text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Income Support (General) Amendment Regulations 1990 and shall, subject to paragraphs (2) and (3), come into force as follows —
a
regulations 1, 2, 11, 12, 18(a) and (c), 22(e) and 23(a) on 1st April 1990;
b
regulations 3 to 10, 13 to 17, 18(b), (d) and (e), 19 to 21 and 22(a) to (d) and 23(b) on 9th April 1990.
2
These Regulations shall come into force in relation to any particular claimant at the beginning of the first benefit week to commence for that claimant on or after the date specified in paragraph (1) which applies in his case; and for this purpose the expressions “claimant” and “benefit week” have the same meanings as in the General Regulations .
3
In any case in which these Regulations and the Social Security Benefits Up-Rating Order 1990 come into force on the same day, these Regulations shall come into force immediately after that Order.
4
In these Regulations “the General Regulations” means the Income Support (General) Regulations 1987 .
Amendment of regulation 2 of the General Regulations
2
In regulation 2 of the General Regulations (interpretation), in paragraph (1) after the definition of “training allowance” there shall be inserted the following definition —
“water charges”, as respects England and Wales, means charges under Chapter IV of Part II of the Water Act 1989 ;
.
Amendment of regulation 4 of the General Regulations
3
In regulation 4 of the General Regulations (temporary absence from Great Britain) —
a
in paragraph (1) for the words from “shall continue during” to the end there shall be substituted the words —
shall continue only —
in the circumstances specified in paragraph (2), during the first 4 weeks of that period of temporary absence; and
in the circumstances specified in paragraph (3), during the first 8 weeks of that period.
;
b
after paragraph (2) there shall be added the following paragraphs —
3
The circumstances in which a claimant’s entitlement to income support is to continue during the first 8 weeks of a temporary absence from Great Britain are that —
a
the period of absence is unlikely to exceed 52 weeks; and
b
the claimant continues to satisfy the other conditions of entitlement to income support; and
c
the claimant is, or the claimant and any other member of his family are, accompanying a member of the claimant’s family who is a child or young person solely in connection with arrangements made for the treatment of that child or young person for a disease or bodily or mental disablement; and
d
those arrangements relate to treatment —
i
outside Great Britain;
ii
during the period whilst the claimant is, or the claimant and any member of his family are, temporarily absent from Great Britain; and
iii
by, or under the supervision of, a person appropriately qualified to carry out that treatment.
4
In paragraphs (2) and (3) “appropriately qualified” means qualified to provide medical treatment, physiotherapy or a form of treatment which is similar to, or related to, either of those forms of treatment.
.
Amendment of regulation 5 of the General Regulations
4
In regulation 5 of the General Regulations (persons treated as engaged in remunerative work), after paragraph (6) there shall be added the following paragraph —
7
For the purposes of paragraphs (1) and (2), in determining the number of hours for which a person is engaged in work, that number shall include any time allowed to that person by his employer for a meal or for refreshment, but only where that person is, or expects to be, paid earnings in respect of that time.
.
Substitution of regulation 12 of the General Regulations
5
For regulation 12 of the General Regulations (relevant education) there shall be substituted the following regulation —
Relevant education
12
1
For the purposes of these Regulations a child or young person is to be treated as receiving relevant education if, and only if —
a
he is not receiving advanced education; but
b
he is receiving full-time education for the purposes of section 2 of the Child Benefit Act 1975 (meaning of child) or, as the case may be, he is treated as a child for the purposes of that section.
2
For the purposes of this regulation “receiving advanced education” means participating in any course (whether full-time or part-time) —
a
leading to a postgraduate degree or comparable qualification, a first degree or comparable qualification, a diploma of higher education, a higher national diploma, a higher national diploma of the Business and Technician Education Council or the Scottish Vocational Education Council or a teaching qualification; or
b
any other course which is a course of a standard above ordinary national diploma, a national diploma of the Business and Technician Education Council or a national certificate of the Scottish Vocational Education Council, a general certificate of education (advanced level), a Scottish certificate of education (higher grade) or a Scottish certificate of sixth year studies.
.
Amendment of regulation 14 of the General Regulations
6
In regulation 14(2) of the General Regulations (persons of a prescribed description) there shall be inserted after the words “shall not apply to” the words “a person who is receiving advanced education within the meaning of regulation 12(2) (relevant education) or to”.
Amendment of regulation 16 of the General Regulations
7
In regulation 16 of the General Regulations (circumstances in which a person is to be treated as being or not being a member of the household), in paragraph (5) —
a
in sub-paragraph (a), at the beginning there shall be inserted the words “in a case which does not fall within sub-paragraph (aa),” and for the words “with the date” there shall be substituted the words “on the day which immediately follows the day”;
b
after sub-paragraph (a), there shall be inserted the following sub-paragraph —
aa
where regulation 4(3) or paragraph 11A or 12A of Schedule 7 (temporary absence abroad for the treatment of a child or young person) applies, has been continuously absent from Great Britain for a period of more than 8 weeks, that period of 8 weeks commencing —
i
where he went abroad before the date of the claim for income support, on the date of that claim;
ii
in any other case, on the day which immediately follows the day on which he went abroad; or
.
Amendment of regulation 21 of the General Regulations
8
In regulation 21(3) of the General Regulations (special cases), in the definition of “person from abroad”, after the words “Isle of Man” there shall be inserted the words “unless, in the case of a national of a state which is a signatory of that European Convention, he has made an application for the conditions of his leave to remain in the United Kingdom to be varied, and that application has not been determined or an appeal from that application is pending under Part II of the 1971 Act (appeals);”.
Amendment of regulation 22 of the General Regulations
9
In regulation 22(1) of the General Regulations (reductions in applicable amounts in certain cases of actual or notional unemployment benefit disqualification) —
a
in sub-paragraph (a)(ii), after the words “but less than 25” there shall be inserted the words “or a member of a couple or polygamous marriage where one member is aged not less than 18 but less than 25 and the other member, or in the case of a polygamous marriage each other member, is a person under 18 who is not eligible for income support under regulation 13A (persons under 18 years), or is not the subject of a direction under section 20(4A) (severe hardship direction)”;
b
in sub-paragraph (a)(iii), after the words “polygamous marriage” there shall be inserted the words “(other than a member of a couple or polygamous marriage to whom head (ii) of this sub-paragraph applies)”.
Amendment of regulation 29 of the General Regulations
10
In regulation 29 of the General Regulations (calculation of earnings derived from employed earner’s employment and income other than earnings), in paragraph (2)(b) —
a
after the words “the amount of that income” there shall be inserted the words “less any amount paid by way of tax on that income which is disregarded under paragraph 1 of Schedule 9 (income other than earnings to be disregarded)”;
b
for the words “or, as the case may be, 9 (earnings and other income to be disregarded)” there shall be substituted the words “(earnings to be disregarded) or, as the case maybe, any paragraph of Schedule 9 other than paragraph 1 of that Schedule,”.
Amendment of regulation 42 of the General Regulations
11
In regulation 42(4)(a)(ii) of the General Regulations (notional income), after the words “housing benefit is payable,” there shall be inserted the words “community charge, water charges in England and Wales,”.
Amendment of regulation 51 of the General Regulations
12
In regulation 51 of the General Regulations (notional capital), in paragraph (3)(a)(ii) after the words “housing benefit is payable,” there shall be inserted the words “community charge, water charges in England and Wales,”.
Amendment of regulation 61 of the General Regulations
13
In regulation 61 of the General Regulations (interpretation), in the definition of “a course of advanced education”, in paragraph (b), after the words “Technician Education Council or” there shall be inserted the words “a national certificate of”.
Amendment of regulation 65 of the General Regulations
14
In regulation 65 of the General Regulations (disregard of certain students' income other than covenant and grant income) —
a
for the words from “shall only” to the words “extent that,” there shall be substituted the words “to which sub-paragraph (1) of that paragraph applies shall be disregarded only to the extent that”;
b
for the amount “£5” there shall be substituted the amount “£10”.
Amendment of Schedule 1 to the General Regulations
15
In Schedule 1 to the General Regulations (person not required to be available for employment), at the end there shall be added the following paragraph —
Persons taking a child or young person abroad for treatment
23
A person who is temporarily absent from Great Britain in the circumstances specified in regulation 4(3) (temporary absence abroad for the treatment of the child or young person).
.
Amendment of Schedule 1A to the General Regulations
16
In Schedule 1A to the General Regulations (circumstances in which a person aged 16 or 17 is eligible for income support), at the end of paragraph 1 there shall be added —
paragraph 23 (persons taking a child or young person abroad for treatment).
.
Amendment of Schedule 2 to the General Regulations
17
In Schedule 2 to the General Regulations (applicable amounts) in Part III, after paragraph 14A , there shall be inserted the following paragraph —
Person in receipt of benefit
14B
For the purposes of this Part of this Schedule, a person shall be regarded as being in receipt of any benefit if, and only if, it is paid in respect of him and shall be so regarded only for any period in respect of which that benefit is paid.
.
Amendment of Schedule 3 to the General Regulations
18
In Schedule 3 to the General Regulations (housing costs) —
a
in paragraph 6 (apportionment of housing costs) for sub-paragraph (1) there shall be substituted the following sub-paragraph —
1
Where —
a
before 1st April 1990 for the purposes of section 48(5) of the General Rate Act 1967 (reduction of rates on dwellings), it appeared to a rating authority or it was determined in pursuance of sub-section (6) of that section 48 that the hereditament including the dwelling occupied as the home was a mixed hereditament and that only a proportion of the rateable value of the hereditament was attributable to use for the purpose of a private dwelling; or
b
in Scotland, before 1st April 1989 an assessor acting pursuant to section 45(1) of the Water (Scotland) Act 1980 (provision as to valuation roll) has apportioned the net annual value of the premises including the dwelling occupied as the home between the part occupied as a dwelling and the remainder,
the amounts applicable under this Schedule shall be such proportion of the amounts applicable in respect of the hereditament or premises as a whole as is equal to the proportion of the rateable value of the hereditament attributable to the part of the hereditament used for the purposes of a private tenancy or, in Scotland, the proportion of the net annual value of the premises apportioned to the part occupied as a dwelling house.
;
b
in paragraph 8 (interest on loans for repairs and improvements to the dwelling occupied as the home) —
i
in sub-paragraph (1) the words “Subject to sub-paragraph (2),” shall be omitted;
ii
sub-paragraphs (2) and (4) shall be omitted;
c
in paragraph 9 (housing costs other than interest on loans) —
for sub-paragraphs (5) and (6) there shall be substituted the following sub-paragraph —
5
Where in England and Wales an amount calculated on a weekly basis in respect of housing costs specified in paragraph 1(e) (Crown tenants) includes water charges, that amount shall be reduced —
a
where the amount payable in respect of water charges is known, by that amount;
b
in any other case, by the amount which would be the likely weekly charge had the property not been occupied by a Crown tenant.
;
in paragraph 10(1)(a) (restriction on meeting housing costs) —
in head (iii) the word “or” where it occurs in the second place shall be deleted;
the following heads shall be added at the end —
v
under an assured tenancy for the purposes of section 1 of the Housing Act 1988 or section 12 of the Housing (Scotland) Act 1988 ; or
vi
under an assured agricultural occupancy for the purposes of section 24 of the Housing Act 1988;
;
in paragraph 11 (non-dependant deductions) —
the following sub-paragraph shall be substituted for sub-paragraph (1) —
1
Subject to the following provisions of this paragraph, the following deductions from the amount to be met under the preceding paragraphs of this Schedule in respect of housing costs shall be made in respect of a non-dependant —
a
in respect of a non-dependant aged 18 or over who is in remunerative work, £10.85;
b
in respect of a non-dependant aged 18 or over to whom head (a) does not apply, £4.55.
;
in sub-paragraph (2) the words “appropriate in his case” shall be omitted;
in sub-paragraph (6)(b) after the words “attendance allowance” there shall be added the words “in respect of himself”;
in sub-paragraph (7)(c) and (d) the words “and is not a person who lives in board and lodging accommodation” shall be omitted in both places where they occur.
Amendment of Schedule 3A to the General Regulations
19
In Schedule 3A to the General Regulations (protected sum) , in paragraph 5 —
a
in sub-paragraph (1) for the reference “and (3)” there shall be substituted the reference “, (3) and (4)”;
b
after sub-paragraph (3) there shall be added the following paragraph —
4
Where a claimant’s applicable amount increases because a child or young person mentioned in paragraph (5)(c) of regulation 16 (circumstances in which a person is treated or not treated as a member of the household) is treated as a member of the claimant’s household under paragraph (6) of that regulation, the claimant’s protected sum shall not be reduced by the amount of that increase unless the child or young person has been treated as a member of the household for a continuous period which exceeds 8 weeks.
.
Amendment of Schedule 3B to the General Regulations
20
In Schedule 3B to the General Regulations (protected sum) —
a
in paragraph 2 —
i
at the beginning of sub-paragraph (4)(a)(ii) there shall be added the words “subject to sub-paragraph (7)”;
ii
after sub-paragraph (6) there shall be added the following sub-paragraph —
7
In the case of a member of a family who in the first week is a child aged less than 11, the amount of any increase for meals under sub-paragraph (4)(a)(ii) shall be either —
a
the amount of any such increase in the first week determined, or which, but for any temporary absence, would have been determined, in accordance with paragraph 2 of Schedule 5 as then in force; or
b
£17.65,
whichever is the lower.
;
b
in paragraph 4 —
i
in sub-paragraph (1) for the reference “sub-paragraph (2)” there shall be substituted the reference “sub-paragraphs (2) and (3)”;
ii
after sub-paragraph (2) there shall be added the following sub-paragraph —
3
where a claimant’s applicable amount increases because a child or young person mentioned in paragraph (5)(c) of regulation 16 (circumstances in which a person is treated or not treated as a member of the household) is treated as a member of the claimant’s household under paragraph (6) of that regulation, the claimant’s protected sum shall not be reduced by the amount of that increase unless the child or young person has been treated as a member of the household for a continuous period which exceeds 8 weeks.
;
c
in paragraph 6 —
i
in sub-paragraph (2) the following sub-paragraph shall be inserted after sub-paragraph (a) —
aa
where the first benefit week in which his applicable amount ceases to be determined under paragraph 1 of Schedule 7 is the relevant benefit week, the amount determined under paragraph 2(4) or, as the case may be, paragraph 2(6), less any reduction under paragraph 4(1) other than a reduction which arises by virtue of his ceasing to be a patient within the meaning of regulation 21(3); or
;
ii
in sub-paragraph (3)(b) the following heads shall be substituted for head (ii) —
ii
where the first benefit week in which he becomes so re-entitled is the relevant benefit week, the amount determined under paragraph 2(4) or, as the case may be, paragraph 2(6), less any reduction under paragraph 4(1) in that benefit week.; or
iii
where the first benefit week in which he becomes so re-entitled is a week subsequent to the relevant benefit week, the amount which would have been determined under paragraph 2(4) or, as the case may be, paragraph 2(6) had he been entitled in the relevant benefit week, less any reduction under paragraph 4(1) in the benefit week in which he becomes re-entitled; or
iv
the amount of the protected sum to which he was previously entitled,
.
Amendment of Schedule 7 to the General Regulations
21
In Schedule 7 to the General Regulations (applicable amounts in special cases)
a
in paragraph 1, column (1), after the reference “paragraphs 2”, there shall be inserted the reference “2A,”;
b
after paragraph 2 there shall be inserted the following paragraph —
2A. A single claimant who is detained under the provisions of the Mental Health Act 1983 or the Mental Health (Scotland) Act 1984 and who immediately before his detention under either of those Acts was a prisoner. 2A. £9.40
;
c
in paragraph 10A, in column (2), for the reference “or (f)” there shall be substituted the reference “(f) or (g)”;
d
in paragraph 10B(3), in column (2), for the reference “17(1)(e) or 18(f)” there shall be substituted the reference “17(1)(e), (f) or (g) or 18(1)(f), (g) or (h)”;
e
in paragraph 10C, in column (2), for the words from “personal expenses plus” to the end there shall be substituted the following words —
personal expenses, plus —
in respect of each child or young person who is a member of his family, the amount in respect of him prescribed in paragraph 2(a), (b), (c) or (d), of Schedule 2 or under this Schedule as appropriate; and
any amount which would be applicable to the claimant if he were not temporarily living away from the dwelling occupied as his home, under regulation 17(1)(c), (e), (f) or (g), or (d) in so far as that amount relates to the lone parent premium under paragraph 8 of Schedule 2.
;
f
in paragraph 10D, in column (2), for the reference “paragraph 1(1)(a) and (c)” there shall be substituted the reference “paragraph 1(1)(a), (b) and (c)”;
g
in paragraph 11, in column (1), at the beginning there shall be inserted the words “Subject to paragraph 11A,”;
h
after paragraph 11 there shall be inserted the following paragraph —
Couple or member of couple taking child or young person abroad for treatment
11A
A claimant who is a member of a couple where either —
a
he or his partner is, or,
b
both he and his partner are
absent from the United Kingdom in circumstances specified in regulation 4(3)(a)to(d).
11A
For the first 8 weeks of that absence, the amount applicable to the claimant under regulation 17(1), 19 or 21, as the case may be, and, thereafter, if the claimant is in Great Britain the amount applicable to him under regulation 17(1), 19 or 21, as the case may be, as if the claimant were a single claimant, or, as the case may be, a lone parent.
;
i
for paragraph 12, there shall be substituted the following paragraph —
Polygamous marriages where any member is abroad
12
Subject to paragraph 12A, a claimant who is a member of a polygamous marriage where —
a
he or one of his partners is, or
b
he and one or more of his partners, are or
c
two or more of his partners are,
temporarily absent from the United Kingdom;
12
For the first four weeks of that absence, the amount applicable to the claimant under regulations 18 to 21, as the case may be, and thereafter, if the claimant is in Great Britain the amount applicable to him under regulations 18 to 21, as the case may be, as if any member of the polygamous marriage not in the United Kingdom were not a member of the marriage.
;
j
after paragraph 12 there shall be inserted the following paragraph —
Polygamous marriage: taking child or young person abroad for treatment
12A
A claimant who is a member of a polygamous marriage where —
a
he or one of his partners is,
b
he and one or more of his partners, are or
c
two or more of his partners are,
absent from the United Kingdom in circumstances specified in regulation 4(3)(a) to (d).
12A
For the first 8 weeks of that absence, the amount applicable to the claimant under regulations 18 to 21, as the case may be, and thereafter, if the claimant is in Great Britain the amount applicable to him under regulations 18 to 21, as the case may be, as if any member of the polygamous marriage not in the United Kingdom were not a member of the marriage.
;
k
in paragraph 1 —
i
in sub-paragraph (1), in column (2), for the reference “17(1)(f) or 18(1)(g)” there shall be substituted the reference “17(1)(f) or (g) or 18(1)(g)or(h)”;
ii
in sub-paragraph (2), in column (2), for the reference “£8.70” there shall be substituted the words “Any amount applicable under regulation 17(1)(f) or (g), plus £9.40.”.
Amendment of Schedule 9 to the General Regulations
22
In Schedule 9 to the General Regulations (sums to be disregarded in the calculation of income other than earnings) —
a
for paragraph 15 there shall be substituted the following paragraph —
15
1
Except where sub-paragraph (2) applies and subject to sub-paragraph (3) and paragraphs 36, 37 and 39, £10 of any charitable payment or of any voluntary payment made or due to be made at regular intervals.
2
Subject to sub-paragraph (3) and paragraph 39, any charitable payment or voluntary payment made or due to be made at regular intervals which is intended and used for an item other than food, ordinary clothing or footwear, household fuel, rent or rates for which housing benefit is payable, community charge, water charges in England and Wales, or any housing costs to the extent that they are met under regulation 17(1)(e) or 18(1)(f) (housing costs) or any accommodation charges to the extent that they are met under regulation 19 (persons in residential care or nursing homes), of a single claimant or, as the case may be, of the claimant or any other member of his family.
3
Sub-paragraphs (1) and (2) shall not apply —
a
to a payment which is made by a person for the maintenance of any member of his family or of his former partner or of his children;
b
in the case of a person to whom section 23 of the Act (trade disputes) applies or in respect of whom section 20(3) of the Act (conditions of entitlement to income support) has effect as modified by section 23A(b) of the Act (effect of return to work).
4
For the purposes of sub-paragraph (1) where a number of charitable or voluntary payments fall to be taken into account in any one week they shall be treated as though they were one such payment.
5
For the purposes of sub-paragraph (2) the expression “ordinary clothing or footwear” means clothing or footwear for normal daily use, but does not include school uniforms, or clothing or footwear used solely for sporting activities.
.
b
in paragraph 16, for the amount “£5” there shall be substituted the amount “£10”;
c
for paragraph 20 there shall be substituted the following paragraph —
20
Where the claimant occupies a dwelling as his home and he provides in that dwelling board and lodging accommodation —
a
£20.00 of any payment for that accommodation made by the person to whom it is provided; and
b
where any such payment exceeds £20.00, 50% of the excess.
;
d
in paragraph 36 —
i
for the reference “paragraphs 15” there shall be substituted the reference “paragraphs 15(1)”; and
ii
for the amount “£5” there shall be substituted the amount “£10”;
e
after paragraph 44 there shall be added the following paragraphs —
45
Any community charge benefit.
46
Any payment in consequence of a reduction of a personal community charge pursuant to regulations under section 13A of the Local Government Finance Act 1988 or section 9A of the Abolition of Domestic Rates Etc (Scotland) Act 1987 (reduction of liability for personal community charges).
47
Any special war widows payment made under —
a
the Naval and Marine Pay and Pensions (Special War Widows Payment) Order 1990 made under section 3 of the Naval and Marine Pay and Pensions Act 1865 ;
b
the Royal Warrant dated 19th February 1990 amending the Schedule to the Army Pensions Warrant 1977 ;
c
the Queen’s Order dated 26th February 1990 made under section 2 of the Air Force (Constitution) Act 1917 ;
d
the Home Guard War Widows Special Payments Regulations 1990 made under section 151 of the Reserve Forces Act 1980 ;
e
the Orders dated 19th February 1990 amending Orders made on 12th December 1980 concerning the Ulster Defence Regiment made in each case under section 140 of the Reserve Forces Act 1980 ;
and any analogous payment made by the Secretary of State for Defence to any person who is not a person entitled under the provisions mentioned in sub- paragraphs (a) to (e) of this paragraph.
.
Amendment of Schedule 10 to the General Regulations
23
In Schedule 10 to the General Regulations (capital to be disregarded) —
a
after paragraph 35 there shall be added the following paragraph —
36
Any payment in consequence of a reduction of a personal community charge pursuant to regulations under section 13A of the Local Government Finance Act 1988 or section 9A of the Abolition of Domestic Rates Etc (Scotland) Act 1987 (reduction of liability for personal community charge) but only for a period of 52 weeks from the date of the receipt of the payment.
;
b
after paragraph 36 there shall be added the following paragraph —
37
Any grant made to the claimant in accordance with a scheme made under section 129 of the Housing Act 1988 or section 66 of the Housing (Scotland) Act 1988 (schemes for payments to assist local housing authority and local authority tenants to obtain other accommodation) which is to be used —
a
to purchase premises intended for occupation as his home; or
b
to carry out repairs or alterations which are required to render premises fit for occupation as his home
for a period of 26 weeks from the date on which he received such a grant or such longer period as is reasonable in the circumstances to enable the purchase, repairs or alterations to be completed and the claimant to commence occupation of those premises as his home.
.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
8th March 1990


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Electricity Act 1989 (Scottish Nuclear Limited) Extinguishment of Loans Order 1990 and shall come into force on 31st March 1990 immediately after the vesting of property, rights and liabilities in successor companies effected by virtue of section 67(4) of the Electricity Act 1989.
2
Any liability of Scottish Nuclear Limited, being a successor company in Scotland wholly owned by the Crown, in respect of the principal of the relevant loans specified in the Schedule to this Order, being loans made from the National Loans Fund the liability to repay which vests in that company by virtue of section 67(4) of the Electricity Act 1989, is hereby extinguished.
Malcolm Rifkind
One of Her Majesty’s Principal Secretaries of State
St Andrew’s House,
Edinburgh
1st March 1990


text:
Citation and Commencement
1
This Order may be cited as the Building Societies (Investigation of Complaints) Order 1990 and shall come into force on 1st January 1991.
Interpretation
2
In this Order, except where the context otherwise requires
“ the Act ” means the Building Societies Act 1986;
“Part II” means Part II of Schedule 12 to the Act;
“Scheme” means a scheme for the purposes of section 83 of the Act (Schemes for investigation of complaints).
Amendment of requirement for recognised schemes
3
The Schedule to this Order shall have effect for the purpose of varying the provisions of Part II (Requirements for Recognised Schemes: Matters of Complaint).
In witness whereof the common seal of the Building Societies Commission is hereunto fixed, and is authenticated by me, a person authorised under paragraph 14 of Schedule 1 to the Building Societies Act 1986 on 26th October 1990.
Norman Digance
Secretary to the Commission
We consent to this Order.
Thomas Sackville
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
31st October 1990


text:
1
These Regulations may be cited as the Motor Vehicles (Type Approval) (Great Britain) (Amendment) (No. 2) Regulations 1990 and shall come into force on 1st October 1990.
2
1
In the Motor Vehicles (Type Approval) (Great Britain) Regulations 1984 , the Table in Part II of Schedule 1B shall be amended as follows.
2
In the entry relating to item 4C in Schedule 1, for paragraph 1 in column (2) and the entries relating to that paragraph in columns (3) and (4) there shall be substituted —
1
Vehicles propelled by spark ignition engines, constructed or adapted to carry not more than 5 passengers excluding the driver or with a maximum gross weight of not more than 2500 kg , not being an off-road vehicle in either case and which have an engine capacity of:
a
less than 1400 cc
see Schedule 1 item 4C — —
b
not less than 1400 cc and not more than 2000 cc
see Schedule 1 item 4C 30.9.91 30.9.93
c
more than 2000 cc
see Schedule 1 item 4C 30.9.91 30.9.92.
Signed by authority of the Secretary of State for Transport
Patrick McLoughlin
Parliamentary Under Secretary of State,
Department of Transport
6th September 1990


text:
1
The new highway which the Secretary of State proposes to construct along the route described in Schedule 1 to this Order shall become a trunk road as from the date when this Order comes into force.
2
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk road that —
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purposes of through traffic.
4
The lengths of trunk road described in Schedule 2 to this Order and shown by broad striped hatching on the deposited plan shall cease to be trunk road and shall be classified as indicated in that Schedule as from the date on which the Secretary of State notifies the County Council of Lincolnshire that the new trunk road is open for through traffic.
5
In this Order —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the new trunk road”
means the highway mentioned in article 2 of this Order;
ii
“the deposited plan”
means the plan folio numbered HA10/EM66 marked “The A16 Trunk Road (Ludborough Bypass) Order 1990” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
iii
“the Trunk Road”
means the A16 Trunk Road;
iv
“classified road”
as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
v
“principal road”
as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State.
6
This Order shall come into force on 14th December 1990 and may be cited as the A16 Trunk Road (Ludborough Bypass) Order 1990.
Signed by authority of the Secretary of State for Transport
D. J. Morrison
Regional Director East Midlands Region
Department of Transport
26th November 1990


text:
1
This Order may be cited as the Capital Gains Tax (Annual Exempt Amount) Order 1990.
2
The amount specified, which by virtue of section 5 of the Capital Gains Tax Act 1979 is, unless Parliament otherwise determines, the exempt amount for the year 1990-91, is £5,400.
Stephen Dorrell
Thomas Sackville
Two of the Lords Commissioners of Her Majesty’s Treasury
20th March 1990


text:
Citation and commencement
1
This Order may be cited as the Local Government Reorganisation (Capital Money) (West Yorkshire) (Amendment) Order 1990 and shall come into force on 30th March 1990.
Amendment of the capital money order
2
The Local Government Reorganisation (Capital Money) (Metropolitan Counties) Order 1986 shall have effect in respect of the financial year ending 31st March 1990 with the addition —
a
at the end of article 4(1) (additions to net capital receipts) of the words “and (c) the sum of £9 million.”; and
b
in article 5(1), at the end of the definition of “distributable capital money”, of the words “and (e) the sum of £9 million.”.
Signed by authority of The Secretary of State for the Environment
David Heathcoat-Amory
Parliamentary Under Secretary of State,
Department of the Environment
7th March 1990


text:
1
This Order may be cited as the Prevention of Terrorism (Temporary Provisions) Act 1984 (Isle of Man) (Revocation) Order 1990 and shall come into force on 1st December 1990.
2
The Prevention of Terrorism (Temporary Provisions) Act 1984 (Isle of Man) Order 1984 is hereby revoked.
G. I. de Deney
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the National Health Service (General Dental Services) Amendment Regulations 1990 and shall come into force on 1st January 1991.
Amendment of the National Health Service (General Dental Services) Regulations 1973
2
1
The National Health Service (General Dental Services) Regulations 1973 shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 26D (amount and time of payments in consequence of suspension):–
a
in paragraph (1)(a)(i) for “£2,243” there is substituted “£2,478”;
b
in paragraph (1)(a)(ii) for “£1,121” there is substituted “£1,239”;
c
in paragraph (1)(b)(i) for “£1,121” there is substituted “£1,239”;
d
in paragraph (1)(b)(ii) for “£2,243” there is substituted “£2,478”; and
e
in paragraph (2) for “£117,689” in both places where it occurs there is substituted “£126,755”.
3
In paragraph 16(2) of Schedule 1 (terms of service for dentists) for head (j) there is substituted the following head:–
j
palliative treatment that is immediately necessary (including the treatment of sensitive cementum or dentine, the stoning and smoothing of the surface of a tooth, or the provision of a temporary crown);
.
Signed by authority of the Secretary of State for Health.
Stephen Dorrell
Parliamentary Under-Secretary of State,
Department of Health
10th December 1990


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (General Dental Services) (Miscellaneous Amendments) Regulations 1990 and shall come into force —
a
except for the purposes of regulation 4(2), on 1st October 1990; and
b
for the purposes of regulation 4(2), on 1st April 1991.
2
In these Regulations, the “principal Regulations” means the National Health Service (General Dental Services) Regulations 1973 .
Amendment of regulation 2 of the principal Regulations
2
1
In regulation 2(1) of the principal Regulations (interpretation) —
a
for the definition of “capitation arrangements” there is substituted the following definition: —
“capitation arrangement” means an arrangement between the dentist and the patient whereby the dentist provides care and treatment in accordance with paragraph 5 of Schedule 1;
b
the definitions of “dental estimate form”, “dental fitness”, “dental health” and “emergency treatment” are omitted;
c
for the definition of “estimate” there is substituted the following definition: —
“estimate” means a form supplied by the Family Authority, or a form to like effect, completed by the dentist and submitted to the Board in accordance with paragraph 24 of Schedule 1 for the purpose of obtaining prior approval under that paragraph;
d
in the definition of “occasional treatment” there are substituted for the words “Schedule 1 Part I paragraph 10” the words “paragraph 16 of Schedule 1”;
e
the definition of “preventive treatment” is omitted;
f
for the definition of “salaried dentist” there is substituted the following definition: —
“salaried dentist” means a dentist employed by a Family Authority who undertakes to provide general dental services at a health centre;
g
for the definition of “treatment” there is substituted the following definition: —
“treatment” means all proper and necessary dental treatment which a dentist usually undertakes for a patient and which the patient is willing to undergo, including examination, diagnosis, preventive treatment, periodontal treatment, conservative treatment, surgical treatment, the supply and repair of dental appliances, orthodontic treatment and the taking of radiographs and the administration of general anaesthesia and sedation in connection with such treatment and the supply of drugs and the issue of prescriptions in accordance with paragraphs 20 and 21 of Schedule 1;
h
the following definitions are inserted in the appropriate places in the alphabetical order: —
i
“care and treatment” means —
all proper and necessary care which a dentist usually undertakes for a patient and which the patient is willing to undergo, including advice, planning of treatment, preventive care, and
treatment;
;
ii
“continuing care arrangement” means an arrangement between the dentist and the patient whereby the dentist provides care and treatment in accordance with paragraph 4 of Schedule 1;
;
iii
“dental surgery” means any part of the practice premises, where care and treatment is provided;
;
iv
“an emergency” means the circumstances set out in paragraph 6(2) of Schedule 1 in which a patient requires prompt care and treatment;
;
v
“Family Authority” means Family Health Services Authority ;
;
vi
“mobile surgery” means any vehicle in which care and treatment is provided;
;
vii
“NHS charge” means the charge, authorised under the National Health Service (Dental Charges) Regulations 1989 , to the patient within the meaning of those Regulations;
viii
“oral health” means such a standard of health of the teeth, their supporting structures and other tissues of the mouth, and of dental efficiency, as in the case of any patient is reasonable having regard to the need to safeguard his general health;
ix
“patient record” means the form supplied by the Family Authority for the purpose of maintaining a record of treatment or a form to like effect;
x
“practice premises” means, in relation to any dentist, any premises at which he provides general dental services, or any mobile surgery of his;
xi
“prior approval treatment” means any item of treatment referred to in Part I of Schedule 1C or any care and treatment specified in paragraph 1 or 2 in Part II of that Schedule;
xii
“private”, in the context of care and treatment, means otherwise than under general dental services or Part I of the National Health Service Act 1977 and “privately” shall be construed accordingly;
;
xiii
“trauma” means damage to teeth, gingival tissues, or alveoli caused by a force arising outside the mouth resulting in mobility, luxation, subluxation or fracture of the hard tissues or injury to the soft tissues;
xiv
“treatment on referral” means any care and treatment provided by a dentist under paragraph 13 of Schedule 1;
.
2
In regulation 2(4) of the principal Regulations (interpretation) there are inserted after the word “regulation” where it last appears the words “and any reference in a regulation to a numbered Schedule is a reference to the Schedule bearing that number in these Regulations”.
Amendment of regulation 3 of the principal Regulations
3
In regulation 3 of the principal Regulations (terms of service) for sub-paragraphs (a) and (b) there are substituted: —
a
in the case of a dentist undertaking to provide general dental services otherwise than as a salaried dentist, the terms of service contained in Parts I, II, III, IV and V of Schedule 1; and
b
in the case of a dentist undertaking to provide general dental services as a salaried dentist, the terms of service contained in Parts I, II, III, IV and VI of Schedule 1;
.
Amendment of regulation 4 of the principal Regulations
4
1
Regulation 4 of the principal Regulations (dental list) is amended in accordance with the following paragraphs of this regulation.
2
There are substituted for paragraph (1) the following paragraphs: —
1
The Family Authority shall prepare a list, to be called the dental list, of dentists who, pursuant to the provisions of paragraph (2), have undertaken to provide general dental services in its locality and who are not disqualified for inclusion by virtue of the provisions of —
a
section 36(2) or 47(1) of the National Health Service Act 1977 ; or
b
section 8(2) of the Health and Medicines Act 1988 .
1A
The dental list shall, in addition to the name of a dentist, —
a
contain —
i
the addresses of all the practice premises and, where he provides general dental services at a mobile surgery only, the address at which correspondence in connection with such provision may be sent to him;
ii
particulars of the days and hours when he is or will be usually in attendance at the practice premises for the provision of general dental services and, in the case of any mobile surgery, particulars of the places regularly visited by him and the times of those visits;
iii
the name of any other dentist in association with whom he provides general dental services at the practice premises;
iv
the date of his registration as a dental practitioner in the register kept under section 14 of the Dentists Act 1984 , particulars of the dental qualification held by the dentist which entitled him to be so registered, including the date on which the qualification was awarded, and particulars of any other dental qualification held by him which is registerable pursuant to section 19(1)(c) of the Dentists Act 1984 ; and
b
indicate —
i
whether the dentist provides only orthodontic treatment; and
ii
whether there is access to the dental surgery without the use of stairs.
1B
The dental list may, provided that the dentist consents to its inclusion, also give particulars of any languages, other than English, spoken by the dentist.
1C
The dental list may, if the Family Authority thinks fit, be so arranged as to show the part of the locality in which each dentist has undertaken to provide general dental services.
.
3
There are substituted for paragraph (2) the following paragraphs: —
2
A dentist who wishes to have his name included in the dental list shall make an application to the Family Authority in writing which —
a
shall include the information and undertaking specified in Part I of Schedule 1A; and
b
may include the information specified in Part II of that Schedule.
2A
A dentist whose name is included in the dental list of any Family Authority, who is requested in writing by the Family Authority to supply any information mentioned in paragraph (2B), shall supply that information to the Family Authority within 28 days of the date of the Family Authority’s request.
2B
The information mentioned in paragraph (2A) is —
a
if the dentist provides general dental services at a mobile surgery, particulars of the places regularly visited by him and the times of those visits;
b
if he provides general dental services at a mobile surgery only, the address at which correspondence in connection with such provision may be sent to him;
c
the name of any other dentist in association with whom the dentist provides general dental services at the practice premises;
d
the date of the dentist’s registration as a dental practitioner in the register kept under section 14 of the Dentists Act 1984 , particulars of the dental qualification held by the dentist which entitled him to be so registered, including the date on which the qualification was awarded, and particulars of any other dental qualification held by him which is registerable pursuant to section 19(1)(c) of the Dentists Act 1984 ;
e
whether he provides only orthodontic treatment;
f
whether there is access to the dental surgery without the use of stairs; and
g
where the dentist consents to the inclusion of such information in the dental list, particulars of any languages, other than English, spoken by him.
.
4
There are inserted after paragraph (4) the following paragraphs: —
5
The Family Authority may prepare, and thereafter maintain, in addition to a dental list, any other list which may contain, in respect of each dentist whose name is included in its dental list —
a
any information included in the dental list in respect of the dentist; and
b
any other information related to the provision of general dental services which the Family Authority has agreed with the Local Dental Committee to be appropriate.
6
Where the Family Authority has agreed with the Local Dental Committee that certain information is appropriate for inclusion in the list referred to in paragraph (5), it may request in writing any dentist whose name is included in its dental list to furnish the Family Authority with such information as it relates to him, and the dentist shall furnish that information to the Family Authority within 28 days of the date of the Family Authority’s request.
.
Substitution of regulation 8 of the principal Regulations
5
For regulation 8 of the principal Regulations (arrangements to complete treatment) there is substituted the following regulation: —
Arrangements to complete care and treatment
8
1
Subject to sub-paragraph (2), where a dentist who is providing care and treatment for patients under continuing care arrangements or capitation arrangements ceases to have his name included in the dental list, the Family Authority may, after consultation with the Local Dental Committee and with the agreement of the patients concerned, make arrangements with one or more dentists (whose names are included in the dental list) for the continuing care arrangements or capitation arrangements to be transferred to that or those dentists.
2
Where a dentist has died and his name remains on the dental list in accordance with the proviso to regulation 6(1), the Family Authority shall, subject to the agreement of the patients concerned, make arrangements with the dentist appointed by the personal representatives of the deceased dentist for the care and treatment under any continuing care arrangements or capitation arrangements entered into by the deceased dentist to be provided by that dentist.
.
Amendment of regulation 11 of the principal Regulations
6
In regulation 11 of the principal Regulations (functions) there are substituted for the words from “dental estimate forms” to the words “or for approval for payment” the words “claims for remuneration submitted for approval for payment and all estimates whether or not sent in by computer”.
Insertion of regulation 11A into the principal Regulations
7
After regulation 11 of the principal Regulations (functions) there is inserted the following regulation: —
Prior approval — patterns of treatment
11A
1
Where it appears to the Board that a dentist’s pattern of treatment in respect of all or any particular description of treatment, provided as part of general dental services in the locality of any Family Authority, differs so substantially from the local or national pattern of treatment of other dentists as to warrant, in the opinion of the Board, further investigation, the Board may write to the dentist —
a
giving details of his pattern of treatment in respect of all or any particular description of treatment and stating the extent to which it differs from the local or national pattern of treatment of other dentists;
b
inviting him to submit to the Board in writing the reasons why his pattern of treatment differs to the extent identified by the Board under sub-paragraph (a) of this paragraph, from that local or national pattern; and
c
giving notice to him that if —
i
he fails to reply within 28 days; or
ii
his reply discloses no reasonable grounds, in the opinion of the Board, for his pattern of treatment to differ, to the extent identified by the Board under sub-paragraph (a) of this paragraph, from that local or national pattern of treatment;
the Board may give a direction as mentioned in paragraph (2).
2
Where the dentist fails —
a
to reply within 28 days; or
b
to disclose the reasonable grounds as mentioned in paragraph (1)(c)(ii);
the Board may direct the dentist that he may not, for a period of not less than 3 months nor more than 9 months specified in the direction, carry out treatment, or a description of treatment specified in the direction, without first obtaining approval of an estimate from the Board, but nothing in any such direction shall prevent the dentist, without such approval, from giving treatment following trauma or in an emergency, any private treatment or, in the course of any single consultation, treatment of a patient consisting of one examination and the taking of no more than two radiographs, each of a size not exceeding 16 centimetres square.
3
Where the Board gives a direction under paragraph (2), the direction shall inform the dentist of his right of appeal under regulation 21 of the National Health Service (Service Committees and Tribunal) Regulations 1974 and shall have no effect until the expiry of the period allowed by that regulation for the bringing of an appeal and, if such an appeal is brought, until the determination of the appeal.
4
The Board shall not give a direction to a dentist under paragraph (2) in consequence of having written to him under paragraph (1) more that 12 months previously.
5
Where the Board gives a direction to a dentist under paragraph (2) and —
a
the dentist does not appeal;
b
he does appeal and his appeal is unsuccessful; or
c
he appeals successfully;
the Board shall not give a further direction under paragraph (2) in relation to that dentist in respect of any treatment specified in the earlier direction for a period of 9 months beginning with the expiry of the period specified in the earlier direction or, as the case may be, the date on which the appeal is allowed.
6
Paragraphs (1) and (2) shall not apply to any treatment for which a dentist is remunerated in accordance with Section X (treatment under capitation) of Determination I of the Statement of Dental Remuneration dated 8th August 1990 and for which he receives no remuneration other than a capitation payment.
7
In this regulation —
a
“pattern of treatment” means —
i
the number of instances in which an item or items of treatment are provided by or on behalf of a dentist, or
ii
the ratio which the number of instances relating to one such item bears to the number of instances relating to another such item;
b
“local”, in relation to pattern of treatment, means throughout the locality of a Family Authority; and
c
“national”, in relation to pattern of treatment, means throughout England and Wales.
.
Amendment of regulation 14 of the principal Regulations
8
In regulation 14 of the principal Regulations (standing orders) in paragraph (f) there is inserted after the word “estimate” in both places where it occurs the words “, claim for remuneration”.
Substitution of regulation 16 of the principal Regulations
9
For regulation 16 of the principal Regulations (application for services) there is substituted the following regulation: —
Application for services
16
1
A person aged 18 or over may apply to any dentist whose name appears in any dental list for general dental services by way of —
a
care and treatment under a continuing care arrangement; or
b
occasional treatment.
2
Subject to paragraph (3), a person under the age of 18 may apply to any dentist whose name appears in any dental list for general dental services by way of —
a
care and treatment under a capitation arrangement; or
b
occasional treatment.
3
A dentist may not enter into a capitation arrangement with a person during the month before he attains the age of 18.
4
A person under the age of 18 may apply to a dentist for general dental services by way of care and treatment under a continuing care arrangement at any time during the month before he attains the age of 18 provided that he is not immediately before that date receiving care and treatment under a capitation arrangement with that dentist.
5
A person who is receiving care and treatment under a capitation arrangement with a dentist may at any time after he attains the age of 17 apply for general dental services by way of care and treatment under a continuing care arrangement with that dentist from the date that he attains the age of 18.
6
Application under this regulation shall be made in person at the practice premises unless a person is unable to attend those premises owing to illness or any other reasonable cause.
.
Amendment of regulation 23 of the principal Regulations
10
In regulation 23(1) of the principal Regulations (Statement of Dental Remuneration) for all the words after “Statement of Dental Remuneration” there is substituted: —
Column 1 Column 2 Determination Subject matter of determination
I A Scale of Fees which shall prescribe the remuneration to be paid to a dentist, other than a salaried dentist, for care and treatment under a continuing care arrangement or a capitation arrangement, treatment on referral and occasional treatment and the conditions of payment of remuneration; II Rates of remuneration for a salaried dentist; III Seniority payments; IV Vocational training allowances; V Incentive scheme allowances; VI Maternity payments; VII Long term sickness payments; VIII Postgraduate education allowances.
.
Amendment of regulation 24 of the principal Regulations
11
In regulation 24 of the principal Regulations (approval of payments) —
a
there are substituted for paragraph (1) the following paragraphs: —
1
The Board shall, where it receives notification that —
a
a patient has been accepted by a dentist, other than a salaried dentist, under a continuing care arrangement or a capitation arrangement or for treatment on referral, authorise the payments which, in accordance with the Scale of Fees, fall to be made by the Family Authority to the dentist in respect of such an arrangement or referral; or
b
a continuing care arrangement or a capitation arrangement has terminated or treatment on referral has been completed, authorise the Family Authority to cease such payments to the dentist.
1A
The Board shall, where it approves a claim for remuneration made by a dentist, other than a salaried dentist, in respect of —
a
care and treatment under a continuing care arrangement or a capitation arrangement;
b
treatment on referral; or
c
occasional treatment;
completed by the dentist, authorise, in accordance with the Scale of Fees, the remuneration to be paid by the Family Authority to the dentist in respect of such care and treatment, treatment on referral, or occasional treatment.
1B
In any case falling within paragraph 14(1) or 16(4) of Schedule 1 (inability of dentist to complete treatment), the Board shall authorise in accordance with the Scale of Fees, and without prejudice to the provisions of the National Health Service (Dental Charges) Regulations 1989 , the remuneration to be paid by the Family Authority to a dentist, other than a salaried dentist, in respect of such care and treatment or occasional treatment provided by him.
1C
A Family Authority shall pay to a dentist, other than a salaried dentist, the remuneration —
a
authorised by the Board under paragraphs (1)(a), (1A) and (1B); and
b
in accordance with Determinations III, IV, V, VI, VII and VIII of the Statement of Dental Remuneration.
;
and
b
in paragraph (2) for “IV” there is substituted “II”.
Amendment of regulation 25 of the principal Regulations
12
In regulation 25 of the principal Regulations (drugs) there are substituted for the words “in pursuance of Schedule 1 Part 1 paragraph 12(1)” the words “under paragraph 20(1) of Schedule 1”.
Revocation of Part VIB of the principal Regulations
13
Part VIB of the principal Regulations (use of computers in general dental services) is hereby revoked.
Substitution of Schedule 1 to the principal Regulations
14
For Schedule 1 to the principal Regulations there are substituted the Schedules set out in the Schedule to these Regulations.
Amendment of the National Health Service (Dental Charges) Regulations 1989
15
1
The National Health Service (Dental Charges) Regulations 1989 shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 2(2) (interpretation) —
a
the definition of “dental estimate form” is omitted; and
b
the following definitions are inserted in the appropriate places in the alphabetical order: —
i
“capitation arrangement” has the same meaning as in the National Health Service (General Dental Services) Regulations 1973;
;
ii
“continuing care arrangement” has the same meaning as in the National Health Service (General Dental Services) Regulations 1973;
;
iii
“emergency” has the same meaning as in the National Health Service (General Dental Services) Regulations 1973;
;
iv
“estimate” has the same meaning as in the National Health Service (General Dental Services) Regulations 1973;
v
“treatment” has the same meaning as in the National Health Service (General Dental Services) Regulations 1973;
; and
vi
“treatment on referral” has the same meaning as in the National Health Service (General Dental Services) Regulations 1973;
.
3
In regulation 3 (charges for other general dental services) —
a
in paragraph (2)(c) and (d) there are substituted for the words “emergency treatment” wherever they occur the words “treatment in an emergency”;
b
in paragraph (2) after sub-paragraph (d) there is inserted the following paragraph: —
e
treatment provided pursuant to paragraph 7 or 13(2) (repair or replacement of restorations) of Schedule 1 (terms of service) to the National Health Service (General Dental Services) Regulations 1973.
.
4
In regulation 4 (calculation of charges) in paragraph (2)(b) there are inserted after the word “arrangement” where it last occurs the words “, but where a patient has been accepted by the dental practitioner under a continuing care arrangement or a capitation arrangement or for treatment on referral, does not include the payments which, in accordance with that Statement, fall to be made to the dentist in respect of such an arrangement or referral”.
5
In regulation 5 (conditions for exemption under the Act) in paragraph (2)(a) there are substituted for the words “dental estimate form” the words “claim for remuneration or estimate”.
6
In regulation 6 (making and recovery of charges) in paragraph (2)(b) there are substituted for the words “dental estimate form, and before that form” the words “claim for remuneration or estimate, and before that claim or estimate”.
7
In regulation 8 (charges for more expensive supplies and repairs) paragraphs (2), (3) and (4) shall be omitted.
8
In regulation 11 (reduction of remuneration and accounting for charges — general dental services) in paragraphs (2) and (3) for “IV” there is substituted “II”.
9
Schedule 3 (charges for more expensive supplies and repairs — general dental services) shall be omitted.
Amendment of the National Health Service (Service Committees and Tribunal) Regulations 1974
16
1
The National Health Service (Service Committees and Tribunal) Regulations 1974 shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 2(1) (interpretation) in the definition of “treatment” for the words “has the same meaning as in the General Dental Regulations” there shall be substituted the following words: —
means —
a
except in the context mentioned in sub-paragraph (b) of this definition —
i
where at the material time the dentist is providing occasional treatment under the General Dental Regulations, treatment within the meaning of those Regulations;
ii
in any other case, care and treatment within the meaning of those Regulations;
b
in the context of the description of treatment to be specified under regulation 10(5)(d) or 15(1), treatment within the meaning of the General Dental Regulations other than —
i
one examination in the course of any single consultation;
ii
treatment in an emergency within the meaning of those Regulations;
iii
two radiographs, each of a size not exceeding 16 centimetres square, in the course of any single consultation; and
iv
treatment for which a dentist is remunerated in accordance with Section X (treatment under capitation) of Determination I of the Statement of Dental Remuneration dated 8th August 1990 and for which he receives no remuneration other than a capitation payment;
.
3
In regulation 10 (decision of Committee), in paragraph (5)(d) for the words from “all or any” to the end of the sub-paragraph there shall be substituted the words “any description of treatment specified in the recommendation;”.
4
In regulation 13 (denture conciliation committees) in paragraph (4) for the words “the dental fitness” there shall be substituted the words “and maintain the oral health”.
5
In regulation 14 (procedure on withholding money) —
a
in paragraph (1) —
i
in sub-paragraph (c) for the words “paragraph 6 or paragraph 19” there shall be substituted “paragraph 23”;
ii
in sub-paragraph (d) for the words “paragraph 2(a) or paragraph 2(b)” there shall be substituted the words “paragraph 18(1)(a) or (d)”;
b
in paragraph (5) for the words from “failure to complete” to “skill” there shall be substituted the words “failure to exercise a proper degree of skill and attention”.
6
In regulation 15 (procedure in dental prior approval cases), for the words in paragraph (1) from “specific treatment” to “emergency treatment” there shall be substituted the words “specified description of treatment”.
7
In regulation 18 (investigation of record keeping) —
a
in paragraph (1) for the words “paragraph 6 or paragraph 19” there shall be substituted “paragraph 23”;
b
in paragraph (7)(b) for “paragraph 6” there shall be substituted “paragraph 23”.
8
In regulation 21 (appeals from Dental Practice Board) —
a
after paragraph (1) there shall be inserted the following paragraph: —
1A
Any dentist who is aggrieved by a decision of the Board under regulation 11A of the General Dental Regulations (prior approval — patterns of treatment) may, in accordance with paragraphs (2) and (3), appeal against the decision —
a
where the name of the dentist is included in the dental list of only one Family Health Services Authority, to that Authority;
b
where the name of the dentist is included in the dental list of more than one Family Health Services Authority, to any such Authority.
;
b
in paragraph (5) —
i
in sub-paragraph (a) for the words from “an estimate” to “relates” there shall be substituted the words “a claim for remuneration on the grounds that the services to which the claim relates”;
ii
in sub-paragraph (d) for the words from “appoint” to “the appeal” there shall be substituted the following words: —
appoint —
i
where the appeal is made under paragraph (1A) three dentists;
ii
in any other case, two dentists;
as referees to determine the appeal
.
9
Regulation 22 (investigation of excessive dental treatment) is hereby revoked.
10
In regulation 53 (power to extend time limits) the figure “, 22” shall be omitted in paragraph (1)(a).
Transitional Provisions
17
1
Where —
a
a dentist has begun treatment of a patient before 1st October 1990 with a view to securing dental fitness in accordance with paragraph 2(b) of Schedule 1 to the principal Regulations as in force before that date, and
b
that treatment is not completed by 1st October 1990,
the principal Regulations shall continue to have effect as respects completion of that treatment as if these Regulations had not been made, unless and until that dentist accepts the patient for care and treatment under a continuing care arrangement or a capitation arrangement under the principal Regulations as amended by these Regulations.
2
A dentist shall not accept for care and treatment under a continuing care arrangement or a capitation arrangement a patient who is receiving treatment pursuant to paragraph (1), other than orthodontic treatment, and remains willing to undergo that treatment (whether or not pursuant to that paragraph).
3
A patient who, before 1st October 1990, is receiving care and treatment from a dentist under a capitation arrangement under Part IV of Schedule 1 to the principal Regulations as in force before that date shall be treated as having applied to, and been accepted on that date by, that dentist for care and treatment under a capitation arrangement under the principal Regulations as amended by these Regulations; and in relation to such a patient paragraph 5 of Schedule 1 to the principal Regulations shall have effect as if the references in paragraph 5(1)(a) to the time at which the dentist accepts the patient were to the time of his consultation with the patient after 1st October 1990 and in paragraph 5(1)(b) and (c) to the time of the dentist’s first examination of the patient were to the time of the first such examination taking place on or after 1st October 1990.
4
The amendments made by these Regulations to the National Health Service (Dental Charges) Regulations 1989 shall apply in relation to general dental services only where the contract or arrangement leading to the provision of the services is made on or after 1st October 1990.
5
Where on or after 1st October 1990 a matter falls to be investigated, referred or determined (whether by a service committee, a denture conciliation committee, a Family Authority, the Secretary of State or otherwise) under Part II of the National Health Service (Service Committees and Tribunal) Regulations 1974 following a complaint which relates to treatment, as part of general dental services, begun before 1st October 1990, those Regulations shall apply to the investigation, referral or determination of that matter as if these Regulations had not been made.
Revocation
18
The National Health Service (General Dental Services) Amendment Regulations 1988 are hereby revoked.
Signed by authority of the Secretary of State for Health
Virginia Bottomley
Minister of State,
Department of Health
8th August 1990


text:
Citation commencement and interpretation
1
1
These Regulations may be cited as the Sludge (Use in Agriculture) (Amendment) Regulations 1990, and shall come into force on 8th May 1990.
2
In these Regulations, “the principal Regulations ” means the Sludge (Use in Agriculture) Regulations 1989 .
Amendment of the principal Regulations
2
1
The principal Regulations shall be amended in accordance with the following provisions of this regulation.
2
In regulation 1 (citation, commencement and application), omit paragraph (2) (exemption for sludge deposited on land in accordance with Regulations under Part I of the Control of Pollution Act 1974 ).
3
In regulation 4(2) (precautions to be taken after untreated sludge has been used on land), for the words “on land” substitute “on agricultural land”.
4
In regulation 5 (information to be supplied to the sludge producer where sludge has been used on any land), for the words “on any land” substitute “on any agricultural land”.
5
In regulation 6 (register to be kept by sludge producer) —
a
in paragraph (1)(c), for the words “regulation 8(4)(a)” substitute “regulation 8(4)”.
b
in paragraph (1)(d), for the words “regulation 8(4)(b)” substitute “regulation 8(3)(a)”.
6
In regulation 8 (dedicated sites) —
a
for paragraph (1), substitute —
1
In this regulation —
“occupier” means the occupier of a dedicated site;
“the actual concentration” means the concentration of any of the substances listed in column (1) of the soil table in the soil of an agricultural unit forming part of a dedicated site; and
“the permitted concentration” means the concentration in milligrams per kilogram of dry matter specified for that substance in column (2) of that Table.
.
b
for paragraph (3) substitute: —
3
Where the actual concentration exceeds the permitted concentration, the occupier shall not: —
a
sell or offer for sale any crop grown on the agricultural unit affected except in accordance with the advice referred to in paragraph (4) below; or
b
grow any commercial food crops on that unit other than crops intended for animal consumption.
.
c
in paragraph (4), for the words from the beginning to the end of sub-paragraph (b), substitute —
“Where the actual concentration exceeds (or if sludge were used would exceed) the permitted concentration, the occupier shall not use sludge on the agricultural unit”.
Chris Patten
Secretary of State for the Environment
3rd April 1990
Peter Walker
Secretary of State for Wales
3rd April 1990
James Douglas-Hamilton
Parliamentary Under-Secretary of State, Scottish Office
5th April 1990


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the South Devon Health Care 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 South Devon Health Care 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 South Devon Health Care 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 the Torbay District General Hospital, Lawes Bridge, Newton Road, Torquay, Devon TQ2 7AA and associated hospitals;
b
to manage community health services from the Community Unit, St. Michaels House, Newton Abbot Hospital, 62/64 East Street, Newton Abbot, South Devon TQ12 4PT and to own the premises there from which those services are to be provided 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 Torbay 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 Torbay 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 Torbay 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:
Citation, commencement and transitional provisions
1
1
This Order may be cited as the Industrial Tribunals (Interest) Order 1990 and shall come into force on 1st April 1990.
2
Where a relevant decision day or a day to be treated as if it were a relevant decision day would, but for this paragraph of this Article, fall on a day before 1st April 1990, the relevant decision day or day to be treated as if it were that day shall be 1st April 1990.
Interpretation
2
1
In this Order, except in so far as the context otherwise requires —
“appellate court” means the Employment Appeal Tribunal, the High Court, the Court of Appeal, the Court of Session or the House of Lords as the case may be;
“the calculation day” in relation to a relevant decision means the day immediately following the expiry of the period of 42 days beginning with the relevant decision day;
“interest” means simple interest which accrues from day to day;
“relevant decision” in relation to a tribunal means any award or other determination of the tribunal by virtue of which one party to proceedings before the tribunal is required to pay a sum of money, excluding a sum representing costs or expenses, to another party to those proceedings;
“Rules of Procedure” means rules having effect in relation to proceedings before a tribunal by virtue of any regulations or order made pursuant to an enactment;
“the stipulated rate of interest” has the meaning assigned to it in Article 4 below;
“tribunal” means in England and Wales an industrial tribunal (England and Wales) established in pursuance of the Industrial Tribunals (England and Wales) Regulations 1965 and in Scotland an industrial tribunal (Scotland) established in pursuance of the Industrial Tribunals (Scotland) Regulations 1965 .
2
For the purposes of this Order a sum of money is required to be paid by one party to proceedings to another such party if, and only if, an amount of money required to be so paid is: —
a
specified in an award or other determination of a tribunal or, as the case may be, in an order or decision of an appellate court; or
b
otherwise ascertainable solely by reference to the terms of such an award or determination or, as the case may be, solely by reference to the terms of such an order or decision,
but where a tribunal or, as the case may be, appellate court has made a declaration as to entitlement under a contract nothing in this Order shall be taken to provide for interest to be payable on any payment under that contract in respect of which no obligation to make the payment has arisen under that contract before the declaration was made.
3
In this Order, except in so far as the context otherwise requires, “decision day” means the day signified by the date recording the sending of the document which is sent to the parties recording an award or other determination of a tribunal and “relevant decision day”, subject to Article 5, 6 and 7 below, means the day so signified in relation to a relevant decision.
4
In this Order “party” includes the Secretary of State where he has elected to appear as if he were a party in accordance with a Rule of Procedure entitling him so to elect.
Computation of interest
3
1
Subject to paragraphs (2) and (3) of this Article and to Article 11 below, where the whole or any part of a sum of money payable by virtue of a relevant decision of a tribunal remains unpaid on the calculation day the sum of money remaining unpaid on the calculation day shall carry interest at the stipulated rate of interest from the calculation day (including that day).
2
Where, after the calculation day, a party pays to another party some but not all of such a sum of money remaining unpaid on the calculation day, then beginning with the day on which the payment is made interest shall continue to accrue only on that part of the sum of money which then remains unpaid.
3
For the purposes of the computation of interest under this Order, there shall be disregarded —
a
any part of a sum of money which pursuant to the Employment Protection (Recoupment of Unemployment Benefit and Supplementary Benefit) Regulations 1977 has been claimed by the Secretary of State in a recoupment notice; and
b
any part of a sum of money which the party required to pay the sum of money is required, by virtue of any provision contained in or having effect under any enactment, to deduct and pay over to a public authority in respect of income tax or contributions under Part I of the Social Security Act 1975 .
Rate of interest
4
The stipulated rate of interest shall be the rate of interest specified in section 17 of the Judgments Act 1838 on the relevant decision day.
Reviews
5
Where a tribunal reviews its decision pursuant to the Rules of Procedure and the effect of the review, or of any re-hearing which takes place as a result of the review, is that a sum of money payable by one party to another party is confirmed or varied the relevant decision day shall be the decision day of the decision which is the subject of the review.
Decisions on remission to a tribunal
6
Where an appellate court remits a matter to a tribunal for re-assessment of the sum of money which would have been payable by virtue of a previous relevant decision or by virtue of an order of another appellate court, the relevant decision day shall be the decision day of that previous relevant decision or the day on which the other appellate court promulgated its order, as the case may be.
Appeals from relevant decisions
7
Where, on an appeal from a relevant decision, or on a further appeal arising from a relevant decision an appellate court makes an order which confirms or varies the sum of money which would have been payable by virtue of that relevant decision if there had been no appeal, the relevant decision day shall be the decision day of that relevant decision.
Other appeals
8
1
This Article applies in relation to any order made by an appellate court on an appeal from a determination of any issue by a tribunal which is not a relevant decision, or on any further appeal arising from such a determination, where the effect of the order is that for the first time in relation to that issue one party to the proceedings is required to pay a sum of money, other than a sum representing costs or expenses, to another party to the proceedings.
2
Where this Article applies in relation to an order, Articles 3 and 4 above shall apply to the sum of money payable by virtue of the order as if it was a sum of money payable by virtue of a relevant decision and as if the day on which the appellate court promulgated the order was the relevant decision day.
9
Where, on an appeal from an order in relation to which Article 8 applies or on a further appeal arising from such an order, an appellate court makes an order which confirms or varies the sum of money which would have been payable by virtue of the order in relation to which Article 8 applies if there had been no appeal, the day to be treated as the relevant decision day shall be the day on which the order in relation to which Article 8 applies was promulgated.
Reviews by the Employment Appeal Tribunal
10
Where the Employment Appeal Tribunal reviews an order to which Article 8 above applies, the day to be treated as the relevant decision day shall be the day on which the order reviewed was promulgated.
Variations of the sum of money on appeal etc.
11
Where a sum of money payable by virtue of a relevant decision is varied under one of the procedures referred to in Articles 5, 6 and 7 above, or a sum of money treated as being so payable by virtue of Article 8 above is varied under one of the procedures referred to in Articles 6, 9 and 10 above, the reference in paragraph (1) of Article 3 above, to a sum of money payable by virtue of a relevant decision shall be treated as if it were a reference to that sum as so varied.
Notices
12
1
Where a decision of a tribunal is a relevant decision and a copy of a document recording that decision is sent to all parties entitled to receive that decision, it shall be the duty of the Secretary of the Central Office of the Industrial Tribunals (England and Wales) or the Secretary of the Central Office of the Industrial Tribunals (Scotland), as the case may be, to cause a notice containing the matters detailed in paragraph (2) below to accompany that document.
2
The notice referred to in paragraph (1) above shall specify the decision day, the stipulated rate of interest and the calculation day in respect of the decision concerned.
3
The failure to discharge the duty under paragraph (1) above correctly or at all shall have no effect on the liability of one party to pay to another party any sum of money which is payable by virtue of this Order.
Signed by order of the Secretary of State
Patrick Nicholls
Parliamentary Under Secretary of State,
Department of Employment
6th March 1990
We consent
John M Taylor
Stephen Dorrell
Two of the Lords Commissioners of Her Majesty’s Treasury
6th March 1990


text:
Citation and commencement
1
1
These Regulations may be cited as the Personal and Occupational Pension Schemes (Miscellaneous Amendments) Regulations 1990.
2
These Regulations come into force on 27th June 1990.
Amendment to the Occupational Pensions Board ((Determinations and Review Procedure) Regulations 1976
2
Regulation 4(2) of the Occupational Pensions Board (Determinations and Review Procedure) Regulations 1976 (which deals with cases where the Board may cancel a contracting-out certificate with retrospective effect) is amended by replacing sub-paragraph (c) with the following —
c
in a case where the Board discover that the scheme did not satisfy the requirements for being a contracted-out scheme at the date the contracting-out certificate was issued, in which case the date may be the date from which the certificate had effect or any later date, or
d
in a case where the Board consider that the scheme has ceased to satisfy the requirements for being a contracted-out scheme, in which case the date may be any date not earlier than when, in the Board’s opinion, the scheme ceased to satisfy those requirements.
.
Amendment to the Occupational Pension Schemes (Presenraffon of Benefit) Regulations 1984
3
Regulation 12(1)(a) of the Occupational Pension Schemes (Preservation of Benefit) Regulations l984 (which deals with early benefit as an alternative to short service benefit) is amended by replacing the words “smaller than” with the words “the same as, or different in amount from,”.
Amendment to the Contracting-out (Protection of Pensions) Regulations 1984
4
The Contracting-out (Protection of Pensions) Regulations 1984 are amended by revoking regulation 2 (schemes which provide benefit equal to or larger than short service benefit for certain members before normal pension age).
Amendment to the Occupational Pension Schemes (Revaluation) Regulations 1985
5
The Occupational Pension Schemes (Revaluation) Regulations 1985 are amended by revoking regulation 7 (schemes which provide benefit equal to or larger than short service benefit for certain members before normal pension age).
Amendments to the Money Purchase Contracted-out Schemes Regulations 1987
6
1
The Schedule to the Money Purchase Contracted-out Schemes Regulations 1987 (which specifies permitted investments) is amended as described in paragraphs (2) and (3) of this regulation.
2
Paragraph l(a)(ii) is amended by replacing the words “has disclosed in its audited accounts in the year 1987” with the following —
is authorised under regulation 5 or 6 of the Friendly Societies (Long Term Insurance Business) Regulations 1987 to carry on long term business as defined in those Regulations
.
3
Paragraph 4 is amended by replacing sub-paragraph (b) with the following —
b
a pension vehicle as defined in item 14 of the Schedule to the Building Societies (Designation of Qualifying Bodies) Order 1988 which is associated with a building society as described in section 18(17) of the Building Societies Act 1986 ;
.
Amendment of the Personal and Occupational Pension Schemes (Modification of Enactments) Regulations 1987
7
1
Regulation 4 of the Personal and Occupational Pension Schemes (Modification of Enactments) Regulations 1987 (which modifies provisions of the Social Security Act 1973) is amended as described in paragraphs (2) to (4) of this regulation.
2
Paragraph (1) is amended by replacing “and (3)” with “to (5)”.
3
Paragraph (4) is replaced with the following —
4
Paragraph 9(2)(a) of Schedule 16 shall have effect as if it were replaced with the following —
a
for the member’s accrued rights to be transferred to another occupational pension scheme with a view to acquiring transfer credits for the member under the other scheme, or to a personal pension scheme or a self-employed pension arrangement with a view to acquiring rights for the member under the rules of the scheme or arrangement; or
.
.
4
The following paragraphs are added at the end —
5
Paragraph 15(3)(b) of Schedule 16 shall have effect as if it were replaced with the following —
b
to acquire for the member transfer credits under the rules of another occupational pension scheme or rights under the rules of a personal pension scheme or a self-employed pension arrangement;
.
6
In paragraphs (4) and (5) of this regulation, self-employed pension arrangement' means the same as in regulation 2D of the Occupational Pension Schemes (Transfer Values) Regulations 1985. .
.
Amendments to the Personal Pension Schemes (Appropriate Schemes) Regulations 1988
8
1
Regulation 3 of the Personal Pension Schemes (Appropriate Schemes) Regulations 1988 (persons who and bodies which may establish schemes) is amended as described in paragraphs (2) and (3) of this regulation.
2
Paragraph (2) is amended by replacing sub-paragraph (b) with the following —
b
is authorised under regulation 5 or 6 of the Friendly Societies (Long Term Insurance Business) Regulations 1987 to carry on long term business as defined in those Regulations.
.
3
Paragraph (3) is amended by replacing sub-paragraph (b) with the following —
b
a pension vehicle as defined in item 14 of the Schedule to the Building Societies (Designation of Qualifying Bodies) Order 1988 which is associated with a building society as described in section 18(17) of the Building Societies Act 1986 ;
.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
29th May 1990


text:
1
This Order may be cited as the Value Added Tax (Charities) Order 1990 and shall come into force on 1st May 1990.
2
Group 16 (charities, etc. ) of Schedule 5 to the Value Added Tax Act 1983 shall be varied in accordance with the following articles of this Order.
3
At the end of item 1 there shall be added the words “or the supply of such goods by a taxable person who has covenanted by deed to give all the profits of that supply to such a charity.”.
4
At the end of item 2 there shall be added the words “or by a taxable person described in that item.”.
5
At the end of item 8 there shall be added the words “or the supply to a charity of any goods or services in connection with the preparation of such an advertisement.”.
6
For Note (1) there shall be substituted the following Note:
1
Item 1 shall apply only if the supply is a sale of goods donated to that charity or taxable person.
.
7
In Note (4)(a):
a
after the word “sterilising” there shall be inserted the word “, laboratory”,
b
the word “solely” shall be deleted,
c
after the word “research,” there shall be inserted the word “training,”.
8
In Note (4)(c), for the words “parts and accessories designed solely for use” there shall be substituted the words “parts or accessories for use”.
David Lightbown
Kenneth Carlisle
Two of the Lords Commissioners of Her Majesty’s Treasury
26th March 1990


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Audit of Accounts) (Transitional Provisions) Regulations 1990 and shall come into force on 1st October 1990.
2
In these Regulations —
“ the Act ” means the Local Government Finance Act 1982;
“the 1977 Act ” means the National Health Service Act 1977 ;
“health service body” means —
a health authority, as defined in section 128(1) of the 1977 Act;
a Family Health Services Authority established under section 10 of the 1977 Act ;
all special trustees appointed in pursuance of section 29(1) of the National Health Service Reorganisation Act 1973 and section 95(1) of the 1977 Act;
the Dental Practice Board constituted by regulations having effect under section 37 of the 1977 Act .
Transitional provision
2
Section 98(1) and (3) of the 1977 Act as in force immediately before 1st October 1990, being statutory provisions not contained in Part III of the Act, shall continue to apply on and after 1st October 1990 in relation to the accounts of a health service body for the period beginning on 1st April 1989 and ending on 31st March 1990.
K. Clarke
One of Her Majesty’s Principal Secretaries of State
6th September 1990


text:
Citation and Commencement
1
This Order may be cited as the Judicial Committee (General Appellate Jurisdiction) Rules (Amendment) Order 1990 and shall come into force on 1st January 1991.
Amendment of the Judicial Committee (General Appellate Jurisdiction) Rules
2
1
There shall be substituted for rule 75 of the Judicial Committee (General Appellate Jurisdiction) Rules the following rule —
75
1
All bills of costs under the orders of the Judicial Committee shall be taxed by the Registrar, or such other person as the Judicial Committee may appoint.
2
The amount of costs which a party shall be entitled to recover shall be the amount allowed after taxation on the standard basis unless it appears to the Judicial Committee to be appropriate to order costs to be taxed on the indemnity basis or on the poor person scale.
3
On a taxation of costs on the standard basis there shall be allowed a reasonable amount in respect of all costs reasonably incurred and any doubts which the taxing officer may have as to whether the costs were reasonably incurred or were reasonable in amount shall be resolved in favour of the paying party.
4
On a taxation on the indemnity basis all costs shall be allowed except insofar as they are of an unreasonable amount or have been unreasonably incurred and any doubts which the taxing officer may have as to whether the costs were reasonably incurred or were reasonable in amount shall be resolved in favour of the receiving party.
5
Council Office fees shall be regulated by the table set out in Schedule B to these Rules.
2
In Schedule B to the said Rules Part I shall be revoked, and in Part II the words “Part II” shall be deleted.
G.I. de Deney
Clerk of the Privy Council


text:
Citation and commencement
1
1
This Order may be cited as the Langstone Harbour Revision Order 1990 and shall come into force on 13th March 1990.
2
The Langstone Harbour Orders 1962 and 1985 and this Order may be cited together as the Langstone Harbour Orders 1962 to 1990.
Interpretation
2
In this Order —
“the Order of 1962 ” means the Langstone Harbour Order 1962;
“ the Board ” means the Langstone Harbour Board.
General borrowing powers
3
1
The Board may borrow money upon the security of all or any of the revenues and property of the Board and by any method or methods they see fit:
Provided that —
the total amount of monies borrowed under this article and outstanding at any one time shall not exceed £500,000;
in calculating for the purpose of proviso (a) above the amount of money borrowed by the Board and outstanding at any one time there shall be excluded any monies borrowed for use within twelve months of the date of borrowing for repayment of any sum for the time being outstanding by way of principal on any amount previously borrowed.
2
Monies borrowed by the Board under this article shall be applied only to purposes to which capital money is properly applicable.
3
For the purposes of the last foregoing paragraph, but without prejudice to the generality thereof, purposes to which capital money is properly applicable shall be deemed to include: —
a
the payment of any interest falling due within the five years immediately following the date of the borrowing of any sum of money borrowed by the Board under this article; and
b
the repayment within twelve months of the date of borrowing of any sum for the time being outstanding by way of principal on any amount previously borrowed.
Temporary borrowing
4
The Board may borrow temporarily, by way of overdraft or otherwise, such sums as the Board may require for meeting their obligations or discharging their functions under or in pursuance of any enactment:
Provided that the total amount outstanding at any one time of the money so borrowed shall not exceed £100,000.
Existing borrowing
5
Any monies borrowed by the Board under or by virtue of any enactment repealed by this Order and outstanding at the commencement of this Order shall be deemed for the purposes of article 3 of this Order to have been borrowed under that article.
Repeals
6
1
The following provisions of the Order of 1962 are hereby repealed: —
Section 39 (application of Local Government Act 1933 to borrowing of money by Board).Section 40 (power for Councils to lend money to Board).
Supplemental amendments
7
In the Order of 1962 —
a
in section 4 for the definition of “the Councils”“the district” and “the Portsmouth Council” there shall be substituted respectively the following definitions: —
“the Councils” means the Portsmouth City Council and the Havant Borough Council;
“the district” means the district of the Havant Borough Council;
“the Portsmouth Council” means the Portsmouth City Council;
In sections 7(2), 9, 23, 27(3) and 48(1) for the words “and Waterloo” there shall be substituted the word “Borough”.
In section 48 (Inspection and Audit) for subsections (2) and (3) there shall be substituted the following subsection —
2
The provisions of sections 12 to 25D, and 30 (which relate to accounts and audits) of the Local Government Finance Act 1982 shall with any necessary modifications apply to the Board as if the Board were specified in section 12(2) of that Act
.
Cost of Order
8
The costs, charges and expenses of and incidental to the preparing, applying for and obtaining of this Order and otherwise in relation thereto (other than those which any person may be ordered by the Secretary of State or a joint committee of both Houses of Parliament to pay, or any costs, charges and expenses incurred in opposing this Order) shall be paid by the Board.
Signed by authority of the Secretary of State for Transport
H. B. Wenban-Smith
An Under Secretary in the
Department of Transport
12th March 1990