text:
Citation and commencement
1
These Regulations may be cited as the Retirement Benefits Schemes (Restriction on Discretion to Approve) (Small Self-administered Schemes) Regulations 1991 and shall come into force on 5th August 1991.
Interpretation
2
1
In these Regulations unless the context otherwise requires —
“ Act ” means the Income and Corporation Taxes Act 1988;
“actuary” means —
a Fellow of the Institute of Actuaries,
a Fellow of the Faculty of Actuaries, or
a person with other actuarial qualifications who has been approved as a proper person to act for the purposes of regulation 8 of the Occupational Pension Schemes (Disclosure of Information) Regulations 1986 in connection with the scheme;
“administrator” in relation to a scheme means the trustees of the scheme or any person appointed by them to have the management of the scheme;
“ the Board ” means the Commissioners of Inland Revenue;
“business” includes a trade or profession and includes any activity carried on by a body of persons, whether corporate or unincorporate, except the activity of making or managing investments where those investments do not consist of shares in 51 per cent. subsidiaries of the body of persons which do not themselves carry on the activity of making or managing investments;
“close company” has the meaning given by sections 414 and 415 of the Act;
“company” means any body corporate or unincorporated association, but does not include a partnership;
“control”, in relation to a body corporate or partnership, shall, subject to paragraph (2), be construed in accordance with section 840 of the Act; and the like construction of “control” applies (with the necessary modifications) in relation to an unincorporated association as it applies in relation to a body corporate;
“controlling director” means a director to whom subsection (5)(b) of section 417 of the Act (read with subsections (3), (4) and (6) of that section) applies;
“director” means a director within the meaning of section 612(1) of the Act;
“employer” in relation to a scheme means an employer who, by virtue of the governing instrument, is entitled to pay contributions to the scheme;
“governing instrument” in relation to a scheme means a trust deed, or other document by which the scheme is established, and any other document which contains provisions by which the administration of the scheme is governed;
“pensioneer trustee” means a trustee of a scheme who —
is approved by the Board to act as such, and
is not connected with —
a scheme member,
any other trustee of the scheme, or
a person who is an employer in relation to the scheme.
“relative” means brother, sister, ancestor or lineal descendant;
“residential property” means property normally used, or adapted for use, as one or more dwellings;
“scheme” means a retirement benefits scheme as defined in section 611(1) of the Act;
“small self-administered scheme” means a scheme —
some or all of the income and other assets of which are invested otherwise than in insurance policies, and
which, if a scheme member is connected with —
another scheme member,
a trustee of the scheme, or
a person who is an employer in relation to the scheme,
has less than 12 members;
“scheme member” in relation to a scheme means a member of the scheme to whom benefit is currently accruing as a result of service as an employee;
“shares” includes stock;
“the trustees” in relation to a scheme includes any person having the management of the scheme;
“unlisted company” means a company which is not officially listed on a recognised stock exchange within the meaning of section 841 of the Act;
“51 per cent. subsidiary” has the meaning given by section 838 of the Act.
2
The interpretation of “control” in paragraph (1) does not apply in relation to a body corporate which is a close company and in relation to such a body corporate “control” shall be construed in accordance with section 416 of the Act.
3
For the purposes of these Regulations any question whether a person is connected with another shall be determined in accordance with paragraphs (4) to (8) (any provision that one person is connected with another being taken to mean that they are connected with one another).
4
A person is connected with an individual if that person is the individual’s husband or wife, or is a relative, or the husband or wife of a relative, of the individual or of the individual’s husband or wife.
5
Without prejudice to paragraph (4) a person, in his capacity as a scheme member, is connected with an employer in relation to a scheme if —
a
where the employer is a partnership, he is connected with a partner in the partnership, or
b
where the employer is a company, he or a person connected with him is, or at any time during the preceding 10 years has been, a controlling director of the company.
6
A company is connected with another company —
a
if the same person has control of both, or a person has control of one and persons connected with him, or he and persons connected with him, have control of the other, or
b
if a group of two or more persons has control of each company, and the groups either consist of the same persons or could be regarded as consisting of the same persons by treating (in one or more cases) a member of either group as replaced by a person with whom he is connected.
7
A company is connected with another person if that person has control of it or if that person and persons connected with him together have control of it.
8
Any two or more persons acting together to secure or exercise control of a company shall be treated in relation to that company as connected one with another and with any person acting on the directions of any of them to secure or exercise control of the company.
9
For the purposes of these Regulations a company is associated with an employer if (directly or indirectly) the employer controls that company or that company controls the employer or if both are controlled by a third person.
Restrictions on the Board’s discretion
3
The Board shall not exercise their discretion to approve a scheme by virtue of section 591 of the Act in circumstances where the scheme is a small self-administered scheme and —
a
the Board have previously approved such a scheme —
i
of which an employee of any employer in relation to the scheme has at any time been a scheme member, and
ii
to which any such employer was entitled to pay contributions, and
iii
which has not been wound up; or
b
subject to regulation 11, the governing instrument of the scheme does not contain provisions of a description specified in regulations 4 to 10.
Provisions as to borrowing
4
1
The description of provision specified in this regulation is a provision to the effect that at the time of any borrowing the trustees of the scheme in their capacity as such shall not have borrowed an aggregate amount, including the amount of that borrowing but excluding any amount which has been repaid before that time, in excess of the total of —
a
three times the ordinary annual contribution paid by employers;
b
three times the annual amount of contributions paid by scheme members as a condition of membership in the year of assessment ending immediately before that time;
c
45 per cent. of the market value of the investments held for the purposes of the scheme.
2
In this regulation “ordinary annual contribution” means the amount which is the smaller of —
a
the amount found by dividing the amount of the contributions paid by employers in the period of three years which ended at the end of the previous accounting period of the scheme by the number of those years or, if the scheme has been established for less than three years at the time of any borrowing, by the number of the years since the scheme was established (a period of less than one year since that time being counted as one year), and
b
the amount of the annual contributions which, within the period of three years immediately before the date of any borrowing, an actuary has advised in writing would have to be paid in order to secure the benefits provided under the scheme.
Provisions as to investments
5
1
The description of provision specified in this regulation is a provision to the effect that the trustees of the scheme in their capacity as such shall not directly or indirectly hold as an investment —
a
personal chattels other than choses in action (or, in Scotland, movable property other than incorporeal movable property);
b
residential property other than that specified in paragraph (2);
c
shares in an unlisted company which —
i
carry more than 30 per cent. of the voting power in the company, or
ii
entitle the holder of them to more than 30 per cent. of any dividends declared by the company.
2
The residential property specified in this paragraph is —
a
property which is, or is to be, occupied by an employee who is not connected with his employer and who is required as a condition of his employment to occupy the property; and
b
property which is, or is to be, occupied by a person who is neither a scheme member nor connected with a scheme member in connection with the occupation by that person of business premises held by the trustees of the scheme in their capacity as such.
3
For the purposes of paragraph (1), trustees shall not be regarded as indirectly holding as an investment residential property other than that specified in paragraph (2) where they hold as an investment units in a unit trust scheme —
a
which is an authorised unit trust within the meaning of section 468(6) of the Act, or
b
where all the unit holders would be wholly exempt from capital gains tax or corporation tax (otherwise than by reason of residence) if they disposed of their units,
and the trustees of the scheme hold such property as an investment subject to the trusts of the scheme.
Provisions as to lending and the acquisition of shares
6
1
The description of provision specified in this regulation is a provision to the effect that the trustees of the scheme in their capacity as such shall not directly or indirectly lend money —
a
to a member of the scheme or a person connected with him, other than an employer in relation to the scheme or any company associated with that employer, or
b
to an employer in relation to the scheme, or any company associated with that employer, unless the lending is within the exception contained in paragraph (2).
2
Lending is within the exception contained in this paragraph —
a
only if the amount lent is utilised for the purposes of the borrower’s business, and
b
if it is —
i
for a fixed term,
ii
at a commercial rate of interest, and
iii
evidenced by an agreement in writing which contains the provisions specified in paragraph (3) and all the conditions on which it is made.
3
The provisions specified in this paragraph are provisions to the effect that the amount lent shall be immediately repayable —
a
if the borrower —
i
is in breach of the conditions of the agreement,
ii
ceases to carry on business, or
iii
becomes insolvent; or
b
if it is required to enable the trustees to pay benefits which have already become due under the scheme.
4
Subject to paragraphs (5) and (6), for the purposes of this regulation a borrower shall be taken to have become insolvent if —
a
he has been adjudged bankrupt or has made a composition or arrangement with his creditors;
b
he has died and his estate falls to be administered in accordance with an order under section 421 of the Insolvency Act 1986 or Article 365 of the Insolvency (Northern Ireland) Order 1989 ;
c
where the borrower is a company, a winding-up order or an administration order has been made with respect to it, or a resolution for voluntary winding-up has been passed with respect to it, or a receiver or manager of its undertaking has been duly appointed, or possession has been taken, by or on behalf of the holders of any debentures secured by a floating charge, of any property of the company comprised in or subject to the charge, or a voluntary arrangement is approved under Part I of the Insolvency Act 1986 or Part II of the Insolvency (Northern Ireland) Order 1989.
5
Until the coming into operation of Article 365 of the Insolvency (Northern Ireland) Order 1989, paragraph (4) above shall have effect in its application to Northern Ireland subject to the following modifications —
a
in sub-paragraph (b) of that paragraph for the reference to that Article there shall be substituted a reference to section 30(1) of, and Part I of Schedule 1 to, the Administration of Estates Act (Northern Ireland) 1955 ; and
b
in sub-paragraph (c) of that paragraph the words from “or an administration order” to “to it” (where those words first occur) and the words from “or a voluntary arrangement” onwards shall be omitted.
6
In the application of this regulation to Scotland, for sub-paragraphs (a), (b) and (c) of paragraph (4) above there shall be substituted the following sub-paragraphs —
a
an award of sequestration has been made on his estate, or he has executed a trust deed for his creditors or has entered into a composition contract;
b
he has died and a judicial factor appointed under section 11A of the Judicial Factors (Scotland) Act 1889 is required by the provisions of that section to divide his insolvent estate among his creditors; or
c
where the borrower is a company, a winding up order or an administration order has been made, or a resolution for voluntary winding-up is passed with respect to it, or a receiver of its undertaking is duly appointed, or a voluntary arrangement for the purposes of Part I of the Insolvency Act 1986 is approved under that part.
7
For the purposes of this regulation and of regulation 8 a member of a scheme includes —
a
a scheme member;
b
a person who is in receipt of a pension from the scheme;
c
a person who has left the service of the employer but was a scheme member during that service;
d
a person who is in the service of the employer but is no longer a scheme member.
7
1
The description of provision specified in this regulation is a provision to the effect that at the time that any money is lent, or any shares in an employer or any company associated with that employer are acquired, the aggregate of —
a
the total amount outstanding of money lent to an employer and any company associated with him in accordance with regulation 6(2) and (3), and
b
the market value of shares in an employer and any company associated with him held by the trustees in their capacity as such,
shall not, where that time is during the period of two years from the date on which the scheme was established, exceed the figure specified in paragraph (2) or, where that time is after the end of that period, exceed the figure specified in paragraph (3).
2
The figure specified in this paragraph is 25 per cent. of the market value of the assets of the scheme which are derived from contributions made by an employer and by employees since the scheme was established.
3
The figure specified in this paragraph is 50 per cent. of the market value of all the assets of the scheme.
Provisions as to transactions with scheme members and others
8
1
The description of provision specified in this regulation is a provision to the effect that the trustees of the scheme in their capacity as such shall not directly or indirectly purchase, sell or lease any asset —
a
from or to a member of the scheme or a person connected with him, other than an employer in relation to the scheme or any company associated with that employer, or
b
from or to an employer, or any company associated with that employer, except in accordance with paragraph (2).
2
A purchase, sale or lease is in accordance with this paragraph only when it is made —
a
after the trustees have obtained independent professional advice in writing, and
b
in accordance with that advice.
3
For the purpose of this regulation —
a
a purchase by the trustees shall not be regarded as a purchase indirectly from a member of the scheme, or a person connected with him, if the purchase by the trustees took place three years or more after the sale by the member or person connected with him; and
b
a sale by the trustees shall not be regarded as a sale indirectly to a member of the scheme, or a person connected with him, if the purchase by the member or person connected with him took place three years or more after the sale by the trustees.
Provisions as to pensioneer trustees
9
The description of provision specified in this regulation is a provision to the effect that —
a
one of the trustees of the scheme shall be a pensioneer trustee, and
b
if a pensioneer trustee ceases to be qualified to act as such or ceases to be a trustee, the trustees or the remaining trustee or trustees shall —
i
within 30 days after that cessation notify the Board in writing;
ii
within 60 days after that cessation appoint a successor to him as a pensioneer trustee;
iii
within 30 days after that appointment notify the Board in writing of the name of the successor.
Provisions as to furnishing of information and documents
10
1
The description of provisions specified in this regulation are provisions to the effect that the administrator of a scheme shall, within 90 days after any transaction by the trustees in their capacity as such as is specified in paragraph (2), furnish to the Board such information and documents as may be specified on the relevant form to be supplied by the Board.
2
The transactions specified in this paragraph are —
a
the acquisition or disposal of land,
b
the lending of money to an employer or any company associated with him,
c
the acquisition or disposal of shares in an employer or any company associated with him,
d
the acquisition or disposal of shares in an unlisted company,
e
the borrowing of money,
f
the purchase, sale or lease from or to an employer, or any company associated with him, of any asset other than one specified in sub-paragraph (a), (c) or (d).
Schemes awaiting approval
11
1
Where at the date of coming into force of these Regulations a scheme which is a small self-administered scheme is in existence and either —
a
has not yet been submitted to the Board for approval, or
b
is before the Board for approval,
the Board shall not be prevented from approving it by virtue of section 591 of the Act by reason only that it contains a provision or provisions of a description specified in any of sub-paragraphs (a), (b) and (c) of paragraph (2).
2
The description of provisions specified in this paragraph is —
a
a provision which authorises the trustees of the scheme to retain an investment of a description mentioned in sub-paragraph (a), (b) or (c) of regulation 5(1) which is held by them immediately before the day on which these Regulations were made;
b
a provision which authorises the trustees of the scheme to continue to lend money, or retain shares in an employer or any company associated with that employer, which was being lent or held by them immediately before the day on which these Regulations were made, where at the time the money was first lent or the shares were acquired the aggregate referred to in paragraph (1) of regulation 7 exceeded the figure specified in paragraph (2) of that regulation, but did not exceed the figure specified in paragraph (3) of that regulation, notwithstanding that the loan was made or the shares were acquired during the period of two years from the date on which the scheme was established;
c
a provision which authorises the trustees of the scheme to sell assets held by them immediately before that day to a member of the scheme or a person connected with him.
A. J. G. Isaac
T. J. Painter
Two of the Commissioners of Inland Revenue
15th July 1991


type: legislation

jurisdiction: UK

text:
1
These Regulations may be cited as the Motor Vehicles (Tests) (Amendment) (No. 2) Regulations 1991 and shall come into force on 1st April 1991.
2
The Motor Vehicles (Tests) Regulations 1981 shall be further amended in accordance with the provisions of these Regulations.
3
In the Regulations specified in column 1 of the Table below for the amounts specified in column 2 of the Table there shall be substituted the amounts specified in column 3 of the Table.
TABLE
(1) (2) (3) Regulation Existing Amount Substituted Amount
20(1)(b)(i) £38.00 £40.60 20(1)(b)(ii) £26.50 £28.30 20(2A) £24.50 £26.00 £18.00 £19.10 23(2)(a) £8.25 £8.80
4
In Regulation 20(4) for the Table there shall be substituted the following Table —
TABLE
FEES RELATING TO THE RE-EXAMINATION OF VEHICLES IN CLASS VI
Column 1 Column 2 Column 3 Description of Vehicle Normal Fee Saturday Fee
Vehicles in Class VI constructed or adapted to carry more than 12 passengers
a
£20.00, if the vehicle is submitted for a further examination within 14 days of the date of the issue of the notice of refusal of a test certificate, or
a
£33.00 in the circumstances described in paragraph (a) of the entry in column 2, or
b
£40.60 in any other case.
b
£66.60 in any other case
Other vehicles in Class VI
a
£ 14.20, it the vehicle is submitted for a further examination within 14 days of the date of the issue of the notice of refusal of a test certificate, or
a
£23.70, in the circumstances described in paragraph (a) of the entry in column 2, or
b
£28.30, in any other case.
b
£47.40, in any other case.
Signed by authority of the Secretary of State for Transport
Christopher Chope
Parliamentary Under Secretary of State,
Department of Transport
28th February 1991


text:
Citation and commencement
1
These Regulations may be cited as the River Cree Salmon Fishery District (Baits and Lures) Regulations 1991 and shall come into force on 1st January 1992.
Specification of baits and lures and area of application
2
Natural prawns and shrimps (whether fresh or preserved, dyed or natural colour) and any part thereof are, in relation to the River Cree salmon fishery district, specified for the purposes of the definition of “rod and line” in section 24(1) of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 .
T.J. Kelly
Assistant Secretary, Scottish Office
Pentland House,
Edinburgh
30th September 1991


text:
Citation, commencement and transitional provisions
1
1
These Regulations may be cited as the Legal Aid in Family Proceedings (Remuneration) Regulations 1991 and shall come into force on 14th October 1991.
2
Subject to paragraph (3), these Regulations shall apply to remuneration payable in respect of work done on or after 14th October 1991 and remuneration payable in respect of work done before that date shall be determined as if these Regulations had not been made.
3
Schedule 2 shall apply to remuneration payable in respect of work done before 14th October 1991 as it applies to work done after that date.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“the relevant authority” means the Area Director in the case of an assessment and the taxing officer in the case of a taxation, and “determination” shall mean an assessment or taxation as the case may be;
“care proceedings” means proceedings for an order under Parts IV or V of the Children Act 1989;
“fee-earner” means a solicitor, a legal executive or any clerk who regularly does work for which it is appropriate to make a direct charge to a client;
“the General Regulations ” means the Civil Legal Aid (General) Regulations 1989 ;
“prescribed family proceedings” means proceedings with respect to which rules may be made under section 40 of the Matrimonial and Family Proceedings Act 1984 , excluding care proceedings;
“ the Rules ” means the Matrimonial Causes (Costs) Rules 1988 .
2
Unless the context otherwise requires —
a
expressions used in the Rules, the Family Proceedings Rules 1991 and in the General Regulations shall have the same meanings as in those Rules or Regulations; and
b
any reference in these Regulations to a regulation, Part or Schedule by number means the regulation, Part or Schedule so numbered in these Regulations.
Remuneration
3
1
The sums to be allowed to legal representatives in connection with family proceedings shall be determined in accordance with these Regulations, Part Xll of the General Regulations, the Family Proceedings (Costs) Rules 1991 and paragraphs 1(3), (4)(a) and (5) and paragraph 2(2)(a) of Part I of Schedule I to the Rules.
2
Subject to the following paragraphs, the amounts to be allowed on determination under this regulation shall be —
a
in accordance with Schedule 1 where the certificate was issued in relation to care proceedings;
b
in accordance with Schedule 2 where the certificate was issued in relation to prescribed family proceedings, or, in relation to proceedings in a magistrates'court, any family proceedings other than care proceedings;
c
in accordance with RSC Order 62 or CCR Order 38 where the certificate was issued in relation to family proceedings not falling within sub-paragraphs (a) and (b);
d
in accordance with paragraph (2) of rule 8 of the Rules where the costs incurred relate to the kind of work to which that paragraph applies;
e
in accordance with paragraph 1(1) of Part I of Schedule 1 to the Rules where no provision is made in the Schedules to these Regulations for the kind of work to which the costs relate.
3
Where a certificate relating to proceedings under paragraph 2(c) is extended to cover proceedings falling within sub-paragraphs (a) or (b), the amounts to be allowed on determination shall be in accordance with Schedule 1 or 2 as the case may be, or, if it is extended to cover proceedings falling within both sub-paragraphs, in accordance with Schedule 2.
4
On determination the relevant authority —
a
in allowing costs under item 4 of Part I of Schedule 1, shall allow costs at the higher rate where the work was done by a fee-earner whose office is situated within legal aid area 1;
b
in allowing costs under item 4 of Part I of Schedule 2(a), shall allow costs at the higher rate where at the time when the relevant work was done the proceedings were conducted in the principal registry or in another court on the South-Eastern Circuit;
c
may allow a larger amount than that specified in column 2 or column 3, as the case may be, of Parts I, II , III and V of Schedules 1 and 2(a) where it appears to him reasonable to do so having regard to —
i
the exceptional competence with which the work was done, or
ii
the exceptional expedition with which the work was done, or
iii
any other exceptional circumstances of the case including, in the case of care proceedings, the fact that the solicitor was a member of the Law Society’s Children Act panel,
but, without prejudice to regulation 109 of the General Regulations or rules 15 or 16 of the Rules, the relevant authority may in respect of any item in Part I, II, III or V of Schedule I or 2(a) allow a lower amount than that specified in column 2 or column 3 of that Part, as the case may be, where it appears to him reasonable to do so having regard to any failure on the part of the solicitor to provide timely preparation or advice, or for any similar reason.
5
Without prejudice to regulation 109 of the Legal Aid General Regulations or rules 14 or 15 of the Rules, where a standard fee is specified in Part IV of Schedules 1 or 2(a) for work done by junior counsel that fee shall be allowed unless the relevant authority considers that it would be unreasonable to do so, in which case he shall allow such lesser or greater fee as may be reasonable —
Provided that the fee allowed shall not exceed any maximum fee which is specified unless the relevant authority considers that, owing to the time and labour expended by counsel or to any other special circumstance of the case, the maximum fee specified would not provide reasonable remuneration for some or all of the work done, in which case the fee to be allowed shall be in the discretion of the relevant authority.
6
For the purpose of determining which of the brief fees provided by item 12 of Schedule I and item 13 of Schedule 2(a) should be allowed —
a
a one hour fee shall be allowed where the hearing lasts for one hour or less than one hour;
b
a half day fee shall be allowed where the hearing lasts for more than one hour and
i
begins and ends before the luncheon adjournment; or
ii
begins after the luncheon adjournment and ends before 5.30p.m.;
c
a full day fee shall be allowed where the hearing lasts for more than one hour and
i
begins before and ends after the luncheon adjournment but before 5.30p.m.; or
ii
begins after the luncheon adjournment and ends after 5.30p.m.; and
d
a more than a full day fee shall be allowed where the hearing
i
begins before the luncheon adjournment and ends after 5.30p.m. on the same day; or
ii
begins on one day and continues into a subsequent day.
7
In exercising his discretion under this regulation or in relation to any provision of the Schedules where the amount of costs to be allowed is in his discretion, the relevant authority shall exercise his discretion in accordance with paragraph 1(2) of Part I of Schedule 1 to the Rules.
8
Disbursements (other than counsel’s fees) for which no allowance is made in Schedules 1 or 2(a) shall be determined and allowed, or disallowed, according to the general principles applicable to the taxation of costs in R.S.C. Order 62.
Mackay of Clashfern, C
Dated 6th September 1991
We Consent,
Sydney Chapman
Irvine Patrick
Two of the Lords Commissioners of Her Majesty’s Treasury
9th September 1991


text:
Citation and commencement
1
This Order may be cited as the National Bus Company (Dissolution) Order 1991 and shall come into force on 1 st April 1991.
Dissolution
2
1
On 1st April 1991 the National Bus Company (referred to in this Order as the Company) shall cease to exist.
2
That date is in the following provisions of this Order referred to as the “abolition date”.
Transfer of property, rights and liabilities
3
1
On the abolition date there shall be transferred to the Secretary of State for Transport by virtue of this Order and without further assurance all such property, rights and liabilities (whether or not of such a nature that they could be assigned by the Company) as immediately before abolition date belonged to or were incumbent upon the Company.
2
Where immediately before abolition date there is in force an agreement which confers or imposes on the Company any rights or liabilities which are transferred to the Secretary of State by virtue of paragraph (1) above, that agreement shall have effect on and after that date as if —
a
the Secretary of State had been a party to the agreement; and
b
for any reference (in whatever terms and whether expressly or by implication) to the Company there were substituted, in relation to anything falling to be done on or after that date, a reference to the Secretary of State; and
c
for any reference (in whatever terms and whether expressly or by implication) to an officer or employee of the Company, not being a party to the agreement and beneficially interested in it, there were substituted, in relation to anything falling to be done on or after that date, a reference to such person as the Secretary of State may appoint.
3
Paragraph (2) above shall, as far as applicable, apply in relation to any provision of an instrument or other document, not being an agreement to which the Company was a party, if and in so far as the provision in question relates to any of the transferred rights and liabilities, as it applies in relation to an agreement to which the company was a party.
4
Where any right or liability is transferred to the Secretary of State by virtue of this Order, he and all other persons shall, on and after abolition date, have the same rights, powers and remedies (in particular, the same rights as to the taking or resisting of legal proceedings) for ascertaining, perfecting or enforcing that right or liability as he would have had if it had at all times been a right or liability of the Secretary of State; and any legal proceedings by or against the Company which relate to any property, right or liability transferred to the Secretary of State by virtue of this Order, and are pending immediately before the abolition date, may be continued on and after that date by or against the Secretary of State.
5
In paragraph (4) above, any reference to legal proceedings shall be construed as including a reference to any application to an authority, and any reference to the taking or resisting of legal proceedings shall be construed accordingly.
6
Nothing in paragraph (2) to (5) above, shall be taken as prejudicing the general effect of paragraph (1); and paragraphs (2) and (3) above shall have effect for the interpretation of agreements and other documents subject to context, and shall not apply where the context otherwise requires.
Final accounts
4
1
Brian William France F.C.A., M.B.E., of 8 Quennells Hill, Wrecelesham, Farnham, Surrey GU1O 4ND shall prepare a statement of the Company’s accounts for the period (“the final period”) from the end of that dealt with in the last annual statement of accounts sent by the Company to the Secretary of State under section 24(3) of the Transport Act 1962 down to the abolition date.
2
The statement shall be in such form and contain such particulars, and be compiled in such manner, as the Secretary of State may direct with the approval of the Treasury.
3
The Secretary of State shall arrange for the accounts of the Company for the final period to be audited by auditors appointed by him; and a person shall not be qualified to be so appointed unless he is a member of one or more of the bodies of accountants established in the United Kingdom and for the time being recognised by the Secretary of State for the purposes of section 389(a) of the Companies Act 1985 .
4
As soon as the accounts of the final period have been audited, the person mentioned in paragraph (1) above shall send to the Secretary of State a report of the exercise and performance by the Company of their functions during any period not dealt with in the reports made by the Company under section 27(8) of the Transport Act 1962.
Amendment and repeals
5
1
The following amendments and repeals are consequential on the dissolution of the Company.
2
In paragraph 31(4) of Schedule 3 to the Transport Act 1981 the word “and” shall be inserted after the word “Executive” and the words “and the National Bus Company” shall be omitted.
3
In paragraph 5 of Schedule 5 to the Transport Act 1982 for the words “National Bus Company” there shall be substituted the words “Scottish Transport Group”.
4
The enactments mentioned in the Schedule to this Order are hereby repealed to the extent specified in the third column of that Schedule.
Roger Freeman
Minister of State
Department of Transport
7th March 1991


text:
Citation and commencement
1
1
These Regulations may be cited as the Community Charges (Administration and Enforcement) (Amendment) Regulations 1991.
2
These Regulations, other than regulations 3 and 5 and, insofar as it relates to those regulations, regulation 2, shall come into force on 1st April 1991.
3
Regulations 3 and 5 and, insofar as it relates to those regulations, regulation 2, shall come into force on 15th February 1991.
Amendment of Regulations
2
The Community Charges (Administration and Enforcement) Regulations 1989 are amended in accordance with the following provisions of these Regulations.
Demand notices: treatment of credits brought forward
3
1
For paragraph (3) of regulation 16 there is substituted the following paragraph–
3
The amount is–
a
the charging authority’s estimate of the amount that the person is liable to pay in respect of the charge as it has effect for the relevant year, made as respects periods in the year after the issue of the notice on the following assumptions–
i
that the person will be subject to the community charge to which the notice relates on every day after the issue of the notice;
ii
if he is shown in the register as undertaking a full-time course of education on the day the notice is issued, that he will undertake such a course on every day after the issue of the notice; and
iii
if on the day the notice is issued a determination as to a community charge benefit to which he is entitled is in effect, and by virtue of regulations made under section 31A(1) of the Social Security Act 1986 the benefit allowed as regards that day under the determination takes the form of a reduction in the amount the person is liable to pay in respect of the charge as it has effect for the relevant year, that as regards every day after that day he will be allowed the same reduction in that amount; or
b
where an amount falls to be credited by the charging authority against the amount that the person is liable to pay in respect of the charge as it has effect for the relevant year, the amount (if any) by which the amount referred to in sub-paragraph (a) above exceeds the amount falling to be so credited.
.
2
In paragraph (4) of regulation 16, for the words after “payment of” there are substituted the following words–
a
an amount equal to the person’s liability in respect of the charge as it has effect for the period in the year up to the day on which he is last shown as ceasing to be subject to the charge; or
b
where an amount falls to be credited by the charging authority against that liability, an amount equal to the amount (if any) by which the amount referred to in sub-paragraph (a) above exceeds the amount falling to be so credited.
.
3
In paragraph (6) of regulation 16, for the words after “payment of” there are substituted the following words–
a
the amount for which the chargeable person is liable in respect of the charge as it has effect for the year; or
b
where an amount falls to be credited by the charging authority against that liability, an amount equal to the amount (if any) by which the amount referred to in sub-paragraph (a) above exceeds the amount falling to be so credited.
.
4
The substitutions referred to in paragraphs (1) to (3) do not apply in relation to community charges for the chargeable financial year beginning 1st April 1990.
Personal and standard community charges: payments
4
For paragraph (5) of regulation 17 there is substituted the following paragraph –
5
A notice to which regulation 16(4) or (6) applies shall (as the charging authority determines) require payment of the amount concerned–
a
on the expiry of such period (being not less than 14 days) after the day of issue of the notice as is specified in it; or
b
by monthly instalments of such amounts as are specified in the notice, payable in such months and on such day in each month as is so specified.
.
Co-owners
5
In regulation 59(5)–
a
for the words “or I” in both places where they occur there are substituted the words “, I or J”;
b
for the words “regulation 62(4) and (5)” there are substituted the words “regulation 62(6) and (11)”.
Signed by authority of the Secretary of State for the Environment
Michael Portillo
Minister of State,
Department of the Environment
31st January 1991
David Hunt
Secretary of State for Wales
31st January 1991


text:
Citation, commencement and introduction
1
This Order may be cited as the London Cab Order 1991 and shall come into force on 8th June 1991.
2
The London Cab Order 1934 shall be amended in accordance with the following provisions of this Order.
Scales of fares
3
For paragraph 40 (scales of fares excluding extras) there shall be substituted the following —
40
1
Subject to the following provisions of this paragraph, the fare payable for the hiring of a motor cab shall be according to the following scale —
a
a hiring charge of 40p, and
b
in respect of any part of the hiring during which the cab travels at a speed exceeding 9.94 miles an hour, at the rate of 20p for 313.5 yards or, if the fare shown on the taximeter is £7.20 or more, thereafter at the rate of 20p for 209 yards, and
c
in respect of any part of the hiring during which the cab is stationary or travels at a speed not exceeding 9.94 miles an hour, at a rate of 20p for 64.5 seconds or, if the rate shown on the taximeter is £7.20 or more, thereafter at the rate of 20p for 43 seconds.
2
In any case where the fare according to the scale prescribed in sub-paragraph (1) above is less than £1.00 the fare payable shall be £1.00, and in any other case where the fare exceeds a multiple of 20p by a sum which is less than 20p the fare payable shall be the next higher multiple of 20p.
.
Amendment to extra charges
4
In paragraph 41(1)(a) (which prescribes extra charges for the carriage of additional passengers), for “20p” there shall be substituted “30p”.
Signed by authority of the Secretary of State for Transport
Roger Freeman
Minister of State,
Department of Transport
23rd May 1991


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Community Charges and Non-Domestic Rating (Demand Notices) (City of London) (Amendment)Regulations 1991 and shall come into force on 29th March 1991.
2
In these Regulations“the 1991 Regulations ” means the Community Charges and Non-Domestic Rating (DemandNotices) (City of London) Regulations 1991 .
Amendment of the 1991 Regulations
2
1
The 1991 Regulations have effect with the amendments specified inthe following paragraphs of this regulation.
2
In regulation 1(2), in the definition of“the relevant charge”, there are inserted after the words“section 13A of the Act”a comma and the words“and which has been reduced by virtue of the Community Charges(General Reduction) Act 1991”.
3
In regulation 2, for the words“a financial year beginning on or after 1st April 1991” there are substituted the words“the financial year beginning on 1st April 1991”.
4
In regulation 3, in paragraph (1), the words“Subject to paragraph (2),” and, in paragraph (5), the words“Subject to paragraph (6),” are omitted.
5
In regulation 3, paragraphs (2) and (6) are omitted and afterparagraph (5) there is inserted the following paragraph —
5A
Nothing in the foregoing provisions of this regulation requires anotice to be given on a single sheet of paper, but if more than onesheet is used, the sheets shall be issued together, whether or notattached, so as to comprise one notice.
.
6
In Part I of Schedule 1 —
a
for sub-paragraph (g) of paragraph 1, there is substituted thefollowing —
g
the aggregate of —
i
the amount of the reduction under section 1 of the Community Charges(General Reduction) Act 1991; and
ii
the amount of any adjustment necessary so that the amount of therelevant charge may be derived from the amounts mentioned in sub-paragraphs (a) to (f) above and paragraph (i) of this sub-paragraph.
;
b
in paragraph 7, in the explanatory notes, for the note headed“OTHER ADJUSTMENTS” there is substituted the following note —
STATUTORY REDUCTION AND ADJUSTMENTS: The charge set by the CommonCouncil has been reduced by £140 under the Community Charges (GeneralReduction) Act 1991. The Act provides for the Government to make a grantto the Council to compensate it for this. In addition, adjustments aremade to take account of the Common Council’s estimate of:
interest payable to or by the Council on certain monies
changes in income due to movement of people on and off the community charges register
income from standard community charges
community charges not collected by the Council.
;
c
after paragraph 7 there is inserted the followingparagraph —
8
A statement in the following terms —
“THIS COMMUNITY CHARGE DEMAND TAKES ACCOUNT OF THE PROVISIONS OF THECOMMUNITY CHARGES (GENERAL REDUC- TION) ACT 1991.”
.
7
In paragraph 1 of Part II of Schedule 1, for the word and figures“1 to 7” there are substituted the word and figures“1 to 8”.
8
In paragraph 1 of Parts III and IV of Schedule 1, for the word andfigures“2 and 7” there are substituted the word and figures“2, 7 and 8”.
9
In paragraph 5 of Part I of Schedule 3 —
a
in sub-paragraph (c) for the words“paragraph 1(c) to (g)” there are substituted the words“paragraph 1(c) to (f) and (g)(ii)”; and
b
at the end there is inserted the following —
with an indication, whether as part of the breakdown or expressed byreference to it, that account has been taken of the Community Charges(General Reduction) Act 1991.
.
Michael Heseltine
One of Her Majesty’s Principal Secretaries of State
28th March 1991


text:
Citation and commencement
1
This Order may be cited as the Children Act 1989 (Consequential Amendment of Enactments) Order 1991 and shall come into force on 14th October 1991.
Child Benefit Act 1975
2
Section 3(3)(c) of the Child Benefit Act 1975 (meaning of “person responsible for child”) shall be amended by the insertion after the words “the National Health Service Act 1977” of the words “, the Children Act 1989”.
Mental Health Act 1983
3
Section 26(2) of the Mental Health Act 1983 (Definition of “relative” and “nearest relative”) shall be amended by the substitution, for the words “his mother”, of the following —
a
his mother, and
b
if his father has parental responsibility for him within the meaning of section 3 of the Children Act 1989, his father.
.
Local Government and Housing Act 1989
4
Section 114(6) of the Local Government and Housing Act 1989 (Approval of applications to provide certain facilities for the disabled — meaning of “disabled”) shall be amended by the omission of the word “or” immediately before paragraph (b) and by the insertion after that paragraph of the following:
or
c
a person to whom section 17(11) of the Children Act 1989 (disabled children) applies.
.
Mackay of Clashfern, C.
5th August 1991


text:
Citation and commencement
1
1
This Order may be cited as the Gloucestershire Districts (Electoral Arrangements) Order 1991.
2
This Order shall come into force on 22nd March 1991 for any purpose set out in regulation 4(1)(b) and (c) (coming into operation of order) of the Local Government Area Changes Regulations 1976 .
3
For all other purposes this Order shall come into force on 1st April 1991.
Interpretation
2
In this Order–
“the 1991 Order ” means the Gloucestershire (District Boundaries) Order 1991 ;
“boundary map” has the same meaning as in article 2 of the 1991 Order; and
“electoral division” means an electoral division of the county of Gloucestershire.
Electoral arrangements in Cheltenham
3
1
The Hatherley ward of the borough of Cheltenham shall be abolished.
2
There shall be created in the borough of Cheltenham (as constituted on 1st April 1991) new wards which shall bear the names specified in column 1 of the Schedule hereto; and each such ward shall consist of the areas marked on a boundary map as shown in column 2 of that Schedule and specified in relation to the ward in question.
3
The areas of the Hatherley and The Reddings ward and the Swindon ward shall form part of the Hatherley electoral division and the St Peter’s electoral division, respectively.
4
From 1st April 1991 until 6th May 1991 the Hatherley and The Reddings ward shall be represented by the persons representing the Hatherley ward immediately before 1st April 1991; thereafter it shall be represented by 4 borough councillors.
5
From 1st April 1991 until 6th May 1991 the Leckhampton with Up Hatherley ward shall be represented by the persons representing the Leckhampton with Up Hatherley ward of the borough of Tewkesbury immediately before 1st April 1991; thereafter it shall be represented by 3 borough councillors.
6
From 1st April 1991 until 6th May 1991 the Prestbury ward shall be represented by the persons representing the Prestbury St Mary’s ward and the Prestbury St Nicholas ward of the borough of Tewkesbury immediately before 1st April 1991; thereafter it shall be represented by 3 borough councillors.
7
From 1st April 1991 until 6th May 1991 the Swindon ward shall be represented by the person representing the Swindon ward of the borough of Tewkesbury immediately before 1st April 1991; thereafter it shall be represented by one borough councillor.
8
Subject to paragraph (9) below, of the councillors elected for the Leckhampton with Up Hatherley ward and for the Prestbury ward on the ordinary day of elections in 1991–
a
the councillor of each ward elected by the smallest number of votes cast in the election for that ward shall retire in 1992;
b
the councillor of each ward elected by the second smallest number of votes cast in the election for that ward shall retire in 1994; and
c
the others shall retire in 1995.
9
If in relation to either of those wards–
a
the election of councillors in 1991 is uncontested; or
b
an equality of votes between any persons elected makes it uncertain which of them is to retire in any such year,
the councillor of the ward in question who is to retire in that year shall be determined by lot.
10
Where such question is determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen, and the drawing shall be conducted under the direction of the person presiding at the meeting.
Electoral arrangements in Cotswold
4
The areas of the parishes of Coberley and Cowley (as constituted on 1st April 1991) shall form part of–
a
the Ermin ward of the district of Cotswold; and
b
the South Cotswold electoral division.
Electoral arrangements in Gloucester
5
–
1
The areas marked B1, B2, B3 and B7 on boundary map 1 shall form part of–
a
the Westgate ward of the city of Gloucester; and
b
the Westgate electoral division.
2
The areas marked B4 and B5 on boundary map 1 shall form part of–
a
the Kingsholm ward of the city of Gloucester; and
b
the Kingsholm electoral division.
3
The area marked B6 on boundary map 1 shall form part of–
a
the Longlevens ward of the city of Gloucester; and
b
the Longlevens electoral division.
4
The areas marked B8 and B9 on boundary map 3 shall form part of–
a
the Matson ward of the city of Gloucester; and
b
the Matson electoral division.
5
There shall be created in the city of Gloucester (as constituted on 1st April 1991) a new ward, to be known as the Quedgeley ward, which shall consist of the area of the parish of Quedgeley (as so constituted).
6
From 1st April 1991 until 6th May 1991 the Quedgeley ward shall be represented by the persons representing the Quedgeley and Hardwicke ward of the district of Stroud immediately before 1st April 1991; thereafter it shall be represented by 2 city councillors.
7
Subject to paragraph (8) below, of the councillors elected for the Quedgeley ward on the ordinary day of elections in 1991–
a
the councillor elected by the smaller number of votes shall retire in 1994; and
b
the other shall retire in 1995.
8
If–
a
the election of councillors in 1991 is uncontested; or
b
an equality of votes between the persons elected makes it uncertain which of them is to retire in any such year,
the councillor who is to retire in that year shall be determined by lot.
9
Where such question is determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen, and the drawing shall be conducted under the direction of the person presiding at the meeting.
Electoral arrangements in Stroud
6
1
The area referred to in article 8(8) of the 1991 Order shall be transferred to the Parklands ward of the district of Stroud.
2
The Quedgeley and Hardwicke ward of the district of Stroud shall be abolished.
3
There shall be created in the district of Stroud (as constituted on 1st April 1991) a new ward, to be known as the Hardwicke ward, which shall consist of the area of the parishes of Elmore, Hardwicke and Longney.
4
From 1st April 1991 until 6th May 1991 the Hardwicke ward shall be represented by the persons representing the Quedgeley and Hardwicke ward of the district of Stroud immediately before 1st April 1991; thereafter it shall be represented by 2 district councillors.
5
Subject to paragraph (6) below, of the councillors elected for the Hardwicke ward on the ordinary day of elections in 1991–
a
the councillor elected by the smaller number of votes shall retire in 1992; and
b
the other shall retire in 1994.
6
If–
a
the election of councillors in 1991 is uncontested; or
b
an equality of votes between the persons elected makes it uncertain which of them is to retire in any such year, the councillor who is to retire in that year shall be determined by lot.
7
Where such question is determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen, and the drawing shall be conducted under the direction of the person presiding at the meeting.
8
The area transferred as mentioned in paragraph 1 above and the areas comprising the Hardwicke ward shall be transferred to the Severn electoral division.
Electoral arrangements in Tewkesbury
7
1
The areas referred to in article 4 of the 1991 Order shall form part of–
a
the De Winton ward of the borough of Tewkesbury; and
b
the Severn Vale electoral division.
2
The areas referred to in article 8(1) of the 1991 Order shall form part of–
a
the Cleeve Hill ward of the borough of Tewkesbury; and
b
the Winchcombe electoral division.
3
The area referred to in article 8(2) of the 1991 Order shall form part of the Bishop’s Cleeve South ward of the borough of Tewkesbury.
4
The areas referred to in article 8(4), (5) and (10) of the 1991 Order shall form part of the Shurdington ward of the borough of Tewkesbury.
5
The areas referred to in article 8(3) of the 1991 Order shall form part of the Coombe Hill ward of the borough of Tewkesbury.
6
The Leckhampton with Up Hatherley, Prestbury St Mary's, Prestbury St Nicholas and Swindon wards of the borough of Tewkesbury shall be abolished.
7
The following areas shall form part of the Mid-Tewkesbury electoral division–
a
the areas referred to in article 8(3) of the 1991 Order;
b
the parish of Shurdington;
c
the parish of Badgeworth; and
d
the parish of Great Witcombe.
Other electoral arrangements in Gloucestershire
8
1
The following electoral divisions (as constituted immediately before 1st April 1991) shall be abolished–
a
Bishop’s Cleeve and Swindon;
b
Cotswold Edge;
c
Quedgeley.
2
There shall be created in the county of Gloucestershire–
a
a new electoral division, to be known as Bishop’s Cleeve, which shall consist of the area of the parish of Bishop’s Cleeve (as constituted on 1st April 1991);
b
a new electoral division, to be known as Leckhampton with Up Hatherley, which shall consist of the area of the parishes of Leckhampton and Up Hatherley (as constituted on 1st April 1991); and
c
a new electoral division, to be known as Quedgeley, which shall consist of the area of the parish of Quedgeley (as constituted on 1st April 1991).
3
From 1st April 1991 until the fourth day after the ordinary day of election of county councillors in 1993 –
a
the Bishop’s Cleeve electoral division shall be represented by the person representing the Bishop’s Cleeve and Swindon electoral division immediately before 1st April 1991;
b
the Leckhampton with Up Hatherley electoral division shall be represented by the person representing the Cotswold Edge electoral division immediately before 1st April 1991;
c
the Quedgeley electoral division shall be represented by the person representing the Quedgeley electoral division immediately before 1st April 1991.
Signed by authority of the Secretary of State for the Environment
Blatch
Parliamentary Under Secretary of State,
Department of the Environment
21st March 1991


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Contributions) Amendment (No. 2) Regulations 1991 and shall come into force on 6th April 1991.
2
In these Regulations, “the principal Regulations ” means the Social Security (Contributions) Regulations 1979 .
Amendment to the principal Regulations
2
1
The principal Regulations shall be further amended in accordance with the following provisions of this regulation.
2
In regulation 7 (lower and upper earnings limits for Class 1 contributions) —
a
for the date of “6th April 1990” there shall be substituted the date of “6th April 1991”, and
b
for the sums of “£46” and “£350” there shall be substituted respectively the sums of “£52” and “£390”.
3
In sub-paragraph (a) of regulation 115(1) (reduction of rate of Class 1 contributions payable in respect of earnings of serving members of the forces) for the figure “0.7” in each place where it appears there shall be substituted the figure “0.6”.
4
In sub-paragraph (b) of regulation 123D (special provisions as to volunteer development workers) for “7 per cent.”there shall be substituted “6.6 per cent.”.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
7th March 1991
We consent,
Irvine Patnick
Sydney Chapman
Two of the Lords Commissioners of Her Majesty’s Treasury
11th March 1991


text:
1
This Order may be cited as the Income Tax (Interest Relief) (Qualifying Lenders) (No. 2) Order 1991.
2
The bodies named in article 3 below are prescribed for the purposes of section 376 of the Income and Corporation Taxes Act 1988 and shall become qualifying lenders with effect from the dates and in respect of the loans specified in the following paragraphs —
a
with effect from the thirtieth day after the making of this Order, in relation to new loans (that is loans which are made on or after that day);
b
with effect from the makng of this Order, in relation to transferred loans (that is loans transferred from another qualifying lender on or after the making of this Order the interest on which is at the time of transfer relevant loan interest payable by a qualifying borrower);
c
with effect from the 6th April 1992, in relation to other loans made by the body concerned before the thirtieth day after the making of this Order.
3
The following are the bodies referred to in article 2 above —
Abbey Life Services Limited
Barshelfco (No. 39) Limited
Barshelfco (No. 40) Limited
Barshelfco (No. 41) Limited
Bavarian Mortgages No. 1 PLC
Bavarian Mortgages No. 2 PLC
Bavarian Mortgages No. 3 PLC
Bavarian Mortgages No. 4 PLC
Bavarian Mortgages No. 5 PLC
Bavarian Mortgages No. 6 PLC
Bayerische Hypotheken-und Wechsel-Bank A. G.
Birmingham Mortgage Company Limited
Capital Finance Company Limited
Capital Motivation Limited
Capital World Travel Limited
Chadcroft Limited
Chelsea Mortgage Services Limited
Cheshire Mortgage Corporation Limited
Crédit Lyonnais
Collateralised Mortgage Securities (No. 15) PLC
Collateralised Mortgage Securities (No. 16) PLC
Collateralised Mortgage Securities (No. 17) PLC
Collateralised Mortgage Securities (No. 18) PLC
Derbyshire Home Loans Limited
Derbyshire Mortgages Limited
Diamond Mortgage Funding Limited
Goode Durrant Bank PLC
HMC Financing 9 Limited
HMC Financing 10 Limited
HMC Financing 11 Limited
Household Mortgage Personal Finance Ltd
Medway Housing Society Limited
Newcastle Mortgage Corporation Limited
NHL Seventeeth Funding Limited
NHL Twentieth Funding Limited
Personal Receivables Loan Securitisation (No. 2) Limited
Personal Receivables Loan Securitisation (No. 3) Limited
Personal Receivables Loan Securitisation (No. 4) Limited
Personal Receivables Loan Securitisation (No. 5) Limited
PS 9 Limited
Stars 3 PLC
Stars 4 PLC
Stars 5 PLC
Stars 6 PLC
St. Johns Priory Parks Limited
4
Article 4 of the Income Tax (Interest Relief) (Qualifying Lenders) Order 1985 shall be amended by omitting the words —
Crown Home Finance Limited
.
5
Article 3 of the Income Tax (Interest Relief) (Qualifying Lenders) (No. 3) Order 1986 shall be amended by omitting the words —
Byggeriets Realkreditfond
.
6
Article 3 of the Income Tax (Interest Relief) (Qualifying Lenders) Order 1988 shall be amended by omitting the words —
NM Home Loans No. 2 Limited
.
Gregory Knight
Thomas Sackville
Two of the Lords Commissioners of Her Majesty’s Treasury
18th November 1991


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Parental Responsibility Agreement Regulations 1991 and shall come into force on 14th October 1991.
2
In these Regulations, “the Principal Registry” means the principal registry of the Family Division of the High Court.
Form of parental responsibility agreement
2
A parental responsibility agreement shall be made in the form set out in the Schedule to these Regulations.
Recording of parental responsibility agreement
3
1
A parental responsibility agreement shall be recorded by the filing of the agreement, together with two copies, in the Principal Registry.
2
Upon the filing of documents under paragraph (1), an officer of the Principal Registry shall seal the copies and send one to the child’s mother and one to the child’s father.
3
The record of an agreement under paragraph (1) shall be made available, during office hours, for inspection by any person upon —
a
written request to an officer of the Principal Registry, and
b
payment of such fee as may be prescribed in an Order under section 41 of the Matrimonial and Family Proceedings Act 1984 (Fees in family proceedings).
Mackay of Clashfern, C.
27th June 1991


text:
1
This Order may be cited as the Pilotage Act 1987 (Abolition ofPilotage Commission: Appointed Day) Order 1991 and shall come into forceon 29th April 1991.
2
The day appointed for the Pilotage Commission ceasing to exist is30th April 1991.
Signed by authority of the Secretary of State for Transport
Roger Freeman
Minister of State,
Department of Transport
18th April 1991


text:
1
This Order may be cited as the Immigration (Carriers' Liability Prescribed Sum) Order 1991 and shall come into force on 1st August 1991.
2
In place of the sum of £1,000 specified as payable under section 1(1) of the Immigration (Carriers' Liability) Act 1987 (liability of carriers for passengers without proper documents) the sum of £2,000 is hereby prescribed.
Kenneth Baker
One of Her Majesty’s Principal Secretaries of State
Home Office
1st July 1991


text:
Citation, commencement and interpretation
1
–
1
These Regulations may be cited as the Social Security (Claims and Payments) Amendment Regulations 1991 and shall come into force–
a
for the purposes of regulations 1, 2(a), 4(c) and (d), 6(a), 7(1), 8, 10(a), 12, 16,19 to 24, 25(a)(i) and (b) and 29 on 3rd February 1992;
b
for the purposes of regulations 2(b), 3, 4(a), (b) and (e), 5, 6(b), 7(2), 9, 10(b)and (c), 11, 15, 17, 25(c), 26 and 28 on 10th March 1992;
c
for all other purposes on 6th April 1992.
2
In these Regulations unless the context otherwise requires, any reference to a numbered Part, paragraph, regulation or Schedule is a reference to the Part, paragraph, regulation or Schedule bearing that number in the Social Security (Claims and Payments) Regulations 1987 .
Amendment of regulation 2
2
In regulation 2 (interpretation)–
a
in paragraph (1) in the definition of “long-term benefits” for the words “mobility allowance” there shall be substituted the words “disability living allowance”;
b
in paragraph (2)(b) for the words “and family credit” there shall be substituted the words “, family credit and disability working allowance”.
Amendment of regulation 4
3
In regulation 4 (making a claim for benefit) after paragraph (3) there shall be inserted the following paragraph–
3A
In the case of a married or unmarried couple where both partners satisfy the conditions set out in Section 20(6A) of the Social Security Act 1986 , a claim for disability working allowance shall be made by whichever partner they agree should so claim, or in default of agreement, by such one of them as the Secretary of State shall determine.
Amendment of regulation 6
4
In regulation 6 (date of claim)–
a
in paragraph (3) after the words “family credit” there shall be inserted the words “, disability working allowance”;
b
in paragraph (4) for the words “or family credit” there shall be substituted the words “, family credit or disability working allowance”;
c
in paragraph (5) –
a
after the words “attendance allowance” there shall be inserted the words “or disability living allowance or a request under paragraph (8)”; and
b
for the word “claim” in the second and third place where it occurs there shall be substituted the words “claim or request”;
d
after paragraph (7) there shall be added the following paragraphs–
8
Where–
a
a request is received in an appropriate office for a claim form for disability living allowance or attendance allowance; and
b
in response to the request a claim form for disability living allowance or attendance allowance is issued from an appropriate office; and
c
within the time specified the claim form properly completed is received in an appropriate office,
the date on which the claim is made shall be the date on which the request was received in the appropriate office.
9
In paragraph (8)–
“a claim form” means a form approved by the Secretary of State under regulation 4(1);
“properly completed” has the meaning assigned by regulation 4(8);
“the time specified” means 6 weeks from the date on which the request was received or such longer period as the Secretary of State may consider reasonable.
e
after paragraph (9) there shall be added the following paragraphs–
10
Where a person starts a job on a Monday or Tuesday in any week and he makes a claim for disability working allowance in that week the claim shall be treated as made on the Tuesday of that week.
11
Where a claim for disability working allowance in respect of a person has been refused and a further claim for the same allowance is made in respect of him within the period prescribed under section 100A(1) of the Social Security Act 1975 and that further claim has been treated as an application for review in accordance with section 100A(12) of that Act then the original claim shall be treated as made on the date on which the further claim is made or treated as made.
.
Amendment of regulation 7
5
In regulation 7(3) (evidence and information) after the words “family credit” there shall be inserted the words “or disability working allowance”.
Amendment of regulation 13
6
In regulation 13(3) (advance claims)–
a
for the words “mobility allowance” there shall be substituted the words “disability living allowance”; and
b
after the words “family credit” there shall be inserted the words “disability working allowance”.
Insertion of regulations 13A and 13B
7
–
1
After regulation 13 there shall be inserted the following regulation–
Advance award of disability living allowance
13A
1
Where, although a person does not satisfy the requirements for entitlement to disability living allowance on the date on which the claim is made, the adjudicating authority is of the opinion that unless there is a change of circumstances he will satisfy those requirements for a period beginning on a day (“the relevant day”) not more than 3 months after the date on which the claim is made, then that authority may award disability living allowance from the relevant day subject to the condition that the person satisfies the requirements for entitlement on the relevant day.
2
Where a person makes a claim for disability living allowance on or after3rd February 1992 and before 6th April 1992 the adjudicating authority may award benefit for a period beginning on any day after 5th April 1992 being a day not more than three months after the date on which the claim was made, subject to the condition that the person satisfies the requirements for entitlement when disability living allowance becomes payable under the award.
3
An award under paragraph (1) or (2) shall be reviewed by the adjudicating authority if the requirements for entitlement are found not to have been satisfied when disability living allowance becomes payable under the award.
2
After regulation 13A there shall be inserted the following regulation–
Advance claim for and award of disability working allowance
13B
1
Where a person makes a claim for disability working allowance on or after 10th March 1992 and before 7th April 1992 the adjudicating authority may–
a
treat the claim as if it were made for a period beginning on 7th April 1992; and
b
award benefit accordingly, subject to the condition that the person satisfies the requirements for entitlement on 7th April 1992.
2
An award under paragraph (1)(b) shall be reviewed by the adjudicating authority if the requirements for entitlement are found not to have been satisfied on7th April 1992.
Insertion of regulation 13C
8
After regulation 13B there shall be inserted the following regulation–
Further claim for and award of disability living allowance
13C
1
A person entitled to an award of disability living allowance may make a further claim for disability living allowance during the period of 6 months immediately before the existing award expires.
2
Where a person makes a claim in accordance with paragraph (1) the adjudicating authority may–
a
treat the claim as if made on the first day after the expiry of the existing award (“the renewal date”); and
b
award benefit accordingly, subject to the condition that the person satisfies the requirements for entitlement on the renewal date.
3
An award under paragraph (2)(b) shall be reviewed by the adjudicating authority if the requirements for entitlement are found not to have been satisfied on the renewal date.
.
Amendment of regulation 16
9
In regulation 16 (date of entitlement for payability of benefit rate)–
a
in paragraph (1A)–
i
after the reference to “paragraph 7(a)” there shall be inserted a reference to “or (aa)”; and
ii
after the words “family credit” in the second place where they occur there shall be inserted the words “or disability working allowance,”;
b
in paragraph (1B) after the words “family credit” there shall be inserted the words “or disability working allowance,”;
c
after paragraph (1B) there shall be inserted the following paragraph–
1C
Where a claim for disability working allowance is made in accordance with paragraph 11(a) or (b) of Schedule 4 for a period following the expiration of an existing award of disability working allowance or family credit, entitlement shall begin on the day after the expiration of that award.
; and
d
in paragraph (3)(b) after the words “family credit” there shall be inserted the words “or disability working allowance”.
Amendment of regulation 17
10
In regulation 17(1) (duration of awards)–
a
after the words “of section” there shall be inserted the words “37ZA(3) of the Social Security Act 1975 (disability living allowance) and section”;
b
after the reference to “section 20(6)” there shall be inserted a reference to “and (6F) ”; and
c
after the words “family credit” there shall be inserted the words “and disability working allowance”.
Amendment of regulation 19
11
In regulation 19 (time for claiming benefit)–
a
in paragraph (3)(b) after the words “family credit” there shall be inserted the words “or disability working allowance”; and
b
in paragraph (4) after the words “family credit” there shall be inserted the words “, disability working allowance”.
Amendment of regulation 22
12
In regulation 22(1) (long term benefits)–
a
for the reference to “regulation 21” there shall be substituted a reference to “regulations 21 and 25(1)”; and
b
for the words “mobility allowance” there shall be substituted the words “disability living allowance”.
Amendment of regulation 25
13
In regulation 25 (payment at a daily rate)–
a
in paragraph (1), after the words “attendance allowance” in both places where they occur there shall be inserted the words “or disability living allowance by virtue of entitlement to the care component”;
b
in paragraph (2)(a) for the words “hospital or other accommodation specified in regulation 3, 4 or 7(1) of the Social Security (Attendance Allowance) ( No. 2) Regulations 1975” there shall be substituted the words “a hospital specified in or other accommodation provided as specified in regulations made under section 37ZB(8) of the Social Security Act 1975 (“specified hospital or other accommodation”)”;
c
in paragraph (2)(b)(i) for the reference to “13th” there shall be substituted a reference to “4th”;
d
in paragraph (2)(b)(ii) for the reference to “14th” there shall be substituted a reference to “5th”;
e
in paragraph (2)(b)(iii) for the words “regulation 3, 4, 5, 7(1) or 7(2) next applies to his case” there shall be substituted the words “he next lives in specified hospital or other accommodation”; and
f
in paragraph (2)–
i
for the reference to “13 weeks” there shall be substituted a reference to “28 days”; and
ii
for the words “hospital or other accommodation to which regulation 3, 4, 5 or 7 applies” there shall be substituted the words “specified hospital or other accommodation”.
Substitution of regulation 27
14
For regulation 27 (payment of family credit) there shall be substituted the following regulation–
Family credit and disability working allowance
27
–
1
Subject to regulation 21, family credit and disability working allowance shall be payable in respect of any benefit week on the Tuesday next following the end of that week by means of a book of serial orders unless in any case the Secretary of State arranges otherwise.
2
Where the entitlement to family credit or disability working allowance is less than 50 pence a week that amount shall not be payable.
Amendment of regulation 30
15
In regulation 30(5) (payments on death) for the words “or family credit” there shall be substituted the words “, family credit or disability working allowance”.
Amendment of regulation 33
16
In regulation 33(3) (persons unable to act) for the words “(mobility allowance for children)” there shall be substituted the words “(disability living allowance for a child)”.
Amendment of regulation 36
17
In regulation 36 (payment to a partner as alternative payee) for the words “, or family credit” there shall be substituted the words “, family credit or disability working allowance”.
Omission of regulation 36A
18
Regulation 36A (attendance allowance for a terminally ill child) shall be omitted.
Omission of regulations 39, 40 and 41
19
In Part VI–
a
for the heading to that Part there shall be substituted the following heading–
MOBILITY COMPONENT OF DISABILITY LIVING ALLOWANCE AND DISABILITY LIVING ALLOWANCE FOR CHILDREN
; and
b
regulations 39 to 41 shall be omitted.
Amendment of regulation 42
20
In regulation 42 (allowance not payable)–
a
in paragraph (1) for the words “an allowance” there shall be substituted the words “disability living allowance by virtue of entitlement to the mobility component”; and
b
in paragraph (3)–
i
for the words “mobility allowance” there shall be substituted the words “disability living allowance”; and
ii
for the words “allowance specified in paragraph 3A of Part III of Schedule 4 to the Social Security Act 1975” there shall be substituted the words “mobility component of disability living allowance to which, apart from paragraph (1), he would be entitled”; and
c
in paragraph (4)(c) for the words “mobility allowance” there shall be substituted the words “disability living allowance by virtue of entitlement to the mobility component”.
Amendment of regulation 43
21
In regulation 43 (children)–
a
in paragraph (1)–
i
for the words “an allowance” in the first and second place where they occur there shall be substituted the words “disability living allowance”; and
ii
for the words “an allowance” in the third place where they occur there shall be substituted the words “that allowance”;
b
in paragraph (3)(a) for the reference to “8 weeks” there shall be substituted a reference to “12 weeks”;
c
in the proviso to paragraph (4) for the reference to “8 weeks” in both places where it occurs there shall be substituted a reference to “12 weeks”;
d
in paragraph (5) for the words “mobility allowance” there shall be substituted the words “disability living allowance”; and
e
in paragraph (6)–
i
for the words “mobility allowance” in both places where they occur there shall be substituted the words “disability living allowance”;
ii
after the words “district health authority” there shall be inserted the words “, National Health Service Trust”;
iii
after the words “that authority” in each place where they occur there shall be inserted the words “or Trust”; and
iv
after the words “the authority” there shall be inserted the words “or Trust”.
Amendment of regulation 44
22
The heading to regulation 44 (payment of mobility allowance on behalf of a beneficiary) shall be amended by substituting the words “disability living allowance” for the words “mobility allowance” and in regulation 44(1)–
a
for the words “mobility allowance is payable” there shall be substituted the words “disability living allowance is payable by virtue of entitlement to the mobility component at the higher rate ”; and
b
for the words “mobility allowance payable” there shall be substituted the words “disability living allowance by virtue of entitlement to the mobility component at the higher rate payable.”
Amendment of regulation 45
23
In regulation 45 (power for the Secretary of State to terminate an arrangement) for the words “mobility allowance” there shall be substituted the words “disability living allowance by virtue of entitlement to the mobility component at the higher rate”.
Amendment of regulation 46
24
In regulation 46 (restriction on duration of arrangements by the Secretary of State) for the words “mobility allowance” there shall be substituted the words “disability living allowance by virtue of entitlement to the mobility component at the higher rate”.
Amendment of Schedule 1
25
In Part I of Schedule 1 (benefit claimed and other benefit treated as claimed)–
a
in column (2)–
i
after the words “Attendance allowance” in the first place where they occur there shall be inserted the words “or disability living allowance”, and
ii
the words “attendance allowance” in the second place where they occur shall be omitted; and
b
after the entry relating to widow’s benefit in column (1) and the entry relating to a retirement pension of any category or graduated retirement benefit in column (2), there shall be added the following entries–
Disability living allowance Attendance allowance or an increase of disablement pension where constant attendance is needed. Attendance allowance or an increase of disablement pension where constant attendance is needed Disability living allowance.
;
c
after the entries referred to in sub-paragraph (b) of this regulation there shall be added the following entries–
Disability working allowance Family credit. Family credit Disability working allowance.
Amendment of Schedule 4
26
In Schedule 4 (prescribed times for claiming benefit)–
a
in paragraph 7 (family credit) in column 2–
i
after paragraph (a) there shall be inserted the following paragraph–
aa
Where disability working allowance has previously been claimed and awarded the period beginning 42 days before and ending 14 days after the last day of that award of disability working allowance;
and
ii
in paragraph (b) for the reference to “(a)” there shall be substituted a reference to “(a) and (aa)”;
b
after paragraph 10 there shall be added the following entry–
11
Disability working allowance.
a
Where disability working allowance has previously been claimed and awarded the period beginning 42 days before and ending 14 days after the last day of that award;
b
where family credit has previously been claimed and awarded the period beginning 28 days before and ending 14 days after the last day of that award of family credit;
d
where a claim for disability working allowance is made by virtue of regulation 13B(1), the period beginning on 10th March 1992 and ending on 6th April 1992.
.
Amendment of Schedule 6
27
In Schedule 6 (days for payment of long term benefits)–
a
for paragraph 1 there shall be substituted the following paragraph–
Attendance allowance and disability living allowance
1
Subject to the provisions of regulation 25 (payment of attendance allowance, constant attendance allowance and the care component of a disability living allowance at a daily rate) attendance allowance shall be payable on Mondays and disability living allowance shall be payable on Wednesdays, except that the Secretary of State may in any particular case arrange for either allowance to be payable on any other day of the week and where it is in payment to any person and the day on which it is payable is changed, it shall be paid at a daily rate of 1/7th of the weekly rate in respect of any of the days for which payment would have been made but for that change.
;
b
paragraph 7 shall be omitted.
Amendment of Schedule 8
28
In paragraph 2(b) of Schedule 8 (election to have child benefit paid weekly) for the words “or family credit” there shall be substituted the words “, family credit or disability working allowance”.
Outstanding claims and questions relating to mobility allowance
29
Notwithstanding the revocation of regulations 39, 40 and 41 (mobility allowance) and the amendment of regulations 2(1), 13(3), 22(1), 33(3), 42, 43, 44, 45 and 46, those provisions shall continue to have effect until 6th April 1992 for the purpose of determining any claim or question relating to mobility allowance as though these Regulations had not come into force.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
5th December 1991


text:
Citation and commencement
1
1
This Order may be cited as the Dorset and Somerset (County Boundaries) Order 1991.
2
This Order shall come into force on 18th March 1991 for any purpose set out in regulation 4(1) (coming into operation of order) of the Local Government Area Changes Regulations 1976 .
3
For all other purposes this Order shall come into force on 1st April 1991.
Interpretation
2
In this Order “boundary map” means the map prepared by the Department of the Environment marked “Map of the Dorset and Somerset (County Boundaries) Order 1991”, duly numbered for reference, and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976.
Transfers from Dorset to Somerset
3
1
The part of the county of Dorset, the district of West Dorset and the parish of Bradford Abbas marked A1 on the boundary map shall be transferred to —
a
the county of Somerset and the Coker electoral division of that county;
b
the district of South Somerset and the Coker ward of that district;
c
the parish of Barwick;
d
the Yeovil petty sessional division;
e
the Eastern Somerset Coroner’s district.
2
The part of the county of Dorset, the district of West Dorset and the Parish of Clifton Maybank marked A2 on the boundary map shall be transferred to —
a
the county of Somerset and the Coker electoral division of that county;
b
the district of South Somerset and the Coker ward of that district;
c
the parish of Barwick;
d
the Yeovil petty sessional division;
e
the Eastern Somerset Coroner’s district.
Town and country planning
4
Any provision of a development plan applying to an area transferred by this Order shall continue to apply thereto notwithstanding the transfer; and after such transfer, any such provision shall, so far as it so applies, be for all purposes deemed to be a provision of a corresponding plan of the authority which becomes the appropriate local planning authority for the transferred area as a result of the transfer.
Signed by authority of the Secretary of State for the Environment
Blatch
Parliamentary Under Secretary of State,
Department of the Environment
19th February 1991


text:
1
These Regulations may be cited as the Customs and Excise (Community Transit) (No.2) Regulations 1987 (Amendment) Regulations 1991 and shall come into force on 13th February 1991.
2
In the Schedule to the Customs and Excise (Community Transit) (No.2) Regulations 1987 –
a
the reference to article 22 of Council Regulation ( EEC ) No. 222/77 in column (2) shall be construed as a reference to that article as amended by article 1 of Council Regulation (EEC) No. 474/90 , and
b
for the words “Carrier to give each office of transit a transit advice note” in column (3) there shall be substituted the words “Carrier to give each specified office of transit a transit advice note”.
Alexander W. Russell
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
16th January 1991


text:
1
1
This Order may be cited as the Representation of the People(Variation of Limits of Candidates' Election Expenses) Order 1991 andshall come into force on the day after the day on which it is made.
2
Articles 6, 7 and 8 of this Order do not extend to Northern Ireland.
3
In this Order“the Act of 1983 ” means the Representation of the People Act 1983.
2
The maximum amount of a candidate’s election expenses at aparliamentary general election, being an election in a countyconstituency, shall be varied by substituting, for the words“ £3,648” and“4.1p” in section 76(2)(a)(i) of the Act of 1983 , the words“ £4,144” and“4.7p”, respectively.
3
The maximum amount of a candidate’s election expenses at aparliamentary general election, being an election in a boroughconstituency, shall be varied by substituting, for the words“ £3,648” and“3.1p” in section 76(2)(a)(ii) of the Act of 1983, the words“ £4,144” and“3.5p”, respectively.
4
The maximum amount of a candidate’s election expenses at aparliamentary by-election in a county constituency shall be varied bysubstituting, for the words“ £14,592” and“16.4p” in section 76(2)(aa)(i) of the Act of 1983 , the words“ £16,577” and“18.6p”, respectively.
5
The maximum amount of a candidate’s election expenses at aparliamentary by-election in a borough constituency shall be varied bysubstituting, for the words“ £14,592” and“12.4p” in section 76(2)(aa)(ii) of the Act of 1983, the words“ £16,577” and“14.1p”, respectively.
6
The maximum amount of a candidate’s election expenses at a localgovernment election to which section 76(2)(b)(ii) of the Act of 1983 applies shall be varied by substituting, for the words“ £162” and“3.2p” in that provision, the words“ £184” and“3.6p”, respectively.
7
The maximum amount of a candidate’s election expenses at a wardelection in the City of London shall be varied by substituting, for thewords“ £162” and“3.2p” in section 197(1) of the Act of 1983 , the words“ £184” and“3.6p”, respectively.
8
The maximum amount of a candidate’s election expenses at an electionby liverymen in common hall shall be varied by substituting, for thewords“17.1p” in section 197(2) of the Act of 1983 , the words“19.4p”.
9
The Representation of the People (Variation of Limits of Candidates'Election Expenses) Order 1987 and the Representation of the People (Variation ofLimits of Candidates' Election Expenses) Order 1989 are hereby revoked.
Kenneth Baker
One of Her Majesty’s Principal Secretaries of State
Home Office
8th April 1991


text:
Citation
1
This Order may be cited as the Environmental Protection Act 1990 (Commence ment No. 10) Order 1991.
Provisions coming into force on 13th December 1991
2
The following provisions of the Environmental Protection Act 1990 shall come into force on 13th December 1991–
section 33(3) and (4);
section 34(5), (7) to (9) and (11);
section 52(8) in so far as it relates to section 52(1) and (3);
section 78.
Provisions coming into force on 1st January 1992
3
The following provisions of the Environmental Protection Act 1990 shall come into force on 1st January 1992–
section 144 in so far as it relates to Part I of Schedule 13;
section 162(2) in so far as it relates to the repeals in Part VII of Schedule 16 relating to the Planning (Hazardous Substances) Act 1990 .
Provisions coming into force on 1st April 1992
4
The following provisions of the Environmental Protection Act 1990 shall come into force on 1st April 1992–
section 33(1)(c);
section 33(2) and (6) to (9) in so far as they relate to section 33(1)(c);
section 34 (in so far as not already in force);
section 69;
section 70;
section 162(1) in so far as it relates to paragraphs 10 and 31 of Schedule 15 (in so far as not already in force);
section 162(2) in so far as it relates to the following repeals in Schedule 16–
in Part II, the repeal of section 9(2) of the Control of Pollution (Amendment) Act 1989 ;
in Part VI, the repeals relating to the Nature Conservancy Council Act 1973 .
Michael Heseltine
One of Her Majesty’s Principal Secretaries of State
12th December 1991


text:
1
This Order may be cited as the Public Telecommunication System Designation (Sheffield Cable Media Limited) Order 1991 and shall come into force on 27th February 1991.
2
Each of the Applicable Cabled Systems is hereby designated as a public telecommunication system.
John Redwood
Minister of State,
Department of Trade and Industry
25th January 1991


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Overlapping Benefits) Amendment Regulations 1991.
2
Subject to paragraph (3), these Regulations shall come into force on 8th April 1991.
3
These Regulations shall come into force —
a
on the 9th April 1991, where in any particular case the weekly rate of widowed mother’s allowance is increased, or guardian’s allowance is payable (other than a case where the Secretary of State has arranged for the allowance to be payable on a Monday) in respect of one or more children;
b
on the 10th April 1991, where in any particular case an increase in the weekly rate of disablement benefit, or invalid care allowance where that benefit is payable on a Wednesday, is increased in respect of a child or children, or where an allowance is paid in respect of a child under section 70 of the Social Security Act 1975 (children of deceased’s family);
c
on the 11th April 1991 where in any particular case the weekly rate of sickness benefit, unemployment benefit, invalidity benefit, severe disablement allowance or retirement pension of any category (where that pension is payable on a Thursday), is increased in respect of a child or children;
d
where in any particular case the weekly rate of retirement pension is increased in respect of a child or children and that pension is payable, in accordance with regulation 22(3) of, and paragraph 5 of Schedule 6 to, the Social Security (Claims and Payments) Regulations 1987 on a day other than Monday or Thursday, on the day in the week commencing 8th April 1991 which corresponds with the day of the week in respect of which retirement pension is payable in that case.
4
In these Regulations —
“the Overlapping Benefits Regulations ” means the Social Security (Overlapping Benefits) Regulations 1979 .
Amendment to regulation 8
2
For regulation 8 of the Overlapping Benefits Regulations (child benefit) there shall be substituted the following regulation —
8
1
Subject to the following provisions of this regulation, where any benefit, or increase of a benefit, under the Act is payable to a beneficiary, the weekly rate of that benefit or increase shall not be adjusted by reference to child benefit.
2
Where an increase of child benefit is payable to a beneficiary under regulation 2(2) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976 (increase for single parent) and for the same period, in respect of the same child, any benefit or increase of benefit under the Act is or would be payable to a beneficiary, the weekly rate of that benefit or increase thereof shall be reduced by the amount of the said increase of child benefit.
3
Subject to paragraph (4) of this regulation, where a child is the only child, or if not the only child, the elder or eldest child, and child benefit is payable in respect of that child and for the same period any benefit or increase of benefit under the Act is payable in respect of that child, the weekly rate of that benefit or increase of benefit shall be reduced by the amount by which the child benefit payable exceeds the amount of child benefit which would have been payable had that child not been the only, the elder or eldest child.
4
No adjustment of benefit under paragraph (3) of this regulation shall be made in respect of an increase of child benefit payable to a person under regulation 2(2) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976.
Signed by authority of the Secretary of State for Social Security
Nicholas Scott
Minister of State,
Department of Social Security
7th March 1991


text:
Citation and commencement
1
These Regulations may be cited as the Education (Fees and Awards) (Amendment) (No. 2) Regulations 1991 and shall come into force on 1st September 1991.
Amendment
2
The Education (Fees and Awards) Regulations 1983 shall be amended as follows —
1
For regulation 4 of Part II (Fees for Tuition etc. ), there shall be substituted the following —
4
1
This Part shall have effect as respects the charging of relevant fees in respect of students attending a full-time or sandwich course provided by a university, an institution within the PCFC funding sector or a maintained institution, and any reference in this Part to a student shall be construed accordingly.
2
In this Regulation —
“full-time course” means a course normally involving not less than 15 hours attendance a week in term-time for the organised day-time study of a single subject or related subjects;
“institution within the PCFC funding sector” means any institution which falls to be treated as within that sector for the purposes of the Education Reform Act 1988 by virtue of section 132 of that Act (which establishes the Polytechnics and Colleges Funding Council);
“maintained institution” means such an institution as is mentioned in Schedule 1;
“sandwich course” means a course consisting of alternate periods of full-time study in an establishment and periods of experience so organised that, taking the course as a whole, the student attends the periods of full-time study for an average of not less than 19 weeks in each year (the course being treated for the purpose of calculating attendance as beginning with the first period of full-time study and ending with the last such period) and, for the purposes hereof “periods of experience” means periods of industrial, professional or commercial experience associated with full-time study at the establishment but at a place outside the establishment except that, in the case of a student studying modern languages whose course includes periods of residence in a country whose language is the main language of that course, it means such periods of residence for which he is in gainful employment;
“university” includes a university college and a college, school, hall or other institution of a university
.
2
In paragraph (2) of regulation 11 of Part IV (Awards by Research Councils and certain other Institutions) —
a
in sub-paragraph (a) “Economic and Social Research Council” shall be substituted for “Social Science Research Council”;
b
the following shall be substituted for sub-paragraph (c) —
c
the British Academy,
the Fellowship of Engineering, and
the Royal Society;
.
3
In Part V, the words “United Kingdom” shall be substituted for “England and Wales” in each place where they occur.
4
For Schedule 1 there shall be substituted the following —


text:
Title and commencement
1
These Regulations may be cited as the Set-Aside (Amendment) Regulations 1991 and shall come into force on 1st October 1991.
Amendment of the Set-Aside Regulations 1988
2
The Set-Aside Regulations 1988 shall be further amended in accordance with regulation 3 below.
3
In regulation 2(1) thereof (interpretation):
a
for the definition of “designated maps” there shall be substituted the following definition:
“designated maps” means–
in relation to England, the 3 volumes of maps numbered 1 to 3, each such volume being marked “volume of maps of less-favoured farming areas in England” and with the number of the volume, dated 20th May 1991, signed and sealed by the Minister of Agriculture, Fisheries and Food and deposited at the offices of the Ministry of Agriculture, Fisheries and Food at Nobel House, 17 Smith Square, London SW1P 3JR;
in relation to Wales, the 2 volumes of maps numbered 1 and 2, both volumes being marked “volume of maps of less-favoured farming areas in Wales” and with the number of the volume, dated 20th May 1991, signed by the Secretary of State for Wales and deposited at the offices of the Welsh Office Agriculture Department at Trawsgoed, Aberystwyth, Dyfed SY23 4HT;
in relation to Scotland, the 4 maps numbered 1 to 4, each such map being marked “map of less-favoured farming areas in Scotland” and with the number of the map, dated 15th May 1991, signed by the Secretary of State for Scotland and deposited at the offices of the Scottish Office Agriculture and Fisheries Department at Pentland House, 47 Robb’s Loan, Edinburgh EH14 1TW;
; and
b
for sub-paragraph (a) of the definition of “less-favoured area” there shall be substituted the following sub-paragraph:
a
which is situated in an area included in the list of less-favoured farming areas adopted by the Council or the Commission of the European Communities under Article 2(2) of Council Directive 75/268/ EEC on mountain and hill farming and farming in certain less-favoured areas, as amended by Council Directive 80/666/EEC , which list is contained in Council Directive 84/169/EEC , as amended by Commission Decision 91/25/EEC , and
.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 2nd September 1991.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
James Douglas-Hamilton
Parliamentary Under Secretary of State, Scottish Office
28th August 1991