text:
1
This Order may be cited as the Export of Goods (Control) (Amendment) Order 1990 and shall come into force on 14th February 1990.
2
The Export of Goods (Control) Order 1989 shall be amended as follows:
a
for article 3 there shall be substituted the following:
3
The prohibition in article 2(xiii) of this Order shall not apply to any exportation to any destination in the United States of America or the Commonwealth of Puerto Rico which is in accordance with a European Community export licence issued by the competent authority of a Member State in conformity with the provisions of Commission Regulation ( EEC ) No. 3725/89 or Commission Regulation (EEC) No. 3726/89 or Commission Decision No. 3727/89/ EC SC , and which is covered by an export certificate drawn up in conformity with those provisions.
;
b
in Group A of Part I of Schedule 1 (Goods specified by reference to Headings and Sub-headings of the Combined Nomenclature (“ CN ”)), there shall be deleted the entries relating to the following CN headings:
262030 (Ash and residues, (other than from the manufacture of iron or steel), containing metals or metallic compounds – containing mainly copper);
720410 (Waste and scrap metal of cast iron ( ECSC ), Waste and scrap of alloy steel);
720421 (Waste and scrap of stainless steel (ECSC));
720429 (Other (ECSC));
720430 (Waste and scrap of tinned iron or steel);
720441 (Turnings, shavings, chips, milling waste, sawdust, filings, trimmings and stampings, whether or not in bundles (ECSC));
720449 (Other (ECSC));
720450.10 (Remelting scrap ingots: of alloy steel (ECSC));
7404 (Copper waste and scrap);
7602 (Aluminium waste and scrap);
7802 (Lead waste and scrap);
790200 (Zinc waste and scrap);
c
for Group C of Part I of Schedule 1 (Steel products prohibited to be exported to the United States of America or the Commonwealth of Puerto Rico) there shall be substituted the following:
The products specified in Annex I to the following Community instruments on the restriction of exports of certain steel products to the United States of America,
Council Regulation (EEC) No. 3722/89
Council Regulation (EEC) No. 3723/89 and
Commission Decision No. 3724/89/ECSC .
;
d
in Group 1 of Part II of Schedule 1 —
i
after entry ML1 (Small arms and machine guns) there shall be inserted the following new entry:
PL5018 Smooth-bore weapons other than those specially designed for military use C except air weapons (other than those declared by the Firearms (Dangerous Air Weapons) Rules 1969 to be specially dangerous).
;
ii
in entry PL5006 (Apparatus and devices specially designed for dealing with improvised explosive devices), after the words “dealing with improvised explosive devices” there shall be inserted the words “and specially designed ODMA software therefor”;
e
in Group 3G of Part II of Schedule 1, in entry IL1565 (Electronic computers, related equipment, equipment or systems containing electronic computers, and technology therefor) —
i
in paragraph (a) of exception (i) to head (h), for the words “or they” in the second line there shall be substituted the words “and they”;
ii
for exception (vii) to head (h) there shall be substituted the following:
vii
personal computers (and related equipment therefor) meeting all the following conditions:
a
they are not specified in head (h)(1) or (2) above;
b
they are exported as complete systems;
c
they are not stand-alone graphic workstations which —
1
are designed or modified for the generation transformation and display of 2 or 3 dimensional vectors;
2
are not designed for and limited to graphic arts (including the printing or publishing thereof);
3
have a total processing data rate of the central processing unit exceeding 28 million bit per second;
4
have a central processing unit with a word-length exceeding 16 bit
(NOTE:
Microprocessor based systems with 16 bit word-length and not more than a 32 bit architecture shall be regarded as 16 bit systems for the purposes of sub-paragraph (4)); and
5
exceed a block-move data rate of 800,000 pixels/sec or a maximum bit transfer rate of the channel for direct access to the main storage (Direct Memory Access or DMA channel) of 11 million bit per second;
d
they are not ruggedised above the level required for a normal commercial or office environment;
e
they do not include a central processing unit implemented with more than two microprocessors or microcomputer microcircuits, other than:
1
any dedicated microprocessor or microcomputer microcircuit used solely for display, keyboard or input/output control, or
2
any bit-slice microprocessor microcircuit;
f
they do not include a microprocessor or microcomputer microcircuit with a principal operand (data) word-length of more than 16 bit or a bus architecture with more than 32 bit;
g
they have a total connected capacity of main storage not exceeding 39 million bit (usually referred to as 4 MByte with up to 64kByte of cache allowed);
h
they have displays or monitors not exceeding either:
1
1024 resolvable elements along any axis and 64 shades of grey or colour; or
2
320 resolvable elements along any axis and 256 shades of grey or colour;
i
they do not include analogue-to-digital or digital-to-analogue converter microcircuits specified in entry IL1568 in this Group 3G, other than for direct-driven video monitors for normal commercial television;
j
they have a central processing unit with a total processing data rate not exceeding 69 million bit per second;
k
where control unit-disk drive combinations are included, they have all the following characteristics —
1
a total transfer rate not exceeding 10.3 million bit per second,
2
a total connected net capacity not exceeding 1320 million bit (140 MBytes),
3
a total access rate not exceeding 80 accesses per second, with a maximum of 40 accesses per second for any one drive; and
l
they do not include any equipment specified in sub-head (a)(2) of entry IL1519 in Group 3F (Telecommunication transmission equipment and measuring and test equipment), or in entry IL1567 in this Group 3G (Stored-programme-controlled communication switching equipment or systems and technology therefor);
.
Eric Beston
An Assistant Secretary,
Department of Trade and Industry
29th January 1990


type: legislation

jurisdiction: UK

text:
1
These Regulations may be cited as the Value Added Tax (Cash Accounting) (Amendment) (No. 2) Regulations 1990 and shall come into force on 1st October 1990.
2
In regulations 4(1)(a), 6(2)(a) and 6(2)(b) of the Value Added Tax (Cash Accounting) Regulations 1987 , for “£250,000” there shall be substituted “£300,000”.
Diana Seammen
Commissioner of Customs and Excise
New King’s Beam House,
22 Upper Ground,
London SE1 9PJ
27th September 1990


text:
1
The new highway which the Secretary of State proposes to construct along the route described in the Schedule to this Order shall become a trunk road as from the date when this Order comes into force.
2
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk road that —
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purpose of through traffic.
4
In this Order —
1
all measurements of distance are measured along the route of the relevant highway.
2
i
“the deposited plan”
means the plan numbered HA10/1 CNW 288 marked “The Samlesbury — Skipton Trunk Road (A59 Mellor Brook Bypass) Order 1990” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, Marsham Street, London SW1P 3PY;
ii
“the new trunk road”
means the highway mentioned in article 1 of this Order.
5
This Order shall come into force on 6th August 1990 and may be cited as the Samlesbury-Skipton Trunk Road (A59 Mellor Brook Bypass) Order 1990.
Signed by authority of the Secretary of State for Transport
D. C. Renshaw
Regional Director North West Region
Department of Transport
11th June 1990


text:
1
These Regulations may be cited as the Public Service Vehicles (Drivers' Licences) (Amendment) Regulations1990 and shall come into force on 18th June 1990.
2
The Public Service Vehicles (Drivers' Licences) Regulations 1985 shall be amended in accordance with the following provisions of these Regulations.
3
In regulation 9(1) (Persons who may conduct tests) there shall be inserted the following sub-paragraphs –
, or
c
he is authorised to do so by the Secretary of State for Defence, and the test is of a person in the service of the Crown under his department, or
d
he is authorised to do so, in England and Wales, by the chief officer of any fire brigade maintained in pursuance of the Fire Services Act 1947 or, in Scotland, by the firemaster of such a brigade, and the test is of a member of any such brigade or of a person employed in the driving of motor vehicles for the purposes of any such brigade, or
e
he is authorised to do so by any chief officer of police and the test is —
i
of a member of a police force, or
ii
of a person employed in the driving of motor vehicles for police purposes by a police authority or by the Receiver for the Metropolitan Police District.
.
4
For paragraph (2) of regulation 10 (Fees for tests and the provision of facilities) there shall be substituted the following paragraph —
2
The fee hereby prescribed as the fee for the provision by commissioners of facilities for an applicant for a licenceto undergo a test shall be
a
£42 if the application for the licence, with which the fee is required to be paid by paragraph (3) below, is made before 18th June 1990; and
b
£45 if that application is made on or after that date.
Signed by authority of theSecretary of State for Transport
Robert Atkins
Parliamentary Under Secretary of State,
Department of Transport
21st May 1990


text:
Citation and commencement
1
These Regulations may be cited as the Education (Further and Higher Education Institutions Access Funds) Regulations 1990 and shall come into force on 1st September 1990.
Interpretation
2
In these Regulations —
“access funds” means any funds paid by the Secretary of State under Regulation 3; and
an “institution” means —
any institution mentioned in the Schedule hereto; or
any institution which —
provides full-time courses of further or higher education (or both); and
is maintained by a local education authority or designated by or under regulations made under section 218 of the Education Reform Act 1988 as an institution substantially dependent for its maintenance on assistance from local education authorities.
Payments
3
1
The Secretary of State may make payments of grant to the governing body of any institution in respect of expenditure incurred or to be incurred by the governing body in providing financial assistance to students to whom educational services are provided by the institution.
2
Payments under this regulation shall be made at such times and in such instalments as the Secretary of State considers appropriate.
Conditions
4
Payment of access funds shall be dependent on the fulfilment of such conditions as may be specified by the Secretary of State.
Requirements to be observed
5
The governing body of any institution to whom access funds are paid under these Regulations shall —
a
keep such records and accounts and furnish to the Secretary of State such information, returns and accounts relating to receipts and disbursements of access funds as the Secretary of State may require;
b
make such repayments of access funds not expended for the purposes of these Regulations as the Secretary of State may require;
c
provide financial assistance from access funds only to such classes or categories of students as the Secretary of State may specify;
d
comply with such other requirements as may be specified by the Secretary of State.


text:
Citation, commencement, interpretation
1
1
This Order may be cited as the Isles of Scilly (Road Traffic Regulation) Order 1990 and shall come into force on 9th April 1990.
1
In this Order —
“the Council” means the Council of the Isles of Scilly;
“the Isles” means the Isles of Scilly.
Application of the Road Traffic Regulation Act 1984.
2
1
The provisions of the Road Traffic Regulation Act 1984 other than sections 26(4) and 39 shall apply to the Isles, subject to the modification specified in paragraph (2) below, as if the Isles were a separate county.
2
The modifications are the following —
a
any reference to a county council or a local authority shall be construed as including a reference to the Council;
b
any reference (however expressed) to the council of the county in which a place is or to the local authority in whose area a place is shall, in relation to a place in the Isles, be construed as a reference to the Council; and
c
in section 142, for the definition of “highway authority” there shall be substituted —
“highway authority” means the Council of the Isles of Scilly;
Revocation
3
The Isles of Scilly (Road Traffic Regulation) Order 1971 is hereby revoked.
Cecil Parkinson
Secretary of State for Transport
19th March 1990


text:
1
This Order may be cited as the Export of Goods (Control) (Amendment No. 3) Order 1990 and shall come into force on 15th April 1990.
2
The Export of Goods (Control) Order 1989 shall be further amended as follows:
a
Article 4(e) shall be deleted; and
b
in Group A of Part I of Schedule 1 (Goods specified by reference to Headings and Sub-headings of the Combined Nomenclature (“ CN ”)), there shall be deleted the entries relating to the following CN headings:
91801 (Cocoa beans, whole or broken, raw or roasted);
9ex 1803 (Cocoa paste (in bulk or block), whether or not defatted);
91804 (Cocoa butter, fat and oil);
9ex 1805 (Cocoa powder, not containing added sugar or other sweetening matter, otherwise than in retail packs each of less than 3.5 kg ).
D E Love
An Assistant Secretary,
Department of Trade and Industry
10th April 1990


text:
Citation and commencement
1
This Order may be cited as the Radioactive Substances (Hospitals) Exemption Order 1990 and shall come into force on 1st January 1991.
Interpretation
2
1
In this Order —
“activity” means the number of spontaneous nuclear transformations occurring in a radioactive substance in a period of one second;
“alpha emitters” means radionuclides (including those which are decay products of others present) which emit alpha particles;
“closed source” means an object free from patent defect which consists of or includes one or more radionuclides firmly incorporated on, in or sealed within solid inert non-radioactive material so as to prevent the dispersion of any radioactive material in normal use;
“decay products” means, in relation to any radionuclide, the radionuclides succeeding it in the same radioactive series;
“hospital” means —
any institution for the reception and treatment of persons suffering from illness (including any mental disorder within the meaning of the Mental Health Act 1983 or, in Scotland, the Mental Health (Scotland) Act 1984 and any injury or disability requiring medical or dental treatment or nursing);
any maternity home;
any institution for the reception and treatment of persons during convalescence or persons requiring medical rehabilitation;
any nursing home or mental nursing home within the meaning of Part II of the Registered Homes Act 1984 or, in Scotland, section 10(2) and (3) of the Nursing Homes Registration (Scotland) Act 1938 ;
any clinic, dispensary or out-patient department maintained in connection with any such institution or home, and
“hospital premises” shall be construed accordingly;
“liquid” includes a liquid with solid matter in suspension in it;
“patient” includes an expectant or nursing mother and a lying-in woman;
“waste collection authority” means a collection authority within the meaning of Part I of the Control of Pollution Act 1974 or a waste collection authority within the meaning of Part II of the Environmental Protection Act 1990 ;
“site licence” means a disposal licence within the meaning of Part I of the Control of Pollution Act 1974 or a site licence within the meaning of Part II of the Environmental Protection Act 1990 ;
“ the Act ” means the Radioactive Substances Act 1960.
2
Any reference in this Order to the sum total activity is a reference to the sum total ascertained by measurement by a reliable method or, where it is not reasonably practicable to ascertain the sum total by measurement, the sum total estimated in a reliable manner.
Exemption from registration
3
1
Subject to paragraph (3) below and the conditions specified in Schedule 1 to this Order, a person using premises as a hospital is exempted from registration under section 1 of the Act in respect of those premises in relation to the keeping and use on those premises of radioactive material to which paragraph (2) below applies which is kept or used on the premises for the purposes of medical diagnosis, treatment of patients or supply to another hospital.
2
This paragraph applies to radioactive material which is solid or liquid, contains no alpha emitters and, in the case of solid material, is not a closed source.
3
Paragraph (1) does not apply where a registration under section 1 of the Act is in force in respect of the premises.
Exclusion for certain disposals
4
1
Subject to paragraph (2) below and the conditions specified in Schedule 2 to this Order, radioactive waste arising on hospital premises is excluded from the provisions of section 6(1) of the Act if it is solid or liquid waste, contains no alpha emitters and —
a
immediately before it became waste it was radioactive material to which article 3(2) above applies; or
b
it is a substance or an article which is radioactive solely because it has been contaminated in the course of the keeping or use of radioactive material on those premises for the purposes of medical diagnosis, treatment of patients or supply to another hospital or by contact with or proximity to other waste falling within this paragraph; or
c
it is human excreta; or
d
it is residual ash (including cinders and other debris) produced by the burning of other waste falling within this paragraph.
2
Paragraph (1) does not apply where an authorisation under section 6(1) of the Act is in force in respect of the disposal of radioactive waste on or from the premises.
3
Radioactive waste to which paragraph (1) above applies is excluded from section 6(3)of the Act if —
a
it is solid waste and it has been removed from the premises by a person other than a waste collection authority for disposal at the same place as substantial quantities of non-radioactive waste in or on land subject to a site licence; or
b
it is solid waste and it has been removed from the premises by a waste collection authority; or
c
it is solid waste or flammable liquid waste and it has been removed from the premises by a person other than a waste collection authority for disposal by burning on other hospital premises, subject to the condition that it is disposed of by burning on those other premises in compliance with paragraph 5 of Schedule 2 to this Order.
Exclusion for certain accumulations
5
1
Radioactive waste to which article 4(1) above applies is excluded from the provisions of section 7(1) of the Act if it is kept in a closed container on hospital premises and it is disposed of within a period of two weeks beginning with the date upon which the waste arises.
2
Radioactive waste which has been removed from hospital premises in accordance with article 4(3) above is excluded from the provisions of section 7(1) of the Act subject to the condition that it is disposed of as soon as practicable after its removal.
Revocation
6
The instruments listed in Schedule 3 to this Order are hereby revoked.
Michael Heseltine
Secretary of State for the Environment
10th December 1990
David Hunt
Secretary of State for Wales
10th December 1990
Signed by authority of the Secretary of State for Scotland
James Douglas-Hamilton
Parliamentary Under-Secretary of State, Scottish Office
10th December 1990


text:
PART I
GENERAL
Citation and Entry into Force
1
This Order may be cited as the European Bank for Reconstruction and Development (Immunities and Privileges) Order 1990 and shall come into force on the date on which the Agreement establishing the European Bank for Reconstruction and Development enters into force in respect of the United Kingdom. That date shall be notified in the London, Edinburgh and Belfast Gazettes.
Interpretation
2
In this Order “the 1961 Convention Articles” means the Articles (being certain Articles of the Vienna Convention on Diplomatic Relations signed in 1961) which are set out in Schedule 1 to the Diplomatic Privileges Act 1964 .
PART II
THE BANK
3
The European Bank for Reconstruction and Development (hereinafter referred to as “the Bank”) is an organisation of which the United Kingdom and other sovereign Powers are members.
4
The Bank shall have the legal capacities of a body corporate.
5
Except to the extent that the Board of Directors of the Bank shall have waived such immunity, the Bank shall have immunity from suit and legal process —
a
where the Bank has no office in the United Kingdom, nor appointed an agent in the United Kingdom for the purpose of accepting service or notice of process, nor has issued or guaranteed securities in the United Kingdom; or
b
where actions are brought by any member of the Bank or by any person acting for or deriving claims from any member of the Bank; or
c
in respect of any form of seizure of, or attachment or execution on, the property or assets of the Bank, wheresoever located or by whomsoever held, before the delivery of final judgment against the Bank; or
d
in respect of the search, requisition, confiscation or expropriation of the property or assets of the Bank, wheresoever located and by whomsoever held.
6
The Bank shall have the like inviolability of official archives as, in accordance with the 1961 Convention Articles, is accorded in respect of the official archives of a diplomatic mission.
7
Within the scope of its official activities the Bank, its property and income shall have exemption from taxes on income and capital gains.
8
The Bank shall have the like relief from rates on its official premises as in accordance with Article 23 of the 1961 Convention Articles is accorded in respect of the premises of a diplomatic mission.
9
The Bank shall be exempt from duties (whether of customs or excise) and taxes on the importation by it or on its behalf of goods and publications necessary for the exercise of the official activities of the Bank, such exemption to be subject to compliance with such conditions as the Commissioners of Customs and Excise may prescribe for the protection of the Revenue.
10
The Bank shall be exempt from prohibitions and restrictions on importation or exportation in the case of goods and publications imported or exported by the Bank and necessary for the exercise of its official activities.
11
The Bank shall have relief, under arrangements made by the Commissioners of Customs and Excise, by way of refund of duty (whether of customs or excise) paid on imported hydrocarbon oil (within the meaning of the Hydrocarbon Oil Duties Act 1979 ) or value added tax paid on the importation of such oil which is bought in the United Kingdom and is necessary for the exercise of its official activities, such relief to be subject to compliance with such conditions as may be imposed in accordance with the arrangements.
12
The Bank shall have relief, under arrangements made by the Secretary of State, by way of refund of car tax paid on any vehicles and value added tax paid on the supply of any goods or services of substantial value which are necessary for the exercise of the official activities of the Bank, such relief to be subject to compliance with such conditions as may be imposed in accordance with the arrangements.
PART III
OFFICERS, EMPLOYEES AND EXPERTS
13
Except in so far as any privilege or immunity is waived by the Board of Directors or the President of the Bank, any Governor, Director, Alternate, officer or employee of the Bank and any expert performing a mission for the Bank shall enjoy —
a
immunity from suit and legal process in respect of acts, performed by him in his official capacity, except in respect of civil liability in the case of damage arising from a road traffic accident caused by him;
b
such immunity from suit and legal process as is necessary to ensure that all their official papers and documents have the like inviolability as, in accordance with the 1961 Convention Articles, is accorded in respect of official archives of a diplomatic mission.
14
1
As from the date on which an internal effective tax for the benefit of the Bank on the emoluments paid to him by the Bank is applied, any Director, Alternate Director, officer or employee of the Bank shall enjoy exemption from income tax in respect of such emoluments, provided that nothing in this paragraph shall be interpreted as precluding such emoluments from being taken into account for the purpose of assessing the amount of taxation to be applied to income from other sources.
2
Paragraph (1) of this Article shall not apply to pensions and annuities paid by the Bank.
G. I. de Deney
Clerk of the Privy Council


text:
1
1
These Regulations may be cited as the Local Government (Politically Restricted Posts) (No. 2) Regulations 1990 and shall come into force on 8th August 1990.
2
In these Regulations —
“ the Act ” means the Local Government and Housing Act 1989;
“the National Joint Council” means the National Joint Council for Local Authorities' Administrative, Professional, Technical and Clerical Services;
“the Scottish Council” means the Scottish Council for Local Authorities' Administrative, Professional, Technical and Clerical Services;
“the National Joint Council’s Scheme” means the National Joint Council’s Scheme of Conditions of Service;
“the Scottish Council’s Scheme” means the Scottish Council’s Scheme of Salaries and Conditions of Service; and
“scheme terms” means the terms and conditions of appointment or employment specified, as respects posts in England and Wales, in the National Joint Council’s Scheme and, as respects posts in Scotland, in the Scottish Council’s Scheme.
2
1
Subject to paragraphs (2) and (3), the amount for the purposes of section 2(2) of the Act is (so long as it is higher than £19,500) such amount as is published from time to time —
a
as respects full-time posts under a local authority in England or Wales, by the National Joint Council; or
b
as respects full-time posts under a local authority in Scotland, by the Scottish Council,
as the amount assigned to spinal column point 44 of the salary scales for local government officers incorporated in the National Joint Council’s Scheme or, as the case may be, the Scottish Council’s Scheme.
2
In the case of a post in respect of which an officer is appointed or employed on scheme terms and is entitled to an allowance of any of the descriptions specified in paragraph (4) (“the relevant allowance”), the amount for the purposes of section2(2) of the Act is (so long as it is higher than £19,500) an amount equal to the aggregate of —
a
the appropriate published amount referred to in paragraph (1); and
b
such amount as is published from time to time —
i
as respects England or Wales, by the National Joint Council; or
ii
as respects Scotland, by the Scottish Council,
as the amount of the relevant allowance.
3
In the case of a post in respect of which —
a
an officer is not appointed or employed on scheme terms; and
b
he would, if appointed or employed on such terms, be entitled to the relevant allowance,
the amount for the purposes of section 2(2) of the Act is (so long as it is higher than £19,500) an amount equal to the aggregate of the appropriate published amount referred to in paragraph (1) and the appropriate published amount referred to in paragraph (2)(b) to which the officer would be entitled if he were appointed or employed on scheme terms.
4
The descriptions of allowance specified in this paragraph are —
a
Inner London Allowance;
b
Outer London Allowance;
c
Inner Fringe Area Allowance; and
d
OuterFringe Area Allowance,
as described in the National Joint Council’s Scheme, and
e
Distant Islands Allowance,
as described in the Scottish Council’s Scheme.
3
The Local Government (Politically Restricted Posts) Regulations 1990 are hereby revoked.
Chris Patten
Secretary of State for the Environment
17th July 1990
Malcolm Rifkind
Secretary of State for Scotland
18th July 1990
David Hunt
Secretary of State for Wales
18th July 1990


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Industrial Injuries) (Regular Employment) Regulations 1990 and shall come into force on 1st April 1990.
2
In these Regulations, “the 1975 Act ” means the Social Security Act 1975.
Meaning of “regular employment”
2
1
Subject to the following provisions of this regulation, “regular employment”, for the purposes of section 59B of the 1975 Act, means, in relation to any person and any week, gainful employment (whether or not under a contract of service) which the person undertakes for 10 hours or more in a week which forms part of a period of 5 or more consecutive weeks in which such employment is undertaken.
2
For the purposes of section 59B of the 1975 Act, a person —
a
if he is engaged in regular employment, shall be regarded as not having given up that employment, or
b
if he is not so engaged, shall be regarded as having returned to regular employment, in any week falling within a period of 5 consecutive weeks during which the total number of hours gainfully employed, when averaged over the whole of that period, amounts to 10 or more for each week within that period.
3
A person shall be regarded for those purposes as not having given up regular employment in any week in which he has one or more days of interruption of employment.
Signed by authority of the Secretary of State for Social Security.
Henley
Parliamentary Under-Secretary of State,
Department of Social Security
13th February 1990


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Contributions) (Re-rating) Consequential Amendment Regulations 1990 and shall come into force on 6th April 1990 immediately after the coming into force of the Social Security (Contributions) (Re-rating) Order 1990 .
Amendment to Regulations
2
In regulation 98 of the Social Security (Contributions) Regulations 1979 (modification of provisions of the Social Security Act 1975 in relation to share fishermen), in paragraph (c) (weekly rate of any Class 2 contributions payable by share fishermen) for the sum of “£5.80” there shall be substituted the sum of “£6.15”.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
14th March 1990


text:
1
This Order may be cited as the Education (Inner London Education Authority) (Property Transfer) (Amendment) Order 1990 and shall come into force–
for the purposes of article 2(c), on 27th February 1990;
and for the purposes of article 2(a) and (b) on 1st April 1990.
2
The Education (Inner London Education Authority) (Property Transfer) Order 1990 is amended–
a
by the substitution for paragraph (2) of article 3 of the following paragraph:
2
Paragraph (1) does not apply to land–
a
held for investment;
b
which is the subject of any agreement for disposal by ILEA , or of a resolution by ILEA or any committee or sub-committee of ILEA to the effect that the land is surplus to ILEA’s requirements and should be disposed of; or
c
which is specified in any schedule to this Order.
;
b
by the deletion, in paragraph (2) of article 5, of the words “, subject to paragraph (3),”; and
c
by the substitution, in paragraph (2) of article 11, of the date “15th March 1990” for the date “27th February 1990”.
John MacGregor
Secretary of State for Education and Science
22nd February 1990


text:
Citation and commencement
1
These Regulations may be cited as the Public Service Vehicle Operators (Qualifications) Regulations 1990 and shall come into force on 11th October 1990.
Amendments of Schedule 3 to the Public Passenger Vehicles Act 1981
2
1
Schedule 3 to the Public Passenger Vehicles Act 1981 shall have effect with the amendments specified in the Schedule to these Regulations.
2
None of those amendments affects applications for licences made before the coming into force of these Regulations.
3
The amendment made by paragraph 2 of the Schedule applies only in relation to a licence issued on or after the day on which these Regulations come into force other than a licence issued to a person who has continuously held a licence since before that day and up to the time when the new licence is issued.
Cecil Parkinson
Secretary of State for Transport
30th August 1990


text:
1
1
This Order may be cited as the British Nationality (Namibia) Order 1990 and shall come into force on the 25th August 1990.
2
Schedule 3 to the British Nationality Act 1981 (countries whose citizens are Commonwealth citizens) is amended by inserting the word “Namibia” at the end.
G. I. de Deney
Clerk of the Privy Council


text:
Title and commencement
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (England) Amendment Order 1990 and shall come into force on 15th January 1990.
Partial revocation and amendment
2
The Food Protection (Emergency Prohibitions) (England) Order 1987 is revoked to the extent that it imposes prohibitions on —
a
the slaughter of a sheep which was moved from any place in accordance with a consent given under section 2(1) of the Food and Environment Protection Act 1985 on or before 1st October 1989 which consent was subject to the condition that the sheep to which it applies should be marked with a green mark; and
b
the slaughter of a sheep which —
i
was moved from any place in accordance with a consent given under the said section 2(1) on or after 15th January 1990, which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark; and
ii
has been examined and marked with an ear-tag by a person authorised in that behalf by one of the Ministers; and
c
the supply or having in possession for supply of meat, or food containing meat, derived from a sheep described in paragraph (a) or (b) of this article,
and accordingly that Order is further amended in accordance with the following provisions of this Order.
3
In article 6, for paragraph (2) there shall be substituted the following paragraph —
2
Paragraph (1) above shall not apply in the case of —
a
any sheep which was moved to a market in accordance with a consent given under section 2(1) of the Act which consent did not require that the sheep to which it applies should be marked in a manner specified therein;
b
any sheep which was moved from any place in accordance with a consent given under the said section 2(1) on or before 8th January 1989 which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark;
c
any sheep which was moved from any place in accordance with a consent given under the said section 2(1) on or before 30th July 1989 which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark;
d
any sheep which was moved from any place in accordance with a consent given under the said section 2(1) on or before 1st October 1989 which consent was subject to the condition that the sheep to which it applies should be marked with a green mark; or
e
any sheep which —
i
was moved from any place in accordance with a consent given under the said section 2(1) which consent was subject to the condition that the sheep to which it applies should be marked with a red mark; or
ii
was moved from any place in accordance with such a consent given on or after 15th January 1990 which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark; or
iii
was moved from any place in accordance with such a consent given on or after 2nd October 1989 which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark,
and which, in any case, has been examined and marked with an ear-tag by a person authorised in that behalf by one of the Ministers.
.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 10th January 1990.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food


text:
Commencement and citation
1
These Regulations shall come into force on 4th April 1990 and be cited as the Motor Vehicles (Type Approval and Approval Marks) (Fees) Regulations 1990.
Revocation
2
The Motor Vehicles (Type Approval and Approval Marks) (Fees) Regulations 1989 are hereby revoked.
Interpretation
3
1
Unless the context otherwise requires, any reference in these Regulations to:
a
a numbered regulation or Schedule is a reference to the regulation of or Schedule to these Regulations bearing that number;
b
a numbered paragraph is a reference to the paragraph bearing that number in the regulation or Schedule in which that number appears; and
c
a numbered section is a reference to the section bearing that number in the Road Traffic Act 1988.
2
In these Regulations, except where the context otherwise requires:–
“applicant” means an applicant for the issue of a type approval certificate or authorisation for a vehicle or vehicle part for the purpose of a Community Instrument or ECE Regulation , an applicant for the issue of a type approval certificate or Minister’s approval certificate for a vehicle or vehicle part for the purpose of the national type approval scheme, or an applicant for the issue of a sound level measurement certificate;
“approval mark” means a marking designated as an approval mark by Regulations made under section 80;
“approval requirements” means —
the requirements for examination and approval as regards the type approval requirements specified in–
a Community Instrument;
Schedule 1 to the Great Britain Regulations ;
Schedule 1 to the Great Britain Regulations for Goods Vehicles ; and
an ECE Regulation; or
the requirements for examination and marking authorisation relating to a marking designated as an approval mark by the Motor Vehicles (Designa tion of Approval Marks) Regulations 1979 ;
“authorisation” means an authorisation in writing given by the Secretary of State for the application of an approval mark to a vehicle or vehicle part;
“Community Instrument” means a Council Regulation, a Council Directive or a Commission Directive;
“ECE Regulation” means a Regulation annexed to the Agreement concerning the adoption of uniform conditions of approval for motor vehicle equipment and parts and reciprocal recognition thereof concluded at Geneva on 20th March 1958 as amended to which the United Kingdom is a party ;
“examination” means any examination or test, or series of examinations or tests carried out on a vehicle or vehicle part to ascertain that in respect of that vehicle or vehicle part approval requirements have been satisfied;
“Great Britain Regulations” means the Motor Vehicles (Type Approval) (Great Britain) Regulations 1984 ;
“Great Britain Regulations for Goods Vehicles” means the Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) Regulations 1982 ;
“Government or approved premises” means premises established or approved by the Secretary of State for Transport for the examination of vehicles or vehicle parts for the purposes of the national type approval scheme, or for the purpose of a Community Instrument or an ECE Regulation;
“motorcycle” has the same meaning as in the Motorcycles (Sound Level Measure ment Certificates) Regulations 1980 ;
“national type approval scheme” means the scheme for the type approval of vehicles and vehicle parts provided for in the Great Britain Regulations and the Great Britain Regulations for Goods Vehicles;
“sound level measurement certificate” has the same meaning as in the Motorcycles (Sound Level Measurement Certificates) Regulations 1980;
“type approval certificate”, “Minister’s approval certificate” and “authorisation” include a modified or duplicate type approval certificate, Minister’s approval certificate or authorisation as the case may be;
“ Type Approval Regulations ” means the Motor Vehicles (Type Approval) Regulations 1980 .
3
A reference in these Regulations to a vehicle in category L2 or L5 is a reference to a vehicle described respectively as L2 or L5 in ECE Regulation 13 of 29th May 1969 and a reference to a vehicle in category M1, M2, M3, N1, N2 or N3 is a reference to a vehicle described respectively as M1, M2, M3, N1, N2 or N3 in Council Directive 70/156/ EEC of 6th February 1970 .
Fees — basic scale for examinations of vehicles or parts of vehicles
4
1
In this regulation any reference to a numbered column is a reference to the column bearing that number in Part II of Schedule 1.
2
Subject to the subsequent provisions of these Regulations, the fee prescribed as regards an approval requirement specified in relation to a fee number in column 1 is the fee specified in relation to that fee number in column 4.
3
Part I of Schedule 1 contains an index to Part II of that Schedule.
4
Where, in relation to an approval requirement specified in column 2, more than one type of examination or more than one type of vehicle or vehicle part is specified in column 3 in connection with that approval requirement, the fee prescribed as regards that approval requirement is that specified in column 4 opposite the examination, vehicle or vehicle part in question.
5
The fees specified in column 4(a) are hereby prescribed in a case where the examination is to be carried out on Government or approved premises by an officer of the Department of Transport or a person appointed by the Secretary of State to act on his behalf.
6
The fees specified in column 4(b) are hereby prescribed in a case where the examination is to be carried out at other premises under the supervision of an officer of the Department of Transport or a person appointed by the Secretary of State to act on his behalf.
7
Schedule 6 shall have effect for the interpretation of–
a
certain expressions relating to Community Instruments and ECE Regulations , and
b
certain abbreviations,
used in Schedule 1.
Fees — consecutive examinations
5
Where more than one vehicle or vehicle part of the same type but embodying minor variations are submitted by an applicant with a view to carrying out the examinations consecutively on each item, and the case is one where all the examinations can be carried out without setting up the examination apparatus again, the fee to be paid for the carrying out of each examination after the first one is such proportion of the fee prescribed in regulation 4 as the Secretary of State considers to be appropriate in view of the work involved in carrying out such examination.
Fees — partial examinations
6
1
Where a certificate to which this paragraph applies has been issued in relation to a vehicle or vehicle part and in consequence of an alteration in the design specification of the vehicle or vehicle part, either–
a
a further examination of the vehicle or vehicle part is needed with a view to the issue of a modified or further certificate but the alteration is not so extensive as to require that the further examination shall be as complete and exhaustive as the original examination; or
b
an applicant requires a modification of a certificate but the alteration is not so extensive as to require a further examination of the vehicle or vehicle part and can be carried out on an examination of data supplied by the applicant,
the fee for such an examination is such proportion of the fee prescribed in regulation 4 as the Secretary of State considers to be appropriate.
2
Paragraph (1) applies to–
a
a sound level measurement certificate; or
b
a type approval certificate, or an authorisation, in relation to
i
a Community Instrument; or
ii
an ECE Regulation; or
c
a type approval certificate, or a Minister’s approval certificate, in relation to the national type approval scheme.
3
Where, in the case of any examination as is mentioned in regulation 4 or 5 or in paragraph (1)–
a
it has been found impossible to complete the examination satisfactorily; or
b
the vehicle or vehicle part submitted for the examination does not satisfy completely the requirements of the examination,
and in consequence a further, but partial, examination of the vehicle or vehicle part is required, the fee to be paid for such further examination is such proportion of the fee prescribed in regulation 4 as the Secretary of State considers to be appropriate in view of the nature and extent of the further, but partial, examination.
4
Where more than one vehicle or vehicle part of the same type but embodying minor variations is submitted by an applicant and it is unnecessary to submit each individual vehicle or vehicle part to a complete examination, the fee to be paid for the carrying out of the partial examination on a particular vehicle or vehicle part is such proportion of the fee prescribed in regulation 4 as the Secretary of State considers to be appropriate in view of the nature and extent of the partial examination.
Fees — final examination of complete vehicle
7
1
The fee for the final examination of a vehicle to which the Great Britain Regulations apply with a view to the issue in respect of that vehicle of a document specified in column 1 of Schedule 2 where, before the examination takes place, type approval procedures have been carried out (whether in Great Britain or elsewhere) to ascertain that in respect of that vehicle all the approval requirements which–
a
are referred to in Schedule 1 to those Regulations;
b
relate to particular parts or aspects of a vehicle; and
c
are applicable to the vehicle,
have been satisfied, is of the amount specified in column 3 of Schedule 2.
2
The fee for the final examination of a vehicle to which the Great Britain Regulations for Goods Vehicles apply with a view to the issue in respect of that vehicle of a document specified in column 1 of Schedule 3 where, before the examination takes place, type approval procedures have been carried out (whether in Great Britain or elsewhere) to ascertain that in respect of that vehicle all the approval requirements which–
a
are referred to in Schedule 1 to those Regulations;
b
relate to particular parts or aspects of a vehicle; and
c
are applicable to the vehicle,
have been satisfied, is of the amount specified in paragraph (3).
3
The amount referred to in paragraph (2) is the amount shown in–
a
column 2(a) of Schedule 3 if the vehicle is in category L2, L5 or N1;
b
column 2(b) of Schedule 3 if the vehicle is in category N2; and
c
column 2(c) of Schedule 3 if the vehicle is in category N3.
4
Where in the case of an examination of a complete vehicle mentioned in paragraphs (1) or (2) above–
a
it has been found impossible to complete that examination satisfactorily; or
b
the vehicle has been found not to comply in all aspects with the relevant approval requirements; or
c
the vehicle is one which has been assembled in more than one stage by more than one manufacturer; or
d
a type approval certificate or Minister’s approval certificate has previously been issued in respect of the model of the vehicle but the vehicle incorporates certain changes in detail not covered by that certificate,
and in consequence a further, but partial, examination of the vehicle is required before the relevant document can properly be issued in respect of it, the fee for that partial examination shall be such proportion of the relevant sum specified in Schedule 2 or, as the case may be, Schedule 3 as the Secretary of State considers to be appropriate in view of the nature and extent of that partial examination.
Fees — avoidance of duplication
8
Where the examination of a vehicle or vehicle part for the purposes of a Community Instrument or ECE Regulation is carried out at the same time as the examination of that vehicle or vehicle part for the purposes of the national type approval scheme, then in so far as one and the same operation or series of operations serves for both examinations, the fee payable under these Regulations shall be the fee for only one examination.
Fees — issue of documents
9
1
The fee for the issue of a document of a type specified in column 1 of Schedule 4 (being a document relating to a vehicle part) is the fee of the amount specified in relation thereto in column 3 of Schedule 4.
2
The fee for the issue of a document specified in column 1 of Part I of Schedule 5 (being a document relating to a vehicle to which the Great Britain Regulations apply) is the amount specified in relation thereto in column 3 of Part I of Schedule 5.
3
The fee for the issue of a document specified in column 1 of Part II of Schedule 5 (being a document relating to a vehicle to which the Great Britain Regulations for Goods Vehicles apply) is the amount specified in relation thereto in column 3 of Part II of Schedule 5.
4
The fee for the issue of a sound level measurement certificate is £40.
Fees — visits outside the United Kingdom
10
1
Where, in connection with an application for or the performance of, the carrying out, or supervision by or on behalf of the Secretary of State, of an examination of a vehicle or vehicle part in relation to the issue of a type approval certificate or authorisation for the purpose of a Community Instrument, or ECE Regulation, or in relation to a type approval certificate or Minister’s approval certificate for the purpose of the national type approval scheme, a visit to a place outside the United Kingdom is made, or is arranged to be made, by one or more persons acting for or on behalf of the Secretary of State, then in addition to the fee or fees prescribed by the regulations above, there shall be paid by the applicant on demand by or on behalf of the Secretary of State a further fee equal to the total of–
a
the travelling and subsistence expenses reasonably incurred or expected to be incurred otherwise than on land in the United Kingdom by each person so acting in relation to the application or examination (including expenses outstanding after the cancellation of any travelling or subsistence arrangements which result from the withdrawal of any such application); and
b
the whole, or such proportion as the Secretary of State may determine is reasonably attributable to the application or examination, of a sum of £45 for each hour spent or expected to be spent by each person so acting whilst travelling otherwise than on land in the United Kingdom, wholly or partly in relation to the application or examination.
2
If–
a
payments have been made in accordance with paragraph (1) in respect of travelling and subsistence expenses expected to be incurred, or in respect of time expected to be spent in travelling; and
b
the amount of travelling and subsistence expenses actually incurred or the time actually spent travelling in consequence of the application is greater or less than was estimated,
the fee payable under paragraph (1) shall be re-calculated in accordance with that paragraph by reference to the actual travelling and subsistence expenses incurred and the actual time spent in travelling, and the difference shall be paid by, or as the case may be, refunded, to the applicant.
Payment of fees
11
1
The fee for the carrying out or supervision of an examination of a vehicle or vehicle part in connection with the issue of a type approval certificate or authorisation, for the purpose of a Community Instrument, or ECE Regulation or in connection with the issue of a sound level measurement certificate shall be paid when the application is made for the issue of the type approval certificate, authorisation or sound level measurement certificate for the vehicle or vehicle part in question.
2
The fee for the carrying out or supervision of an examination of a vehicle or vehicle part in connection with the issue of a type approval certificate or a Minister’s approval certificate shall be paid when the applicant is notified by the Secretary of State in accordance with the provisions of the Great Britain Regulations, or the Great Britain Regulations for Goods Vehicles of the fee payable.
3
The fee for the issue of a document specified in Schedule 4 or 5 shall be paid–
a
in a case where the examination of a vehicle or vehicle part for which a fee is payable under these Regulations is required before the document is issued, when the applicant is notified of the result of the examination; and
b
in any other case, when the application is made for the issue of the document.
Fees on withdrawals and cancellations
12
1
Subject to the provisions of regulation 13, if an applicant–
a
after he has been notified of the time and place for the examination withdraws his application; or
b
does not submit the vehicle or vehicle part for the examination at the time and place fixed therefor,
he shall be liable to pay a cancellation fee to cover the abortive work involved in dealing with the application and making arrangements for the examination.
2
In the case of an examination of a vehicle or vehicle part to which a fee specified in Schedule 1 applies–
a
if the Secretary of State is, not less than 7 days before the date fixed for the examination, notified of the withdrawal or of the intention not to submit the vehicle or vehicle part for the examination, the cancellation fee shall be £80;
b
if the Secretary of State is not so notified within that period–
i
where the fee is specified in column (a) of Schedule 1, the cancellation fee shall be a quarter of that fee plus any wasted expenses reasonably incurred by the Secretary of State in the provision of any facility for the particular examination; or
ii
where the fee is specified in column (b) of Schedule 1, the cancellation fee shall be half of that fee or £175 whichever is the less.
3
In the case of a further or partial examination of a vehicle or vehicle part in the circumstances described in regulation 6, the cancellation fee shall be such proportion of the fee as the Secretary of State considers to be appropriate.
4
In the case of an examination of a vehicle to which a fee specified in Schedule 2 or Schedule 3 applies–
a
if the Secretary of State is, not less than 14 days before the date fixed for the examination, notified of the withdrawal or of the intention not to submit the vehicle for examination, the cancellation fee shall be £80;
b
if the Secretary of State is not so notified within that period, the cancellation fee shall be £230.
5
Any cancellation fee for which an applicant is liable in accordance with the foregoing provisions of this regulation shall be provided–
a
in a case where the applicant has paid the fee prescribed by these Regulations for the examination in question, by the Secretary of State retaining the said cancellation fee from the fee which has been paid; or
b
in any other case by the applicant paying the said cancellation fee to the Secretary of State within 14 days of the issue by the Secretary of State of a request for such payment.
6
An applicant who is liable for a cancellation fee under this regulation in respect of an application shall also be liable for any fee payable under regulation 10, but all other fees under these Regulations in respect of the application shall be reduced to nil (the balance of any sums paid in respect of the application being refundable).
Submission of alternative vehicle or vehicle part for examination
13
Where an applicant does not wish, or is unable, to submit the vehicle or vehicle part in respect of which the application was made, for examination at the time and place appointed, but is able to submit for examination at that time and place some other vehicle or vehicle part which can conveniently be fitted into the programme of examinations being carried out at that place and in respect of which he has made an application he shall be entitled, subject to any adjustment by way of refund or additional payment so as to secure that the appropriate fee is paid for the examination which actually takes place, to have the sum which he originally paid applied in payment of the fee for that examination without being liable to pay a cancellation fee under regulation 12(1), but in that event he shall pay the appropriate fee prescribed by these Regulations when applying for a new appointment for the examination which he originally sought.
Fees to be paid in relation to prescribed and notifiable alterations
14
1
The fee prescribed in the event of particulars of a prescribed alteration being sent to the Secretary of State in accordance with regulation 10 of the Great Britain Regulations for Goods Vehicles is–
a
if the vehicle is one in respect of which a certificate of conformity has been issued–
i
£25 if the vehicle is in category L2, L5, or N1;
ii
£30 if the vehicle is in category N2 or N3; or
b
if the vehicle is one in respect of which a Minister’s approval certificate has been issued–
i
£25 if the vehicle is in category L2, L5, or N1;
ii
£30 if the vehicle is in category N2 or N3.
2
The fee prescribed in respect of a notification made in accordance with a condition attached to a type approval certificate pursuant to section 56(1)(b) issued in respect of a vehicle to which the Great Britain Regulations for Goods Vehicles apply is–
a
£5 if the vehicle is in category L2, L5 or N1; or
b
£10 if the vehicle is in category N2 or N3.
3
The fee prescribed in respect of a notification which is evidence of a kind mentioned in section 58(4) and (5) in respect of a vehicle to which the Great Britain Regulations for Goods Vehicles apply is–
a
£5 if the vehicle is in category L2, L5 or N1; or
b
£10 if the vehicle is in category N2 or N3.
Signed by authority of the Secretary of State for Transport
Robert Atkins
Parliamentary Under Secretary of State,
Department of Transport
27th February 1990
We consent to the making of these Regulations to the extent that they are made in exercise of the powers conferred by section 56(1) and (2) of the Finance Act 1973.
John Taylor
Stephen Dorrell
Two of the Lord Commissioners of Her Majesty’s Treasury
5th March 1990


text:
Citation and commencement
1
This Order may be cited as the Local Elections (Principal Areas) (Declaration of Acceptance of Office) Order 1990 and shall come into force on 3rd May 1990.
Form of declaration of acceptance of office
2
The declaration of acceptance of office by the chairman, vice-chairman or a councillor of the council of a county, district or London borough shall be in the form in the Schedule to this Order, or a form to the like effect.
Chris Patten
Secretary of State for the Environment
20th April 1990
Peter Walker
Secretary of State for Wales
20th April 1990


text:
1
For the purpose of connecting the Motorway with the Trunk Road, the Secretary of State is authorised to provide along the routes described in the schedule hereto special roads for the use of traffic of Classes I and II of the classes of traffic set out in Schedule 4 to the Highways Act 1980.
2
The centre lines of the special roads are indicated by heavy black lines 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:–
i
“the Motorway” means the M45 Motorway;
ii
“the Trunk Road” means the A45 East of Birmingham to Birkenhead Trunk Road;
iii
“the deposited plan” means the plan numbered HA16/1WM161 marked “The M45 Motorway (Thurlaston to Dunchurch Section) Connecting Roads Scheme 1990”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY; and
iv
“the special roads” means all the special roads which the Secretary of State is authorised by this scheme to provide.
5
This Scheme shall come into force on 14th September 1990 and may be cited as the M45 Motorway (Thurlaston to Dunchurch Section) Connecting Roads Scheme 1990.
Signed by authority of the Secretary of State for Transport
D.R. Ritchie
Regional Director, West Midlands Region,
Department of Transport
1st August 1990


text:
Citation and commencement
1
This Order may be cited as the Local Government Reorganisation (Miscellaneous Provisions) Order 1990 and shall come into force on 21st September 1990.
Enactments relating to Thames embankments
2
1
In the enactments to which this article applies, any reference to the Greater London Council shall be construed as a reference to the local council.
2
For the purposes of paragraph (1), the local council is the council of the London borough in whose area the land to which the enactment relates is situated or, if such land is situated in their area, the Common Council of the City of London, but where the enactment relates to land situated in the area of more than one council, each such council shall be the local council in respect only of such part of the land as is situated in its area.
3
This article applies to the following enactments —
The Thames Embankment Act 1862 ;
The Thames Embankment Act 1863 ;
The Thames Embankment (North and South) Act 1868 ;
The Thames Embankment (Chelsea) Act 1868 ;
The Thames Embankment (South) Act 1873 ;
The Metropolitan Board of Works (Various Powers) Act 1875 ;
The London County Council (General Powers) Act 1893 ;
The London County Council (Improvements) Act 1900 ;
The London County Council (General Powers) Act 1911 ;
and, in so far as it relates to land in the City of Westminster, section 38 of the London County Council (General Powers) Act 1939 ;
National Museums and Galleries on Merseyside
3
1
In Schedule 2 to the Charities Act 1960 (which lists the institutions which, so far as they are charities, are exempt charities within the meaning of that Act) —
a
paragraph (j) shall be deleted, and
b
there shall be inserted after paragraph (cd) —
ce
the Board of Trustees of the National Museums and Galleries on Merseyside.
.
2
In Part II of the Table in paragraph 3 of Schedule I to the Public Records Act 1958 (definition of public records) the following entry shall be inserted in the appropriate place —
“The Board of Trustees of the National Museums and Galleries on Merseyside.”.
Miscellaneous enactments
4
1
In the Local Government (Records) Act 1962 —
a
in section 2(6), after the words “Local Government Act 1985”, there shall be inserted the words “, to an authority established under section 10 of that Act (waste regulation and disposal authorities)”; and
b
in section 8(1), after the words “Local Government Act 1985”, there shall be inserted the words “or an authority established under section 10 of that Act (waste regulation and disposal authorities),”.
2
Section 142 of the Local Government Act 1972 (provision of information) shall have effect —
a
as if references to a local authority included references to an authority established under section 10 of the Local Government Act 1985 and to the London Fire and Civil Defence Authority, and
b
in its application to such an authority, as if in subsection (1A) the words “or by other authorities mentioned in subsection (1B) below” were omitted.
3
Section 222 of the Local Government Act 1972 (legal proceedings) shall have effect as if references to a local authority included references to an authority established under section 10 of the Local Government Act 1985 and to the London Fire and Civil Defence Authority.
4
In section 16(7) of the Greater London Council (General Powers) Act 1974 (undertakings and agreements binding successive owners), after the words “borough council”, there shall be inserted the words “or the London Residuary Body”.
5
In section 44(1) of the Local Government (Miscellaneous Provisions) Act 1976, in the definition of “local authority” , there shall be inserted after paragraph (b) —
c
in section 40 of this Act, a joint authority established by Part IV of the Local Government Act 1985, an authority established under section 10 of that Act (waste regulation and disposal authorities), and the South Yorkshire Pensions Authority.
.
6
In section 33(9) of the Local Government (Miscellaneous Provisions) Act 1982 (enforceability of certain covenants relating to land) —
a
in paragraph (a), after the words “City of London” there shall be inserted the words “, the London Residuary Body”; and
b
in paragraph (b), after the word “reconstituted” there shall be inserted the words “in relation to the London Residuary Body means Greater London”.
Signed by authority of the Secretary of State
David Heathcoat-Amory
Parliamentary Under Secretary of State,
Department of the Environment
23rd August 1990


text:
1
This Order may be cited as the Local Government and Housing Act 1989 (Commencement No. 8 and Transitional Provisions) (Amendment) Order 1990.
2
The Local Government and Housing Act 1989 (Commencement No. 8 and Transitional Provisions) Order 1990 is hereby amended —
a
in article 3 by the omission of the words “sections 67 to 72 in so far as they are not alreadyin force” and “section 73”;
b
in article 3 by the substitution of the words “section 194(1) in so far as it relates to paragraphs 28(1) and (2) in so far as it confers a power to make regulations on the Secretary of State, 52, 63, 66 to 69, 90 and 91 of Schedule 11” for the words “section 194(1) in so far as it relates to paragraphs 3, 21, 28(1) and (2) in so far as it confers a power to make regulations onthe Secretary of State, 52, 63, 66 to 69, 90, 91 and 97 of Schedule 11”; and
c
in the Schedule by the omission of paragraph 1.
Chris Patten
One of Her Majesty’s Principal Secretaries of State
28th June 1990


text:
Citation and commencement
1
This Order may be cited as the Isles of Scilly (Water and Sewerage) (Miscellaneous Provisions) Order 1990 and shall come into force on 1st April 1990.
Application of provisions of Water Act 1989
2
The provisions of the Water Act 1989 mentioned in the Schedule to this Order shall apply to the Isles of Scilly subject to the modifications set out in that Schedule.
Signed by authority of the Secretary of State for the Environment
David Trippier
Minister of State,
Department of the Environment
8th March 1990


text:
Citation and commencement
1
These Regulations may be cited as the Control of Industrial Major Accident Hazards (Amendment) Regulations 1990 and shall come into force on 31st December 1990.
Interpretation
2
In these Regulations, “the principal Regulations ” means the Control of Industrial Major Accident Hazards Regulations 1984 .
Amendments to the principal Regulations
3
1
The regulations in the principal Regulations shall be amended in accordance with Schedule 1 to these Regulations.
2
Schedule 1 to the principal Regulations shall be amended in accordance with Schedule 2 to these Regulations.
3
For Schedule 2 to the principal Regulations there shall be substituted the Schedule set out in Schedule 3 to these Regulations.
4
After Schedule 7 to the principal Regulations there shall be inserted as Schedule 8 the Schedule set out as Schedule 4 to these Regulations.
5
The minor and consequential amendments set out in Schedule 5 to these Regulations shall have effect.
Application of the principal Regulations
4
Where an industrial activity becomes subject to regulations 7 to 11 of the principal Regulations in consequence of an amendment made by regulation 3 above, then, in relation to that activity, the principal Regulations shall have effect subject to the modifications specified in Schedule 6 to these Regulations.
Signed by order of the Secretary of State.
Eric Forth
Parliamentary Under Secretary of State,
Department of Employment
21st November 1990


text:
Citation and commencement
1
1
These Regulations may be cited as the Electricity Supply Pension Scheme (Transfer Date Amendments) Regulations 1990.
2
Regulations 1 to 5 shall come into force on 30th March 1990 and regulation 6 shall come into force on 31st March 1990.
Interpretation
2
1
In these Regulations “the Pension Scheme” means the Electricity Supply Pension Scheme.
2
Words and phrases defined in the Pension Scheme shall have the same meaning in these Regulations.
3
Unless the context otherwise requires, any reference in these Regulations to a numbered regulation or to a Schedule is a reference to the regulation bearing that number in or to the Schedule to these Regulations; and any reference in a regulation to a numbered paragraph is a reference to the paragraph of that regulation bearing that number.
Responsibility for contributions
3
1
Immediately prior to the transfer date, each Board shall be liable (to the exclusion of every other Board) for the contributions and payments to the Pension Scheme in respect of or in relation to each of the Members (including Special Members and persons entitled to Frozen Benefits ) and Former Members who is or at the date he ceased to be in Service was–
i
the Employee of that Board;
ii
in respect of each Area Board, an officer of the Consultative Council established for the area of that Board;
iii
in respect of the Council , an officer of the Electricity Consumers' Council; or
iv
any other person for whom the Board shall have assumed that liability under the Electricity Act 1989 or under any scheme made in relation to any transfer to be effected by that Act.
2
Prior to the transfer date, the Council shall exercise its powers under the Pension Scheme to adopt provisions to take effect on the transfer date for the purpose of determining the Group Assets to be attributed to each Board in respect of all persons for which the Board shall have assumed liability under paragraph (1) or for which an Employer may assume liability in respect of a person joining the Pension Scheme thereafter, including provisions relating to management and administration.
Amendments to the Pension Scheme
4
The amendments to the Pension Scheme specified in Part I of the Schedule shall have effect.
Transfer of functions
5
1
Immediately prior to the transfer date–
a
each of the Functions of the Council under the Pension Scheme shall be transferred to the Co-ordinator in accordance with the amendments to the Pension Scheme made by paragraph (2); and
b
the Council shall be discharged from its obligations in respect of the future exercise and performance of the Functions.
2
Immediately prior to the transfer date, for the expression “the Council” wherever the same occurs in the Pension Scheme (including any provision of a Former Scheme incorporated by reference into the Pension Scheme) there shall be substituted the expression “the Co-ordinator”.
Transfer date amendments to the Pension Scheme
6
1
The amendments to the Pension Scheme specified in Part II of the Schedule shall have effect.
2
In the Clauses, Rules and Appendix referred to in the first column of Part III of the Schedule the expression appearing opposite that Clause, Rule or Appendix in the second column of that Part of the Schedule shall be substituted for the expression “the Co-ordinator”.
3
Each Original Principal Employer shall participate in and be bound by the terms of the Pension Scheme for the benefit of and in relation to the Members (including Special Members and persons entitled to Frozen Benefits) and Former Members associated with its Group .
John Wakeham
Secretary of State for Energy
Dated 21st February 1990


text:
Citation and commencement
1
These Regulations may be cited as the Insurance Companies (Legal Expenses Insurance) Regulations 1990 and shallcome into force on 1st July 1990.
Interpretation
2
1
In these Regulations —
a
“legal expenses insurance business” means insurance business (other than re-insurance business) within general business class 17 in Part I of Schedule 2 to the Insurance Companies Act 1982 , and “legal expenses insurance contract” and “legal expenses cover” shall be construed accordingly; and
b
“lawyer” means a person entitled to pursue his professional activities under one of the denominations laid down by Council Directive 77/249/ EEC .
2
Expressions used in these Regulations have the same meaning as in the Insurance Companies Act 1982.
Application
3
1
Regulations 4 to 9 below apply to all legal expenses insurance business, subject to the following exceptions.
2
Those regulations do not apply to legal expenses insurance contracts concerning disputes or risks arising out of, or in connection with, the use of sea-going vessels.
3
Those regulations do not apply to anything done by a person providing civil liability cover for the purpose ofdefending or representing the insured in an inquiry or proceedings which is at the same time done in the insurer’s own interest under such cover.
4
Those regulations do not apply to legal expenses cover provided by an assistance insurer where that cover is provided under a contract of which the principal object is the provision of assistance for personswho fall into difficulties while travelling, while away from home or while away from their permanent residence and where the costsare incurred outside the state in which the insured normally resides.
In such a case the policy must clearly state that the cover in question is limited to the circumstances referred to in this paragraph and is ancillary to that assistance.
Requirement of separate policy or section
4
Legal expenses cover shall be the subject of either —
a
a policy relating to that cover only, or
b
where that cover is provided under a policy relating to one or more other classes of general insurance business, a separate section of the policy relating to that cover only.
Where the cover is included in a separate section, that section shall specify the nature of the legal expenses cover.
Arrangements for avoiding conflicts of interests
5
1
An insurance company carrying on legal expenses insurance business shall adopt at least one ofthe following arrangements.
2
The company shall ensure that no member of staff who is concerned with the management of claims under legal expenses insurance contracts, or with legal advice in respect of such claims, carries on at the same time any similar activity —
a
in relation to another class of general insurance business carried on by the company, or
b
in any other insurance company, having financial, commercial or administrative links with the first company, which carries on one or more other classes of general insurance business.
3
The company shall entrust the management of claims under legal expenses insurance contracts to an undertaking having separate legal personality, which shall be mentioned in the separate policy or section referred to in regulation 4.
If that undertaking has financial, commercial or administrative links with another insurance company which carries on one or more other classes of general insurance business, members of the staff of the undertaking who are concerned with the processing of claims, or with providing legal advice connected with such processing, shall not pursue the same or a similar activity in that other insurance company at the same time.
4
The company shall, in the policy, afford the insured the right to entrust the defence of his interests, from the moment that he hasthe right to claim from the insurer under the policy, to a lawyer of his choice or, to the extent that the law of the relevant forumso permits, to any other appropriately qualified person.
Freedom to choose lawyer
6
1
Where under a legal expenses insurance contract recourse is had to a lawyer (or other person having such qualifications as may be necessary) to defend, represent or serve the interests of the insured in any inquiry or proceedings, the insured shall be free to choose that lawyer (or other person).
2
The insured shall also be free to choose a lawyer (or other person having such qualifications as may be necessary) to serve his interests whenever a conflict of interests arises.
3
The above rights shall be expressly recognised in the policy.
7
Regulation 6 does not apply where —
a
the legal expenses cover is limited to risks arising from the use of a road vehicle in the United Kingdom and is connected with a contract to provide assistance in the event of accident or breakdown involving a road vehicle,
b
neither the legal expenses insurer nor the assistance insurer carries on any class of liability insurance business, and
c
there are arrangements for securing that, where the parties to a dispute are insured in respect of legal expenses by the same insurer, legal advice and representation are provided for each of them by completely independent lawyers.
Arbitration
8
1
Any dispute between the insurer and insured arising out of a legal expenses insurance contractmay be referred to arbitration.
2
The policy must mention the right of the insured to have recourse to arbitration.
Notification to insured of his rights
9
1
Where a conflict of interests arises or there is disagreement over the settlement of a dispute between the insurer and insured under a legal expenses insurance contract, the insurer shall give written notice to the insured informing him of —
a
the right referred to in regulation 6(2), and
b
the possibility of having recourse to arbitration in accordance with regulation 8.
2
Where the management of claims is entrusted to a separate undertaking as mentioned in regulation 5(3), the dutyof the insurer is to make arrangements to secure that such notice is given by that undertaking.
Classification of insurance business
10
1
Section 1 of the Insurance Companies Act 1982 (classification of insurance business) is amended as follows.
2
In subsection (4) (contracts whose principal object is within one class of general business but which contain subsidiary provisions within another class), after “not being class 14 or 15” insert “or (except as mentioned in subsection (4A) below) class 17”.
3
After that subsection insert —
4A
Subsection (4) applies to a contract whose principal object is within one of the classes of general business but which contains subsidiary provisions within general business class 17 if —
a
the principal object of the contract is the provision of assistance for persons who get into difficulties while travelling, while away from home or while away from their permanent residence, or
b
those subsidiary provisions concern disputes or risks arising out of, or in connection with, the use of sea-going vessels
.
Enforcement
11
Breach by an insurance company of any of regulations 4 to 9 above shall be treated as a failure by it to satisfy an obligation to which it is subject by virtue of the Insurance Companies Act 1982.
John Redwood
Parliamentary Under-Secretary of State,
Department of Trade and Industry
29th May 1990


text:
1
The lengths 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 trunk road and shall be classified as principal road as from the date on which the Secretary of State notifies the County Councils of Hampshire and West Sussex that the new trunk road is open for through traffic. The Hampshire County Council shall become the highway authority for the lengths of road given the reference letters A and C in that Schedule; the West Sussex County Council shall become the highway authority for the length of road given the reference letter B in that Schedule.
2
In this Order: —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the deposited plan” means the plan numbered CSE 206/6B/26/04 marked “The London-Portsmouth Trunk Road A3 (Liphook-Petersfield Section Detrunking) Order 1990” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY.
ii
“the new trunk road” means the highway to be provided by the Secretary of State in pursuance of the London-Portsmouth Trunk Road A3 (Liphook-Ham Barn Section) (Part 1) Order 1988 , the London-Portsmouth Trunk Road A3 (Liphook-Ham Barn Section) (Part 2: Headley Road to Queens Road) Order 1990 , and the London-Portsmouth Trunk Road A3 (Ham Barn-Petersfield Section) Order 1987 ;
iii
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
iv
“the trunk road”
means the London-Portsmouth Trunk Road (A3).
3
This Order shall come into force on 23rd May 1990 and may be cited as the London-Portsmouth Trunk Road A3 (Liphook-Petersfield Section Detrunking) Order 1990.
Signed by authority of the Secretary of State for Transport
D Gruffydd Jones
Regional Director South East Region
Department of Transport
24th April 1990


text:
Citation, commencement and interpretation
1
1
These rules may be cited as the Land Registration (Open Register) Rules 1990 and shall come into force on 3rd December 1990.
2
In these rules, unless the context otherwise requires:
“the 1990 Rules ” means the Land Registration Rules 1990 ;
“the principal act ” means the Land Registration Act 1925;
“the principal rules ” means the Land Registration Rules 1925 ;
“proper office” means the district land registry designated as the proper office by article 2(2) of the Land Registration (District Registries) Order 1989 ;
“title plan” means the filed plan or General Map referred to in a register of a registered title.
3
Except in rule 11 of these rules, a form referred to by a number means the form so numbered in Schedule 1 to these rules.
4
Expressions used in these rules have, unless the contrary intention appears, the meaning which they bear in the principal rules.
Application for office copies of the register or the title plan or for a certificate of inspection of the title plan
2
Save as provided by rule 7(2) of these rules, an application for an office copy of the entries on the register or of a title plan of a registered title or for a certificate of inspection of the title plan shall be in Form 109.
Application for office copies of documents referred to on the register
3
Save as provided by rule 7(2) of these rules, an application for an office copy of a document referred to in the register of a title which is in the custody of the registrar (not being a lease or charge or a copy of a lease or charge) shall be in Form 110.
Inspection of the register, title plan and documents referred to on the register
4
Save as provided by rule 7(2) of these rules, an application for a personal inspection of a register or title plan or document referred to in the register of a title which is in the custody of the registrar (not being a lease or charge or a copy of a lease or charge) shall be in Form 111.
Application to be made to the proper office; separate applications for each title
5
1
Subject to rule 7 of these rules:
a
any application under these rules shall be delivered to the proper office; and
b
a separate application shall be delivered in respect of each registered title.
2
Where, on an application in Form 109, the property described in panel 2 of that form is registered under more than one title number, but the application fails to quote a title number or the title number quoted does not relate to any part of the property described in panel 2 of that form, the registrar may:
a
deal with the application as though it referred to only such one of the title numbers under which the property or any part is registered as he shall choose, in which case in respect of the remaining title number or numbers there shall be deemed to have been no application; or
b
accept such application and if he does so it shall be deemed to be a separate application in respect of each title revealed; or
c
cancel the application.
Certificate of official inspection of title plan
6
1
Where a person has applied under these rules for a certificate of inspection of the title plan, upon completion of the inspection an official certificate of inspection shall be issued.
2
The official certificate of inspection shall be in Form 102.
3
An official certificate of inspection of the title plan made pursuant to an application under these rules shall be regarded as an official search for the purposes of section 83(3) of the principal act and rule 295 of the principal rules.
Inspection in connection with criminal proceedings, receivership under certain Acts and insolvency
7
1
If a person referred to in column 1 of Part 1 or Part 2 of Schedule 2 to these rules:
a
applies in Form 112A or 112B whichever is appropriate to make an inspection under this rule in relation to a person specified in the application or to a property so specified; and
b
gives the registrar the appropriate certificate (completed to contain all particulars required) referred to in column 2 of the said Schedule;
the registrar shall permit him to inspect and to obtain copies of and extracts from any document falling within section 112(2) of the principal act and shall, if so requested (and notwithstanding rule 9 of the principal rules), provide him with the result of a search of the index of proprietors' names in relation to the person specified in the application.
2
Where a person applies under paragraph (1) he may apply in Form 112A or 112B whichever is appropriate for inspection of or office copies of the entries on the register or title plan of a registered title or a document referred to in the register of a title which is in the custody of the registrar.
3
An application under this rule shall be delivered to such office of H.M. Land Registry as the registrar may direct.
4
In Schedule 2 to these rules
a
references to senior executive officers include references to equivalent depart mental grades;
b
references to an official receiver are references to an official receiver for the purpose of the Insolvency Act 1986 or the Companies Act 1985 or a person acting as a deputy to such an official receiver;
c
references to a trustee in bankruptcy are references to a trustee in bankruptcy of a person adjudged bankrupt in England and Wales or Northern Ireland or to a permanent or interim trustee in the sequestration of a debtor’s estate in Scotland;
d
references to the official assignee are references to the Official Assignee for bankruptcy for Northern Ireland or the Official Assignee for company liquidations for Northern Ireland; and
e
references to a liquidator or administrator are respectively references to a liquidator or administrator appointed for the purposes of the Insolvency Act 1986.
Inspection under a court order
8
In any case where a court (having power to do so) has ordered that a person may inspect and make copies of any document falling within section 112(2) of the principal act, that person shall give to the registrar a document certified by the proper officer of the court to be a true copy of such order.
Amendment of rule 2 to the 1990 Rules
9
For paragraph (2) of rule 2 of the 1990 Rules there shall be substituted:
2
Except in rule 5(1)(a), (b) and (c), a form referred to by number means the form so numbered in the Schedule to these rules.
New rule 5 of the 1990 Rules
10
For rule 5 of the 1990 Rules there shall be substituted:
5
1
During the currency of any notice given pursuant to paragraph (2), and subject to and in accordance with the limitations contained in that notice, an application may be made by facsimile transmission for:
a
an office copy of the entries on the register or of a title plan of a registered title or a certificate of official inspection of the filed plan, in Form 109 of Schedule 1 to the Land Registration (Open Register) Rules 1990 (herein after referred to in this rule as “the Open Register Rules”);
b
an office copy of a document referred to in the register of a title which is in the custody of the registrar (not being a lease or charge or copies of a lease or charge), in Form 110 of Schedule 1 to the Open Register Rules;
c
information or office copies obtainable under rule 7 of the Open Register Rules, in Form 112A or 112B of Schedule 1 to the Open Register Rules where appropriate;
d
an official certificate of the result of search of the Index Map, in Form 96.
2
If the registrar is satisfied that adequate arrangements have been or will be made for dealing with applications made by facsimile transmission in accordance with this rule, he may, in such manner as he considers appropriate for informing persons who may wish to make such applications, give notice to that effect specifying the class or classes of case covered by those arrangements; and such a notice may in particular, but without prejudice to the generality of the foregoing provision, specify the class or clases of case so covered by limiting them:
a
to one or more of the types of application mentioned in paragraph (1);
b
to applications made by a person maintaining a credit account;
c
to applications which relate to land within specified counties, districts, London boroughs or other administrative areas;
d
to applications made between specified hours and on specified days (which need not be those between or on which H.M. Land Registry is open to the public and may be different for applications of different types);
e
where an application is in Form 96 and refers to a parcel of land shown on an accompanying plan, to any such application which is accompanied by a designated plan.
3
Subject to paragraph (4) a notice given pursuant to paragraph (2) shall be current:
a
from the time specified in that behalf in the notice; and either
b
until the time, if any, specified in that behalf in the notice; or
c
if no time of ceasing to be current is specified in the notice, indefinitely.
4
A notice given pursuant to paragraph (2) may from time to time be varied, suspended, withdrawn, renewed or replaced by a further notice.
5
Notwithstanding the provisions of paragraph (1) the registrar may in his discretion refuse to accept an application made by facsimile transmission in any individual case.
6
An application under this rule shall be delivered to the proper office save that an application of the type mentioned in sub-paragraph (c) of paragraph (1) shall be delivered to such office of H.M. Land Registry as the registrar may direct.
7
No application under the principal rules may be made by facsimile transmission.
Revocations
11
Rules 287 to 290 (inclusive) and 296 of the principal rules and Forms 80 and 108 in the Schedule to the principal rules and Forms 109 ( Fax ) and 110 (Fax) in the Schedule to the 1990 Rules are hereby revoked.
Mackay of Clashfern, C.
Dated 4th July 1990


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Planning (Listed Buildings and Conservation Areas) (Isles of Scilly) Order 1990, and shall come into force on 3rd December 1990.
2
In this Order, the “ Act ” means the Planning (Listed Buildings and Conservation Areas) Act 1990.
Application of provisions to Isles of Scilly
2
All the provisions of the Act specified in section 92(2) and (3) of the Act shall apply to the Isles of Scilly as if those Isles were a separate county, subject to the modifications specified in the Schedule hereto.
Chris Patten
Secretary of State for the Environment
8th November 1990


text:
1
1
This Order may be cited as the Food Safety Act 1990 (Commencement No. 2) Order 1990.
2
In this Order, references to sections and Schedules are references to sections and Schedules of the Food Safety Act 1990.
2
Except in so far as they are already in force by virtue of section 60(2) or the Food Safety Act 1990 (Commencement No. 1) Order 1990 –
a
sections 1 to 6, 16 to 19, 25, 26, 27(2) and (5), 28(2), 30, 31, 40, 45, 48, 49(2), 53, 57(1), 59(2) and (3), and Schedules 1 and 4 shall come into force on 1st December 1990;
b
in so far as they relate to the Public Analysts (Scotland) Regulations 1956 or the Public Analysts Regulations 1957 –
i
the provisions of Schedule 5 which repeal sections 27, 29 and 56 of the Food and Drugs (Scotland) Act 1956 and sections 76(2) and 79(5) of the Food Act 1984 , and
ii
section 59(4) in so far as it relates to those provisions of Schedule 5,
shall come into force on 1st December 1990;
c
subject to subparagraph (d) below, all other sections and Schedules, except–
i
section 54, and
ii
the provisions of Schedule 5 which repeal sections 16 to 20, Part IV, section 92 (in so far as it relates to section 16(2)) and section 93 (in so far as it relates to section 18(4)) of the Food Act 1984, and
iii
section 59(4) in so far as it relates to those provisions,
shall come into force on 1st January 1991;
d
in so far as they relate to the Food Hygiene (Amendment) Regulations 1990 –
i
the provisions of Schedule 5 which repeal sections 13 and 132(1) of the Food Act 1984, and
ii
section 59(4) in so far as it relates to those provisions of Schedule 5,
shall come into force immediately after the coming into force of the provisions of those Regulations, that is–
iii
on 1st April 1991 as regards all those Regulations, except regulation 3(b) and Schedule 1, to the extent that they have effect for the purposes of a new paragraph (6) of regulation 12 of the Food Hygiene (Markets, Stalls and Delivery Vehicles) Regulations 1966 , and
iv
on 1st April 1992 as regards the said regulation 3(b) and Schedule 1 to the extent that they have effect for the purposes of the said new paragraph (6) of regulation 12 of the 1966 Regulations, and
e
section 54 shall come into force on 1st April 1992.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 29th November 1990.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Stephen Dorrell
Parliamentary Under-Secretary of State for Health
29th November 1990
Ian Lang
Secretary of State for Scotland
30th November 1990
David Hunt
Secretary of State for Wales
30th November 1990