abolished parish.
Town and country planning
8
Any provisions of a structure plan, an old development plan (within the meaning of paragraph 2 of Schedule 7 to the Town and Country Planning Act 1971 ) or a local plan made or adopted by a county or district council which apply immediately before 1st April 1990 to an area transferred by this Order shall continue to have effect in relation to that area as if they were part of such a plan made or adopted by the council of the county or district to which that area is transferred.
Land registration
9
Registration of title to land under the Land Registration Acts 1925 to 1986 shall cease to be compulsory on sale in the area transferred by article 5 save insofar as section 154(1) of the Housing Act 1985 , section 81(9) of, 108 of and Schedule 12 to, or 133(8) of the Housing Act 1988 or section 173 of the Local Government and Housing Act 1989 applies to any land situated in that area.
Signed by authority of the Secretary of State for the Environment
David Heathcoat-Amory
Parliamentary Under Secretary of State,
Department of the Environment
8th February 1990


text:
1
1
This Order may be cited as the Customs Duties (ECSC) (Quota and other Reliefs) Order 1990 and shall come into force on 1st January 1991.
2
In this Order: —
references to a heading or subheading are references to a heading or subheading in the Combined Nomenclature of the European Economic Community ;
references to customs duty are references to duty charged by the Customs Duties (ECSC) Order 1987 in relation to the goods;
“the EEC Regulation” means Commission Regulation (EEC) No. 693/88 .
2
1
Up to and including 31st December 1991, no customs duty shall be charged on goods —
a
which fall within a heading or subheading in Part I of Schedule 1 hereto (certain iron and steel products) and
b
which originate in any country named in Schedule 2 hereto other than a country named in column 2 of Part III of Schedule 1 hereto in relation to that heading or subheading as specified in column 1 thereof.
This paragraph shall not apply in respect of goods falling within a heading or subheading indicated with an asterisk in Part I of Schedule 1 to this Order originating in China, nor in respect of goods originating in Romania.
2
Up to and including 31st December 1991, no customs duty shall be charged on goods —
a
which fall within a heading or subheading specified in Part II of Schedule 1 hereto (certain iron and steel products) and
b
which originate in a country named in Schedule 2 hereto.
This paragraph shall not apply in respect of goods falling within a heading or subheading indicated with an asterisk in Part II of Schedule 1 to this Order originating in Romania.
3
Paragraphs (1) and (2) above shall only apply to goods in respect of which an importer delivers an entry thereof for home use (within the meaning of section 37 of the Customs and Excise Management Act 1979 and regulation 13 of the Customs Warehousing Regulations 1979 ) containing an application for relief from customs duty in the United Kingdom on or after 1st January 1991 accompanied by such documents as may be required under the provisions of the EEC Regulation.
3
1
Up to and including 31st December 1991, no customs duty shall be charged on goods falling within a heading or subheading in column 1 of Part II of Schedule 1 hereto (certain iron and steel products) which originate in a country named in column 2 in relation to that heading or subheading if they form part of the relevant quota.
2
For the purposes of paragraph (1) of this article the “relevant quota” in relation to any heading or subheading means the amount (expressed as a value in pounds) of goods specified in column 3 of Part III of Schedule 1 hereto in relation to the heading or subheading in respect of each of the countries named in column 2 in relation to that heading or subheading.
3
Article 4 of the Customs Duties Quota Relief (Administration) Order 1986 shall apply for the purposes of this article subject to the modification that the application for relief from customs duty shall be accompanied by such documents as may be required under the provisions of the EEC Regulation.
4
For the purpose of this Order goods shall be treated as originating in a country named in column 2 of Part III of Schedule 1 or in Schedule 2 hereto if they are to be regarded as so originating by virtue of the EEC Regulation.
Edward Leigh
Parliamentary Under Secretary of State,
Department of Trade and Industry
31st December 1990


text:
Citation and commencement
1
These Regulations may be cited as the Personal Equity Plan (Amendment) Regulations 1990 and shall come into force on 6th April 1990.
Interpretation
2
In these Regulations “the Principal Regulations ” means the Personal Equity Plan Regulations 1989 and “regulation” means a regulation of those Regulations.
Amendments to the Principal Regulations
3
1
In regulation 2(1)–
a
in sub-paragraph (a)–
i
at the beginning there shall be inserted–
“approved profit sharing scheme” and “approved share option scheme” have the same meaning as in Chapter IV of Part V of the Taxes Act;
ii
for the definition of “ordinary share” there shall be substituted–
“ordinary share” means a share forming part of a company’s share capital other than–
a share which carries no right to share in the profits of a company except a right to dividends of a fixed amount or at a fixed rate per cent. of its nominal value, and
a share which carries no such right but carries a right to conversion into a share which carries such a right;
;
b
in sub-paragraph (b)–
i
in the definition of “authorised unit trust” for the words “within the meaning of” to the end there shall be substituted the words “or a fund of funds”;
ii
after the definition of “authorised unit trust” there shall be inserted–
“authorised securities scheme” means a unit trust scheme the sole object of which is to enable participants to participate in or receive profits or income arising from the acquisition, holding, management or disposal of transferable securities or sums paid out of such profits or income being a scheme which is not a fund of funds;
“fund of funds” means a unit trust scheme the sole object of which is to enable participants to participate in or receive profits or income arising from the acquisition, holding, management or disposal of units in authorised securities schemes or sums paid out of such profits or income;
.
4
In regulation 3 paragraph (b) and the word “and” preceding it shall be omitted.
5
1
In regulation 4(1) for sub-paragraphs (a) and (b) there shall be substituted–
a
that it is the only plan to which the qualifying individual subscribes in any year;
b
that it is a plan to which only one qualifying individual subscribes;
c
that, subject to paragraph (2), it is a plan to which the qualifying individual subscribes only by payment directly to the plan manager of a sum or sums of the individual’s cash which do not in the aggregate exceed the subscription limit in any year.
2
For regulation 4(2) there shall be substituted–
2
Subject to the conditions prescribed by paragraph (3), a plan fulfils the condition in paragraph (1)(c) if the qualifying individual subscribes to it by transferring, or renouncing his rights to, any shares allotted or allocated to him in the circumstances specified in paragraph (2A) to the plan manager or a nominee for the plan manager.
2A
The circumstances specified in this paragraph are where–
a
in pursuance of a public offer, an application is made by the qualifying individual for the allotment or allocation to him of shares in a company which are qualifying shares and shares are allotted or allocated to him in consequence of that application; or
b
in connection with the transfer of the whole of the business of a building society to a company (“the successor company”) in accor dance with section 97 and the other applicable provisions of the Building Societies Act 1986 shares in the successor company which are qualifying shares are allotted or allocated to the qualifying individual by virtue of his membership of, or employment by, the society–
i
in priority to other persons, or
ii
for consideration of an amount or value lower than the market price of the shares, or
iii
free,
but not so as to include shares which are acquired by, or appropriated to, an individual who is an employee of the society in accordance with the provisions of an approved share option scheme or an approved profit sharing scheme.
3
In regulation 4(3)–
a
in sub-paragraph (a) after the words “their allotment” there shall be inserted the words “or allocation”;
b
in sub-paragraph (b) after the words “such an application” there shall be inserted the words “as is referred to in paragraph (2A)(a), any sum payable for such an allotment or allocation as is referred to in paragraph (2A)(b)”.
4
In regulation 4(4) for “£4,800” there shall be substituted “£6,000”.
6
1
In regulation 5(1) after the words “at the price” there shall be inserted the word “for” and for the word “fetch” there shall be substituted the words “be sold, purchased or otherwise transacted as the case may be”.
2
In regulation 5(2) in sub-paragraph (a) the words “(and is entitled under the provisions of these Regulations to hold)” shall be omitted.
3
In regulation 5(3) the words “which he is entitled to hold” shall be omitted.
4
In regulation 5(5) for the words “or in an investment trust” there shall be substituted the words “, in a fund of funds or in an investment trust satisfying in each case the condition specified in regulation 6(3)(b)” and after the words “authorised unit trusts” there shall be inserted the words “, funds of funds”.
7
1
In regulation 6(2)–
a
in sub-paragraph (b)–
i
after the word “subject” there shall be inserted the word “either” and after the words “paragraph (3)” there shall be inserted the words “or to the condition specified in paragraph (4)”;
ii
for paragraph (ii) there shall be substituted–
ii
a fund of funds, or
iii
an investment trust;
;
b
for sub-paragraph (c) there shall be substituted–
c
cash deposited in accordance with regulation 5(3) which a plan manager holds for the purpose of investment in investments which are qualifying investments within sub-paragraph (a) or (b)
.
2
In regulation 6(3)–
a
in sub-paragraph (a) after the words “authorised unit trusts” there shall be inserted the words “, funds of funds”;
b
for sub-paragraph (b) there shall be substituted–
b
that either–
i
at least 50 per cent. in value of the investments subject to the trusts of a unit trust scheme which is an authorised unit trust, or held by an investment trust, are ordinary shares (not being shares in an investment trust) issued by companies which are incorporated in the United Kingdom, or are shares in an investment trust where at least 50 per cent. in value of the investments held by that trust are such ordinary shares, or
ii
in the case of a unit trust scheme which is a fund of funds, at least 50 per cent. in value of the investments subject to the trusts of the unit trust schemes, the units in which are subject to the trusts of the scheme, are ordinary shares (not being shares in an investment trust) issued by companies which are incorporated in the United Kingdom;
.
3
After regulation 6(3) there shall be added–
4
The condition specified in this paragraph is that the total amount of the cash subscription to the plan invested in authorised unit trusts, funds of funds and investment trusts in any year does not exceed £900.
8
After regulation 6 there shall be inserted–
Non-qualifying investments held on 5th April 1990
6A
1
Subject to the conditions specified in paragraph (2), where investments were held under a plan on 5th April 1990 in authorised unit trusts, funds of funds or investment trusts which after that date fail to satisfy the condition specified in regulation 6(3)(b) (in this regulation referred to as “non-qualifying investments”), those investments, and any further non-qualifying investments purchased in accordance with the condition in paragraph (2)(b), may continue to be held under the plan notwithstanding the provisions of regulation 6.
2
The conditions specified in this paragraph are–
a
that the total amount of the cash subscription to the plan for the year ending 5th April 1990 which was invested in non-qualifying investments on that date did not exceed one half of the subscription limit in force for that year;
b
that, except where non-qualifying investments are purchased with the proceeds of the sale of non-qualifying investments, the total amount of cash invested in non-qualifying investments in any year beginning after 5th April 1990 does not exceed £900.
9
In regulation 9(3) in sub-paragraph (c) for the words “made no other application to subscribe to another” there shall be substituted “not subscribed to any other”.
10
Regulation 29 shall be omitted.
Revocations
11
The Regulations specified in the Schedule to these Regulations are hereby revoked to the extent specified in the third column of that Schedule.
Stephen Dorrell
Thomas Sackville
Two of the Lords Commissioners of Her Majesty’s Treasury
20th March 1990