text:
PART I
GENERAL
Citation, commencement and scope
1
1
These Regulations may be cited as the Medicines (Fees Relating to Medicinal Products for Animal Use) Regulations 1991 and shall come into force on 3rd April 1991.
2
These Regulations apply only to fees payable —
a
in connection with applications for the grant, variation or renewal of licences or certificates under Part II of the Act relating wholly or partly to medicinal products for animal use;
b
in respect of inspections made in connection with applications for the grant, renewal or variation of, or during the currency of any such licence or certificate; or
c
in respect of any reference to the Veterinary Products Committee or to the Medicines Commission in connection with an application for the grant of a product licence under Part II of the Act relating wholly or partly to medicinal products for animal use.
Interpretation
2
1
In these Regulations, unless the context requires otherwise —
“the Act” means the Medicines Act 1968 ;
“annual fee” in relation to any product licence means the appropriate amount calculated in accordance with the provisions of Part II of Schedule 4;
“biological medicinal product” includes an antigen, toxin, antitoxin, toxoid serum, antiserum or vaccine or a fraction of any such product;
“capital fee” means any fee (other than an annual fee) payable under the provisions of these Regulations;
“emergency vaccines” means vaccines manufactured or assembled only from material obtained from the particular animal, flock or herd intended to be vaccinated in circumstances in which no other suitable licensed vaccines are readily available for such use;
“inactive biological medicinal product” means a product which is not currently being manufactured or sold and in respect of which there is no current intention to recommence the manufacture or sale;
“licence year” means the period beginning with the first day of April and ending with the last day of March of the year next ensuing;
“medicinal product” includes any substance or article specified in any Order made under (1) section 104 or 105(1)(a) of the Act which directs that Part II of the Act shall have effect in relation to such substance or article; or (ii) section 130(3A) of the Act which provides that such substance or article shall be treated as a medicinal product.
2
In these Regulations any reference to a regulation or a Schedule shall be construed as a reference to a regulation contained in these Regulations, or as the case may be, to a Schedule thereto, and any reference in a regulation or a Schedule to a paragraph shall be construed as a reference to a paragraph of the regulation or, as the case may be, Schedule.
PART II
CAPITAL FEES FOR APPLICATIONS FOR LICENCES OR CERTIFICATES AND FOR INSPECTIONS IN CONNECTION THEREWITH
Applications for licences and certificates
3
Subject to regulations 19 and 21, in connection with an application for a product licence, a manufacturer’s licence, a wholesale dealer’s licence, an animal test certificate, an animal test (confirmation of exemption) certificate or any other certificate of exemption issued under the Act, there shall be payable by the applicant —
a
the fee prescribed in Part II of Schedule 1 in connection with that application;
b
in respect of any inspection of a description falling within paragraphs 1 or 5 of Schedule 2 made in connection with that application the fee payable in accordance with paragraphs 2, 3, 4 and 6 of that Schedule.
Applications for certificates for exports of medicinal products
4
1
In connection with an application for a certificate issued under section 50 of the Act, there shall be payable by the applicant —
a
if the applicant requests that the certificate be issued within one working day of receipt of the application, a fee of £100; or
b
in any other case, a fee of £50; and
c
in either case —
i
a fee of £10 for each certified copy of the original certificate requested by the applicant in excess of four, and
ii
a fee of £50 for each set of certificates requested by the applicant in addition to one.
2
In paragraph (1)(c)(ii) “set of certificates” means the original certificate plus up to four certified copies of that certificate.
PART III
FEES FOR APPLICATIONS FOR VARIATIONS OF LICENCES OR CERTIFICATES AND FOR INSPECTIONS IN CONNECTION THEREWITH
Variations of licences and certificates
5
Subject to regulations 6, 7, 19 and 21, in connection with an application under section 30 of the Act for the variation of a provision of a product licence, a manufacturer’s licence or a wholesale dealer’s licence, under section 39(4) In respect of an animal test certificate or an animal test (confirmation of exemption) certificate there shall be payable by the applicant —
a
the fee prescribed in Part III of Schedule 1; and
b
in respect of any inspection of a description referred to in paragraphs 1 or 5 of Schedule 2 made in connection with that application, the fee payable in accordance with paragraphs 2, 3, 4 and 6 of that Schedule.
Applications for multiple variations
6
A separate fee shall be payable in respect of each variation of each provision of a licence or certificate applied for in any one application except that no separate fee shall be payable in respect of any variation which is related to or is consequential upon another variation of a provision of the same licence or certificate which is applied for in the same application.
Variations at the invitation of the licensing authority
7
Where an application for a variation is made at the express written invitation of the licensing authority, no fee shall be payable under this Part of these Regulations.
PART IV
FEES FOR APPLICATIONS FOR RENEWALS OF LICENCES OR CERTIFICATES AND FOR INSPECTIONS IN CONNECTION THEREWITH
Renewal of licences and certificates
8
Subject to regulations 9, 19 and 21, in connection with an application under section 24(2) of the Act for renewal of a product licence, a manufacturer’s licence or a wholesale dealer’s licence, and under section 38(2) for an animal test certificate, there shall be payable by the applicant —
a
the appropriate fee prescribed in Part IV of Schedule 1; and
b
in respect of any inspection of a description referred to in paragraphs 1 or 5 of Schedule 2 made in connection with that application a fee payable in accordance with paragraphs 2, 3, 4 and 6 of that Schedule.
Renewals in terms which are not identical to the existing licence or certificate
9
Where an applicant applies for renewal of a licence, or as the case may be, an animal test certificate so as to contain provisions which are not identical to that licence or certificate as in force at the date of that application, the fee payable under this Part of these Regulations shall be increased by an amount equal to the fee which would have been payable under Part III of these Regulations had he made a separate application for each variation of that licence or certificate.
PART V
FEES FOR INSPECTIONS OF A SITE MADE DURING THE CURRENCY OF A LICENCE
Inspections of a site
10
1
Subject to paragraph (4) and to regulations 19 and 21, a fee in accordance with paragraphs 2, 3, 4 and 6 of Schedule 2 shall be payable in respect of any inspection of a site made during the currency of a product licence, a manufacturer’s licence or a wholesale dealer’s licence (except for any inspection in respect of which a fee is otherwise payable under Parts III or IV of these Regulations).
2
The fee payable under paragraph (1) in respect of an inspection of a site made during the currency of a manufacturer’s licence or a wholesale dealer’s licence shall be payable by the holder of the manufacturer’s licence or, as the case may be, the wholesale dealer’s licence.
3
Where a fee is payable under paragraph (1) in respect of an inspection of a site located outside the United Kingdom, the fee shall be payable in equal proportions by each holder of a product licence in which that site is named as a possible site for manufacture of the medicinal product in respect of which the product licence is granted.
4
No fee shall be payable in respect of any inspection of a site carried out within 6 months of a previous inspection in order to ascertain whether alterations or improvements to the premises concerned, which were required in writing by the licensing authority as the result of that previous inspection, have been implemented.
PART VI
ANNUAL FEES
Product licences — annual fee
11
1
Subject to paragraph (3) and regulation 21, in connection with any application for the grant or renewal of any product licence there shall be payable by the applicant an annual fee in respect of each calendar year during any part of which a product licence, granted or renewed in pursuance of the application is in force, or a product licence already held by the applicant, is or was in force.
2
The annual fee shall be calculated in accordance with Schedule 4.
3
The annual fee may be adjusted or refunded in any of the circumstances set out in Schedule 5.
PART VII
REFERENCES TO VETERINARY PRODUCTS COMMITTEE OR TO THE MEDICINES COMMISSION
Product licences and animal test certificates — references
12
Subject to regulation 19, in respect of any reference to the Veterinary Products Committee or to the Medicines Commission under section 21 of the Act in connection with a product licence or an animal test certificate, there shall be payable by the applicant at the time of the application the appropriate fee prescribed in Schedule 6.
PART VIII
ADMINISTRATION
Payment of fees to Ministers
13
Any sums which under the provisions of these Regulations become payable by way of, or on account of, fees shall be paid to one of the Agriculture Ministers specified in section 1(1)(b) of the Act as appropriate.
Time for payment of capital fees in connection with applications or inspections and refunds of such fees
14
1
Subject to paragraphs (2) and (3), all sums payable by way of capital fees under these Regulations in connection with any application shall be payable at the time of the application.
2
If, following either the determination of an application or an inspection, it becomes apparent that —
a
a lesser fee was properly payable, the excess shall be refunded to the applicant, or as the case may be, the holder of the licence or certificate concerned within 28 days of a request for a refund; or
b
a higher fee was properly payable, the balance due shall be payable within 28 days following written notice from the licensing authority to the applicant or, as the case may be, the holder of the licence or certificate concerned.
3
All sums payable by way of fees in respect of inspections made either in connection with an application or during the currency of a licence or certificate or in respect of samples submitted for testing shall become payable within 28 days following written notice from the licensing authority.
Time for payment of annual fees
15
All annual fees shall be payable during September of the licence year following the calendar year to which they relate.
Late payment of annual fees
16
1
Where an annual fee has not been paid by the holder or former holder of the licence by the end of the period of one month from the due date, a further fee, calculated in accordance with the provisions of the following paragraphs, shall be payable.
2
The further fee referred to in the preceding paragraph shall be an amount equivalent to 5 per cent. of the annual fee payable, in respect of every full calendar month during which the annual fee is not paid, rounded up to the nearest £10. Where the annual fee payable is less than £10, no such fee shall be payable.
3
Where the holder or former holder of a licence has not furnished evidence of his annual turnover in accordance with the provisions of Part I of Schedule 4 so that the annual fee payable in respect of a licence year cannot be determined before the due date, he may make a payment of an amount on account of the annual fee payable by him (in this regulation referred to as a “payment on account”).
4
Where the holder or former holder of a licence has made a payment on account in the circumstances mentioned in the preceding paragraph the further fee payable by him shall be calculated as if, in paragraph (2) above, the reference to the annual fee payable were to the difference between the payment on account and the amount of the annual fee as subsequently determined.
5
In this regulation —
a
“due date” means the date upon which an annual fee became payable following written notice from the licensing authority;
b
references to a period calculated from a day are references to the period inclusive of that day.
Suspension of licences
17
Where any sum due by way of, or on account of, any fee or any part thereof payable under these Regulations remains unpaid by the holder of a licence or certificate, the licensing authority may serve a notice on him requiring payment of the sum unpaid and, if after a period of one month from the date of service of such notice, or such longer period as the licensing authority may allow, the said sum remains unpaid, the licensing authority may forthwith suspend the licence or certificate until such sum has been paid.
Civil proceedings to recover unpaid fees
18
All unpaid sums due by way of, or on account of, any fees payable under these Regulations shall be recoverable as debts due to the Crown.
Waiver, reduction or refund of fees
19
The licensing authority may waive payment of, reduce any fee or part of a fee otherwise payable under these Regulations or refund the whole or part of any fee already so paid in exceptional circumstances or in any of the circumstances specified in Schedule 3.
PART IX
REVOCATION, SAVINGS AND TRANSITIONAL PROVISIONS
Revocation and savings
20
1
Subject to paragraph (2), the Medicines (Fees Relating to Medicinal Products for Animal Use) Regulations 1990 are hereby revoked.
2
Paragraph (1) shall not affect —
a
any annual fee or part of such a fee under the Regulations hereby revoked;
b
any notice given or any suspension made under the Regulations hereby revoked and any such notice or suspension shall have effect as if given or made under these Regulations; and
c
any proceedings instituted under the Regulations hereby revoked for the recovery of any fees due as debts due to the Crown.
Transitional provisions
21
1
Subject to paragraphs (2) and (3), these Regulations shall not apply to any application made before the date these Regulations come into force.
2
A fee shall be payable in respect of any inspection made or any product testing required after the date these Regulations come into force in connection with any application made before that date as if these Regulations applied to that application.
3
Where an application is made before the date these Regulations come into force to renew a licence or certificate which is due to expire on or after 1st July 1991 a fee shall be payable in accordance with Part IV of these Regulations in connection with that application within 28 days following written notice from the licensing authority.
Stephen Dorrell
Parliamentary Under Secretary of State for Health
6th March 1991
David Hunt
Secretary of State for Wales
6th March 1991
Strathclyde
Parliamentary Under Secretary of State, Scottish Office
5th March 1991
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
7th March 1991.
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland
F. A. Elliott
Permanent Secretary
7th March 1991.
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland
W. J. Hodges
Permanent Secretary
8th March 1991.
We consent,
Thomas Sackville
Gregory Knight
Two of the Lords Commissioners of Her Majesty’s Treasury
12th March 1991


type: legislation

jurisdiction: UK

text:
1
The length of the trunk road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road and shall be classified as a classified road as from the date on which the Secretary of State notifies the County council of Lincolnshire that the new trunk road is open for through traffic.
2
In this Order —
1
all measurements of distance are measured along the route of the trunk road;
2
i
“classified road” as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification in principal roads;
ii
“the deposited plan” means the plan numbered HA1O/EM 63 marked The A17 Trunk Road (Leadenham Bypass) (Detrunking) 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;
iii
“the new trunk road” means the trunk road to be constructed by the Secretary of State in pursuance of the A17 Trunk Road (Leadenham By-pass) Order 1991; and
iv
“the trunk road” means A17 Trunk Road.
8
This Order shall come into force on 4th April 1991 and may be cited as the A17 Trunk Road (Leadenham Bypass) (Detrunking) Order 1991.
Signed by authority of the Secretary of State for Transport
D. J. Morrison
Regional Director, East Midlands Region,
Department of Transport
20th March 1991


text:
1
These Regulations may be cited as the Valuation and Community ChargeTribunals (Amendment) (Allowances) (No.2) Regulations 1991 and shallcome into force on 11th June 1991 (“the operative date”).
2
Each provision of Schedule 2 to the Valuation and Community ChargeTribunals Regulations 1989 mentioned in the Table below shall be amended inrelation to approved duties (within the meaning of that Schedule)performed on or after the operative date by substituting, for the amountmentioned in the second column of the Table (“the original amount”), the amount mentioned in the third column in relation to thatprovision, wherever in that provision the original amount is mentioned.
TABLE
Provision Original Amount Substituted Amount
Paragraph 1, Table A £17.65 £19.25 £35.30 £38.50 Paragraph 5 27.3p 32.1p
Michael Heseltine
Secretary of State for the Environment
9th May 1991
David Hunt
Secretary of State for Wales
10th May 1991


text:
Title, commencement and interpretation
1
–
1
This Order may be cited as the Cod (Specified Sea Areas) (Prohibition of Fishing) (No. 2) Order 1991 and shall come into force on 1st July 1991.
2
In this Order–
“British fishing boat” means a fishing boat which is registered in the United Kingdom, the Isle of Man or any of the Channel Islands or which, not being so registered, is British-owned;
“length”, in relation to a boat, means the length calculated in accordance with the rules specified in Article 2(1) of Council Regulation ( EEC ) No. 2930/86 ;
“sea area” means a statistical sub-area or division of the International Council for the Exploration of the Sea tor the area known as CECAF Division 34.1.1 ( EC Zone) specified in the Schedule hereto.
Prohibition and exception
2
–
1
Subject to paragraph (2) below, fishing for cod (Gadus morhua)–
a
within any part of a sea area by any British fishing boat registered in the United Kingdom; or
b
within any part of a sea area which lies inside British fishery limits by any other British fishing boat,
is prohibited during the period beginning with the date of coming into force of this Order and ending immediately before 1st September 1991.
2
The prohibition in paragraph (1) above shall not apply to any boat whose length exceeds 10 metres, except in the case of any boat used wholly for the purpose of conveying persons wishing to fish for pleasure with rod and line or by handline.
Powers of British sea-fishery officers in relation to fishing boats
3
–
1
For the purpose of the enforcement of this Order a British sea-fishery officer may exercise the powers conferred by paragraphs (2) to (4) below–
a
anywhere in relation to any British fishing boat registered in the United Kingdom, and
b
in any waters adjacent to the United Kingdom and within British fishery limits in relation to any other British fishing boat.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) above and, in particular–
a
may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;
c
for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under section 5(1) or (6) of the Sea Fish (Conservation) Act 1967 as read with this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search; and
d
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in sub-paragraph (d) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that a contravention of this Order has at any time taken place within British fishery limits, he may–
a
require the master of the boat in relation to which the contravention took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 25th June 1991.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Strathclyde
Parliamentary Under Secretary of State, Scottish Office
24th June 1991
Wyn Roberts
Minister of State for Wales
24th June 1991
Peter Brooke
Secretary of State for Northern Ireland
26th June 1991


text:
1
This Order may be cited as the Superannuation (Scottish LegalServices Ombudsman) Order 1991 and shall come into force on 1st June1991.
2
The office of the Scottish legal services ombudsman is hereby addedto the offices listed in Schedule 1 to the Superannuation Act 1972.
3
Employment by the Scottish legal services ombudsman is hereby addedto the employments listed in that Schedule.
Thomas Sackville
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
9th May 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Town and Country Planning General Development (Amendment) Order 1991 and shall come into force on 31st July 1991.
2
In this Order “the 1988 Order ” means the Town and Country Planning General Development Order 1988 .
Article 1(7) land
2
After article 1(6) of the 1988 Order insert–
7
The land referred to elsewhere in this Order as article 1(7) land is the land described in Part 3 of Schedule 1 to this Order (land in listed counties).
Amendment of Schedule 1 to the 1988 Order
3
In Schedule 1 to the 1988 Order–
a
in Part 1 (article 1(5) land), for paragraph (c) substitute–
c
an area designated as a conservation area under section 69 of the Planning (Listed Buildings and Conservation Areas) Act 1990 ;
;
b
after Part 2 insert–
PART 3
ARTICLE 1(7) LAND
Land within the following counties–
Cleveland, Cornwall, Cumbria, Devon, Durham, Dyfed, Greater Manchester, Gwynedd, Humberside, Lancashire, Merseyside, Nor thumberland, North Yorkshire, South Yorkshire, Tyne and Wear, West Glamorgan, West Yorkshire.
Satellite antennae on or within the curtilage of a dwelling house
4
In Class H of Part 1 of Schedule 2 to the 1988 Order (satellite antennae on or within the curtilage of a dwellinghouse)–
a
for paragraph H.1 substitute–
H.1
Development is not permitted by Class H if–
a
the size of the antenna (excluding any projecting feed element, reinforcing rim, mountings and brackets) when measured in any dimension would exceed–
i
45 centimetres in the case of an antenna to be installed on a chimney;
ii
90 centimetres in the case of an antenna to be installed on or within the curtilage of a dwellinghouse on article 1(7) land other than on a chimney;
iii
70 centimetres in any other case;
b
the highest part of an antenna to be installed on a roof or a chimney would, when installed, exceed in height–
i
in the case of an antenna to be installed on a roof, the highest part of the roof;
ii
in the case of an antenna to be installed on a chimney, the highest part of the chimney;
c
there is any other satellite antenna on the dwellinghouse or within its curtilage;
d
in the case of article 1(5) land, it would consist of the installation of an antenna–
i
on a chimney;
ii
on a building which exceeds 15 metres in height;
iii
on a wall or roof slope which fronts a waterway in the Broads or a highway elsewhere.
;
b
at the end of Class H insert–
Conditions
H.2
Development is permitted by Class H subject to the following conditions–
a
an antenna installed on a building shall, so far as practicable, be sited so as to minimise its effect on the external appearance of the building;
b
an antenna no longer needed for the reception or transmission of microwave radio energy shall be re moved as soon as reasonably practicable.
Industrial and warehouse development
5
In Part 8 of Schedule 2 to the 1988 Order (industrial and warehouse development)–
a
for paragraph A.1(b) substitute–
b
the building is to be used for a purpose other than–
i
in the case of an industrial building, the carrying out of an industrial process or the provision of employee facilities;
ii
in the case of a warehouse, storage or distribution or the provision of employee facilities;
;
b
after paragraph A.1 insert–
Conditions
A.1A
Development is permitted by Class A subject to the conditions that any building extended or altered–
a
shall only be used–
i
in the case of an industrial building, for the carrying out of an industrial process for the purposes of the undertaking or the provision of employee facilities;
ii
in the case of a warehouse, for storage or distribution for the purposes of the undertaking or the provision of employee facilities;
b
shall not be used to provide employee facilities between 7.00 pm and 6.30 am for employees other than those present at the premises of the undertaking for the purpose of their employment;
c
shall not be used to provide employee facilities if a notifiable quantity of a hazardous substance is present at the premises of the undertaking;
;
c
after paragraph A.2(1)(b) insert–
c
“employee facilities” means social, care or recreational facilities provided for employees of the undertaking, including creche facilities provided for the children of such employees.
Development by statutory undertakers
6
In Part 17 of Schedule 2 to the 1988 Order (development by statutory undertakers) in Class B at the end of paragraph B2 insert–
and the reference to operational land includes land designated by an order made under section 14 or 16 of the Harbours Act 1964 whether or not the order was brought into operation in accordance with the provisions of the Statutory Orders (Special Procedure) Act 1945 .
Development by telecommunications code system operators
7
After paragraph A.1.(g) of Part 24 of Schedule 2 to the 1988 Order (development by telecommunications code system operators) insert–
h
it would consist of the installation, alteration or replacement of system apparatus within the meaning of section 8(6) of the Road Traffic (Driver Licensing and Information Systems) Act 1989 .
.
Telecommunications development
8
In Part 25 of Schedule 2 to the 1988 Order (telecommunications development)–
a
in paragraph A after “structure” where it first occurs insert “of a height of 15 metres or more”;
b
in paragraph A.1.(a) after “dwellinghouse” insert “or the building or other structure is within the curtilage of a dwellinghouse”;
c
for paragraph A.1.(b) substitute — “(b) it would consist of development of a kind described in paragraph A of Part 24;”;
d
omit paragraph A.1.(c);
e
after paragraph A.1.(g) insert–
h
it would consist of the installation, alteration or replacement of system apparatus within the meaning of section 8(6) of the Road Traffic (Driver Licensing and Information Systems) Act 1989.
;
f
after paragraph A.2. insert–
Class B
Permitted Development
B
The installation, alteration or replacement on any building or other structure of a height of less than 15 metres of a satellite antenna.
Development not permitted
B.1
Development is not permitted by Class B if–
a
the building is a dwellinghouse or the building or other structure is within the curtilage of a dwellinghouse;
b
it would consist of development of a kind described in paragraph A of Part 24;
c
it would consist of the installation, alteration or replacement of system apparatus within the meaning of section 8(6) of the Road Traffic (Driver Licensing and Information Systems) Act 1989;
d
the size of the antenna (excluding any projecting feed element, reinforcing rim, mountings or brackets) when measured in any dimension would exceed–
i
90 centimetres in the case of an antenna to be installed on a building or structure on article 1(7) land;
ii
70 centimetres in any other case;
e
the highest part of an antenna to be installed on a roof would, when installed, exceed in height the highest part of the roof;
f
there is any other satellite antenna on the building or other structure on which the antenna is to be installed;
g
it would consist of the installation of an antenna on a chimney;
h
it would consist of the installation of an antenna on a wall or roof slope which fronts a waterway in the Broads, or a highway elsewhere.
Condition
B.2
Development is permitted by Class B subject to the following conditions–
a
the antenna shall, so far as practicable, be sited so as to minimise its effect on the external appearance of the building or structure on which it is installed;
b
an antenna no longer needed for the reception or transmission of microwave radio energy shall be removed from the building or structure as soon as reasonably practicable.
Driver information systems
9
After Part 28 of Schedule 2 to the 1988 Order insert–
PART 29
DRIVER INFORMATION SYSTEMS
Class A
Permitted development
A
The installation, alteration or replacement of system apparatus by or on behalf of a driver information system operator.
Development not permitted
A.1
Development is not permitted by Class A if–
a
in the case of the installation, alteration or replacement of system apparatus other than on a building or other structure–
i
the ground or base area of the system apparatus would exceed 1.5 square metres;
ii
the system apparatus would exceed a height of 15 metres above ground level;
b
in the case of the installation, alteration or replacement of system apparatus on a building or other structure–
i
the highest part of the apparatus when installed, altered, or replaced would exceed in height the highest part of the building or structure by more than 3 metres; or
ii
the development would result in the presence on the building or structure of more than two microwave antennae.
Conditions
A.2
Development is permitted by this class subject to the following conditions–
a
any system apparatus shall, so far as practicable, be sited so as to minimise its effect on the external appearance of any building or other structure on which it is installed;
b
any system apparatus which is no longer needed for a driver information system shall be removed as soon as reasonably practicable.
Interpretation
A.3
For the purposes of this class–
“driver information system operator” means a person granted an operator’s licence under section 10 of the Road Traffic (Driver Licensing and Information Systems) Act 1989;
“system apparatus” has the meaning assigned to that term by section 8(6) of that Act.
Statements of rights
10
In the forms in Parts 2 and 3 of Schedule 5 to the 1988 Order, above “delete where inappropriate” insert–
Statement of owner’s rights
The grant of planning permission does not affect owners' rights to retain or dispose of their property, unless there is some provision to the contrary in an agreement or in a lease.
Statement of agricultural tenants' rights
The grant of planning permission for non-agricultural development may affect agricultural tenants' security of tenure.
Michael Heseltine
Secretary of State for the Environment
5th July 1991
David Hunt
Secretary of State for Wales
5th July 1991


text:
Title, extent and commencement
1
These Regulations, which may be cited as the Agricultural, Fisheryand Aquaculture Products (Improvement Grant) Regulations 1991, shallapply in Great Britain and shall come into force on the day after theday on which they are made.
Interpretation
2
1
In these Regulations, unless the context otherwiserequires —
“applicant”, in relation to the approval of expenditure for the purposes ofCommunity aid or of a grant under these Regulations, means the personwho is making or has made the application for that approval;
“the appropriate Minister” means, in relation to England, the Minister of Agriculture,Fisheries and Food and, in relation to Wales or Scotland, the Secretaryof State;
“approved” means approved by the appropriate Minister in writing, and“approve” and“approval” shall be construed accordingly;
“authorised officer” means an officer authorised by the appropriate Minister for thepurposes of these Regulations;
“ the Commission ” means the Commission of the European Communities;
“Community aid” means aid from the Guidance section of the European AgriculturalGuidance and Guarantee Fund payable in accordance with the CouncilRegulations;
“the Council Regulations ” means Council Regulation ( EEC ) No 4028/86 on Community measures toimprove and adapt structures in the fisheries and aquaculture sector , Council Regulation (EEC) No 4042/89 on the improvementof the conditions under which fishery and aquaculture products areprocessed and marketed and Council Regulation (EEC) No 866/90 on improving theprocessing and marketing conditions of agricultural products ;
“eligible expenditure” means, in relation to any operation, expenditure which theappropriate Minister has approved for the receipt of Community aid; and
“operation” means an investment or project in respect of which Community aid isclaimed or paid.
2
Other expressions used in these Regulations have, insofar as thecontext admits, the same meanings as in the Council Regulations.
Improvement grants in respect of the processing and marketing ofagricultural, fishery and aquaculture products and the provision offacilities at fishing ports
3
1
The appropriate Minister may make to any applicant a grant towardseligible expenditure incurred in connection with an operation.
2
The amount of any such grant shall be 5 per cent of the eligibleexpenditure or such other sum which when added to any other grantpayable under United Kingdom public funds in relation to the eligibleexpenditure equals 5 per cent of such expenditure.
Approval of expenditure and payment of grant
4
1
Applications for approval of expenditure for the purposes ofCommunity aid and for the purposes of a grant under these Regulationsshall be made in such form and manner and at such time as theappropriate Minister may from time to time require and the applicantshall furnish all such particulars and information relating to theapplication as the appropriate Minister may require.
2
The appropriate Minister may either refuse to approve expenditure,or approve it in whole or in part, for the purposes of Community aid orfor the purposes of a grant under these Regulations and any suchapproval may be given, or any payments by way of Community aid and ofgrant made, subject to such conditions as the appropriate Ministerthinks fit.
3
Approval of expenditure for the purposes of Community aid and forthe purposes of a grant under these Regulations may be varied by theappropriate Minister with the applicant’s written consent.
4
Payments by way of Community aid and of grant under theseRegulations may be made at such time, or by such instalments at suchintervals or times, as the appropriate Minister may determine.
Records
5
An applicant shall preserve invoices, accounts and any otherrelevant documents as proof of expenditure incurred in connection withan operation, shall retain them for three years from the last payment ofCommunity aid or of grant under these Regulations in respect of thatoperation and shall produce them for inspection if so required by anauthorised officer.
Powers of entry
6
1
For the purposes of ascertaining whether in respect of anyoperation —
a
any amount of Community aid or of grant under these Regulations ispayable or recoverable; or
b
an offence under these Regulations has been, or is being, committedof his authority, at any reasonable time enter upon any land to whichthe operation relates.
2
An authorised officer who has entered any land in accordance withparagraph (1) of this regulation may —
a
inspect that land and any equipment on it to which the operationrelates; and
b
require the applicant to produce for inspection, and allow theofficer to make a copy of, or extracts from, and to examine and removefor a reasonable period, any invoice, account or other document relatingto that application which is relevant to the purposes mentioned inparagraph (1) of this regulation.
False statements
7
1
If any person, for the purposes of obtaining for himself or anyother person Community aid or any grant under these Regulations,knowingly or recklessly makes a false statement, he shall be liable onsummary conviction to a fine not exceeding level 5 on the standardscale.
2
Any information relating to the offence referred to in paragraph (1)of this regulation which is triable by a magistrates' court in Englandand Wales may be so tried if it is laid at any time within five yearsafter the commission of the offence and within six months after therelevant date.
3
Summary proceedings for such an offence may be commenced in Scotlandat any time within five years after the commission of the offence andwithin six months after the relevant date; and for the purposes of thisparagraph proceedings shall be deemed to be commenced on the date onwhich a warrant to apprehend or to cite the accused is granted, if sucha warrant is executed without undue delay.
4
In this regulation“relevant date” means the date on which evidence sufficient in the opinion of theprosecutor to justify proceedings comes to his knowledge.
5
For the purposes of paragraph (4) of this regulation, a certificateof the prosecutor as to the date on which such evidence as is therementioned came to his knowledge shall be conclusive evidence of thatfact.
Revocation of approval and recovery of grant
8
1
If at any time after the appropriate Minister has approved anyexpenditure for the purposes of Community aid or for the purposes of agrant under these Regulations it appears to that Ministerthat —
a
any condition subject to which the approval was given or the granthas been made or the Community aid has been paid has not been compliedwith;
b
the operation in respect of which the expenditure was incurred hasnot been in fact carried out or has not been properly carried out;
c
the operation has been or is being unreasonably delayed, or isunlikely to be completed;
d
the operation was commenced more than six months before the date onwhich the Commission received the application for Community aid;
e
the Commission has decided to reduce, suspend or discontinueCommunity aid and to recover any sums unduly paid; or
f
the applicant —
i
has failed to comply with a requirement imposed under regulation 5or 6(2)(b) above;
ii
has intentionally obstructed any officer in the exercise of hispowers under regulation 6 above; or
iii
has given information on any matter relevant to the giving of theapproval or the making of the payment which is false or misleading in amaterial particular
the appropriate Minister may revoke the approval in respect of the whole or part of the expenditure and, where any payment has been made byway of Community aid or of grant under these Regulations, may on demandrecover an amount equal to the whole or any part of the payment whichhas been so made.
2
Before revoking an approval in whole or in part under paragraph (a),(b), (c), (d) or (f) of this regulation the appropriate Ministershall —
a
give to the applicant a written notification of the reasons for theaction proposed to be taken by the appropriate Minister,
b
afford that person an opportunity of appearing before and beingheard by a person appointed for the purpose by the appropriate Minister,and
c
consider the report by a person so appointed and supply a copy ofthe report to the person mentioned in paragraph (a) above.
In witness whereof the Official Seal of the Minister ofAgriculture, Fisheries and Food is hereto affixed on 18th March 1991.
Trumpington
Minister of State, Ministry of Agriculture, Fisheries and Food
Strathclyde
Parliamentary Under Secretary of State, Scottish Office
20th March 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the National Health Service Training Authority (Abolition) Order 1991 and shall come into force on 1st April 1991.
2
In this Order “the Authority” means the National Health Service Training Authority.
Revocation of Orders and abolition of the Authority
2
The National Health Service Training Authority (Establishment and Constitution) Order 1983 and the National Health Service Training Authority (Establishment and Constitution) Amendment Order 1986 are hereby revoked and the Authority is hereby abolished.
Enforceability of rights
3
Any right which was enforceable by or against the Authority shall be enforceable —
a
by or against South Western Regional Health Authority if it is in respect of a claim made by a former officer of the Authority arising out of his employment.
b
in any other case, by or against the Secretary of State.
Transfer of property
4
All property of the Authority is hereby transferred to the Secretary of State.
Signed by authority of the Secretary of State for Health.
Stephen Dorrell
Parliamentary Under-Secretary of State,
Department of Health
25th February 1991


text:
1
This Order may be cited as the Public Telecommunication System Designation (East London Telecommunications Limited) (Havering) Order 1991 and shall come into force on 9th April 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
4th March 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Rochdale Healthcare National Health Service Trust (Establishment) Order 1991 and shall come into force on 1st January 1992.
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 January 1992;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Rochdale Healthcare National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Rochdale Healthcare National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at Birch Hill Hospital, Rochdale, OL12 9QB and associated hospitals;
b
to manage community health services provided from Birch Hill Hospital, Rochdale, OL12 9QB 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 Rochdale 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 Rochdale 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 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 Rochdale 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.
William Waldergrave
Secretary of State for Health
23rd December 1991


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Saithe (Specified Sea Areas) (Prohibition of Fishing) Order 1991 and shall come into force on 20th December 1991.
2
In this Order —
“British fishing boat” means a fishing boat which is registered in the United Kingdom, the Isle of Man or any of the Channel Islands or which, not being so registered, is British owned;
“sea area” means a statistical sub-area or division of the International Council for the Exploration of the Sea specified in the Schedule hereto.
Prohibition and exception
2
1
Subject to paragraph (2) below, fishing for saithe (Pollachius virens) —
a
by any British fishing boat registered in the United Kingdom within any part of a sea area; or
b
by any other British fishing boat within any part of a sea area which lies within British Fishery limits,
is prohibited during the period beginning with the date of coming into force of this Order and ending immediately before 1at January 1992.
2
The prohibition in paragraph (1)(a) above shall not apply to fishing within that part of the sea area ICES IIa (Norwegian Sea) which lies outside British fishery limits.
Powers of British sea-fishery officers in relation to fishing boats
3
1
For the purpose of the enforcement of this Order a British sea-fishery officer may exercise the powers conferred by paragraphs (2) to (4) below —
a
anywhere in relation to any British fishing boat registered in the United Kingdom; and
b
in any waters adjacent to the United Kingdom and within British fishery limits in relation to any other British fishing boat.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) above and, in particular —
a
may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the baot to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;
c
for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under section 5(1) or (6) of the Sea Fish (Conservation) Act 1967 as read with this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search; and
d
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in sub-paragraph (d) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that a contravention of this Order has at any time taken place within British fishery limits, he may —
a
require the master of the boat in relation to which the contravention took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the baot in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
J Selwyn Gummer
Minister of Agriculture, Fishgeries and Food
13th December 1991.
Strathclyde
Parliamentary Under Secretary of State, Scottish Office
11th December 1991
David Hunt
Secretary of State for Wales
16th December 1991
Jeremy Hanley
Under Secretary of State for Northern Ireland
17th december 1991


text:
1
–
1
This Order may be cited as the Drug Trafficking Offences Act 1986 (Designated Countries and Territories) (Amendment) Order 1991 and shall come into force on the1st July 1991.
2
In this Order “ the Act ” means the Drug Trafficking Offences Act 1986 and “the principal Order ” means the Drug Trafficking Offences Act 1986 (Designated Countries and Territories) Order 1990 .
2
In article 2 of the principal Order for the definition of “appropriate authority of a designated country” there shall be substituted the following definition–
“appropriate authority of a designated country” means–
the authority specified opposite that country in Schedule 1 to this Order, or
where no authority is so specified, the authority appearing to the court to be the appropriate authority of that country for the purposes of sections 26 and 26A of the Act, and of the other provisions of the Act as applied under article 3(2) of this Order;
3
After article 5 of the principal Order there shall be inserted the following article:
Certificate as to appropriate authority of a designated country
5A
Where in relation to any designated country no authority is specified in Schedule 1 to this Order, a certificate made by the Secretary of State to the effect that the authority specified therein is the appropriate authority for the purposes of sections 26 and 26A of the Act, and of the other provisions of the Act as applied by article 3(2) of this Order shall be sufficient evidence of that fact.
.
4
Schedule 1 to the principal Order shall be amended by inserting in alphabetical order the entries for those countries and territories specified in the Schedule to this Order.
5
–
1
In paragraph 11(a) of Schedule 2 to the principal Order for “(3)” there shall be substituted “(4)”.
2
In paragraph 12(1) of Schedule 3 to the principal Order for “(3)” there shall be substituted “(4)”.
6
The Appendix set out at the end of Schedule 3 to the principal Order (which defines the institution of proceedings for the purposes of section 38(11) of the Drug Trafficking Offences Act 1986 as modified by Schedule 2 to the principal Order) shall be amended as follows:
a
after the entry relating to the Bahamas, there shall be inserted the following–
Bahrain when a bill of indictment is lodged in court against any person for an offence Barbados
a
when an information has been laid before a magistrate;
b
when a person is charged with an offence;
c
when a bill of indictment is preferred
;
b
after the entry relating to Bermuda, there shall be inserted the following–
the Cayman Islands
a
when a charge has been signed under subsection (3) or (4) of section 13 of the Criminal Procedure Code in respect of the offence;
b
when a person is charged with the offence after being arrested without a warrant under subsection (5) of that section
;
c
after the entry relating to Guernsey, there shall be inserted the following–
Hong Kong
a
when a magistrate issues a warrant or summons;
b
when a person is charged with an offence;
c
when an indictment is preferred
;
d
in the entry relating to the Isle of Man, for the words “section 13 of the Petty Sessions and Summary Jurisdiction Act 1927” there shall be substituted the words “section 4 of the Summary Jurisdiction Act 1989”;
e
after the entry relating to the Isle of Man, there shall be inserted the following–
Italy
a
when a person is notified, in accordance with article 369 of the Italian Code of Criminal Procedure, that a prosecution against him is in progress;
b
when a proposal for the application of a preventative measure “misura di prevenzione”) is laid before a court
; and
f
after the entry relating to Malaysia, there shall be inserted the following–
Montserrat
a
when a judge issues a summons or warrant in respect of an offence;
b
when a person is charged with an offence after being taken into custody without a warrant
Saudi Arabia when an information has been laid before a judicial authority
.
G. I. de Deney
Clerk of the Privy Council


text:
1
The North Yorkshire County Council (Rampart Bridge) Scheme 1986 ishereby confirmed without modifications.
2
The said Scheme as confirmed (hereinafter referred to as“the Scheme”) is set out in the Schedule hereto and copies of the Scheme withits accompanying plans are deposited at the offices of the Department ofTransport, (Network Management Division), Yorkshire and HumbersideRegional Office, City House, Leeds LS1 4JD and at the offices of TheCounty Solicitor, North Yorkshire County Council, County Hall,Northallerton, North Yorkshire DL7 8AD; The Library, Victoria Avenue,Harrogate and The Library, Market Square, Knaresborough.
3
The Scheme will become operative on the date on which notice that ithas been confirmed is first published in accordance with paragraph 1 ofSchedule 2 to the Highways Act 1980.
4
This Instrument may be cited as the North Yorkshire County Council(Rampart Bridge) Scheme 1986 Confirmation Instrument 1991.
Signed by authority of the Secretary of State for Transport
J. P. Henry
Regional Director Yorkshire and Humberside Region of the
Department of Transport
11th April 1991


text:
1
The Secretary of State is authorised to provide for the use of traffic of Classes I and II of the classes of traffic set out in Schedule 4 to the Highways Act 1980–
a
a special road along the route described in Schedule 1 to this scheme (“the motorway”), and
b
special roads along the routes described in Schedule 2 to this scheme for the purposes of connecting the M6 Motorway with other highways at the places stated in that schedule (“the connecting roads”).
2
The centre line of each of the special roads is indicated by a heavy black line on the deposited plan.
3
The special roads shall become trunk roads on the date when this Scheme comes into force.
4
In this Scheme–
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the deposited plan” means the plan folio numbered HA16/1 CNW 308 marked “The M6 Motorway (Widening and Improvements Between Junctions 30 and 32) and Connecting Roads Scheme 1991”, containing 1 key plan and 3 scheme plans bound together and numbered 1, 2 and 3 signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the special roads”means all the special roads which the Secretary of State is authorised by this scheme to provide;
iii
“the M6 Motorway”means the existing M6 Motorway (Preston Bypass Section, Junctions 30 to 32);
iv
“the M61 Motorway”means the M61 Manchester–Preston Motorway at Blacow, Junction 30;
v
“the A59 Trunk Road” means the Liverpool–Preston–Leeds Trunk Road A59 Preston New Road and A59 Brockholes Brow at Samlesbury, Junction 31.
5
This Scheme shall come into force on 12th September 1991, and may be cited as the M6 Motorway (Widening and Improvements Between Junctions 30 and 32) and Connecting Roads Scheme 1991.
Signed by authority of the Secretary of State for Transport
D. C. Renshaw
Regional Director North West Region
Department of Transport
12th August 1991


text:
Citation, commencement and interpretation
1
–
1
These Regulations may be cited as the Family Credit (General) Amendment Regulations 1991 and shall come into force as follows–
a
regulations 1, 4, 7, 8 and 9, on 6th August 1991;
b
regulations 3, 5, 6, 10 and 11, on 8th October 1991;
c
regulation 2, on 7th April 1992.
2
In these Regulations “the principal Regulations ” means the Family Credit (General) Regulations 1987 .
Amendment of regulations 4 and 5 of the principal Regulations
2
In regulations 4(1) and 5(1) of the principal Regulations (remunerative work, and engagement in remunerative work and normal engagement) for the figure “24” there shall be substituted the figure “16”.
Amendment of regulation 13 of the principal Regulations
3
In regulation 13 of the principal Regulations (calculation of income on a weekly basis) for paragraph (2) there shall be substituted the following paragraph–
2
For the purposes of paragraph (1) “income” includes capital treated as income under regulation 25 (capital treated as income) and income which a claimant is treated as possessing under regulation 26 (notional income).
.
Amendment of regulation 24 of the principal Regulations
4
In regulation 24 of the principal Regulations (calculation of income other than earnings), in paragraph (4A) after the words “Education (Student Loans) Act 1990” there shall be inserted the words “or Article 3 of the Education (Student Loans) (Northern Ireland) Order 1990” .
Amendment of regulations 26 and 34 of the principal Regulations
5
In regulations 26(3)(a) and 34(3)(a) of the principal Regulations (notional income and notional capital) –
a
the words “, community charge” shall be omitted; and
b
after the words “housing costs” there shall be inserted the words “or is used for any personal community charge or collective community charge contribution for which that member is liable”.
Amendment of regulation 34A of the principal Regulations
6
In regulation 34A of the principal Regulations (diminishing notional capital rule) –
a
in paragraph (3) for sub-paragraphs (b) and (c) there shall be substituted the following sub-paragraphs–
b
if the claimant would, but for regulation 43(1) of the Housing Benefit (General) Regulations 1987 (notional capital), have been entitled to housing benefit or to an additional amount of housing benefit in respect of the benefit week in which the date of the last claim for family credit falls, the amount (if any) which is equal to–
i
in a case where no housing benefit is payable, the amount to which he would have been entitled, or
ii
in any other case, the amount equal to the additional amount of housing benefit to which he would have been entitled; and
c
if the claimant would, but for regulation 33(1) of the Community Charge Benefits (General) Regulations 1989 (notional capital) have been entitled to community charge benefit or to an additional amount of community charge benefit in respect of the benefit week in which the date of the last claim for family credit falls, the amount (if any) which is equal to–
i
in a case where no community charge benefit is payable, the amount to which he would have been entitled, or
ii
in any other case, the amount equal to the additional amount of community charge benefit to which he would have been entitled.
; and
b
in paragraph (4) for sub-paragraphs (b) and (c) there shall be substituted the following sub-paragraphs–
b
if the claimant would, but for regulation 43(1) of the Housing Benefit (General) Regulations 1987 have been entitled to housing benefit or to an additional amount of housing benefit in respect of the benefit week in which the first day of the relevant week falls, the amount (if any) which is equal to–
i
in a case where no housing benefit is payable, the amount to which he would have been entitled, or
ii
in any other case, the amount equal to the additional amount of housing benefit to which he would have been entitled; and
c
if the claimant would, but for regulation 33(1) of the Community Charge Benefits (General) Regulations 1989 have been entitled to community charge benefit or to an additional amount of community charge benefit in respect of the benefit week in which the first day of the relevant week falls, the amount (if any) which is equal to–
i
in a case where no community charge benefit is payable, the amount to which he would have been entitled, or
ii
in any other case, the amount equal to the additional amount of community charge benefit to which he would have been entitled.
.
Amendment of regulation 37 of the principal Regulations
7
In regulation 37 of the principal Regulations (interpretation of Chapter VII –students)–
a
after the definition of “grant income” there shall be inserted the following definition–
“last day of the course” means the date on which the last day of the final academic term falls in respect of the course in which the student is enrolled;
;
b
in the definition of “period of study”–
i
in paragraph (a) for the words “to the end” there shall be substituted the words “and ending with the last day of the course”; and
ii
in paragraph (b) after the words “any subsequent year of the course,” there shall be inserted the words “other than the final year of the course,”; and
iii
after paragraph (b)(ii) there shall be inserted the following paragraph–
c
in the final year of a course of study of more than one year, the period beginning with that year’s start and ending with the last day of the course;
;
c
in the definition of “student” in paragraph (a) for the words “the end of the course” there shall be substituted the words “the last day of the course”.
Amendment of regulation 38 of the principal Regulations
8
In regulation 38(2)(f) of the principal Regulations (calculation of grant income) for the amount “£246” there shall be substituted the amount “£257”.
Amendment of regulation 42A of the principal Regulations
9
In regulation 42A of the principal Regulations (treatment of student loans) –
a
in paragraph (1) after the words “Education (Student Loans) Act 1990” there shall be inserted the words “or Article 3 of the Education (Student Loans) (Northern Ireland) Order 1990” ;
b
in paragraph (2)(b) for the words “the date on which the course ends” there shall be substituted the words “the last day of the course”.
Amendment of Schedule 2 to the principal Regulations
10
In Schedule 2 to the principal Regulations (sums to be disregarded in the calculation of income other than earnings)–
a
in paragraph 13(2) for the words “, community charge” to the end of the sub-paragraph there shall be substituted the words “or housing costs of any member of the family or is used for any personal community charge or collective community charge contribution for which any member of the family is liable.”;
b
in paragraph 14 for sub-paragraph (b) there shall be substituted the following sub-paragraph–
b
a pension paid by the government of a country outside Great Britain which is either–
i
analogous to a war disablement pension; or
ii
analogous to a war widow’s pension;
;
Amendment of Schedule 3 to the principal Regulations
11
In Schedule 3 to the principal Regulations (capital to be disregarded), in paragraph 24 after the word “occupational” there shall be inserted the words “or personal”.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
2nd July 1991


text:
1
1
This Order may be cited as the Education (National Curriculum) (Modern Foreign Languages) Order 1991 and shall come into force on 1st January 1992.
2
In this order —
references to the third and fourth key stages are references to the periods set out in section 3(3)(c) and (d) respectively of the Education Reform Act 1988;
references to relevant pupils are references to pupils in the third and fourth key stages in respect of whom there is a requirement to study a modern foreign language as a foundation subject; and
references to official languages of the European Community are to languages specified as official languages of the institutions of the European Community by Article 1 of EEC Council Regulation No. 1 of April 15, 1958 .
2
The Education (National Curriculum) (Modern Foreign Languages) Order 1989 is hereby revoked.
3
1
Subject to paragraph (2), the modern foreign languages listed in the Schedule to this Order are hereby specified as foundation subjects in relation to the third and fourth key stages.
2
Any language listed in the Schedule which is not an official language of the European Community is not a foundation subject unless the condition set out in paragraph (3) is satisfied.
3
The condition referred to in paragraph (2) is that the school at which the language is taught also offers all relevant pupils the opportunity of studying one or more of the official languages of the European Community listed in the Schedule for the purposes of the National Curriculum.


text:
PART I
GENERAL
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Health Boards (Membership and Procedure) (No.2) Regulations 1991 and shall come into force for the purposes of regulation 12(c) on 31st March 1991 and for all other purposes on 1st April 1991.
2
In these Regulations, unless the context otherwise requires —
a
“the 1978 Act ” means the National Health Service (Scotland) Act 1978;
b
“ Board ” means a Health Board and includes the Health Education Board for Scotland established by the Health Education Board for Scotland Order 1990;
c
“member” means a member of a Board and includes the chairman and “members” shall be construed accordingly;
d
“contract” includes any arrangement including an NHS contract;
e
“officer” includes employee.
3
Unless the context otherwise requires, a reference in these Regulations to a numbered regulation is to the regulation bearing that number in these Regulations and a reference in a regulation to a numbered paragraph is to the paragraph bearing that number in that regulation.
PART II
MEMBERSHIP
Term of office
2
1
Subject to the following provisions of these regulations, the term of office of the members of a Board shall be for such period not exceeding four years as the Secretary of State shall specify on making the appointment.
2
At the expiration of his term of office a member shall, subject to regulations 5 and 6 be eligible for re-appointment.
University members
3
For the purposes of paragraph 2A of Schedule 1 to the Act the Health Boards in the case of which at least one of the persons appointed to be hairman or a member under paragraph 2 of that Schedule must hold a post in a university with a medicl or dental school, are Lothian Health Board, Greater Glasgow Health Board and Tayside Health Board.
Remuneration of members
4
In addition to the chairman, the members to whom remuneration may be paid under paragraph 4 of Schedule 1 to the Act are members appointed for the purposes of paragraph 2A of that Schedule and any other members who are not also officers of the Board.
Resignation and removal of members
5
1
A member who desires to reesign his membership shall give written intimation of his, resignation to the Secretary of State.
2
If a member has not attended any meeting of the Board or of any committee or subcommittee of the Board througout a period of six consecutive months, the Secretary of State shall, unless satisfied that his absence was due to illness or other reasonable cause, declare that his seat on the Board has become vacant and that person shall forthwith cease to be a member.
3
Where a member who was appointed for the purposes of paragraph 2A of Schedule 1 to the Act ceases to hold the post in a university with a medical or dental school, which he held at the time of his appointment for those purposes, the Secretary of State may terminite his appointment as a member.
4
A member of a Board being eithermdash;
a
a person who holds any paid appointment or office or other place of profit under a Board or under the Agency and who is dismissed, removed or resigns from such appointment, office, or other place of profit; or —
b
a person whose name is included in any list prepared under Part II of the Act, and whose name is withdrawn from the list on his own application,
shall, if the Secretary of State so directs, forthwith cease to be a member.
Disqualification
6
1
A person shall be disqualified for being a member of a Board, if —
a
he is chairman or a director of an NHS trust; or
b
he holds any paid appointment or office with a trade union which represents the interests of members who are employed by a health service body; or
c
he is a member of a fund-holding practice recognised under section 87A of the Act ;
d
he is a person who within the preceding five years has been convicted in the United Kingdom, the Channel Islands, the Isle of Man or the Irish Republic of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine; or
e
he is a person who has held any paid appointment or office or other place of profit under a Board or under the Agency and has been dismissed from such appointment, office, or other place of profit otherwise than by reason of redundancy; or
f
he is disqualified under section 29 of the Act for inclusion in any list prepared under Part II of the Act; or
g
he is a person whose estate has been sequestrated in Scotland or who has been adjudged bankrupt elsewhere than in Scotland in relation to whose estate a judicial factor has been appointed or who has granted a trust deed for the benefit of his creditors:
Provided that —
the disquilification attaching to a person whose estate has been sequestrated shall cease if and when —
a
the sequestration of his estate is recalled or reduced; or
b
the sequestration is discharged;
ii
the disqualification attaching to a person by reason of his having been adjudged bankrupt shall cease if and when —
a
the bankruptcy is annulled; or
b
he is discharged;
iii
the disqualification attaching to a person in relation to whose estate a Judicial factor has been appointed shall cease if and when —
a
that appointment is recalled; or
b
the judicial factor is discharged;
iv
the disqualification attaching to a person who has granted a trust deed shall cease if and when he pays his creditors in full or on the expiry of five years from the date of his granting the deed.
2
The Secretary of State may direct that in relation to any individual person, Health Board or Special Health Board any disqualification so directed shall not apply in relation thereto.
3
In this regulation “health service body” is any one of the persons and bodies specified in section 17A(2) of the Act and “trade union” has the meaning given in section 28(1) of the Trade Union and Labour Relations Act 1974 .
PART III
APPOINTMENT OF VICE-CHAIRMAN AND COMMITTEES
Vice-Chairman and committees
7
1
Each Board shall appoint a member who is not also an officer of the Board to be vice-chairman and any person so appointed shall, so long as he remains a member of the Board, hold office for such period as the Board may decide.
2
Subject to paragraph (3), each Board may, and if so directed by the Secretary of State shall, appoint committees and sub-committees for such purposes as the Board may determine, subject to such restrictions or conditions as the Board may think fit, or as the Secretary of State may direct.
3
Any committee of the Board appointed under this regulation shall include at least one member of the Board and may include persons who are co-opted.
4
If a Board appoints a committee to exercise any of its functions as manager of a hospital under Part V of the Mental Health (Scotland) Act 1984 , it shall appoint to that committee one or more members who are not also officers of the Board and shall not appoiont any members who are officers of the Board.
PART IV
PROCEDURE OF BOARDS
Interpretation
8
In this Part, unless the context otherwise requires, “committee” includes “sub-conmmittee”.
Meetings and minutes
9
1
At every meeting of a Board, the chairman, if present, shall preside.
2
If the chairman is absent from any meeting,the vice-chairman, if present, shall preside, and if the chairman and vice-chairman are both absent, the members present at the meeting shall elect from among themselves a person to act as chairman for that meeting who is not also an officer of the Board.
3
All acts of, and all questions coming and arising before, a Board shall be done and decided by a majority of the members of the Board present and voting at a meeting of the Board and, in the case of an equality of votes, the person presiding at the meeting shall have at second or casting vote.
4
Minutes of every meeting of a Board shall be forwarded to the Secretary of State not later than one week before the date of the next meeting of the Board after that to which they relate.
Conflict of interest
10
1
Subject to such exceptions and qualifications as may, with the approval of the Secretary of State, be specified in standing orders, if a member has any pecuniary or other interest, direct or indirect, in any contract or proposed contract (not being a contract for the provision of any of the services mentioned in Part II of the Act) or other matter, and is present at a meeting of the Board or of a committee of the Board at which the contract or other matter is the subject of consideration, he shall at the meeting, as soon as practicable after the commencement thereof, disclose the fact, and shall not take part in the consideration and discussion of, or vote on any question with respect to, the contract or other matter.
2
The Secretary of State may, subject to such conditions as he may think fit to impose, remove any disability imposed by this regulation in any case in which it appears to him in the interests of the national health service that the disability should be removed.
3
Any remuneration, compensation or allowances payable to a chairman or other member by virtue of paragraphs 4, 5 or 13 of Schedule 1 to the Act shall not be treated as a pecuniary interest for the purpose of this regulation.
Power to inake standing orders
11
Subject to such directions as may be given by the Secretary of State, each Board shall make, and may vary and revoke, standing orders for the regulation of the procedure and business of the Board and of any committee of the Board and in particular —
a
for the times and places of the meetings of the Board or committee which, in the case of the Board, shall be held not less often than once in every three months;
b
for due notice of the time and place of each meeting of the Board or of a committee of the Board and, subject to any exceptions which may be mentioned in the standing orders, of the business to be transacted thereat, to be given to members;
c
for the chairman of the Board to call a meeting of the Board at any time or on being required so to do on receiving a requisition in writing for that purpose specifying the business proposed to be transacted at the meeting and signed by one-third of the whole number of members of the Board including at least two Board members who are not also officers of the Board, and for such a meeting to be held within fourteen days of receipt of the requisition, and to provide that no business shall be transacted at the meeting other than that specified in the requisition;
d
for recording the names of members present at a meeting of a board or of a committee of a Board;
e
for the drawing up and signing and approval of minutes recording the proceedings of meetings of the Board or of at committee of the Board including any decision or resolution of the Board;
f
for specifying the exceptions and qualifications referred to in regulation 10 (conflict of interest);
g
for the constitution and procedures of committees of the Board including the power of the Board to co-opt persons to committees;
h
for providing that no business shall be transacted at a meeting of the Board unless at least one-third of the whole number of members of the Board of whom at least two should be members who are not also officers of the Board are present thereat;
i
for the adjournment of a meecting of the Boad or of a committee of the Board to any other day, hour and place;
j
for the circumstances in which any member of the Board may be suspended from the Board or disqualified for taking any part in any business of the Board on reasonable cause shown.
Revocations
12
There are hereby revoked —
a
the National Health Service (Health Boards: Membership, Procedure and Payment of Subscriptions) (Scotland) Regulations 1975 ;
b
the National Health Service (Health Boards: Membership, Procedure and Payment of Subscriptions) (Scotltnd) Amendment Regulations 1981 ; and
c
the Health Boards (Membership and Procedure) Regulations 1991 (c).
Michael B. Forsyth
Minister of State, Scottish Office
St. Andrews House,
Edinburgh
22nd March 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Disablement Services Authority (Consequential Provisions) Order 1991 and shall come into force on 1st April 1991.
2
In this Order “the Authority” means the Disablement Services Authority .
Enforceability of rights
2
Any right which was enforceable immediately before 1st April 1991 by or against the Authority shall be enforceable by or against the Secretary of State.
Investigation of complaints by Health Service Commissioner
3
1
A complaint under Part V of the National Health Service Act 1977 to the Health Service Commissioner for England in relation to the Authority made before, on or after 1st April 1991 may be investigated by the Commissioner notwithstanding that the Authority has ceased to exist, as if the Secretary of State were a relevant body within the meaning of section 109 of the National Health Service Act 1977 and as if the complaint had been made in relation to the Secretary of State.
2
The Health Service Commissioner for England, where he conducts such an investigation, shall send a report of the result of his investigation to the Secretary of State.
Signed by authority of the Secretary of State for Health.
Stephen Dorrell
Parliamentary Under-Secretary of State,
Department of Health
1st March 1991


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Police (Promotion) (Amendment) Regulations 1991 and shall come into force on 1st October 1991.
2
In these Regulations “the principal Regulations ” means the Police (Promotion) Regulations 1979 and “the Schedule” means the Schedule to those Regulations.
Definitions in principal Regulations
2
Regulation 3(1) of the principal Regulations is amended–
a
in the definition of “examination agency”, by substituting for the words “Local Government Training Board” the words “Local Government Management Board”;
b
in the definition of “qualifying examination for promotion to the rank of sergeant” and “qualifying examination for promotion to the rank of inspector”, by substituting for the words “have the meanings respectively assigned to them by paragraph 1(1)” the words “mean the qualifying examinations for promotion to those ranks described in paragraph 1”; and
c
by deleting the definition of “special course”.
Qualification for promotion
3
Regulation 4 of the principal Regulations is amended by inserting after paragraph (3)–
4
Previous service within regulation 12(1)(a) to (d) or (2)(a) to (c) which constituted probationary service in the force or constabulary in question shall count for the purposes of paragraph (1)(c) above.
.
Accelerated promotion courses
4
The principal Regulations are amended by substituting for regulations 9 to 11–
Accelerated promotion courses
9
1
In this regulation “APC(S)” means a course for the time being recognised by the Secretary of State for the purposes of this regulation as the accelerated promotion course for sergeants and “APC(I)” means a course so recognised as the accelerated promotion course for inspectors; in this paragraph “course” means a course of training entailing periods of residence at the Police Staff College and beginning after 30th September 1991.
2
A constable who–
a
is qualified under regulation 4 for promotion to the rank of sergeant, and
b
is selected to attend APC(S),
shall be promoted to the rank of sergeant on the first day of his attendance.
3
A period spent attending APC(S)–
a
counts as service in the rank of sergeant for the purposes of regulation 4(2)(b), but
b
to the extent that it is spent in residence at the Police Staff College, does not count as probationary service in that rank for the purposes of regulation 7.
4
A sergeant who–
a
is qualified under regulation 4 for promotion to the rank of inspector, and
b
is selected to attend APC(I),
shall be promoted to the rank of inspector on the first day of his attendance but shall be on probation in that rank until he has completed one year’s service in it.
5
Promotion under paragraph (2) or (4)–
a
shall take place whether or not there is a vacancy in the authorised establishment for the rank in question, and
b
does not affect any existing or subsequent vacancy unless the person promoted is designated to fill it.
.
Recognition of certain constabulary promotion examinations
5
Regulation 12(2) of the principal Regulations is amended by substituting for the words after “in question,” the words
has at any time, including a time before 1st October 1991, obtained a pass in an examination which at that time constituted–
i
for the purposes of regulation 4(1)(a), the qualifying examination for promotion to the rank of sergeant, or
ii
for the purposes of regulation 4(2)(a), the qualifying examination for promotion to the rank of inspector,
shall be deemed to have obtained a pass in the qualifying examination for promotion to the rank in question for the purposes of these Regulations.
.
Qualifying examinations
6
1
Paragraph 1 of the Schedule is amended by substituting for sub-paragraph (1)–
1
The qualifying examinations referred to in this Schedule are examinations in police subjects, held under arrangements approved by the examinations board, on syllabuses prepared by the examinations board in consultation with the examination agency.
1A
Each of the qualifying examinations comprises–
a
Part I, consisting of a written paper, and
b
Part II, consisting of practical tests,
and Part II of a qualifying examination may be taken only if a pass has been obtained in Part I.
1B
There shall be held in 1991 Part I of the qualifying examination for promotion to the rank of inspector, and in each year after 1991–
a
each Part of the qualifying examination for promotion to the rank of inspector, and
b
each Part of the qualifying examination for promotion to the rank of sergeant.
.
2
Paragraph 2 of the Schedule is amended–
a
in sub-paragraph (a), by substituting for the words after “obtain a pass” the words “in any Part of a qualifying examination”; and
b
in sub-paragraph (b), by substituting for the words after “in which” the words “a person who has failed in Part II of a qualifying examination may attempt it a second time without again obtaining a pass in Part I”.
3
Paragraph 3 of the Schedule is amended by inserting after the word “papers” the words “and practical tests”.
4
Paragraph 5 of the Schedule is amended by substituting for sub-paragraphs (1) and (2)–
1
Subject to sub-paragraph (2A), a constable who will before 1st December in any year have completed 2 years' service and have either–
a
completed his probationary service, or
b
completed the required period of probation following a previous appoint ment in his present or any other police force,
is eligible to take Part I of the qualifying examination for promotion to the rank of sergeant in that year.
2
Subject to sub-paragraph (2A), a member of a police force who on 1st July in any year holds the rank of sergeant, otherwise than on temporary promotion under regulation 8(1), is eligible to take Part I of the qualifying examination for promotion to the rank of inspector in that year.
2A
A member of a police force who has at any time, including a time before 1st October 1991, obtained a pass in an examination which at that time constituted–
a
for the purposes of regulation 4(1)(a), the qualifying examination for promotion to the rank of sergeant, or
b
for the purposes of regulation 4(2)(a), the qualifying examination for promotion to the rank of inspector,
is not eligible to take Part I of the qualifying examination for promotion to the rank in question.
.
5
Paragraph 6 of the Schedule is amended by deleting the words after “agency”.
6
The Schedule is further amended by deleting paragraph 7.
Transitional provisions
7
The Schedule to these Regulations has effect with respect to transitional matters in connection with the coming into force of these Regulations.
Home Office
Kenneth Baker
One of Her Majesty’s Principal Secretaries of State
1st September 1991


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Community Charges (Information Concerning Social Security) Amendment Regulations 1991 and shall come into force on 1st April 1991.
2
In these Regulations “the principal Regulations ” means the Community Charges (Information Concerning Social Security) Regulations 1989 .
Amendment of regulation 3 of the principal Regulations
2
In regulation 3 of the principal Regulations (supply of relevant information to registration officers) —
a
in paragraph (2) for the words “paragraphs (3) and (4)” there shall be substituted the words “paragraph (3)”;
b
for paragraph (3) there shall be substituted the following paragraph —
3
The information is information as to the name and address of any person aged 18 or over, and of any partner aged 18 or over of that person, where that person —
a
is awarded income support but has not, at the time of the award, made a claim for community charge benefit at the appropriate social security office; or
b
changes his address, while in receipt of income support.
;
c
paragraph (4) shall be omitted.
Signed by authority of the Secretary of State for Social Security.
Ann Widdecombe
Parliamentary Under-Secretary of State,
Department of Social Security
7th February 1991


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Community Chargesand Non-Domestic Rating (Miscellaneous Provisions) Regulations 1991 andshall come into force on 4th May 1991.
2
In these Regulations —
“the Administration and Enforcement Regulations ” means the Community Charges (Administration and Enforcement)Regulations 1989 ;
“the Collection and Enforcement Regulations ” means the Non-Domestic Rating (Collection and Enforcement) (LocalLists) Regulations 1989 ; and
“demand notice”, in relation to a community charge and a rate, shall be construedin accordance with regulation 13(1) of the Administration andEnforcement Regulations and regulation 3(1) of the Collection andEnforcement Regulations, respectively.
Application of Regulations
2
These Regulations do not apply in relation to any demand notice inrespect of a personal or standard community charge or rate demand noticeissued before the coming into force of these Regulations.
Amendment of Regulations
3
Part I of Schedule 1 to the Administration and EnforcementRegulations and Part I of Schedule 1 to the Collection and EnforcementRegulations are amended —
a
in paragraph 1(2) by the insertion after the word“being” of the words“, subject to sub-paragraph (2A),”; and
b
by the insertion after sub-paragraph (2) of paragraph 1 of thefollowing sub-paragraph —
2A
Where the demand notice is issued in May, the number ofinstalments may be 10 or the number ascertained in accordance withsub-paragraph (2), as the charging authority determines.
.
Michael Heseltine
Secretary of State for the Environment
3rd May 1991
David Hunt
Secretary of State for Wales
3rd May 1991


text:
Citation
1
This Order may be cited as the Environmental Protection Act 1990 (Commencement No. 9) Order 1991.
Provisions coming into force on 10th July 1991
2
Section 152 of the Environmental Protection Act 1990 shall come into force on 10th July 1991.
Provisions coming into force on 1st August 1991
3
Section 49 of the Environmental Protection Act 1990 shall come into force on 1st August 1991.
Michael Heseltine
One of Her Majesty’s Principal Secretaries of State
9th July 1991


text:
1
This Order may be cited as the Capital Gains Tax (Annual Exempt Amount) Order 1991.
2
The amount specified, which by virtue of section 5 of the Capital Gains Tax Act 1979 is, unless Parliament otherwise determines, the exempt amount for the year 1991-92, is £5,500.
Gregory Knight
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
19th March 1991


text:
Title and commencement
1
This Order may be cited as the Islwyn (Pontllanfraith and Blackwood Communities) Order 1991.
2
This Order shall come into force on 18th March 1991.
Changes in areas
3
Between:
a
the point where the boundary between the community of Blackwood and the community of Pontllanfraith in the Borough of Islwyn and in the County of Gwent meets the eastern side of the turning point of Highfields Way, Blackwood, and
b
the point where such boundary meets the point on the Libanus Brook opposite the boundaries between numbers 75 and 77 Montclaire Avenue, Blackwood;
the said boundary shall be a line running along the centre of the culvert containing the Libanus Brook.
David Hunt
Secretary of State for Wales
20th February 1991


text:
Citation and commencement
1
1
This Order may be cited as the Cheshire, Derbyshire, Hereford and Worcester and Staffordshire (County Boundaries) Order 1991.
2
This Order shall come into force on 20th 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” means one of the 21 maps prepared by the Department of the Environment, marked “Maps of the Cheshire, Derbyshire, Hereford and Worcester and Staffordshire (County Boundaries) Order 1991”, duly numbered for reference and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976.
Transfers from Cheshire to Staffordshire
3
The part of the county of Cheshire, the borough of Congleton and the parish of Church Lawton marked A97 on boundary map 21 shall be transferred to —
a
the county of Staffordshire and the Kidsgrove electoral division of that county;
b
the borough of Newcastle-under-Lyme and the Kidsgrove ward of that borough;
c
the parish of Kidsgrove;
d
the Pirehill North petty sessional division;
e
the North Staffordshire Coroner’s district.
Transfers from Staffordshire to Cheshire
4
The part of the county of Staffordshire, the borough of Newcastle-under-Lyme and the parish of Kidsgrove marked A98 on boundary map 21 shall be transferred to —
a
the county of Cheshire and the Alsager and Lawton electoral division of that county;
b
the borough of Congleton and the Lawton ward of that borough;
c
the parish of Church Lawton;
d
the Congleton petty sessional division;
e
the West and Central Cheshire Coroner’s district.
Transfers from Hereford and Worcester to Staffordshire
5
Those parts of the county of Hereford and Worcester, the district of Wyre Forest and the parish of Wolverley and Cookley marked A95 and A96 on boundary map 20 shall be transferred to —
a
the county of Staffordshire and the Kinver electoral division of that county;
b
the district of South Staffordshire and the Kinver ward of that district;
c
the parish of Kinver;
d
the Seisdon petty sessional division;
e
the South Staffordshire Coroner’s district.
Transfers from Derbyshire to Staffordshire
6
1
The area or areas of the county of Derbyshire marked on a boundary map as shown in column 1 of Schedule 1 to this Order and forming part of the district and of the parish, if any, specified in relation thereto in columns 2 and 3 respectively shall be transferred to —
a
the county of Staffordshire;
b
the electoral division of that county specified in relation to the area or areas in question in column 4 of that Schedule;
c
the district and the electoral ward of that district specified in relation to the area or areas in question in columns 5 and 6 respectively;
d
the parish or unparished area, petty sessional division and Coroner’s district specified in relation to the area or areas in question in column 7.
2
Where, in relation to an area or areas for which a parish is specified in column 3 of Schedule 1, an unparished area is specified in column 7 of that Schedule, that area, or those areas, shall cease to form part of a parish.
Transfers from Staffordshire to Derbyshire
7
The area or areas of the county of Staffordshire marked on a boundary map as shown in column 1 of Schedule 2 to this Order and forming part of the district and of the parish, if any, specified in relation thereto in columns 2 and 3 respectively shall be transferred to —
a
the county of Derbyshire;
b
the electoral division of that county specified in relation to the area or areas in question in column 4 of that Schedule;
c
the district and the electoral ward of that district specified in relation to the area or areas in question in columns 5 and 6 respectively;
d
the parish or unparished area, petty sessional division and Coroner’s district specified in relation to the area or areas in question in column 7.
Town and country planning
8
Any provision of a development plan applying to an area transferred by this Order shall continue to apply thereto notwithstanding the transfer; and after such transfer, any such provision shall, so far as it so applies, be for all purposes deemed to be a provision of a corresponding plan of the authority which becomes the appropriate local planning authority for the transferred area as a result of the transfer.
Signed by authority of the Secretary of State for the Environment
Blatch
Parliamentary Under Secretary of State,
Department of the Environment
21st February 1991