text:
Citation, commencement and interpretation
1
1
This Order may be cited as the East Berkshire National Health Service Trust for People with Learning Disabilities (Establishment) Order 1991 and shall come into force on 1st November 1991.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of or Schedule 1 to the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 1st November 1991;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the East Berkshire National Health Service Trust for People with Learning Disabilities established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called East Berkshire National Health Service Trust for People with Learning Disabilities.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
to manage community health services provided from Church Hill House, Crow thorne Road, Bracknell, Berkshire, RG12 7EP and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1 April 1992.
2
The accounting date of the trust shall be 31 March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The East Berkshire 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 East Berkshire 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 East Berkshire 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
21st October 1991


type: legislation

jurisdiction: UK

text:
Title and commencement
1
This Order may be cited as the Milk Quota (Calculation of Standard Quota) (Amendment) Order 1991 and shall come into force on 27th September 1991.
Amendment of principal Order
2
The Milk Quota (Calculation of Standard Quota) Order 1986( ) is hereby amended by substituting for the Schedule thereto the provisions contained in the Schedule to this Order.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 3rd September 1991.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
David Hunt
Secretary of State for Wales
3rd September 1991


text:
1
This Order may be cited as the Public Telecommunication System Designation (Starside Network Limited) Order 1991 and shall come into force on 18th February 1991.
2
Each of the Applicable Cabled Systems is hereby designated as a public telecommunication system.
John Redwood
Minister of State,
Department of Trade and Industry
15th January 1991


text:
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (England) ( No. 2) Order 1991 and shall come into force on 22nd November 1991.
2
–
1
The management of the Richmondshire Swimming Pool by Richmondshire District Council shall not be treated as a defined activity in any financial year so long as educational institutions have used the pool exclusively in the immediately preceding financial year for more than 600 hours.
2
In this article “educational institutions” has the same meaning as in paragraph 8(3) of Schedule 1 to the Local Government Act 1988 .
3
The maintenance of ground by the council of the London borough of Hounslow shall not be treated as a defined activity so long as and in so far as it is undertaken in pursuance of an agreement in respect of the grounds of Chiswick House made between that council and the Historic Buildings and Monuments Commission for England on 26th February 1988.
Michael Heseltine
Secretary of State for the Environment
24th October 1991


text:
Title and commencement
1
This Order may be cited as the Poultry Flocks, Hatcheries and Processed Animal Protein (Fees) (Amendment) Order 1991 and shall come into force on 1st April 1991.
Amendment
2
For the Schedule to the Poultry Flocks, Hatcheries and Processed Animal Protein (Fees) Order 1990 (which specifies fees to be paid in respect of specified transactions) there shall be substituted the Schedule set out in the Schedule to this Order.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 20th February 1991.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Strathclyde
Parliamentary Under Secretary of State, Scottish Office
26th February 1991
David Hunt
Secretary of State for Wales
27th February 1991
Thomas Sackville
Sydney Chapman
Two of the Lords Commissioners of Her Majesty’s Treasury
25th February 1991


text:
Title and commencement
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Lead in Cattle) (England) (No 2) (Revocation) Order 1991 and shall come into force on 25th January 1991.
Revocation
2
The Food Protection (Emergency Prohibitions) (Lead in Cattle) (England) (No 2) Order 1990 is hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 24th January 1991.
Grant Meekings
Assistant Secretary Ministry of Agriculture, Fisheries and Food


text:
Citation and commencement
1
This Order may be cited as the Sealink (Transfer of Lymington Pier) Harbour Revision Order 1991 and shall come into force on 5th March 1991.
Interpretation
2
1
In this Order, unless the context otherwise requires–
“the Act of 1847 ” means the Harbours, Docks and Piers Clauses Act 1847 ;
“ the Commissioners ” means the Lymington Harbour Commissioners;
“ the Company ” means Wightlink Limited;
“the day of transfer” means the day after the day on which expires a period of four weeks beginning with the day on which this Order comes into force;
“the defined limits” means the area of water adjacent to the transferred harbour which is shown coloured pink on the signed plan;
“enactment” means any Act or any order or scheme made under an Act;
“the harbour master” means the harbour master of the Commissioners;
“the harbour of Lymington Pier” means the pier at Lymington harbour as regards which there are vested in Sealink immediately before the day of transfer statutory powers or duties of improvement, maintenance or management;
“the linkspan” means the linkspan and ancillary works which immediately before the commencement of this Order form part of the pier at Lymington harbour which is being managed by Sealink, or by the Company as agent for Sealink pursuant to an Agreement made under section 14(1)(a) of the Transport Act 1962 ;
“Lymington harbour” means “the harbour” defined in section 3 of the Lymington River and Harbour Order 1951 ;
“the Piermaster” means the Company’s piermaster at the transferred harbour;
“Sealink” means Sealink Harbours Limited;
“the signed plan” means the plan marked “Signed plan referred to in article 2 (Interpretation) of the Sealink (Transfer of Lymington Pier) Harbour Revision Order 1991” and signed in triplicate by an Assistant Secretary in the Department of Transport, two copies of which have been deposited at that Department and one copy of which has been deposited at the offices of the Company at the harbour of Lymington Pier;
“the transferred harbour” means the harbour of Lymington Pier;
“ Trinity House ” means the Corporation of Trinity House of Deptford Strond.
2
In this Order a reference to the undertaking of Sealink at the transferred harbour is a reference to the powers, duties, property, rights and liabilities of Sealink in relation to that harbour which are transferred by this Order.
Power to continue and maintain the linkspan
3
Sealink may continue and maintain the linkspan.
Designation of Company as harbour authority
4
On the day of transfer the Company shall become the harbour authority for the transferred harbour and Sealink shall cease to be the harbour authority for that harbour.
Transfer of functions, property etc.
5
1
On the day of transfer all property vested in Sealink comprising, or held by it for the purposes of, the transferred harbour and all rights and liabilities incurred by it for the purposes of the transferred harbour shall be transferred to and vested in the Company.
2
On the day of transfer the powers and duties conferred or imposed on Sealink by any statutory provision of local application applied in relation to it by the Scheme dated 27th October 1981 made by Sealink U.K. Limited pursuant to section 2 of the Transport Act 1981 and approved by the Secretary of State with modifications on 5th July 1982 read with Schedule 4 to the Transport Act 1968 as applied by the said section 2 (subject to any subsequent repeal or amendment of any such statutory provision), or by any enactment subsequent to that Scheme, including this Order, for the purpose of, or in connection with, the improvement, maintenance or management of the transferred harbour shall be transferred to the Company and accordingly as from that day any such statutory provision of local application shall, so far as it relates to the transferred harbour and with any necessary modifications, apply in relation to the Company as if for references to Sealink there were substituted (unless the context otherwise requires) references to the Company.
Saving of byelaws etc.
6
As from the day of transfer any byelaw, regulation, licence or consent made, issued or granted by Sealink in relation to the transferred harbour and in force immediately before that day shall notwithstanding the making of this Order continue in force and shall be deemed to have been made, issued or granted by the Company.
Savings of agreements etc.
7
All sales, conveyances, leases, grants, assurances, deeds, contracts, bonds, agreements, notices and demands affecting the undertaking of Sealink at the transferred harbour and in force immediately before the day of transfer (other than any lease or deed the parties to which include both Sealink and the Company) shall (in so far as they relate to that undertaking) on and from that day be as binding and of as full force and effect in every respect and may be enforced as fully and effectively against or in favour of the Company as if (except in any case where the Company as agent for Sealink is already a party thereto, or bound thereby or entitled to the benefit thereof) the Company instead of Sealink had been a party thereto or bound thereby or entitled to the benefit thereof.
Continuance of proceedings
8
Nothing in this Order shall release, discharge or suspend any action, arbitration or other proceeding, or any cause of action, arbitration or other proceeding, pending or existing immediately before the day of transfer by or in favour of or against Sealink or by or in favour of or against the Company as agent for Sealink, in relation to Sealink’s undertaking at the transferred harbour and any such action, arbitration or proceeding or cause of action, arbitration or proceeding (other than an action, arbitration or proceeding which is or may be an issue between Sealink and the Company or Sea Containers Ltd. ) may be maintained, prosecuted or continued by or in favour of or against the Company and may be amended in such manner as may be necessary for that purpose.
Charges
9
1
On and after the day of transfer the Company shall in the exercise of statutory powers and duties at the transferred harbour, have power to make such reasonable charges for its services and facilities as it thinks fit.
2
This article does not apply in relation to–
a
ship, passenger and goods dues; or
b
charges ascribable to the running of a ferry service in or from a harbour;
and does not authorise the making of any charge in a case where an enactment relating to the transferred harbour expressly provides for freedom from charges or otherwise prohibits the making of any charge.
Disposal of property no longer required for the transferred harbour
10
On and after the day of transfer the Company, in respect of property vested in it and held for the purposes of the transferred harbour which is no longer required for those purposes, may dispose of such property in such manner, whether by way of sale, exchange, lease, the creation of any easement, right or privilege or otherwise, for such period, upon such conditions and for such consideration as it thinks fit.
Limits of jurisdiction
11
1
On and after the day of transfer the area within which the Company shall exercise jurisdiction as a harbour authority and within which the powers of the Piermaster shall be exercised shall comprise the defined limits in addition to the transferred harbour.
2
Paragraph (1) of this article shall not prejudice or affect any of the rights, powers or privileges of the Commissioners and in case of conflict between any direction lawfully given by the harbour master and any direction given by the Piermaster, the direction of the harbour master shall prevail.
Incorporation of provisions of Act of 1847
12
The provisions of sections 51, 52, 53 and 58 of the Act of 1847 are hereby incorporated with this Order and shall have effect on and after the day of transfer;
Provided that–
a
the expression “the harbour, dock or pier” where used in the said incorporated provisions means the transferred harbour and the defined limits;
b
the expression “the harbour master” where so used means the Piermaster;
c
section 52 of the Act of 1847 as incorporated with this Order, shall extend to empower the Piermaster to give directions prohibiting the mooring of vessels in any particular place or places within the defined limits; and
d
the said section 52 shall not be construed as requiring the Piermaster in emergency to give particular directions in the case of every vessel in respect of which it is desired to exercise any of the powers of that section but in pursuance of that section for all or any of the purposes thereof the Piermaster shall be entitled in emergency to give general directions applicable to all vessels or to any particular class or classes of vessels.
Saving for Trinity House
13
None of the provisions of this Order shall prejudice or derogate from any of the powers, rights, duties or privileges of Trinity House.
Signed by authority of the Secretary of State for Transport
H. B. Wenban-Smith
An Under Secretary in the
Department of Transport
4th March 1991


text:
1
This Order may be cited as the Extradition (Drug Trafficking) Order 1991, and shall come into force on 26th September 1991.
2
Schedule 1 to the Extradition Act 1989 (“the 1989 Act”) shall apply in the case of a State mentioned in Schedule 2 to this Order under and in accordance with the extradition treaties listed in the second column of that Schedule as supplemented by paragraph 2 of Article 6 of the Convention (set out in Schedule 1 to this Order); the Orders in Council which give effect to the said extradition treaties shall be construed accordingly. The Convention entered into force for those States on the dates specified in the third column of the said Schedule 2.
3
The 1989 Act, so far as it relates to extradition procedures under Part III of that Act, shall apply in the case of a State mentioned in Part I of Schedule 3 to this Order (being States in respect of which the Convention entered into force on the dates specified in the second column of Part I of that Schedule) subject to the limitations, restrictions, exceptions and qualifications contained in Part II of that Schedule.
4
The operation of this Order is limited to the United Kingdom.
G. I. de Deney
Clerk of the Privy Council


text:
1
This Order may be cited as the Combined Probation Areas (Wiltshire) Order 1991 and shall come into force on 1st April 1991.
2
Schedule 2 to the Combined Probation Areas Order 1986 shall be amended by substituting for the entry in respect of Wiltshire the following entry:
Column 1 Column 2 Column 3 Petty Sessions Area Probation Area Number of justices on probation committee
Kennet Wiltshire 3 North Wiltshire 3 Salisbury 3 Swindon 3 West Wiltshire 3
3
The four members of the Wiltshire Probation Committee appointed before 1st April 1991 by the justices for the petty sessional divisions of Devizes, Everley and Pewsey and Marlborough shall decide by agreement, or in default of agreement by lot, which three of them shall continue in office as if they had been appointed by the justices for the new petty sessional division of Kennet.
4
The four members of the Wiltshire Probation Committee appointed before 1st April 1991 by the justices for the petty sessional divisions of Calne, Chippenham, Cricklade and Malmesbury shall decide by agreement, or in default of agreement by lot, which three of them shall continue in office as if they had been appointed by the justices for the new petty sessional division of North Wiltshire.
5
The four members of the Wiltshire Probation Committee appointed before 1st April 1991 by the justices for the petty sessional divisions of Salisbury and Tisbury and Mere shall decide by agreement, or in default of agreement by lot, which three of them shall continue in office as if they had been appointed by the justices for the new petty sessional division of Salisbury.
6
The six members of the Wiltshire Probation Committee appointed before 1st April 1991 by the justices for the petty sessional divisions of Bradford, Melksham, Trowbridge, Warminster, Westbury and Whorwellsdown shall decide by agreement, or in default of agreement by lot, which three of them shall continue in office as if they had been appointed by the justices for the new petty sessional division of West Wiltshire.
Home Office
Kenneth Baker
One of Her Majesty’s Principal Secretaries of State
20th March 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Aintree Hospitals National Health Service Trust (Establishment) Order 1991 and shall come into force on 1st November 1991.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 1st November 1991;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Aintree Hospitals National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Aintree Hospitals National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
to own and manage hospital accommodation and services provided at Aintree House, Fazakerley Hospital, Longmoor Lane, Liverpool, L9 7AL and associated hospitals.
Directors of the trust
4
The trust shall have, in addition to the chairman 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1992.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The South Sefton 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 South Sefton 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 South Sefton 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
21st October 1991


text:
Citation and commencement
1
1
This Order may be cited as the Gloucestershire (District Boundaries) Order 1991.
2
This Order shall come into force on 15th March 1991 for any purpose set out in regulation 4(1) (coming into operation of order) of the Local Government Area Changes Regulations 1976 .
3
For all other purposes this Order shall come into force on 1st April 1991.
Interpretation
2
In this Order “boundary map” followed by a number means the map bearing that number in the set of maps prepared by the Department of the Environment, marked “Maps of the Gloucestershire (District Boundaries) Order 1991”, and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976.
Transfers from Tewkesbury to Gloucester
3
1
The part of the borough of Tewkesbury and the parish of Maisemore marked B1 on boundary map 1 shall–
a
be transferred to the City of Gloucester;
b
cease to form part of any parish.
2
The parts of the borough of Tewkesbury and the parish of Longford marked B2, B3, B4 and B7 on boundary map 1 shall–
a
be transferred to the City of Gloucester;
b
cease to form part of any parish.
3
The parts of the borough of Tewkesbury and the parish of Innsworth marked B5 and B6 on boundary map 1 shall–
a
be transferred to the City of Gloucester;
b
cease to form part of any parish.
Transfers from Gloucester to Tewkesbury
4
The parts of the City of Gloucester marked C1, C2 and C3 on boundary map 1 shall be transferred to–
a
the borough of Tewkesbury;
b
the parish of Longford.
Transfers from Stroud to Gloucester
5
1
The part of the district of Stroud and the parish of Upton St Leonards marked B8 on boundary map 3 shall–
a
be transferred to the City of Gloucester;
b
cease to form part of any parish.
2
The part of the district of Stroud and the parish of Brookthorpe-with-Whaddon marked B9 on boundary map 3 shall–
a
be transferred to the City of Gloucester;
b
cease to form part of any parish.
3
The part of the district of Stroud which comprises such part of the parish of Quedgeley as is not transferred by article 8(6) or (7) shall be transferred to the City of Gloucester.
4
The part of the district of Stroud and the parish of Brookthorpe-with-Whaddon marked A4 on boundary map 4 shall be transferred to the City of Gloucester.
5
The part of the district of Stroud and the parish of Hardwicke marked A2 on boundary map 2 shall be transferred to the City of Gloucester.
Transfers from Tewkesbury to Cheltenham
6
1
The part of the borough of Tewkesbury and the parish of Badgeworth marked B10 on boundary map 6 shall–
a
be transferred to the borough of Cheltenham;
b
cease to form part of any parish.
2
The part of the borough of Tewkesbury which comprises such part of the parish of Up Hatherley as is not transferred by article 8(4), being the area marked A19 on boundary map 6, shall be transferred to the borough of Cheltenham.
3
The part of the borough of Tewkesbury which comprises such part of the parish of Leckhampton as is not transferred by article 8(5), being the area marked A21 on boundary map 6, shall be transferred to the borough of Cheltenham.
4
The part of the borough of Tewkesbury which comprises such part of the parish of Prestbury as is not transferred by article 8(1), being the area marked A10 on boundary map 5, shall be transferred to the borough of Cheltenham.
5
The part of the borough of Tewkesbury which comprises such part of the parish of Swindon as is not transferred by article 8(2) and (3), being the area marked A9 on boundary map 5, shall be transferred to the borough of Cheltenham.
6
The part of the borough of Tewkesbury and the parish of Uckington marked A8 on boundary map 5 shall be transferred to the borough of Cheltenham.
7
The parts of the borough of Tewkesbury and the parish of Southam marked A12, A13 and A15 on boundary map 5 shall be transferred to the borough of Cheltenham.
8
The part of the borough of Tewkesbury and the parish of Shurdington marked A20 on boundary map 6 shall be transferred to the borough of Cheltenham.
9
The part of the borough of Tewkesbury and the parish of Badgeworth marked A18 on boundary map 6 shall be transferred to the borough of Cheltenham.
Transfers from Tewkesbury to Cotswold
7
1
The part of the borough of Tewkesbury which comprises such part of the parish of Coberley as is not transferred by article 8(10) and (11) shall be transferred to the district of Cotswold.
2
The parts of the borough of Tewkesbury and the parish of Leckhampton marked A25 and A26 on boundary map 6 shall be transferred to the district of Cotswold.
3
The parts of the borough of Tewkesbury and the parish of Badgeworth marked A28 and A32 on boundary map 7 and A39 on boundary map 8 shall be transferred to the district of Cotswold.
4
The part of the borough of Tewkesbury which comprises such part of the parish of Cowley as is not transferred by article 8(9) shall be transferred to the district of Cotswold.
5
The part of the borough of Tewkesbury and the parish of Great Witcombe marked A31 on boundary map 7 shall be transferred to the district of Cotswold.
6
The part of the borough of Tewkesbury and the parish of Badgeworth marked A34 on boundary map 8 shall be transferred to the district of Cotswold.
Transfers between parishes
8
1
The parts of the parish of Prestbury marked A11, A14 and A16 on boundary map 5 shall be transferred to the parish of Southam.
2
The part of the parish of Swindon marked A6 on boundary map 5 shall be transferred to the parish of Bishop’s Cleeve.
3
The parts of the parish of Swindon marked A7 and A17 on boundary map 5 shall be transferred to the parish of Uckington.
4
The part of the parish of Up Hatherley marked A23 on boundary map 6 shall be transferred to the parish of Shurdington.
5
The part of the parish of Leckhampton marked A22 on boundary map 6 shall be transferred to the parish of Shurdington.
6
The part of the parish of Quedgeley marked A1 on boundary map 2 shall be transferred to the parish of Elmore.
7
The part of the parish of Quedgeley marked A3 on boundary map 2 shall be transferred to the parish of Hardwicke.
8
The part of the parish of Upton St Leonards marked A5 on boundary map 3 shall be transferred to the parish of Brookthorpe-with-Whaddon.
9
The parts of the parish of Cowley marked A29 and A30 on boundary map 7 and A37, A38 and A40 on boundary map 8 shall be transferred to the parish of Badgeworth.
10
The parts of the parish of Coberley marked A24 and A27 on boundary map 6 shall be transferred to the parish of Shurdington.
11
The parts of the parish of Coberley marked A33, A35 and A36 on boundary map 8 shall be transferred to the parish of Badgeworth.
Town and country planning
9
Any provisions of a local plan adopted by a district council which apply immediately before 1st April 1991 to an area transferred by this Order shall continue to have effect in relation to that area as if they were part of such a plan adopted by the council of the district to which that area is transferred.
Signed by authority of the Secretary of State for the Environment
Blatch
Parliamentary Under Secretary of State,
Department of Environment
21st February 1991


text:
1
This Order may be cited as the Protection of Wrecks (Designation No. 2) Order 1991 and shall come into force on 7th December 1991.
2
–
1
The site where the vessel is supposed to lie and in respect of which this Order is made, is in position Latitude 51° 43'.18 North, Longitude 05° 40'.29 West.
2
The area within a distance of 300 metres of that position shall be a restricted area for the purposes of the Protection of Wrecks Act 1973.
David Hunt
Secretary of State for Wales
5th December 1991


text:
1
This Order may be cited as the Finance Act 1985 (Interest on Tax) (Prescribed Rate) (No.4) Order 1991 and shall come into force on 6th October 1991.
2
For the purposes of subsections (1), (3) and (6) of section 18 of the Finance Act 1985 the prescribed rate shall be 9.25 per cent.
Sydney Chapman
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
1st October 1991


text:
Title, commencement and interpretation
1
1
This Scheme may be cited as the Farm Diversification Grant (Variation) Scheme 1991 and shall come into force on 16th January 1991.
2
In this Scheme —
“the principal Scheme” means the Farm Diversification Grant Scheme 1987 ;
“the appropriate Minister” has the meaning provided by paragraph 2(1) of the principal Scheme.
Savings
2
Paragraph 4(b) of this Scheme shall not apply in relation to a farm diversification plan approved under the principal Scheme before 16th January 1991, or to a request for the variation of such a plan or an application for approval of a farm diversification plan received before 16th January 1991 by he appropriate Minister, and this Scheme shall not affect the operation of the principal Scheme in relation to any such plan, request or application.
3
The principal Scheme shall be varied in accordance with the following paragraph of this Scheme.
4
In paragraph 2(1) (interpretation) —
a
in the definition of “designated maps” —
i
in sub-paragraph (a), for the words from “at Great Westminster House” to the end of the sub-paragraph there shall be substituted the following:
at Noble House, 17 Smith Square, London SW1P 3JR
,
ii
in sub-paragraph (b), for the words from “at Chesser Crug” to the end of the sub-paragraph there shall be substituted the following:
at Trawsgoed, Aberystwyth, Dyfed SY23 4HT
,
iii
in sub-paragraph (c), for the words from “at Chesser House” to the end of the sub-paragraph there shall be substituted the following:
at Pentland House, 47 Robb’s Loan, Edinburgh EH14 1TW
;
b
for the definition of “provision of accommodation” there shall be substituted the following:
“provision of accommodation”, in relation to persons, means provision of simple overnight shelter or hostel-style self-catering accommodation in a traditional farm building other than a dwelling-house;
.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 8th January 1991.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Strathclyde
Parliamentary Under Secretary of State, Scottish Office
21st December 1990
David Hunt
Secretary of State for Wales
20th December 1990
We approve,
Sydney Chapman
Irvine Patrick
Two of the Lords Commissioners of Her Majesty’s Treasury
19th December 1990


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Education (National Curriculum) (Attainment Targets and Programmes of Study in Mathematics) Order 1991.
2
This article and article 2 shall come into force on 1st August 1992 and all other provisions of this Order in accordance with articles 3 to 6.
3
In this Order–
“the Document” means the document published by Her Majesty’s Stationery Office entitled “Mathematics in the National Curriculum (1991)” ;
references to the first, second, third and fourth key stages are references to the periods set out in paragraphs (a) to (d) respectively of section 3(3) of the Education Reform Act 1988;
references to levels of attainment are references to the levels set out in the Document in relation to each attainment target; and
references to ranges of levels of attainment are references to the range of levels of attainment specified for pupils of different abilities and maturities in relation to the key stage in question.
2
The Education (National Curriculum) (Attainment Targets and Programmes of Study in Mathematics) Order 1989 is revoked.
3
The provisions of this Order relating to the first key stage shall come into force on 1st August 1992 in respect of all pupils in that key stage.
4
The provisions of this Order relating to the second key stage shall come into force–
a
on 1st August 1992 in respect of pupils in the first three years of that key stage; and
b
on 1st August 1993 in respect of all other pupils.
5
The provisions of this Order relating to the third key stage shall come into force on 1st August 1992 in respect of all pupils in that key stage.
6
The provisions of this Order relating to the fourth key stage shall come into force–
a
on 1st August 1992 in respect of pupils in the first year of that key stage; and
b
on 1st August 1993 in respect of all other pupils.
Specification of attainment targets and programmes of study
7
It is hereby directed that the provisions relating to attainment targets and programmes of study set out in the Document shall have effect as provided in articles 8 to 10 hereof for the purposes of specifying in relation to mathematics–
a
attainment targets; and
b
programmes of study.
8
1
Schedule 1 has effect in accordance with paragraph (2) for specifying the attainment targets (including the ranges of levels of attainment) for each key stage.
2
The attainment targets set out in the Document and described in column 2 of Schedule 1 to this Order are specified in relation to the key stages set out beside them in column 1 of that Schedule, the levels applicable being those appropriate to the different abilities and maturities of the pupils being taught.
9
1
Schedule 2 has effect in accordance with paragraph (2) for specifying the programmes of study (including the range of levels of attainment) for each key stage.
2
The programmes of study set out in the Document and described in column 2 of Schedule 2 to this Order are specified in relation to the key stages set out beside them in column 1 of that Scheule, the levels applicable being those appropriate to the different abilities and maturities of the pupils being taught.
10
The examples printed in italics in the Document (which serve to illustrate the attainment targets and programmes of study therein described) do not form part of the provision made by this Order.


text:
1
1
These Regulations may be cited as the European ParliamentaryElections (Amendment) Regulations 1991.
2
These Regulations do not extend to Northern Ireland.
3
These Regulations shall come into force when the Representation ofthe People Act 1990 comes into force in Great Britain (and accordingly whenthe Representation of the People (Amendment) Regulations 1991 and the Representation of the People (Scotland)Amendment Regulations 1991 also come into force).
2
1
At the end of paragraph (1) of regulation 5 of the EuropeanParliamentary Elections Regulations 1986( ) (application of certainprovisions for the purposes of European Parliamentary elections) thereshall be added the following:
The entry in that Schedule in respect of section 6 of the Act of 1985is to that provision as amended by section 1 of the Representation ofthe People Act 1990.
.
2
In the left-hand column of Part I of Schedule 2 to the EuropeanParliamentary Elections Regulations 1986 (application with modificationsof the Representation of the People Regulations 1986 ) there shall be inserted, after the entry in respect ofregulation 63, the following entry:
Regulation 63A (additional requirement for applicant no longerresident at qualifying address)
.
3
In the left-hand column of Part II of Schedule 2 to the EuropeanParliamentary Elections Regulations 1986 (application with modificationsof the Representation of the People (Scotland) Regulations 1986 ) there shall be inserted, after the entry in respect ofregulation 61, the following entry:
Regulation 61A (additional requirement for applicant no longerresident at qualifying address)
.
Kenneth Baker
One of Her Majesty’s Principal Secretaries of State
Home Office
22nd May 1991


text:
1
The Fees appearing in the Schedule to this Order are established. The Tables of the Schedule contain particulars of the Fees which are to be received, after the commencement of this Order, by the ecclesiastical judges and legal officers named in the Schedule for carrying out by them of the duties of their offices specified in the Schedule.
2
The Fees established and set out in Tables I, II , III , IV , V and VI of the Schedule to the Ecclesiastical Judges and Legal Officers (Fees) Order 1990 shall no longer be payable.
3
a
Subject to the provisions of this paragraph nothing in this Order shall preclude a diocesan board of finance from agreeing to pay an additional fee to a diocesan registrar by way of annual fee or retainer (hereinafter called a “supplementary annual fee”) which is in addition to the annual fee or fees prescribed by Order made under the Ecclesiastical Fees Measure 1986.
b
An agreement made under sub-paragraph (a) above shall be expressed to be an agreement for a payment by way of supplementary annual fee.
c
An agreement made under sub-paragraph (a) above shall be in writing. The period for which the agreement is to run shall be stated in the agreement. In the absence of any such statement the agreement shall remain binding until determined by not less than three months' notice on either side.
d
The body responsible for paying a supplementary annual fee shall be the diocesan board of finance.
4
A fee specified in the Schedule to this Order may be increased by a sum for reasonable expenses of travel, subsistence and accommodation.
5
Where Value Added Tax is chargeable in respect of the provison of any service for which a fee is prescribed in this Order there shall be payable in addition to that fee the amount of the Value Added Tax.
6
This Order may be cited as the Ecclesiastical Judges and Legal Officers (Fees) Order 1991 and shall come into operation on the first day of January 1992.
Dated this Tenth day of June 1991
R. B. Gibson
A. K. L. Black
J. C. Broadhurst
T. A. C. Coningsby
D. Lovelock
Approved by the General Synod
P. J. C. Mawer
Secretary-General
the 12th day of July 1991


text:
1
This Order may be cited as the Double Taxation Relief (Taxes on Income) (Iceland) Order 1991.
2
It is hereby declared —
a
that the arrangements specified in the Convention set out in the Schedule to this Order have been made with the Government of the Republic of Iceland with a view to affording relief from double taxation in relation to income tax, corporation tax or capital gains tax and taxes of a similar character imposed by the laws of Iceland;
b
that those arrangements include provisions with respect to the exchange of information necessary for carrying out the domestic laws of the United Kingdom and the laws of Iceland concerning taxes covered by the arrangements; and
c
that it is expedient that those arrangements should have effect.
G.I. de Deney
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the West Yorkshire Residuary Body (Winding Up) Order 1991 and shall come into force on 31st March 1991.
2
In this Order–
“the 1985 Act ” means the Local Government Act 1985;
“the Residuary Body ” means the West Yorkshire Residuary Body;
“ Bradford ” means the City of Bradford metropolitan district council;
“ Leeds ” means the City of Leeds metropolitan district council;
“ Wakefield ” means the City of Wakefield metropolitan district council;
“ the county ” means the county of West Yorkshire; and
“local council” means the council of a district in the county.
3
For the purpose of any provision of this Order which requires the payment or recovery of sums in the appropriate proportions,–
a
the appropriate proportion in relation to any council is the proportion equal to the proportion which the population of the area of that council bears to the population of the county; and
b
the population of an area means its relevant population as calculated in accordance with section 69 of the Local Government Finance Act 1988 .
Winding Up
2
On 31st March 1991 the Residuary Body shall be wound up and on that date–
a
any remaining functions, rights and liabilities of the Residuary Body relating to any contract of employment with that Body shall transfer to and vest in Bradford;
b
any functions, rights and liabilities of the Residuary Body arising under paragraph 3(2) of Schedule 13 to the 1985 Act shall transfer to and vest in Bradford;
c
any rights and liabilities of the Residuary Body in relation to
i
Yorkshire Enterprise Limited or any of its subsidiary companies or
ii
Pennine Investments (Holdings) Limited or any of its subsidiary companies
shall transfer to and vest in Leeds; and
d
any other remaining functions, property, rights and liabilities shall transfer to and vest in Wakefield.
Accounts
3
The functions transferred by article 2(d) include, in particular, any function under–
a
section 78 or 79 of the 1985 Act; and
b
Part III of the Local Government Finance Act 1982
which would, but for this Order, have fallen to be discharged on or after 31st March 1991 by the Residuary Body.
Apportionment
4
1
All sums received by Wakefield, Leeds or Bradford in consequence of the transfer by article 2 of any property or rights shall, after deduction of any relevant expenditure, be apportioned among the local councils in the appropriate proportions; and Wakefield, Leeds or Bradford, as the case may be, shall not later than the end of the financial year in which such sums are received, pay the appropriate proportion to each of the other local councils and shall retain the balance.
2
If in any financial year the aggregate in that year of the sums referred to in paragraph (1) is insufficient to meet any relevant expenditure for that year, that excess expenditure shall be apportioned among the local councils in the appropriate proportions; and the appropriate proportion shall be recoverable by Wakefield, Leeds or Bradford, as the case may be, from each of the other local councils.
3
In this article, “relevant expenditure” means expenditure attributable to this Order.
Continuity of the exercise of functions
5
1
Anything done by or in relation to (or having effect as if done by or in relation to) the Residuary Body in the exercise of or in connection with a function which by virtue of this Order becomes the function of Wakefield or Bradford shall so far as is required for continuing its effect on and after 31st March 1991 have effect as if done by or in relation to Wakefield or Bradford, as the case may be.
2
Without prejudice to the generality of paragraph (1), that paragraph applies to the making of any application, decision or determination; to the giving of any notice; to the entering into of any agreement of other instrument; and to the bringing of any action or proceeding.
3
Any pending action or proceeding may be amended in such a manner as may be appropriate in consequence of this Order.
Complaints of maladministration by Residuary Body
6
1
The Parliamentary Commissioner may investigate or, as the case may be, continue to investigate a complaint of maladministration by the Residuary Body arising in relation to any functions, property, rights or liabilities transferred by this Order.
2
In relation to any such investigation begun or continued on or after 31st March 1991, the Parliamentary Commissioner Act 1967 shall apply as if for any reference to the proper officer of the Residuary Body there were substituted–
a
where the complaint relates to the exercise of a function which by virtue of this Order becomes a function of Bradford, a reference to the proper officer of Bradford;
b
where the complaint relates to rights or liabilities, which by virtue of this Order vest in a local council, a reference to the proper officer of that council; or
c
in any other case, a reference to the proper officer of Wakefield
and as if any specified action had been taken by Bradford, or, as the case may be, by the local council or by Wakefield.
Disputes
7
In the event of a dispute between any of the local councils as to the amount of any expenditure recoverable by Bradford, Leeds or Wakefield pursuant to this Order, the matter shall be determined by an arbitrator appointed by the Secretary of State; and section 31 of the Arbitration Act 1950 shall have effect in relation to the arbitration as if it were an arbitration to which that section applies.
Miscellaneous
8
The Local Government Reorganisation (Capital Money) (Metropolitan Counties) Order 1986 and the Local Government Reorganisation (Capital Money) (West Yorkshire) (Amendment) Order 1990 are hereby revoked.
Signed by authority of the Secretary of State for the Environment
Michael Portillo
Minister of State,
Department of the Environment
7th March 1991


text:
1
The new highway which the Secretary of State proposes to construct along the route described in Schedule I to this Order (the highway along this route being in this Order referred to as “the new trunk road”) 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 new trunk road is opened for the purpose of through traffic.
4
The Secretary of State is authorised to construct the bridge specified in Schedule 2 to this Order as part of the new trunk road.
5
In this Order: —
1
all measurements of distance, other than in Schedule 2, are measured along the route of the relevant highway;
2
i
“the deposited plan” means the plan numbered HA 10/2SWM63 marked “The A39 Trunk Road (Wadebridge Bypass) Order 1991”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London, SWIP 3PY;
ii
“the new trunk road” means the highway mentioned in article 1 of this Order; and
iii
“the trunk road” means the A39 Trunk Road.
6
This Order shall come into force on 4th April 1991 and may be cited as the A39 Trunk Road (Wadebridge Bypass) Order 1991.
Signed by authority of the Secretary of State for Transport
Elizabeth Hopkins
Regional Director, South West Region,
Department of Transport
7th March 1991


text:
Citation, commencement, extent and interpretation
1
–
1
These Regulations may be cited as the Education (Financial Delegation for Primary Schools) Regulations 1991 and shall come into force on 30th September 1991.
2
These Regulations extend to England only.
3
In these Regulations “ the Act ” means the Education Reform Act 1988.
Amendments to the Act
2
–
1
Section 39(1) of the Act is amended by the omission of the word “secondary”.
2
The other provisions of section 39 and the provisions of section 51 of the Act, being provisions in which amendments appear to the Secretary of State to be required in consequence of the amendment made by paragraph (1) above, are amended as follows–
a
by the omission of subsections (2), (3), (4)(b) and (6) to (9) of section 39;
b
by the omission in subsection 4(a) of section 39 of the words “in relation to a secondary school required to be covered by the scheme in any financial year”; and
c
by the omission of subsection (7) of section 51.
3
Paragraph 2 of Schedule 4 to the Act is amended by the omission in sub-paragraph (6) of the words “which is a secondary school” and of sub-paragraph (7).
Michael Fallon
Parliamentary Under Secretary of State,
Department of Education and Science
20th August 1991


text:
1
For Schedule 3 to the A406 London North Circular Trunk Road (East London River Crossing (A13 to A2) Supplementary Trunk Road and Slip Roads) Order 1988 there is substituted: —
SCHEDULE 3
A route to connect the south bound carriageway of the main new trunk road with the South Woodford to Barking Relief Road and A13 Interchange at Beckton in the London Borough of Newham and given the reference number 5 on the deposited plan.
and on the deposited plan to that order the slip road given the reference number 4 and that part of the slip road given the reference number 2 from the northern end of that slip road to the southern end of the new slip road described in paragraph (v) in the Schedule to this Order shall be disregarded.
2
The new highways which the Secretary of State proposes to construct along the routes described in the Schedule to this Order (the highways along these routes being in this Order referred to as “the slip roads”) to connect to the main new trunk road shall become trunk roads as from the date when this Order comes into force. The centre line of each of the slip roads is indicated by zebra hatching on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of any of the slip roads that —
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purpose of through traffic.
4
In this Order: —
1
All measurements of distance are measured along the route of the relevant highway;
2
i
“the deposited plan” means the plan numbered LRO 64/66/2/01–2, marked “The A406 London North Circular Trunk Road (East London River Crossing (A13 to A2) Slip Roads) Order 1991”, signed by authority of the Secretary of State and deposited at the Department of Transport; Romney House, 43 Marsham Street, London SW1P 3PY; and
ii
“the main new trunk road” has the same meaning as in article 1(a) of the A406 London North Circular Trunk Road (East London River Crossing (A13 to A2) Supplementary Trunk Road and Slip Roads) Order 1988 ;
5
This Order shall come into force on 17th October 1991 and may be cited as the A406 London North Circular Trunk Road (East London River Crossing (A13 to A2) Slip Roads) Order 1991.
Signed by authority of the Secretary of State for Transport
I Yass
A Grade 3 Officer in the
Department of Transport
8th October 1991


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Valuation for Rating (Former Enterprise Zones) Regulations 1991 and shall come into force on 20th March 1991.
2
For the purposes of these Regulations —
a
“list” means local non-domestic rating list;
b
“the relevant day” means the day by reference to which, in accordance with paragraph 2(3) of Schedule 6, a rateable value is to be determined;
c
a “relevant period”, in relation to a relevant hereditament —
i
begins on the day on which the hereditament ceases to form part of an enterprise zone, and
ii
ends immediately before the day on which a new list is compiled;
d
“relevant hereditament” means a hereditament all or part of which ceases to form part of an enterprise zone;
e
“Schedule 6” means Schedule 6 to the Local Government Finance Act 1988; and
f
references to enterprise zones are to zones designated under paragraph 5 of Schedule 32 to the Local Government, Planning and Land Act 1980 .
Hereditaments wholly or partly within former enterprise zones
2
In the case of a relevant hereditament in relation to which, during a relevant period, a rateable value fails to be entered in a list, or a rateable value entered in a list falls to be altered, it shall be assumed, in applying paragraph 2(1) to (7) of Schedule 6 in relation to so much of the hereditament as was situated within an enterprise zone, that on the relevant day no area had been designated as an enterprise zone.
Michael Heseltine
Secretary of State for the Environment
19th February 1991
David Hunt
Secretary of State for Wales
19th February 1991


text:
1
This Order may be cited as the Merchant Shipping (Categorisation of Registries of Overseas Territories) (Amendment) Order 1991 and shall come into force on 25th July 1991.
2
The Merchant Shipping (Categorisation of Registries of Overseas Territories) Order 1991 is hereby amended by inserting in the Schedule “Cayman Islands” after “Bermuda” in column 4 of category 1 (Unlimited tonnage and type).
G. I. de Deney
Clerk of the Privy Council


text:
1
This Order may be cited as the Stansted Airport London (Cargo Area Designation)Order 1991 and shall come into force on 3rd January 1992.
2
In this Order–
“the deposited plan” means the plan marked “The Stansted Airport London (Cargo Area Designation) Order 1991”, signed by authority of the Secretary of State for Transport and deposited at the Department of Transport, Parliamentary Library, Room P3/001, 2 Marsham Street, London SW1P 3EB; and
“the said area” means the cargo storage and handling area at Stansted Airport – London, which is shown bounded by the inside edge of the red line on the deposited plan.
3
The said area is hereby designated for the purposes of section 27 of the Aviation Security Act 1982.
Signed by authority of the Secretary of State for Transport
Brabazon of Tara
Minister of State,
Department of Transport
5th December 1991


text:
1
This Order may be cited as the Public Telecommunication System Designation (Telecable of Macclesfield Limited) Order 1991 and shall come into force on 25th March 1991.
2
Each of the Applicable Cabled Systems is hereby designated as a public telecommunication system.
John Redwood
Minister of State,
Department of Trade and Industry
20th February 1991


text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Wearing ofSeat Belts in Rear Seats by Adults) Regulations 1991 and shall come intoforce on 1st July 1991.
General interpretation
2
1
In these Regulations —
“adult seat belt” means —
a three-point belt, or
a lap belt,
which has been marked in accordance with regulation47(7) of the Construction and Use Regulations ;
“child restraint” means a seat belt or any other description of restraining devicefor the use of a young person —
which is designed either to be fitted directly to a suitableanchorage or to be used in conjunction with an adult seat belt and heldin place by the restraining action of that belt; and
which has been marked in accordance with regulation 47(7) of theConstruction and Use Regulations;
and any reference to wearing a child restraint is to be construed accordingly;
“Construction and Use Regulations” means the Road Vehicles (Construction and Use) Regulations 1986 ;
“medical certificate”, in relation to a person, means a valid certificate signed by amedical practitioner to the effect that it is inadvisable on medicalgrounds for that person to wear a seat belt;
“rear seat” in relation to a vehicle means a seat not being the driver’s seat,a seat alongside the driver’s seat or a specified passenger seat
“trade licence” has the same meaning as in section 38(1) of theVehicles (Excise) Act 1971 ;
“disabled person’s belt”,“lap belt”,“seat”,“specified passenger seat” and“three point belt” have the meanings given by regulation 47(8) of the Construction andUse Regulations.
2
Without prejudice to section 17 of the Interpretation Act 1978 , a reference to a provision of the Construction and UseRegulations is a reference to that provision as from time to timeamended or as from time to time re-enacted with or without modification.
3
For the purposes of these Regulations, a child restraint isappropriate, in relation to a child under the age of 14 years, if it isa child restraint appropriate to the weight of the child in accordancewith the indication of weight shown on the marking required underregulation 47(7) of the Construction and Use Regulations.
Application
3
These Regulations apply to every motor car which is not constructedor adapted to carry more than 8 passengers in addition to the driver.
Requirement for adults to wear seat belts
4
Subject to the following provisions of these Regulations, everyperson shall wear an adult seat belt if he is aged 14 years or more andriding in the rear of a motor car to which these Regulations apply.
Exemptions
5
1
The requirements of regulation 4 shall not apply to —
a
a person holding a medical certificate;
b
a person using a vehicle constructed or adapted for the delivery ofgoods or mail to consumers or addressees, as the case may be, whileengaged in making local rounds of deliveries or collections;
c
a constable protecting or escorting another person;
d
a person who is not a constable but is protecting or escortinganother person by virtue of powers the same as or similar to those of aconstable for that purpose;
e
a person in the service of a fire brigade and who is donningoperational clothing or equipment;
f
a person riding in a vehicle, being used under a trade licence, forthe purpose of investigating or remedying a mechanical fault in thevehicle;
g
a disabled person who is wearing a disabled person’s belt; or
h
a person riding in a vehicle which is taking part in a processionorganised by or on behalf of the Crown.
2
Without prejudice to paragraph (1)(h) above, the requirements ofregulation 4 do not apply to a person riding in a vehicle which istaking part in a procession held to mark or commemorate an event ifeither —
a
the procession is one commonly or customarily held in the policearea or areas in which it is being held, or
b
notice in respect of the procession was given in accordance withsection 11 of the Public Order Act 1986 .
3
The requirements of regulation 4 do not apply to a person riding ina vehicle if no adult seat belt is available for him.
Interpretation of reference to availability
6
1
An adult seat belt shall not be regarded as being available for aperson for the purposes of regulation 5(3) unless such a belt isregarded as available to him by virtue of paragraph (2) below.
2
Subject to paragraph (5) below, if any rear seat in a vehicle isprovided with an adult seat belt, that belt (“the relevant belt”) shall be regarded as available for a particular person (“the person in question”) for the purposes of regulation 5(3) unless —
a
another person is wearing the relevant belt;
b
a child under the age of 14 is occupying the seat and wearing achild restraint which is an appropriate child restraint for that child;
c
another person, being a person holding a medical certificate, isoccupying the seat;
d
a disabled person (not being the person in question) is occupyingthe seat and wearing a disabled person’s belt;
e
by reason of his disability, it would not be practicable for theperson in question to wear the relevant belt;
f
the person in question is prevented from occupying the seat by thepresence of a carry cot which is restrained by straps and in which thereis a child aged under1 year;
g
the person in question is prevented from occupying the seat by thepresence of a child restraint which could not readily be removed withoutthe aid of tools; or
h
in the case of a seat that is specially designed so that —
i
its configuration can be adjusted in order to increase the space inthe vehicle available for goods or personal effects, and
ii
when it is so adjusted the seat cannot be used as such,
the configuration is adjusted in the manner described insub-paragraph (i) and it would not be reasonably practicable for thegoods and personal effects being carried in the vehicle to be so carriedwere the configuration not so adjusted.
3
Paragraph (2)(b) or (d) above shall not apply unless the presence ofthe other person renders it impracticable for the person in question towear the relevant belt.
4
Paragraph (2)(f) above shall not apply if it would be reasonablypracticable for the carry cot to be carried in any other part of thevehicle where it could be restrained by straps so as to render itpracticable for the person in question to wear the relevant belt.
5
A seat belt shall not be regarded as available for any person forthe purposes of regulation 5(3) if —
a
it has an inertia reel mechanism which is locked as a result of thevehicle being, or having been, on a steep incline, or
b
it does not comply with the requirements of regulation 48 of theConstruction and Use Regulations.
6
A seat belt shall be regarded as provided for a seat for thepurposes of this regulation if it is fixed in such a position that itcan be worn by an occupier of that seat.
Signed by authority of the Secretary of State for Transport.
Christopher Chope
Parliamentary Under Secretary of State,
Department of Transport
23rd May 1991


text:
1
This Order may be cited as the Double Taxation Relief (Taxes on Income) (Isle of Man) Order 1991.
2
It is hereby declared–
a
that the arrangements specified in the Arrangement set out in the Schedule to this Order which vary the arrangements set out in the Schedule to the Double Taxation Relief (Taxes on Income) (Isle of Man) Order 1955 , have been made with the Government of the Isle of Man with a view to affording relief from double taxation in relation to income tax or corporation tax and taxes of a similar character imposed by the laws of the Isle of Man; and
b
that it is expedient that those arrangements have effect.
G. I. de Deney
Clerk of the Privy Council


text:
1
These Regulations may be cited as the Local Authorities (Capital Finance) (Approved Investments) (Amendment) Regulations 1991 and shall come into force on 1st April 1991.
2
The Local Authorities (Capital Finance) (Approved Investments) Regulations 1990 shall be amended as follows–
a
for regulation 3 there shall be substituted the following regulation–
3
1
Any investment mentioned in regulation 2 shall be approved for the purposes of Part IV of the Local Government and Housing Act 1989 in relation to the local authority making the investment only if–
a
the investment is denominated in sterling and any payments or repayments in respect of the investment are payable only in sterling;
b
any consideration received by the authority in respect of the investment is wholly in money paid to the authority; and
c
in the case of the investments mentioned in paragraphs (b) to (d) and (i) of regulation 2, other than deposits made with the Bank of England or certificates of such deposits, either paragraph (2) or paragraph (3) below applies.
2
This paragraph applies where the local authority making the investment may require it to be repaid or redeemed–
i
without notice by the authority;
ii
at less than twelve months' notice by the authority; or
iii
within twelve months of the date on which the investment was made.
3
This paragraph applies where–
a
the local authority making the investment may require it to be repaid or redeemed–
i
at less than five years' notice by the authority; or
ii
within five years of the date on which the investment was made; and
b
the making of the investment by the authority does not cause the total value of the authority’s longer-term investments in or with any one person to exceed 25 per cent. of the value of all their longer-term investments at the time the investment is made; and
c
the authority making the investment–
i
at the beginning of the financial year in which the investment is made, have a credit ceiling, as determined under Part III of Schedule 3 to the Local Government and Housing Act 1989, which is nil or a negative amount; and
ii
at the time the investment is made, have no money outstanding by way of borrowing other than short-term borrowing (within the meaning of section 45(6) of the Local Government and Housing Act 1989) or borrowing which was undertaken under section 5 of the City of London (Various Powers) Act 1924.
4
In paragraph (3) above, “longer-term investment” means any investment –
a
which is mentioned in paragraphs (b) to (d) and (i) of regulation 2, other than deposits made with the Bank of England or certificates of such deposits; and
b
which the authority are not entitled to require to be repaid or redeemed–
i
without notice by the authority; or
ii
at less than twelve months' notice by the authority; or
iii
within twelve months of the date on which the investment was made.
;
b
at the end of Part I of the Schedule there shall be added–
13
The European Bank for Reconstruction and Development.
; and
c
at the end of Part II of the Schedule there shall be added–
25
Nuclear Electric PLC.
26
Scottish Nuclear Limited.
27
The United Kingdom Atomic Energy Authority.
.
Michael Heseltine
Secretary of State for the Environment
28th February 1991
David Hunt
Secretary of State for Wales
7th March 1991


text:
1
This Order may be cited as the Electricity Act 1989 (Scottish Power plc) Extinguishment of Loans Order 1991 and shall come into force on 29th April 1991.
2
Any liability of Scottish Power plc, 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 vested in that company by virtue of section 67(4) of the Electricity Act 1989, is hereby extinguished.
lan Lang
One of Her Majesty’s Principal Secretaries of State
St. Andrew’s House,
Edinburgh
26th March 1991


text:
Citation and commencement
1
This Order may be cited as The Free Zone (Southampton) Designation Order 1991 and shall come into force on 6th August 1991.
Designation of area as free zone
2
1
An area of 6.8 acres, in the City of Southampton, Hampshire, shown enclosed by a red line on a map (in this article referred to as “the map”), being of a scale of 25 inches to a mile, and signed by a Collector of Customs and Excise, shall be a free zone.
2
The map shall be kept by the Commissioners at their Headquarters, New King’s Beam House, 22 Upper Ground, London SE1 9PJ and a copy thereof at the offices of the responsible authority.
3
The map or the copy thereof may, on application, be inspected by members of the public at reasonable hours without charge.
Appointment of responsible authority
3
The responsible authority for the free zone shall be Southampton Free Trade Zone Limited whose Registered Office is at 150 Holborn, London EC1N 2LR.
Period of validity of Order
4
This Order shall have effect for a period of 10 years from the date of coming into force.
Conditions imposed on responsible authority
5
The responsible authority shall–
a
maintain an office in the free zone or at such other place as the Commissioners may allow at which shall be kept any records, for which the responsible authority is responsible, relating to the free zone and the business carried on therein;
b
keep separate accounts in connection with the free zone;
c
provide such information in connection with the free zone and the operation thereof to any person authorised by the Treasury, as that person may reasonably require;
d
provide, free of expense to the Crown, such accommodation and facilities including furniture, fittings and equipment as the Commissioners may reasonably require and such accommodation and facilities shall be properly maintained, heated, lighted, ventilated and kept clean by the responsible authority;
e
provide, free of expense to the Crown, such area of land within the free zone as the Commissioners may reasonably require for the examination of goods and vehicles and shall provide and maintain such appliances and afford such other facilities which are reasonably necessary to enable an account to be taken of any goods or make any examination or search;
f
not permit a person to establish or carry on any trade or business in the free zone unless that person is authorised by the Commissioners to carry on such a trade or business in the free zone.
Health and safety
6
Without prejudice to the responsibilities of persons occupying premises within the free zone, the responsible authority shall ensure that the working conditions within the free zone are safe and without risk to the health and safety of persons employed by the Commissioners and shall comply with any requirements concerning health and safety imposed by any competent authority.
Thomas Sackville
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
24th July 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Leeds General Infirmary and Associated Hospitals National Health Service Trust (Change of Name) Order 1991 and shall come into force on 1st August 1991.
2
In this Order unless the context otherwise requires —
“ the Order ” means the Leeds General Infirmary and Associated Hospitals National Health Service Trust (Establishment) Order 1990 ; and
“ the trust ” means the NHS trust established by the Order.
Change of Name of NHS Trust
2
The trust shall be called the United Leeds Teaching Hospitals National Health Service Trust instead of Leeds General Infirmary and Associated Hospitals National Health Service Trust and accordingly —
a
in article 1 of the Order, in the definition of “the trust”, for the words from “The Leeds” to “Trust” there shall be substituted the words “the NHS trust” and
b
in article 2 of the Order for the words after from “the Leeds” to the word “Associated” there shall be substituted the words “the United Leeds Teaching”.
Transitional Provisions
3
The change of name under this Order shall not —
a
affect any right or obligation of any person;
b
be taken as invalidating any instrument (whether made before, on or after the day on which this Order comes into force) which refers to the trust by its previous name,
and all documents and instruments which refer to the trust under its previous name shall be construed as referring to it under its new name.
Signed by authority of the Secretary of State for Health.
Virginia Bottomley
Minister of State,
Department of Health
11th July 1991


text:
1
This Order may be cited as the Foreign Fields (Specification) Order 1991.
2
In this Order, “the Odin Field” means the hydrocarbon accumulation within the boundary defined by lines of latitude and longitude joining the surface co-ordinates set out in the Schedule hereto.
3
The Odin Field, being an area which is not under the jurisdiction of the government of the United Kingdom, is hereby specified as a foreign field for the purpose of the Act.
Colin Moynihan
Parliamentary Under Secretary of State,
Department of Energy
22nd August 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Heatherwood and Wexham Park Hospitals' National Health Service Trust (Establishment) Order 1991 and shall come into force on 1st November 1991.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of or Schedule 1 to the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 1st November 1991;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Heatherwood and Wexham Park Hospitals' 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 Heatherwood and Wexham Park Hospitals' 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 provided at Wexham Park Hospital, Wexham, Slough, Berkshire SL2 4HL and associated hospitals;
b
to manage community health services provided from Wexham Park Hospital, Wexham, Slough, Berkshire SL2 4HL and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1992.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The East Berkshire 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 East Berkshire 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 East Berkshire 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
21st October 1991


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Graduated Retirement Benefit) Amendment Regulations 1991 and shall come into force on 24th December 1991.
Amendment of Regulations
2
At the end of regulation 2 of the Social Security (Graduated Retirement Benefit) ( No. 2) Regulations 1978 , there shall be added the words “as if that amount and those increases were included in the sums mentioned in subsections (1) and (3) of the said section 63 and graduated retirement benefit were a relevant benefit within the definition of “relevant benefit” in subsection (6) of the said section 64.”
Signed by authority of the Secretary of State for Social Security.
Henley
Parliamentary Under-Secretary of State,
Department of Social Security
3rd December 1991


text:
Citation and Commencement
1
These Regulations may be cited as the Income Tax (Sub-contractors in the Construction Industry) (Amendment) Regulations 1991 and shall come into force on 19th May 1991.
Interpretation
2
In these Regulations “the Principal Regulations ” means the Income Tax (Sub-contractors in the Construction Industry) Regulations 1975 and “Regulation” means a regulation of those Regulations.
Amendments to the Principal Regulations
3
In Regulation 2(1) after “income tax month” there shall be inserted
“income tax period”
“income tax quarter”.
4
For Regulation 7 there shall be substituted —
Monthly payment of amounts deducted to Collector
7
Subject to Regulations 7A and 8A(8), the contractor shall pay to the Collector within 14 dats of the end of every income tax month all amounts which he was liable under section 559 of the Income and Corporation Taxes Act 1988 to deduct from payments made by him during that incometax month.
Quarterly payment of amounts deducted to Collector
7A
1
Subject to Regulation 8A(8), where the contractor has reasonable grounds for believing that the condition specified in paragraph (2) applies and so chooses, he shall pay to the Collector within 14 days of the end of every income tax quarter all amounts which he was liable under section 559 of the Income and Corporation Taxes Act 1988 to deduct from payments made by him during that income tax quarter.
2
The condition specified in this paragraph is that the average monthly total amount to be paid to the Collector under —
a
the Income Tax (Employments) Regulations 1973 ,
b
the Social Security Act 1975 and the Social Security (Contributions) Regulations 1979 or, as the case may be, the Social Security (Northern Ireland) Act 1975 and the Social Security (Contributions) Regulations (Northern Ireland) 1979 , and
c
Regulation 7,
will be less than £400 for income tax months falling within the current year.
Payment of amounts deducted to Collector — further provisions
7B
1
The Collector shall, if so requested, give a receipt to the contractor for the total amount paid under Regulation 7 or 7A; but if a receipt is given for a total sum paid at the same time which includes that amount and also tax deducted under the Income Tax (Employments) Regulations 1973, or earnings related contributions, or both, then no seperate receipt for the total amount so paid need be given.
2
If the amount specified in Regulation 7 of 7A(1) which a contractor is liable to pay to the Collector exceeds the amount, if any, actually deducted by him from payments made during the relevant income tax period but he satisfies the Collector that he took reasonable care to comply with the provisions of section 559 of the Income and Corporation Taxes Act 1988 and of these Regulations and that either —
a
the under-deduction or failure to make a deduction was due to an error made in good faith, or
b
in spite of such reasonable care as aforesaid, he had been led to the genuine belief that a payment made by him, which was one to which section 559 of the Income and Corporation Taxes Act 1988 applies, was not or was not wholly such a payment,
then the Collector may direct that the contractor shall not be liable to pay the said excess to the Collector.
3
If the amount specified in Regulation 7 or 7A(1) which a contractor is liable to pay to the Collector exceeds the amount, if any, actually deducted by him from payments made during the relevant income tax period but the Inspector (whether or not an assessment under Regulation 12 has been made) is satisfied that the person to whom the contractor made such payments either —
a
was not chargeable to income tax or corporation tax in respect of those payments, or
b
has made a return of his income or profits in accordance with section 8 or section 11 of the Taxes Management Act 1970 , in computing which income or profits those payments were taken into account, and paid the income tax and Class 4 contributions due or corporation tax due in respect of such income or profits,
then the Inspector shall, if the contractor so requests, direct that the contractor shall not be liable to pay the said excess (or any interest in respect of it) to the Collector.
4
If a contractor is aggrieved by the failure of a Collector to make a direction under paragraph (2), he may, by notice in writing to the Collector within thirty days after the date of a notice given after 19th April of a refusal by the Collector to make such a direction, appeal to the General Commissioners against such refusal.
5
In Regulation 8 —
a
for the word “month” wherever it appears there shall be substituted the word “period”;
b
in paragraphs (1) and (3) after “Regulation 7” there shall be inserted “or 7A”;
c
in paragraph (1) for the words “that Regulation” there shall be substituted the words “those Regulations”;
d
in paragraph (2) for the word “months” wherever it appears there shall be substituted the word “periods”.
6
In Regulation 8A —
a
for the word “month” whever it appears there shall be substituted the word “period”;
b
after “Regulation 7” wherever appearing there shall be inserted “or 7A”;
c
in paragraph (5) for the word “months” wherever it appears there shall be substituted the word “periods”.
7
In Regulation 9 —
a
in paragraph (1) after “Regulation 7” there shall be inserted “or 7A”;
b
for the word “month” wherever it appears there shall be substituted the word “period”.
8
In Regulation 11 for the words “income tax months” wherever they appear there shall be substituted the words “income tax periods”.
A. J. G. Isaac
T. J. Painter
Two of the Commissioners of Inland Revenue
25th April 1991


text:
1
This Order may be cited as the International Organisations (Tax Exempt Securities) Order 1991.
2
The following international organisation is designated for the purposes of section 126 of the Finance Act 1984 and section 324 of the Income and Corporation Taxes Act 1988–
The European Bank for Reconstruction and Development
Thomas Sackville
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
16th May 1991


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service Trusts (Consultation on Dissolution) Regulations 1991 and shall come into force on 1st July 1991.
2
In these Regulations, unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“dissolution order” means an order under paragraph 29 of Schedule 2 to the Act dissolving an NHS trust;
“relevant Community Health Council” means, in relation to an NHS trust, the Community Health Council for the district or part of the district in which the hospital, establishment or other facility in respect of which the NHS trust was established, is situated;
“relevant Regional Health Authority” means, in relation to an NHS trust, the Regional Health Authority in whose region the hospital, establishment or other facility, in respect of which the NHS trust was established, is situated.
Consultation
2
1
Subject to paragraph (3) of this regulation, for the purposes of paragraph 29(3) of Schedule 2 to the Act, the prescribed consultation which, except in cases of urgency, must be completed before the Secretary of State may make a dissolution order shall be —
a
where the dissolution order is to be made pursuant to paragraph X29(2)(a) of Schedule 2 to the Act (on the application of the NHS trust concerned), consultation by that NHS trust with the relevant Community Health Council the results of which shall, within such a period, if any, as the Secretary of State may determine, be reported by the NHS trust to the Secretary of State;
b
where the dissolution order is to be made pursuant to paragraph 29(2)(b) of Schedule 2 to the Act (where the Secretary of State considers it appropriate in the interests of the health service), consultation by the Secretary of State with the relevant Community Health Council.
2
Where a dissolution order is to be made in respect of two or more NHS trusts, the consultation prescribed by paragraph (1)(a) above may be undertaken jointly by the NHS trusts concerned.
3
Where a dissolution order is to be made pursuant either to paragraph 29(2)(a) or to paragraph 29(2)(b) of Schedule 2 to the Act and the Secretary of State is considering whether to make an order under section 5(1) of the Act to establish an NHS trust to which he proposes to transfer, by an order under paragraph 30 of Schedule 2 to the Act, the property, rights and liabilities of the NHS trust which is to be dissolved, the prescribed consultation which, except in cases of urgency, must be completed before the Secretary of State may make a dissolution order shall be —
a
where the hospital, establishment or facility in respect of which the NHS trust was established is situated in England, consultation by the relevant Regional Health Authority with the relevant Community Health Council, which may be combined with the consultation required by section 5(2) of the Act and the results of which shall, within such period, if any, as the Secretary of State may determine, be reported to the Secretary of State; or
b
where the hospital, establishment or facility in respect of which the NHS trust was established is situated in Wales, consultation by the Secretary of State with the relevant Community Health Council which may be combined with the consultation required by section 5(3) of the Act.
William Waldegrave
Secretary of State for Health
6th June 1991
David Hunt
Secretary of State for Wales
7th June 1991


text:
1
This Order may be cited as the A1 Trunk Road (Islington) Red Route Experimental Traffic (Amendment) (No.2) Order 1991 and shall come into force on 21st December 1991.
2
1
The A1 Trunk Road (Islington) Red Route Experimental Traffic Order (No.2) 1990 shall be amended as follows.
2
Schedule 3 shall be amended in accordance with Schedule 1 to this Order.
3
Schedule 4 shall be amended in accordance with Schedule 2 to this Order.
Signed by authority of the Secreatry of State for Transport
P. E. Butler
Assistant Secretary, London Regional Directorate to the
Department of Transport
11th December 1991


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Indicative Amounts) Regulations 1991 and shall come into force on 1st April 1991.
2
In these Regulations, unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“the Drug Tariff” means the statement published and from time to time amended under regulation 28 of the National Health Service (General Medical and Pharmaceutical Services) Regulations 1974 ;
“listed appliance” means an appliance which is included in a list for the time being approved by the Secretary of State for the purposes of section 41 of the National Health Service Act 1977;
“manufacturer’s list price” means the price the manufacturer of a drug or medicine or his agent from time to time publishes as being the price of that drug or medicine;
Basic price of drugs, medicines and listed appliances
2
1
For the purposes of section 18 of the Act (indicative amounts for doctors' practices), the basic price of a drug, medicine or listed appliance shall be calculated in accordance with the following paragraphs of this regulation.
2
Where the name of a drug or medicine is listed in the Drug Tariff in a list which specifies a price for a specified quantity of that drug or medicine, the basic price of that drug or medicine shall be the price so specified on the date on which the drug or medicine is supplied.
3
Where the name of a drug or medicine is not listed in the Drug Tariff the basic price of that drug or medicine shall be the manufacturer’s list price on the date the drug or medicine is supplied.
4
The basic price of a listed appliance shall be the price of the appliance listed in the Drug Tariff on the date the appliance is supplied.
Application of section 18 of the Act to practices with members on the list of a Health Board
3
In relation to a practice of which a member is on the medical list of a Health Board as well as on that of a Family Health Services Authority, section 18 of the Act shall operate subject to the modification that at the end of subsection (2) there shall be added the words
or with respect to a practice where —
a
at least one member of the practice is on the medical list of a Health Board as well as on that of a Family Health Services Authority, and
b
more patients on the lists of the members of the practice reside in Scotland than in England
.
Signed by the authority of the Secretary of State for Health.
Virginia Bottomley
Minister of State,
Department of Health
8th March 1991


text:
Citation and commencement
1
This Order may be cited as the Sealink (Transfer of Fishbourne Terminal) Harbour Revision Order 1991 and shall come into force on 22nd January 1991.
Interpretation
2
1
In this Order, unless the context otherwise requires —
“the Company” means Wightlink Limited;
“the day of transfer” means the day after the day on which expires a period of four weeks beginning with the day on which this Order comes into force;
“enactment” means any Act or any order or scheme made under an Act;
“Sealink” means Sealink Harbours Limited;
“the transferred harbour” means the harbour at Fishbourne in the Isle of Wight which immediately before the day of transfer is being improved, maintained or managed by Sealink (or by the Company as agent for Sealink) under sections 36 to 59 of the British Railways Act 1981 ;
“Trinity House” means the Corporation of Trinity House of Deptford Strond.
2
In this Order a reference to the undertaking of Sealink at the transferred harbour is a reference to the powers, duties, property, rights and liabilities of Sealink in relation to that harbour which are transferred by this Order.
Designation of Company as harbour authority
3
On the day of transfer the Company shall become the harbour authority for the transferred harbour and Sealink shall cease to be the harbour authority for that harbour.
Transfer of functions, property etc.
4
1
On the day of transfer all property vested in Sealink comprising, or held by it for the purposes of, the transferred harbour and all rights and liabilities incurred by it for the purposes of the transferred harbour shall be transferred to and vested in the Company.
2
On the day of transfer the powers and duties conferred or imposed on Sealink by sections 36 to 59 of the British Railways Act 1981 (together with definitions in section 35 of that Act of expressions used in the said sections 36 to 59 so far as such definitions relate to the transferred harbour) and any such other statutory provision of local application so far as it relates to the transferred harbour, shall, with any necessary modifications, apply in relation to the Company as if for references to Sealink there were substituted (unless the context otherwise requires) references to the Company.
Saving of byelaws etc.
5
As from the day of transfer any byelaw, regulation, licence or consent made, issued or granted by Sealink in relation to the transferred harbour and in force immediately before that day shall notwithstanding the making of this Order continue in force and shall be deemed to have been made, issued or granted by the Company.
Saving of agreements etc.
6
All sales, conveyances, leases, grants, assurances, deeds, contracts, bonds, agreements, notices and demands affecting the undertaking of Sealink at the transferred harbour and in force immediately before the day of transfer (other than any lease or deed the parties to which include both Sealink and the Company) shall (in so far as they relate to that undertaking) on and from that day be as binding and of as full force and effect in every respect and may be enforced as fully and effectively against or in favour of the Company as if (except in any case where the Company as agent for Sealink is already a party thereto, or bound thereby or entitled to the benefit thereof) the Company instead of Sealink had been a party thereto or bound thereby or entitled to the benefit thereof.
Continuance of proceedings
7
Nothing in this Order shall release, discharge or suspend any action, arbitration or other proceeding, or any cause of action, arbitration or other proceeding, pending or existing immediately before the day of transfer by or in favour of or against Sealink or by or in favour of or against the Company as agent for Sealink, in relation to Sealink’s undertaking at the transferred harbour and any such action, arbitration or proceeding or cause of action, arbitration or proceeding (other than an action arbitration or proceeding which is or may be an issue between Sealink and the Company or Sea Containers Ltd. ) may be maintained, prosecuted or continued by or in favour of or against the Company and may be amended in such manner as may be necessary for that purpose.
Charges
8
1
On and after the day of transfer the Company shall in the exercise of statutory powers and duties at the transferred harbour, have power to make such reasonable charges for its services and facilities as it thinks fit.
2
This article does not apply in relation to —
a
ship, passenger and goods dues; or
b
charges ascribable to the running of a ferry service in or from a harbour;
and does not authorise the making or any charge in a case where an enactment relating to the transferred harbour expressly provides for freedom from charges or otherwise prohibits the making of any charge.
3
The provisions of sections 27 to 32 and 34 to 48 of the Harbours, Docks and Piers Clauses Act 1847 (which provide for various matters connected with liabilities for and collection of the rates to be taken by undertakers) as incorporated with or applied by any enactment relating to the transferred harbour apply to charges under this article as if they were rates payable under that enactment.
Diposal of property no longer required for the transferred harbour
9
On and after the day of transfer the Company, in respect of property vested in it and held for the purposes of the transferred harbour which is no longer required for those purposes, may dispose of such manner, whether by way of sale, exchange, lease, the creation of any easement, right or privilege or otherwise, for such period, upon such conditions and for such consideration as it thinks fit.
Saving for Trinity House
10
None of the provisions of this Order shall prejudice or derogate from any of the powers, rights, duties or privileges of Trinity House.
Signed by authority of the Secretary of State for Transport
H.B. Wenban-Smith
An Under Secretary in the
Department of Transport
21st January 1991.