text:
Citation, commencement, extent and interpretation
1
1
This Order may be cited as the Iraq and Kuwait (United Nations Sanctions) (Channel Islands) Order 1990 and shall come into force on 30th August 1990.
2
This Order shall extend to the Channel Islands so as to be law, respectively, in the Bailiwick of Guernsey and in the Bailiwick of Jersey only.
3
In this Order the following expressions have the meanings hereby respectively assigned to them, that is to say:
“the Bailiff” means, in the application of this Order to the Bailiwick of Guernsey, the Bailiff of Guernsey and, in its application to the Bailiwick of Jersey, the Bailiff of Jersey and, in either case, includes a person lawfully performing the functions of the Bailiff;
“commander”, in relation to an aircraft, means the person designated as commander of the aircraft by the operator thereof, and includes any person who is for the time being in charge or command of the aircraft;
“land transport vehicle” includes a barge;
“master”, in relation to a ship, includes any person (other than a pilot) for the time being in charge of the ship;
“police officer” means
in relation to Guernsey, Herm and Jethou, a member of the salaried police force of the Island of Guernsey and, within the limits of his jurisdiction, a member of the special constabulary of the Island of Guernsey;
in relation to Alderney, a member of the said police force and a member of any police force which may be established by the States of Alderney;
in relation to Sark, the Constable, the Vingtenier and a member of the said police force of the Island of Guernsey, and
in relation to the Bailiwick of Jersey, a member of the Honorary Police or a member of the States of Jersey Police Force;
“operator”, in relation to an aircraft or to a land transport vehicle, means the person for the time being having the management of the aircraft or the vehicle;
“owner”, in relation to a ship, includes any person for the time being having the management of the ship and any person to whom it is chartered;
“person in Iraq or Kuwait” includes any body constituted or incorporated under the law of Iraq or Kuwait and any body carrying on business (whether within Iraq or Kuwait or not) which is controlled by persons or bodies resident in Iraq or Kuwait or constituted or incorporated as aforesaid.
Importation of goods into the Channel Islands
2
1
Except under the authority of a licence granted —
a
in the case of the Bailiwick of Guernsey, under the Import and Export of Goods (Control) (Guernsey) Order 1978;
b
in the case of the Bailiwick of Jersey, by the Finance and Economics Committee,
any goods exported from either Iraq or Kuwait after 6th August 1990 are prohibited to be imported into any of the Channel Islands.
2
Any person who imports any goods into the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey, in contravention of paragraph (1) above shall, in the Bailiwick in question, be guilty of an offence against this Order.
3
Nothing in this article shall be construed so as to prejudice any other provision of law prohibiting or restricting the importation of goods into any of the Channel Islands.
Exportation of goods from Iraq or Kuwait and dealing and processing
3
1
Except under the authority of a licence or permission specified in article 2(1) of the Iraq and Kuwait (United Nations Sanctions) Order 1990 or a licence granted under this Order by the Lieutenant Governor of the Bailiwick of Guernsey or, as the case may be, of the Bailiwick of Jersey no person shall —
a
make or carry out any contract for the exportation of any goods from either Iraq or Kuwait;
b
make or carry out any contract for the sale of any goods which he intends or has reason to believe that another person intends to export from either Iraq or Kuwait, or
c
do any act calculated to promote the exportation of any goods from either Iraq or Kuwait.
2
Except under the authority of a licence granted by the Lieutenant Governor of the Bailiwick of Guernsey or, as the case may be, of the Bailiwick of Jersey under this Order, no person shall deal in any goods that have been exported from Iraq or Kuwait after 6th August 1990, that is to say, shall, by way of trade or otherwise for gain, acquire or dispose of such goods or of any property or interest in them or any right to or charge upon them or process them or do any act calculated to promote any such acquisition, disposal or processing by himself or any other person.
3
Nothing in paragraph (1)(b) or (c) or (2) above shall apply where the exportation of the goods from Iraq or Kuwait is authorised by a licence granted by the Lieutenant Governor of the Bailiwick of Guernsey or, as the case may be, of the Bailiwick of Jersey under this Order or the importation of the goods into the Bailiwick in question is authorised by a licence granted —
a
in the case of the Bailiwick of Guernsey, under the Import and Export of Goods (Control) (Guernsey) Order 1978, or
b
in the case of the Bailiwick of Jersey, by the Finance and Economics Committee.
Supply of goods to a person in Iraq and Kuwait
4
1
Except under the authority of a licence granted —
a
in the case of the Bailiwick of Guernsey, by the Lieutenant Governor under this Order;
b
in the case of the Bailiwick of Jersey, by the Lieutenant Governor under this Order, or
c
in either case, under the Export of Goods (Control) (Iraq and Kuwait Sanctions) Order 1990 ,
no person shall —
i
supply or deliver or agree to supply or deliver to or to the order of any person in either Iraq or Kuwait any goods that are not in either country;
ii
supply or deliver or agree to supply or deliver any such goods to any person, knowing or having reasonable cause to believe that they will be supplied or delivered to or to the order of any person in either Iraq or Kuwait or to any person for the purposes of any business carried on in or operated from Iraq or Kuwait, or
iii
do any act calculated to promote the supply or delivery of any such goods to any person in Iraq or Kuwait, or to any person for the purposes of any business carried on in or operated from Iraq or Kuwait.
2
Nothing in paragraph (1)(ii) or (iii) above shall apply where the supply or delivery of the goods to or to the order of the person concerned is authorised by a licence granted —
a
in the case of the Bailiwick of Guernsey, by the Lieutenant Governor under this Order;
b
in the case of the Bailiwick of Jersey, by the Lieutenant Governor under this Order, or
c
in either case, under the Export of Goods (Control) (Iraq and Kuwait Sanctions) Order 1990.
Application of articles 3 and 4
5
1
The provisions of articles 3 and 4 above shall apply to any person within the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey and to any person elsewhere who —
a
is a British citizen, a British Dependent Territories citizen, a British Overseas citizen or a British protected person and is ordinarily resident in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey, or
b
is a body incorporated or constituted under the law of any part of the Bailiwick of Guernsey or, as the case may be, the law of the Bailiwick of Jersey.
2
Any person specified in paragraph (1) above who contravenes the provisions of article 3(1) or (2) or 4 above shall, in the Bailiwick in question, be guilty of an offence against this Order.
Payments under bonds
6
1
Except under the authority of a permission referred to in paragraph (1) of article 4A of the Iraq and Kuwait (United Nations Sanctions) Order 1990 or granted under this Order by the Lieutenant Governor of the Bailiwick of Guernsey or, as the case may be, of the Bailiwick of Jersey, no person shall make any payment to or to the order of any person in Iraq or Kuwait under or in respect of a bond to which this article applies.
2
Except under the authority of a permission granted under this Order, no person shall do any act for the purpose of obtaining payment or make any payment in respect of any right to indemnity in respect of any bond to which this article applies, where payment under or in respect of the bond is, or would if payment were to be made by a person referred to in paragraph (6) below be, unlawful by virtue of paragraph (1) above.
3
A bond to which this article applies is a bond given in respect of a contract the performance of which is wholly or in part unlawful by virtue of this Order, or the Export of Goods (Control) (Iraq and Kuwait Sanctions) Order 1990.
4
In this article —
a
“bond” means an agreement under which a person (“the obligor”) agrees that, if called upon to do so, or if a third party fails to fulfil obligations owed to another, the obligor will make payment to or to the order of the other party to the agreement, and
b
“make payment” means make payment by any method, including but not restricted to, the grant or any agreement to the exercise of any right of set off, accord and satisfaction and adjustment of any account.
5
Any person who makes payment or does any act for the purpose of obtaining payment in contravention of paragraph (1) or (2) above shall be guilty of an offence against this Order.
6
Paragraphs (1) and (2) above shall apply to any person within the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey and to any person elsewhere who —
a
is a British citizen, a British Dependent Territories citizen, a British Overseas citizen or a British protected person and is ordinarily resident in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey, or
b
is a body incorporated or constituted under the law of any part of the Bailiwick of Guernsey or, as the case may be, the law of the Bailiwick of Jersey.
7
Any permission granted under this article may be either general or special, may be subject to or without conditions, may be limited so as to expire on a specified date unless renewed and may be varied or revoked by the person who granted it.
Exportation of goods from the Channel Islands
7
1
Except under the authority of a licence granted —
a
in the case of the Bailiwick of Guernsey, under the Import and Export of Goods (Control) (Guernsey) Order 1978;
b
in the case of the Bailiwick of Jersey, by the Finance and Economics Committee,
all goods are prohibited to be exported to Iraq or Kuwait from any of the Channel Islands.
2
Any person who exports any goods from the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey in contravention of paragraph (1) above shall, in the Bailiwick in question, be guilty of an offence against this Order.
3
Nothing in this article shall be construed so as to prejudice any other provision of law prohibiting or restricting the exportation of goods from any of the Channel Islands.
Carriage of goods exported from or destined for Iraq or Kuwait
8
1
Without prejudice to the generality of article 3 above and except under the authority of a licence granted under this Order by the Lieutenant Governor of the Bailiwick of Guernsey or, as the case may be, of the Bailiwick of Jersey, no ship or aircraft to which this article applies and no land transport vehicle within any of the Channel Islands shall be used for the carriage of goods if those goods are being or have been exported from Iraq or Kuwait after 6th August 1990.
2
Without prejudice to the generality of articles 4 and 7 above and except under the authority of a licence granted under this Order by the Lieutenant Governor of the Bailiwick of Guernsey or, as the case may be, of the Bailiwick of Jersey no ship or aircraft to which this article applies and no land transport vehicle within any of the Channel Islands shall be used for the carriage of any goods if the carriage is, or forms part of, carriage from any place outside Iraq or Kuwait to any destination therein or to any person for the purposes of any business carried on in or operated from Iraq or Kuwait.
3
This article applies to British ships registered in any of the Channel Islands or the United Kingdom, to aircraft registered in the United Kingdom and to any other ship or aircraft that is for the time being chartered to any person who is —
a
a British citizen, a British Dependent Territories citizen, a British Overseas citizen or a British protected person and is ordinarily resident in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey; or
b
a body incorporated or constituted under the law of any part of the Bailiwick of Guernsey or, as the case may be, the law of the Bailiwick of Jersey.
4
If any ship, aircraft or land transport vehicle is used in contravention of paragraph (1) above, then each of the following persons —
a
in the case of a British ship registered in any of the Channel Islands or the United Kingdom, or any aircraft registered in the United Kingdom, the owner and master of the ship or, as the case may be, the operator and the commander of the aircraft; or
b
in the case of any other ship or aircraft to which this article applies —
i
the person to whom the ship or aircraft is for the time being chartered, and
ii
if he is such a person as is referred to in sub-paragraph (a) or (b) of paragraph (3) above, the master of the ship or, as the case may be, the operator and the commander of the aircraft; or
c
in the case of a land transport vehicle, the operator of the vehicle,
shall be guilty of an offence against this Order unless he proves that he did not know and had no reason to suppose that the goods were being or had been exported from Iraq or Kuwait after 6th August 1990.
5
If any ship, aircraft or land transport vehicle is used in contravention of paragraph (2) above, then —
a
in the case of a British ship registered in any of the Channel Islands or the United Kingdom, or any aircraft registered in the United Kingdom, the owner and the master of the ship or, as the case may be, the operator and the commander of the aircraft; or
b
in the case of any other ship or aircraft to which this article applies —
i
the person to whom the ship or aircraft is for the time being chartered, and
ii
if he is such a person as is referred to in sub-paragraph (a) or (b) of paragraph (3) above, the master of the ship or, as the case may be, the operator and the commander of the aircraft; or
c
in the case of a land transport vehicle, the operator of the vehicle,
shall be guilty of an offence against this Order unless he proves that he did not know and had no reason to suppose that the carriage of the goods in question was, or formed part of, carriage from any place outside Iraq or Kuwait to any destination therein or to any person for the purposes of any business carried on in or operated from Iraq or Kuwait.
6
Nothing in paragraph (1) above shall apply where the exportation of the goods concerned from Iraq or Kuwait was authorised by a licence granted under this Order by the Lieutenant Governor of the Bailiwick of Guernsey or, as the case may be, of the Bailiwick of Jersey, or the importation of the goods concerned into any of the Channel Islands was authorised by a licence granted —
a
in the case of the Bailiwick of Guernsey, under the Import and Export of Goods (Control) (Guernsey) Order 1978;
b
in the case of the Bailiwick of Jersey, by the Finance and Economics Committee.
7
Nothing in paragraph (2) above shall apply where the supply or delivery or exportation from any of the Channel Islands of the goods concerned to that destination was authorised by a licence granted —
a
in the case of the Bailiwick of Guernsey, under the Import and Export of Goods (Control) (Guernsey) Order 1978, or by the Lieutenant Governor under this Order;
b
in the case of the Bailiwick of Jersey, by the Finance and Economics Committee, or by the Lieutenant Governor under this Order, or
c
in either case, under the Export of Goods (Control) (Iraq and Kuwait Sanctions) Order 1990.
8
Nothing in this article shall be construed so as to prejudice any other provision of law prohibiting or restricting the use of ships, aircraft or land transport vehicles.
Investigation, etc. of suspected British ships, aircraft and land transport vehicles
9
1
Where any authorised officer, that is to say, any such officer, other than an officer of the Board of Trade, as is referred to in section 692(1) of the Merchant Shipping Act 1894 , has reason to suspect that any British ship registered in any of the Channel Islands or the United Kingdom has been or is being or is about to be used in contravention of paragraph (1) or (2) of article 8 above, he may (either alone or accompanied and assisted by persons under his authority) board the ship and search her and, for that purpose, may use or authorise the use of reasonable force, and he may request the master of the ship to furnish such information relating to the ship and her cargo and produce for his inspection such documents so relating and such cargo as he may specify; and an authorised officer (either there and then or upon consideration of any information furnished or document or cargo produced in pursuance of such a request) may, in the case of a ship that is reasonably suspected of being or of being about to be used in contravention of article 8(2) above, exercise the following further powers with a view to the prevention of the commission (or the continued commission) of any such contravention or in order that enquiries into the matter may be pursued, that is to say, he may either direct the master to refrain, except with the consent of an authorised officer, from landing at any port specified by the officer any part of the ship’s cargo that is so specified or request the master to take any one or more of the following steps:
a
to cause the ship not to proceed with the voyage on which she is then engaged or about to engage until the master is notified by any authorised officer that the ship may so proceed;
b
if the ship is then in a port in the United Kingdom or in any of the Channel Islands, to cause her to remain there until the master is notified by any authorised officer that the ship may depart;
c
if the ship is then in any other place, to take her to any such port specified by the officer and to cause her to remain there until the master is notified as mentioned in sub-paragraph (b) of this paragraph; and
d
to take her to any other destination that may be specified by the officer in agreement with the master;
and the master shall comply with any such request or direction.
2
Without prejudice to the provisions of paragraph (10) below, where a master refuses or fails to comply with a request made under this article that his ship shall or shall not proceed to or from any place or where an authorised officer otherwise has reason to suspect that such a request that has been so made may not be complied with, any such officer may take such steps as appear to him to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose enter upon, or authorise entry upon, that ship and use, or authorise the use of, reasonable force.
3
Where, in the case of the Bailiwick of Guernsey, the Attorney General for Guernsey or, in the case of the Bailiwick of Jersey, the Bailiff, or any person authorised by him for that purpose either generally or in a particular case, has reason to suspect that any aircraft registered in the United Kingdom or any aircraft for the time being chartered to any person specified in paragraph (3) of article 8 above has been or is being or is about to be used in contravention of paragraph (1) or (2) of article 8 above then the Attorney General or, as the case may be, the Bailiff, or that authorised person, may request the charterer, the operator and the commander of the aircraft or any of them to furnish such information relating to the aircraft and its cargo and produce for his inspection such documents so relating and such cargo as he may specify, and the Attorney General or, as the case may be, the Bailiff, or that authorised person, may (either alone or accompanied and assisted by persons under his authority) board the aircraft and search it and, for that purpose, may use or authorise the use of reasonable force; and, if the aircraft is then in any of the Channel Islands, the Attorney General or, as the case may be, the Bailiff, or any such authorised person (either there and then or upon consideration of any information furnished or document or cargo produced in pursuance of such a request) may further request the charterer, operator and the commander or any of them to cause the aircraft to remain in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey until notified that the aircraft may depart; and the charterer, the operator and the commander shall comply with any such request.
4
Without prejudice to the provisions of paragraph (10) below, where the Attorney General or, as the case may be, the Bailiff, or any person authorised by him as aforesaid, has reason to suspect that any request that an aircraft should remain in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey that has been made under paragraph (3) above may not be complied with, he may take such steps as appear to him to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose —
a
enter, or authorise entry, upon any land and upon that aircraft;
b
detain, or authorise the detention of, that aircraft; and
c
use, or authorise the use of, reasonable force.
5
Where, in the case of the Bailiwick of Guernsey, the Attorney General for Guernsey or, in the case of the Bailiwick of Jersey, the Bailiff, or any person authorised by him for that purpose either generally or in a particular case, has reason to suspect that any land transport vehicle in the Bailiwick in question has been or is being or is about to be used in contravention of paragraph (1) or (2) of article 8 above then the Attorney General or, as the case may be, the Bailiff, or that authorised person, may request the operator and driver of the vehicle or either of them to furnish such information relating to the vehicle and any goods contained in it and produce for his inspection such documents so relating and such goods as he may specify, and the Attorney General or, as the case may be, the Bailiff, or that authorised person, may (either alone or accompanied and assisted by persons under his authority) board the vehicle and, for that purpose, may use or authorise the use of reasonable force; the Attorney General or, as the case may be, the Bailiff, or any such authorised person (either there and then or upon consideration of any information furnished or document or goods produced in pursuance of such a request) may further require the operator or driver to cause the vehicle to remain in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey until notified that the vehicle may depart; and the operator and driver shall comply with any such request.
6
Without prejudice to the provisions of paragraph (10) below, where the Attorney General or, as the case may be, the Bailiff, or any person authorised by him as aforesaid, has reason to suspect that any request that a land transport vehicle should remain in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey that has been made under paragraph (5) above may not be complied with, he may take such steps as appear to him to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose —
a
enter, or authorise entry, upon any land and upon that vehicle;
b
detain, or authorise the detention of, that vehicle; and
c
use, or authorise the use of, reasonable force.
7
A person authorised by the Attorney General or, as the case may be, the Bailiff to exercise any power for the purposes of any of paragraphs (3) to (6) above shall, if requested to do so, produce evidence of his authority before exercising that power.
8
No information furnished or document produced by any person in pursuance of a request made under this article shall be disclosed except —
a
with the consent of the person by whom the information was furnished or the document was produced:
Provided that a person who has obtained information or is in possession of a document only in his capacity as servant or agent of another person may not give consent for the purposes of this sub-paragraph but such consent may instead be given by any person who is entitled to that information or to the possession of that document in his own right; or
b
to any person who would have been empowered under this article to request that it be furnished or produced or to any person holding or acting in any office under or in the service of the Crown in respect of the Government of the United Kingdom or under or in the service of the States of Guernsey or Alderney or, as the case may be, the States of Jersey; or
c
on the authority of the Attorney General or, as the case may be, the Bailiff, to any organ of the United Nations or to any person in the service of the United Nations or of the Government of any other country for the purpose of assisting the United Nations or that Government in securing compliance with or detecting evasion of measures in relation to Iraq or Kuwait decided upon by the Security Council of the United Nations; or
d
with a view to the institution of, or otherwise for the purposes of, any proceedings for an offence against this Order or, with respect to any of the matters regulated by this Order, for an offence against any enactment relating to customs or for an offence against any provision of law with respect to similar matters that is for the time being in force in any of the Channel Islands.
9
Any power conferred by this article to request the furnishing of information or the production of a document or of cargo for inspection shall include a power to specify whether the information should be furnished orally or in writing and in what form and to specify the time by which and the place in which the information should be furnished or the document or cargo produced for inspection.
10
Each of the following persons shall be guilty of an offence against this Order, that is to say:
a
a master of a ship who disobeys any direction given under paragraph (1) above with respect to the landing of any cargo;
b
a master of a ship or a charterer or an operator or a commander of an aircraft or an operator or a driver of a land transport vehicle who, without reasonable excuse, refuses or fails within a reasonable time to comply with any request made under this article by any person empowered to make it or who wilfully furnishes false information or produces false documents to such a person in response to such a request;
c
a master or a member of a crew of a ship or a charterer or an operator or a commander or a member of a crew of an aircraft or an operator or a driver of a land transport vehicle who wilfully obstructs any such person (or any person acting under the authority of any such person) in the exercise of his powers under this article.
11
Nothing in this article shall be construed so as to prejudice any other provision of law conferring powers or imposing restrictions or enabling restrictions to be imposed with respect to ships or aircraft.
Obtaining of evidence and information
10
The provisions of the Schedule to this Order shall have effect in order to facilitate the obtaining of evidence and information for the purpose of securing compliance with or detecting evasion of this Order and in order to facilitate the obtaining of evidence of the commission of an offence against this Order or, with respect to any of the matters regulated by this Order, of an offence relating to customs.
Penalties and proceedings
11
1
Any person guilty of an offence against this Order shall be liable, in the Bailiwick of Guernsey —
a
on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both; or
b
on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding £2,000 or to both,
and, in the Bailiwick of Jersey, on conviction to imprisonment for a term not exceeding two years or to a fine or to both.
2
Where any body corporate is guilty of an offence against this Order, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
3
Summary proceedings in the Bailiwick of Guernsey and any proceedings in the Bailiwick of Jersey for an offence against this Order, being an offence alleged to have been committed outside the Bailiwick in question, may be commenced at any time person charged first enters that Bailiwick after committing the offence.
4
Proceedings against any person for an offence against this Order may be taken before the appropriate court in any of the Channel Islands having jurisdiction in the place where that person is for the time being.
5
No proceedings for an offence against this Order, in its application to the Bailiwick of Jersey, shall be instituted except by or with the consent of the Attorney General for Jersey:
Provided that this paragraph shall not prevent the arrest, or the issue or execution of a warrant for the arrest, of any person in respect of such an offence, or the remand in custody or on bail of any person charged with such an offence, notwithstanding that the necessary consent to the institution of proceedings for the offence has not been obtained.
Exercise of powers
12
1
The Lieutenant Governor of the Bailiwick of Guernsey or, as the case may be, of the Bailiwick of Jersey may, to such extent and subject to such restrictions and conditions as he may think proper, delegate or authorise the delegation of any of his powers under this Order to any person, or class or description of persons, approved by him, and references in this Order to the Lieutenant Governor shall be construed accordingly.
2
Any licences granted under this Order may be either general or special, may be subject to or without conditions, may be limited so as to expire on a specified date unless renewed and may be varied or revoked by the authority that granted them.
Miscellaneous
13
1
This Order applies to or in relation to any ship or aircraft or any body corporate that purports to be registered in any particular place or, as the case may be, that purports to be incorporated or constituted under the law of that place as it applies to or in relation to any ship or aircraft that is so registered or any body corporate that is so incorporated or constituted.
2
Any provision of this Order in its application to the Bailiwick of Guernsey and to the Bailiwick of Jersey respectively, which prohibits the doing of a thing except under the authority of a licence or permission shall not have effect in relation to any such thing done in a country or place outside the Bailiwick in question by a person who is ordinarily resident in, or by a body incorporated or constituted under the law of, that country or place, provided that it is so done under the authority of a licence or with permission granted, in accordance with any law in force in that country or place (being a law substantially corresponding to the relevant provision of this Order in its application to the Bailiwick in question), by the authority competent in that behalf under that law.
R. P. Bulling
Clerk of the Privy Council


type: legislation

jurisdiction: UK

text:
Title and commencement
1
This Order may be cited as the Poultry Flocks, Hatcheries and Processed Animal Protein (Fees) Order 1990 and shall come into force for the purposes of items 2 to 7 of Part I of the Schedule to this Order on 1st June 1990 and for all other purposes on 2nd April 1990.
Interpretation
2
In this Order —
“the appropriate Minister” means, in relation to England, the Minister of Agriculture, Fisheries and Food, and in relation to Scotland or to Wales, the Secretary of State;
“the Breeding Flocks Order ” means the Poultry Breeding Flocks and Hatcheries (Registration and Testing) Order 1989 ;
“the Laying Flocks Order ” means the Poultry Laying Flocks (Testing and Registration etc. ) Order 1989 ;
“ the Minister ” means the Minister of Agriculture, Fisheries and Food.
Fees
3
There shall be paid —
a
to the appropriate Minister in respect of the transactions specified in column (1) of Part I of the Schedule to this Order; or
b
to the Minister in respect of the transactions specified in column (1) of Part II of the Schedule to this Order
the fees specified in column (2) of each Part respectively of that Schedule opposite the reference to those transactions, such fees being payable within 14 days of demand made by the appropriate Minister or the Minister (as the case may be) except that the fee specified in respect of a transaction specified in item 5(a) of Part II of that Schedule shall be payable on application for the authorisation referred to in that item.
Reduced fees
4
Where any two or more transactions specified in item 5(a) or 7 of Part I of the Schedule to this Order or in item 2 of Part II of that Schedule are carried out on premises situated at the same address on the same occasion, the total fee payable in respect of those transactions shall be reduced by £35.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 6th March 1990.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
6th March 1990
Peter Walker
Secretary of State for Wales
6th March 1990
We approve,
John Taylor
Kenneth Carlisle
Two of the Lord Commissioners of Her Majesty’s Treasury
7th March 1990


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the St. James’s University Hospital National Health Service Trust (Establishment) Order 1990 and shall come into force on 17th December 1990.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“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 17th December 1990;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means St. James’s University Hospital 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 St. James’s University Hospital 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 St. James’s University Hospital, Beckett Street, Leeds LS9 7TF and associated premises including the management of its teaching and research facilities;
b
to manage community health services provided from the St. James’s University Hospital, Beckett Street, Leeds LS9 7TF and to own the premises there from where those services are to be provided and any associated premises.
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
2
The hospital referred to in article 3(2)(a) is a hospital which, in the opinion of the Secretary of State, has a significant teaching and research commitment and accordingly one of the non-executive directors shall be appointed from The University of Leeds.
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 Leeds Eastern 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 Leeds Eastern 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 Leeds Eastern 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:
1
This Order may be cited as the Football Spectators Act 1989 (Commencement No. 2) Order 1990.
2
Schedule 1 to the Football Spectators Act 1989 shall come into force on 24th April 1990.
David Waddington
One of Her Majesty’s Principal Secretaries of State
Home Office
20th April 1990


text:
Citation and commencement
1
These Regulations may be cited as the New Towns (Transfer of Housing Stock) (Amendment) Regulations 1990 and shall come into force on 27th December 1990.
Amendment of New Towns (Transfer of Housing Stock) Regulations 1990
2
The New Towns (Transfer of Housing Stock) Regulations 1990 shall be amended by the insertion of the following paragraph after regulation 2(3) —
4
Nothing in these Regulations shall —
a
prevent a new town corporation making a disposal in exercise of their powers under section 17 or, as the case may be, section 36 of the New Towns Act 1981 , or
b
affect a corporation’s duty, in the period before a disposal of a dwelling in pursuance of these Regulations, to act in accordance with Part V (The Right to Buy) of the Housing Act 1985 with respect to that dwelling;
and, where a corporation transfer an estate or interest in housing stock under any of those provisions, these Regulations shall cease to apply for the disposal of that estate or interest.
.
Chris Patten
Secretary of State for the Environment
28th November 1990


text:
1
1
This Order may be cited as the Broadcasting (Local Delivery Services) Order 1990 and shall come into force on 1st January 1991.
2
In this Order “the 1990 Act ” means the Broadcasting Act 1990.
2
1
The class of services to which paragraph (2) below applies is hereby specified for the purpose of section 72(1)(b) of the 1990 Act.
2
This paragraph applies to services provided in an area in which there are more than one thousand dwelling-houses, subject to the exceptions set out in the Schedule to this Order.
Kenneth Baker
One of Her Majesty’s Principal Secretaries of State
Home Office
3rd December 1990


text:
Title and commencement
1
This Order may be cited as the Sea Fishing (Enforcement of Community Quota Measures) Order 1990, and shall come into force on 2nd February 1990.
Interpretation
2
In this Order —
“the Council Regulation” means the Regulation adopted by the Council of the European Communities on 19th December 1989, fixing, for certain fish stocks and groups of fish stocks, the total allowable catches for 1990 and certain conditions under which they may be fished ;
“specified Community provision” means a provision of the Council Regulation specified in column 1 of the Schedule to this Order, as read with any qualifying words relating to that provision in that column.
Offences
3
Where there is, in respect of —
a
any British fishing boat registered in the United Kingdom wherever it may be, or
b
any other fishing boat which is within British fishery limits, a contravention of, or failure to comply with, any specified Community provision, the master, the owner and the charterer (if any) shall each be guilty of an offence.
Penalties
4
1
A person guilty of an offence under article 3 of this Order shall be liable on summary conviction —
a
to a fine not exceeding the amount specified in column 3 of the Schedule to this Order in relation to the specified Community provision, the contravention of, or failure to comply with which, founded the offence; and
b
either —
i
to a fine not exceeding the value of any fish in respect of which the offence was committed; or
ii
to the forfeiture of any fish in respect of which the offence was committed; and
c
to the forfeiture of any net or other fishing gear which was used in the course of the commission of the offence.
2
A person guilty of an offence under article 3 of this Order shall be liable on conviction on indictment —
a
to a fine; and
b
to the forfeiture of any fish in respect of which the offence was committed; and
c
to the forfeiture of any net or other fishing gear which was used in the course of the commision of the offence.
Recovery of fines
5
1
Where a fine is imposed by a magistrates' court in England and Wales or Northern Ireland on the master, owner or charterer of a fishing boat who is convicted by the court of an offence under article 3 of this Order, the court may —
a
issue a warrant of distress against the boat and its gear and catch and any property of the person convicted for the purpose of levying the amount of the fine; and
b
order the boat to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid or the amount of the fine is levied in pursuance of any such warrant, whichever occurs first.
2
Where a fine is imposed by a sheriff in Scotland on the master, owner or charterer of a fishing boat who is convicted by the sheriff of an offence under article 3 of this Order, the sheriff may —
a
issue a warrant for the arrestment and sale of the boat and its gear and catch and any property of the person convicted; and
b
order the boat to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid, whichever occurs first.
3
Sections 77(1) and 78 of the Magistrates' Courts Act 1980 (postponement of issue of, and defects in, warrants of distress) shall apply to a warrant of distress issued under this article in England and Wales as they apply to a warrant of distress issued under Part III of that Act.
4
Article 114(2) of the Magistrates' Courts (Northern Ireland) Order 1981 (postponement of issue of certain warrants) shall apply to a warrant of distress issued under this article in Northern Ireland as it applies to a warrant referred to in that article.
Powers of British sea-fishery officers
6
1
For the purpose of enforcing article 3 of this Order, a British sea-fishery officer —
a
may go on board any British fishing boat wherever it may be or any other fishing boat which is within British fishery limits;
b
may require any such boat to stop and do anything else to enable him to board it;
c
may require the attendance of the master of the boat or any other person on board;
d
may require any person on board to assist him in the performance of his functions;
e
may take with him, to assist him in performing his functions, any other person and any equipment or materials; and
f
may make any examination or inquiry which appears to him to be necessary and, without prejudice to the generality of the foregoing, he may in particular —
i
examine any fish on the boat and the equipment of the boat, including the fishing gear;
ii
require the production of any document relating to the boat or to its fishing operations or other operations ancillary to its fishing operations;
iii
search the boat for any such document, and require any person on board the boat to do anything which appears to the officer to be necessary for facilitating the search; and
iv
take copies of any such document.
2
If a British sea-fishery officer has reasonable grounds to suspect that an offence under article 3 of this Order has been committed in respect of a boat that he has power to go on board under paragraph (1)(a) of this article, he may seize and detain any document produced to him or found on bord the boat, and if he has reasonable grounds to suspect that an offence has been committed within British fishery limits, the officer —
a
may require the master to take, or may himself take, the boat and its crew to the port which appears to the officer to be the nearest convenient port; and
b
may detain the boat in the port.
3
Nothing in paragraph (2) of this article shall permit any document required by law to be carried on board any boat to be seized or detained except while the boat is detained in a port.
4
If a British sea-fishery officer detains a boat, he shall serve on the master a notice stating that it is to be detained until the notice is withdrawn by the service on him of a further notice in writing signed by a British sea-fishery officer.
5
For the purpose of enforcing article 3 of this Order, a British sea-fishery officer —
a
may enter at any reasonable time any premises (other than a dwelling) used for carrying on any business in connection with the operation of fishing boats or activities connected therewith or ancillary thereto or with the treatment, storage or sale of sea fish;
b
may examine any fish on the premises;
c
may require any person on the premises to produce any documents which are in his custody or possession relating to the catching, landing, trans-shipment, sale or disposal of sea fish;
d
may take copies of any such document; and, if he has reasonable grounds to suspect that an offence under article 3 of this Order has been committed, the officer —
e
may search the premises for any such document and require any person on the premises to do anything which appears to the officer to be necessary for facilitating the search; and
f
may seize and detain such document produced to him or found on the premises.
6
A British sea-fishery officer may seize —
a
any fish in respect of which he has reasonable grounds to suspect that an offence under article 3 of this Order has been committed; and
b
any net or other fishing gear which he has reasonable grounds to suspect has been used in the course of the commission of such an offence.
Obstruction of officers
7
Any person who —
a
fails without reasonable excuse to comply with any requirement imposed by a British sea-fishery officer under the powers conferred on British sea-fishery officers by article 6 of this Order;
b
without reasonable excuse prevents any other person from complying with any such requirement; or
c
assaults an officer who is exercising any of the powers conferred on him by article 6 of this Order or intentionally obstructs any such officer in the exercise of any of those powers shall be guilty of an offence and liable —
i
on summary conviction to a fine not exceeding £5,000; or
ii
on conviction on indictment to a fine.
Protection of officers
8
An officer shall not be liable in any civil or criminal proceedings for anything done in the purported exercise of the powers conferred on him by article 6 of this Order if the court is satisfied that the act was done in good faith, that there were reasonable grounds for doing it and that it ws done with reasonable skill and care.
Offences by bodies corporate
9
Where an offence under article 3 of this Order committed by a body corporate is proved to have been committed with the consent or approval of any director, manager, secretary or other officer of the body corporate, he, as well as the body corporate, shall be deemed to be guilty of the offence nd shall be liable to be proceeded against and punished accordingly.
Proceedings
10
Proceedings for an offence under this Order may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.
Revocation
11
The Sea Fishing (Enforcement of Community Quota Measures) Order 1988 and the Sea Fishing (Enforcement of Community Quota Measures) (Amendment) Order 1989 are hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
16th January 1990.
Sanderson of Bowden
Minister of State, Scottish Office
16th January 1990
Peter Walker
Secretary of State for Wales
16th January 1990
Peter Brooke
Secretary of State for Northern Ireland
31st January 1990


text:
Citation and commencement
1
This Order may be cited as the Medicines (Exemptions from Licences) (Intermediate Medicated Feeding Stuffs) (Amendment) Order 1990 and shall come into force on 3rd April 1990.
Amendment of principal Order
2
Article 2(1) of the Medicines (Exemptions from Licences) (Intermediate Medicated Feeding Stuffs) Order 1989 shall be amended by omitting at the end the words “or to an intermediate medicated feeding stuff containing one or more licensed feed additives incorporated in accordance with the conditions of the product licence”.
Kenneth Clarke
Secretary of State for Health
6th March 1990
Sanderson of Bowden
Minister of State, Scottish Office
6th March 1990
Peter Walker
Secretary of State for Wales
7th March 1990
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
6th March 1990.
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland this 9th day of
F. A. Elliott
Permanent Secretary
March 1990.
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland this
W. J. Hodges
Permanent Secretary
12th day of March 1990.


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Community Charge Benefits (General) Amendment Regulations 1990 and shall come into force on 1st April 1990.
2
In these Regulations “the General Regulations ” means the Community Charge Benefits (General) Regulations 1989 .
Amendment of regulation 2 of the General Regulations
2
In regulation 2(1) of the General Regulations (interpretation) —
a
after the definition of “the Independent Living Fund” there shall be inserted the following definition —
“the Macfarlane (Special Payments) Trust” means the trust of that name established on 29th January 1990 partly out of funds provided by the Secretary of State, for the benefit of certain persons suffering from haemophilia;
;
b
after the definition of “the Macfarlane Trust” there shall be inserted the following definition —
“training allowance” means an allowance (whether by way of periodical grants or otherwise) payable —
a
out of public funds by a Government department or by or on behalf of the Training Agency;
b
to a person for his maintenance or in respect of a member of his family; and
c
for the period, or part of the period, during which he is following a course of training or instruction provided by, or in pursuance of arrangements made with, that department or approved by that department in relation to him or so provided or approved by or on behalf of that Agency,
but it does not include an allowance paid by any Government department to or in respect of a person by reason of the fact that he is following a course of full-time education other than under arrangements made under section 2 of the Employment and Training Act 1973 or is training as a teacher;
.
Amendment of regulation 4 of the General Regulations
3
In regulation 4(2) of the General Regulations (persons of prescribed description) there shall be added at the end the words “or to a person who is receiving advanced education within the meaning of regulation 12(2) of the Income Support (General) Regulations 1987 (relevant education).”
Amendment of regulation 24 of the General Regulations
4
In regulation 24 of the General Regulations (capital treated as income), after paragraph (2) there shall be added the following paragraph —
3
Any earnings to the extent that they are not a payment of income shall be treated as income.
Amendment of regulation 25 of the General Regulations
5
Regulation 25 of the General Regulations (notional income) shall be amended —
a
in paragraph (3) after the words “the Macfarlane Trust” there shall be inserted the words “, the Macfarlane (Special Payments) Trust”;
b
in paragraph (4) for the words “the first Monday in April in that year” there shall be substituted the words “either 1st April or the first Monday in April in that year whichever date the appropriate authority shall select to apply in its area.”.
Amendment of regulation 30 of the General Regulations
6
In regulation 30 of the General Regulations (income treated as capital), after paragraph (5) the following paragraph shall be added —
6
Any charitable or voluntary payment which is not made or due to be made at regular intervals, other than a payment which is made under the Macfarlane Trust, the Macfarlane (Special Payments) Trust or the Independent Living Fund, shall be treated as capital.
Amendment of regulation 33 of the General Regulations
7
In regulation 33 of the General Regulations (notional capital), in paragraph (3) after the words “the Macfarlane Trust” there shall be inserted the words “, the Macfarlane (Special Payments) Trust”.
Amendment of regulation 41 of the General Regulations
8
In regulation 41 of the General Regulations (disregard of student’s covenant and grant income) —
a
for the words “only if and to the extent that,” there shall be substituted the words “to the extent that”;
b
for the amount “£5” there shall be substituted the amount “£10”.
Amendment of regulation 46 of the General Regulations
9
In regulation 46 of the General Regulations (maximum community charge benefit) —
a
for paragraphs (1) and (2) there shall be substituted the following paragraphs —
1
Except in a case to which paragraph (2) applies, the amount of a person’s maximum community charge benefit in respect of a day shall be —
a
where a person’s liability is in respect of a personal community charge, 80% of the amount A/B where —
i
A is the amount set or imposed by the appropriate authority as the personal community charge for its area for the relevant financial year;
ii
B is the number of days in that financial year;
b
where a person’s liability is in respect of a collective community charge contribution, 80% of the amount to be paid by him by way of collective community charge contribution in respect of that day.
2
Where a claim for community charge benefits is made by or on behalf of a couple or the members of a polygamous marriage, the maximum community charge benefit in respect of that couple or those members shall be the aggregate of any amounts referred to in paragraph (1)(a) and (b) applicable to each member of that couple or that marriage, except that where any such member is a registered student any amounts in respect of that student shall be disregarded.
;
b
paragraph (3) shall be amended by substituting the words “paragraphs 5 and 5A of the 1988 Act ”
c
after paragraph (3) there shall be added the following paragraph —
4
In calculating the maximum community charge benefit under paragraphs (1) and (2) any reduction in the amount a person is liable to pay in respect of a personal community charge in consequence of regulations made under section 13A of the 1988 Act or section 9A of the 1987 Act (reduced liability for personal community charge), shall be taken into account.
.
Amendment of regulation 48 of the General Regulations
10
Regulation 48 of the General Regulations (community charge benefits taper) shall be amended by substituting “2 1/7%” for “15%”.
Amendment of regulations 49 and 50 of the General Regulations
11
In regulation 49 and 50 of the General Regulations (amount of community charge benefits for couples and the members of a polygamous marriage) for the words “liability for a personal community charge or” each time they appear there shall be substituted the words “liability for payments in respect of a personal community charge or for any”.
Amendment of regulation 51 of the General Regulations
12
In paragraphs (2) and (3) of regulation 51 of the General Regulations (benefits for partners of registered students) for the reference to “Part IV” each time it appears there shall be substituted a reference to “Parts IV and V”, and for the words “liability for a personal community charge or” each time they appear there shall be substituted the words “liability for payments in respect of a personal community charge or for any”.
Amendment of regulation 52 of the General Regulations
13
Regulation 52 of the General Regulations (minimum community charge benefit) shall be amended by substituting the word “benefit” for the words “weekly amount” and by adding the words “per week” at the end.
Amendment of regulation 55 of the General Regulations
14
In regulation 55 of the General Regulations (date on which benefit period is to end) for the words from “unless” to the end of the regulation, there shall be substituted the words —
unless —
a
the claimant is a person on income support and he ceases to be so entitled except in cases to which sub-paragraph (b) refers, when the benefit period will end with the last day of the benefit week in which the cessation of his entitlement takes effect in accordance with regulation 56 (date when change of circumstances is to have effect);
b
the claimant is a person on income support and he ceases to be so entitled on account of an award of benefit under the Social Security Act, when the benefit period will end at the end of the benefit week in which the payment of income support ceases; or
c
the appropriate authority determines that some other change of circumstances has occurred which should result in the benefit period ending with an earlier week, when the benefit period will end with the last day of that week.
.
Amendment of regulation 56 of the General Regulations
15
In regulation 56 of the General Regulations (date on which change of circumstance is to take effect) after paragraph (2) there shall be inserted the following paragraph —
2A
Where the change is a change in the amount a person is liable to pay in respect of a personal community charge in consequence of regulations under section 13A of the 1988 Act or section 9A of the 1987 Act it shall take effect from the day on which the change in amount has effect.
.
Substitution of new regulation 57 in the General Regulations
16
For regulation 57 of the General Regulations (calculation of weekly amounts) there shall be substituted —
Rounding of fractions
57
Any amount determined under these Regulations including any amount to which the members of a couple or of a polygamous marriage may be entitled may, if it is appropriate, be rounded to the nearest whole penny by disregarding any amount less than half a penny and treating any amount of half a penny or more as a whole penny.
.
Amendment of regulation 58 of the General Regulations
17
In regulation 58 of the General Regulations (increases of weekly amounts for exceptional circumstances) —
a
for the words “paid in his case” there shall be substituted the words “allowed or paid in his case”;
b
for the words from “paid to him” to the end there shall be substituted the words “allowed or paid to him in any week to exceed the amount of his maximum community charge benefit, calculated in respect of a day in accordance with regulation 46 (maximum comunity charge benefit), multiplied by 7.”.
Amendment of regulation 60 of the General Regulations
18
Regulation 60 of the General Regulations (time and manner in which claims are to be made) shall be amended —
a
in paragraph (4), by substituting for the words “either of the offices referred to in paragraph (5)(b)” the following sub-paragraphs —
a
either of the offices referred to in paragraph (5)(b), where the claimant or his new partner is a person on income support; or
b
the designated office in any other case
;
b
in paragraph (13), for the words “the authority may treat that claim” there shall be substituted the words “the authority shall treat that claim”.
Amendment of regulation 61 of the General Regulations
19
In regulation 61(1) of the General Regulations (evidence and information), after the words “the Macfarlane Trust” there shall be inserted the words “the Macfarlane (Special Payments) Trust”.
Amendment to regulation 76 of the General Regulations
20
In regulation 76 of the General Regulations (time and manner of granting community charge benefit in respect of personal community charges) in paragraph (1) —
a
for the words “may discharge” there shall be substituted the words “shall discharge”,
b
for the words “or may pay” there shall be substituted the words “or, where this is not possible, shall pay”.
Amendment of regulation 78 of the General Regulations
21
In regulation 78 (persons to whom benefit is to be paid) —
a
in paragraph (3), at the beginning there shall be inserted the words “Except in cases to which paragraph (4) applies,”;
b
for paragraph (4) there shall be substituted the following paragraph —
4
Where payments of community charge benefit to which a person is entitled on account of his liability to pay a collective community charge contribution have not yet been made, the appropriate authority may, where —
a
that person remains liable for a collective community charge contribution in respect of his residence in premises for which a collective community charge is payable;
b
his residence in those premises has ceased; and
c
the authority considers it impracticable to pay the benefit to the person concerned,
pay the outstanding benefit to the person to whom the relevant contribution is owed without obtaining the consent of the person who is liable for that contribution.
.
Amendment of regulation 79 of the General Regulations
22
In regulation 79 of the General Regulations (shortfall in benefits) —
a
in paragraph (1) for the words “the appropriate authority” to the end of the paragraph, there shall be substituted the words —
the appropriate authority shall either —
a
make good any shortfall of benefits which are due to that person, by reducing so far as possible the next and any subsequent payments he is liable to make in respect of the personal community charge of the authority concerned as it has effect for the relevant chargeable financial year until that shortfall is made good; or
b
where this is not possible or the person concerned so requests, pay any shortfall of benefits due to that person within 14 days of the decision on review being made or if that is not reasonably practicable, as soon as possible afterwards
.
b
In paragraph (2), for the word “where” there shall be substituted the words “to the extent that”.
Amendment of regulation 80 of the General Regulations
23
In regulation 80 of the General Regulations (withholding of benefit) —
a
in paragraph (3) for the words from “allowed or paid” to the end of the paragraph there shall be substituted the following paragraphs —
a
allowed to the person concerned by reducing, so far as possible, the next and any subsequent payments he is liable to make in respect of the personal community charge of the authority concerned as it has effect for the relevant chargeable financial year, until the benefit withheld is made good, or
b
where this is not possible or the person concerned so requests, paid to that person within 14 days of the determination of that question or, if this is not reasonably practicable, as soon as possible afterwards, except to the extent that there was no entitlement to that benefit or recoverable excess benefits remain due from the person from whom the benefit was withheld
.
b
in paragraph (4) for the words “the authority may allow” there shall be substituted the words “the authority, with the consent of the person from whom the benefit was withheld, may allow,”.
Amendment of regulation 83 of the General Regulations
24
Regulation 83 of the General Regulations (meaning of excess benefits) shall be amended by adding the following words at the end —
and includes any excess which arises by reason of —
a
a reduction in the amount a person is liable to pay in respect of a personal community charge in consequence of regulations made under section 13A of the 1988 Act or section 9A of the 1987 Act; or
b
in England and Wales, a substitution under section 34 or, as the case may be, section 35 of the 1988 Act (power to set a substituted amount and duty to set a substituted amount) of a lower amount for the amount previously set by the appropriate authority for its personal community charge under section 32 of that Act (amount set for a personal community charge); or
c
in Scotland, a reduction in the appropriate authority’s personal community charge made under section 22 of the 1987 Act (reduction of community charges).
.
Amendment of regulation 84 of the General Regulations
25
In regulation 84 of the General Regulations (recoverable excess benefit) after paragraph (3) the following paragraph shall be added —
4
Paragraph (2) shall not apply with respect to excess benefits to which regulation 83(a) to (c) refers.
.
Amendment of regulation 87 of the General Regulations
26
In regulation 87 of the General Regulations (methods of recovery) —
a
in paragraph (1) after “(2)” there shall be inserted “(2A),”;
b
after paragraph (2) the following paragraph shall be inserted —
2A
Where, in Scotland, a person’s liability for a personal community charge in respect of the financial year beginning 1st April 1989 is reduced in consequence of regulations made under section 9A of the 1987 Act, any benefit to which he was entitled in respect of that charge under the Housing Benefit (Community Charge Rebates) (Scotland) Regulations 1988 , shall take account of his reduced liability for that charge and any benefit which is found to have been overpaid may be recovered by an addition to any amount payable in respect of a personal community charge under that Act or by deduction from any sums to which he may be entitled in consequence of regulations made under section 9A.
.
Amendment of regulation 91 of the General Regulations
27
In regulation 91(2) of the General Regulations (benefits from which excess community charge benefits are not recoverable) after the words “guardian’s allowance” there shall be inserted the word “and” and the words “and housing benefit under Part II of the Act” shall be omitted.
Amendment of Schedule 1 to the General Regulations
28
In Schedule 1 to the General Regulations (applicable amounts) —
a
in paragraph 6 sub-paragraph (1), for the words from “either the higher pensioner premium” to the end of that sub-paragraph there shall be substituted the words “any other premium which may apply under this Schedule.”;
b
in paragraphs 7(b) and 13(5), after the words “Employment and Training Act 1973” there shall be added in each of those paragraphs the words “or for any period during which he is in receipt of a training allowance”;
c
in paragraph 11(3)(c), for the words “upon becoming entitled or re-entitled to community charge benefit” there shall be substituted the words “for the purpose of establishing entitlement or re-entitlement for community charge benefits”;
d
in paragraph 13 —
i
for head (b) of sub-paragraph (1) there shall be substituted the following —
b
the circumstances of the claimant fall, and have fallen, in respect of a continuous period of not less than 28 weeks, within sub-paragraph (b) or, if he was in Northern Ireland for the whole or part of that period, within one or more comparable Northern Irish provisions;
;
ii
after sub-paragraph (5) there shall be added the following sub-paragraphs —
6
For the purposes of sub-paragraph (1)(b), the circumstances of a claimant fall within this sub-paragraph if
a
he provides evidence of incapacity in accordance with regulation 2 of the Social Security (Medical Evidence) Regulations 1976 (evidence of incapacity for work) in support of a claim for sickness benefit, invalidity pension or severe disablement allowance within the meaning of sections 14, 15 or 36 of the Social Security Act, provided that an adjudication officer has not determined he is not incapable of work, or
b
he is in receipt of statutory sick pay within the meaning of Part I of the Social Security and Housing Benefits Act 1982 ;
7
For the purposes of sub-paragraph (1)(b), once the disability premium is applicable to a claimant by virtue of his satisfying the additional condition specified in that provision, he shall continue to be treated as satisfying that condition for any period spent by him in undertaking a course of training provided under section 2 of the Employment and Training Act 1973 .
;
e
in paragraph 14 —
i
in sub-paragraph (2)(a)(iii) the words “no one is in receipt of” shall be omitted and after the words “Social Security Act” there shall be inserted the words “is not in payment to anyone”;
ii
in sub-paragraph (2)(b) for the words “there is someone in receipt of an invalid care allowance” there shall be substituted the words “an invalid care allowance is in payment to someone” and for the words “there is no one in receipt of such anallowance” there shall be substituted the words “such an allowance is not in payment to anyone”;
f
after paragraph 16 there shall be inserted the following paragraph —
Person in receipt of benefit for another
16A
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 2 to the General Regulations
29
In Schedule 2 to the General Regulations (sums to be disregarded in the calculation of earnings) in paragraph 3(7) for the words “income support” there shall be substituted the words “community charge benefit, or housing benefit or both.”.
Amendment of Schedule 3 to the General Regulations
30
In Schedule 3 to the General Regulations (sums to be disregarded in the calculation of income other than earnings) —
a
in paragraphs 13, 14 and 34 for the amount of “£5” in each of those paragraphs there shall be substituted the amount of “£10”;
b
in paragraph 21 for the amount “£11” each time it appears there shall be substituted the amount “£20.00”.
c
paragraph 35 shall be amended by inserting the words“, the Macfarlane (Special Payments) Trust” after the words “the Macfarlane Trust”.
d
after paragraph 40 the following paragraph shall be added —
41
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).
42
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-paragraph (a) to (e) of this paragraph.
.
Amendment of Schedule 4 to the General Regulations
31
In Schedule 4 to the General Regulations (capital to be disregarded) —
a
paragraph 23 shall be amended by inserting the words “, the Macfarlane (Special Payments) Trust” after the words “the Macfarlane Trust”;
b
after paragraph 34 the following paragraphs shall be added —
35
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.
36
Any grant made 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.
.
Amendment of Schedule 5 to the General Regulations
32
In Schedule 5 to the General Regulations (matters to be included in notices of determination) for paragraph 9(a) there shall be substituted —
a
the weekly amount of payments in respect of a personal community charge or any collective community charge contributions.
.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
30th March 1990


text:
1
The length of the Trunk Road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road and shall be classified as a classified road as from the date on which the Secretary of State notifies the County Council of North Yorkshire that the new trunk road is open for through traffic.
2
In this Order —
1
all measurements of distance are measured along the route of the relevant highway; and
2
i
“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;
ii
“the deposited plan” means the plan numbered HA10/YHRO18, marked “The A65 Trunk Road (Heber to Holme House)(De-Trunking) 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 new trunk road” means the highway to be provided in pursuance of the A65 Trunk Road (Gargrave Bypass) Order 1990; ; and
iv
“the Trunk Road” means the North-West of Doncaster — Kendal Trunk Road (A65).
3
This Order shall come into force on 7th September 1990 and may be cited as the A65 Trunk Road (Heber to Holme House) (De-Trunking) Order 1990.
Signed by authority of the Secretary of State for Transport
John Henry
Regional Director Yorkshire & Humberside Region
Department of Transport
6th August 1990