text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (General Medical and Pharmaceutical Services) (Miscellaneous Amendments) Regulations 1991 and shall come into force on 1st April 1991.
2
In these Regulations, “the principal Regulations ” means the National Health Service (General Medical and Pharmaceutical Services) Regulations 1974 .
Amendment of regulation 2 of the principal Regulations
2
In regulation 2 of the principal Regulations (interpretation), after paragraph (8) there shall be added the following paragraph: —
9
Where, by virtue of directions given under section 13 of the National Health Service Act 1977, or by virtue of any arrangements made pursuant to regulations made under that Act, a function of the Secretary of State is exercisable by some other person or body , a reference in these Regulations to the Secretary of State in relation to that function includes a reference to the person or body exercising that function on behalf of the Secretary of State.
.
Amendment of regulation 26 of the principal Regulations
3
In regulation 26 of the principal Regulations (pharmaceutical list), in paragraph (6), for the words “make a decision under paragraph (3), (4) or (4A) above” there shall be substituted the words “include the appellant in the relevant pharmaceutical list”.
Amendment of regulation 26C of the principal Regulations
4
In regulation 26C of the principal Regulations (effect of preliminary consent), in paragraph (2) —
a
at the end of sub-paragraph (a) the word “and” shall be omitted;
b
sub-paragraph (b) shall be omitted.
Amendment of regulation 29 of the principal Regulations
5
In regulation 29 of the principal Regulations (schemes for securing proper pharmaceutical services), in paragraph (4A) —
a
for the words “or person may appeal to the Committee”, there shall be substituted the words “or person may appeal to the Secretary of State”;
b
for sub-paragraph (a), there shall be substituted the following sub-paragraph: —
a
shall be sent to the Secretary of State within one month from the date on which the Family Health Services Authority’s decision was sent to the Local Committee or to that person;
;
c
in sub-paragraph (b), for the words “paragraph 4(3) to (6) and paragraphs 13 and 14”, there shall be substituted the words “paragraph 4(3) to (12)”.
Amendment of regulation 30D of the principal Regulations
6
In regulation 30D of the principal Regulations (determination of controlled locality) —
a
after paragraph (4), there shall be inserted the following new paragraph: —
4A
Where the Family Health Services Authority —
a
determines that any area or part of an area is or is not rural in character; and
b
considers that the provision of general medical services by any doctor, or pharmaceutical services by any pharmacist, is likely to be adversely affected in consequence of that determination;
it shall require such measures as in the opinion of the Family Health Services Authority are likely to reduce, so far as practicable, over such period as it thinks fit, such adverse effects.
;
b
after paragraph (10), there shall be added the following new paragraph: —
11
For the purposes of this regulation, “measures” means the postponement of the making of arrangements under regulation 30 for the provision by a doctor of pharmaceutical services for patients of his, or the postponement of the termination of such arrangements.
.
Substitution of regulations 3OF and 3OG of the principal Regulations
7
For regulations 3OF and 3OG of the principal Regulations (appeals or applications to the Rural Dispensing Committee relating to rurality of an area, and appeals to the Secretary of State), there shall be substituted the following regulations: —
Appeals relating to rurality of an area
3OF
1
Where a Family Health Services Authority —
a
has determined pursuant to regulation 30D that an area is, or is not, rural in character;
b
has refused to consider that question on the ground that it is not satisfied as mentioned in paragraph (10) of that regulation; or
c
has determined that measures are, or are not, required as mentioned in paragraph (4A) of that regulation,
the Local Medical Committee or the Local Pharmaceutical Committee may appeal to the Secretary of State against any such determination or, as the case may be, refusal by giving notice of appeal in accordance with paragraph (2).
2
Any notice of appeal under paragraph (1) shall be sent to the Secretary of State, within one month from the date on which the decision of the Family Health Services Authority was sent to the Local Medical Committee or the Local Pharmaceutical Committee making the appeal and shall contain a concise statement of the facts and contentions on which the appellant intends to rely.
3
The Secretary of State shall, on receipt of any notice of appeal under this regulation, send copies thereof to the Family Health Services Authority and all the persons to whom the Family Health Services Authority has given notice of its determination under regulation 3OD(8).
4
The Family Health Services Authority, the Local Medical Committee and the Local Pharmaceutical Committee may, within one month from the date on which the Secretary of State sent copies to them of the notice of appeal under this regulation, submit representations in writing to him on the appeal.
5
The Secretary of State may determine an appeal under this regulation in such manner as he thinks fit, and his decision in respect of that appeal shall be final.
6
On determining an appeal under this regulation, the Secretary of State —
a
shall, where he allows an appeal against a refusal mentioned in paragraph (1)(b), also determine the question whether or not the relevant area is rural in character;
b
may, in a case where the Family Health Services Authority on determining the application considered the question of the measures to be carried out pursuant to regulation 3OD(4A), himself require such measures to be carried out by the Family Health Services Authority as will, in his opinion, be likely to reduce, so far as practicable, any adverse consequences to any pharmacist or doctor over such period as he thinks fit;
c
shall, in a case where that question was not considered by the Family Health Services Authority when it determined the application, remit that question to the Family Health Services Authority for determination.
7
The Secretary of State shall, upon the determination by him of an appeal under this regulation, give his decision in writing and shall send a copy of the decision and the statement of his reasons for it to all the persons to whom the notice of appeal was sent under paragraph (3).
8
For the purposes of this regulation, “measures” means the postponement of the making of arrangements under regulation 30 for the provision by a doctor of pharmaceutical services for patients of his, or the postponement of the termination of such arrangements.
Appeals in connection with applications determined under regulation 30E
3OG
1
Where —
a
an application has been determined by the Family Health Services Authority under regulation 3OE; or
b
the Family Health Services Authority has refused to consider an application under regulation 30E on the ground that it is not satisfied as mentioned in paragraph (1 1) of that regulation,
an appeal to the Secretary of State may be made in accordance with paragraph (4) against that determination or, as the case may be, against that refusal, by any person specified in paragraph (2).
2
The persons who may make an appeal under this regulation are —
a
in the case of an appeal against a determination under regulation 3OE, the applicant or any person whose name is included in the medical list or a pharmaceutical list of —
i
the Family Health Services Authority, or
ii
any other Family Health Services Authority to which the application was sent under regulation 3OE(1)(c),
and who submitted evidence pursuant to paragraph I of Schedule 4B in connection with the application.
b
in the case of an appeal against a refusal mentioned in paragraph (1)(b), the applicant.
3
Where, in determining any application, the Family Health Services Authority has, pursuant to regulation 3OE(5), considered that application together with one or more other applications, any of the applicants may appeal against the determination of any of the applications, and where the Secretary of State receives appeals against two or more of the determinations, those appeals shall be considered together.
4
An appeal shall be made in writing within one month from the date on which notice of the decision was sent to the appellant or within such further time as the Secretary of State may, for reasonable cause, allow and shall contain a concise statement of the facts and the contentions upon which the appellant relies.
5
If, after considering the particulars of the statement furnished by the appellant, the Secretary of State is of the opinion that they do not disclose any reasonable grounds of appeal or that the appeal is otherwise vexatious or frivolous, he may determine the appeal forthwith by dismissing it.
6
Subject to paragraph (5), where an appeal is received, the Secretary of State shall send a copy of the notice of appeal to the Family Health Services Authority whose determination is appealed against and to those persons mentioned in paragraph (2)(a).
7
Any person to whom a copy of the notice of appeal is sent pursuant to paragraph (6) may, within one month from the date the notice was sent to him, make representations in writing on the appeal to the Secretary of State.
8
The Secretary of State may require an oral hearing of an appeal before he determines it.
9
Where the appeal is against the determination of a Family Health Services Authority whose locality is situated in Wales, the Secretary of State shall, where he requires an oral hearing, appoint one or more persons to hear the appeal who shall report to him thereon stating the relevant findings of fact and conclusions.
10
The procedure at any oral hearing shall be determined by the Secretary of State, except that where paragraph (9) applies it shall be determined by the person or persons hearing the appeal.
11
An oral hearing shall take place at such time and place as the Secretary of State may direct, and notice of the hearing shall be sent, not less than ten days before the date fixed for the hearing, to the appellant, the Family Health Services Authority, the Local Medical Committee, the Local Pharmaceutical Committee and any other person or body who gave evidence to the Family Health Services Authority in connection with the application.
12
The appellant and any of the persons to whom notice of the hearing is required to be sent may attend and be heard in person or by Counsel, solicitor or other representative and the Family Health Services Authority may be represented at the hearing by any duly authorised officer or member, or by Counsel or solicitor.
13
On an appeal under this regulation, the Secretary of State —
a
may grant the application;
b
may grant the application subject to such conditions as he may see fit to impose;
c
shall, where he allows an appeal against a refusal of the Family Health Services Authority as mentioned in paragraph (1)(b), remit the application to the Family Health Services Authority and direct that regulation 3OE(10) shall not apply; or
d
may dismiss the application.
14
The decision of the Secretary of State shall be given in writing and shall —
a
include a statement of the reasons for the decision and findings of fact material thereto, and
b
as soon as practicable, be sent to the persons and bodies mentioned in paragraph (11).
15
For the purposes of this regulation, “conditions” means the postponement of the making of arrangements under regulation 30 for the provision by a doctor of pharmaceutical services for patients of his, or the postponement of the termination of such arrangements.
.
Insertion of regulation 33C in the principal Regulations
8
After regulation 33B of the principal Regulations, there shall be inserted the following new regulation: —
Determination of question whether a substance is a drug, and recovery of cost
33C
1
Any question whether a substance supplied by a doctor, or by a chemist on the order of a doctor, was a drug forming part of pharmaceutical services provided under the Act shall be determined under the provisions of this regulation.
2
Where it appears to the Family Health Services Authority that a question arises under sub-paragraph (1), the Family Health Services Authority shall, in writing —
a
notify the doctor who ordered the substance of the nature of the question arising; and
b
invite him to state in writing, within one month from the date on which the notice was sent to him, whether he wishes the question to be referred to the Local Medical Committee (in this regulation referred to as “the Local Committee”) for its opinion.
3
The Family Health Services Authority —
a
shall, where the doctor states that he wishes the question to be referred to the Local Committee for its opinion, refer the question accordingly;
b
in any other case, may refer the question to the Local Committee for its opinion; and
c
may, in any event, seek such medical or pharmaceutical opinion as it thinks fit otherwise than from the Local Committee.
4
Where the question is referred to the Local Committee under the provisions of paragraph (3), the Local Committee shall —
a
furnish the doctor concerned with a statement indicating the nature of the question referred to it by the Family Health Services Authority; and
b
give the doctor concerned a reasonable opportunity to —
i
submit to it any statement in writing; and
ii
appear before it and be heard by it,
in connection with the question so referred.
5
The Local Committee shall —
a
in forming its opinion under this regulation, have regard to any information or evidence provided by the Family Health Services Authority in connection with the question referred to it; and
b
inform the doctor and the Family Health Services Authority, in writing, of its opinion, its findings of fact and its reasons for its opinion.
6
The Family Health Services Authority shall —
a
send notice of the question, in writing, to the doctor who ordered the substance, to the person to whom the order was given and to any other person who, in the opinion of the Family Health Services Authority, has an interest in the determination of the question; and
b
invite any such person to submit to the Family Health Services Authority his comments in writing on that question within one month or within such further period as the Family Health Services Authority may for reasonable cause allow.
7
The Family Health Services Authority shall, in determining the question, have regard to any opinion obtained by it under any of the provisions of paragraphs (3) to (5), and shall —
a
send notice of its decision in writing to —
i
the doctor concerned,
ii
the Local Committee, and paragraph (6); and
iii
any person who submitted comments under paragraph (6) and
b
where it determines that the substance in question is not a drug forming part of pharmaceutical services, inform the doctor of his right of appeal to the Secretary of State.
8
Where the Family Health Services Authority has determined that the substance in question is not a drug forming part of pharmaceutical services, the doctor may appeal to the Secretary of State by giving notice of appeal, within one month from the date on which the notice of the decision was sent to him or within such longer period as the Secretary of State may, for reasonable cause, allow.
9
Any appeal made under this regulation shall be made in writing and shall contain a concise statement of the facts and contentions upon which the appellant intends to rely.
10
The Secretary of State shall send a copy of the notice of appeal to the Family Health Services Authority whose determination is appealed against and to any person who submitted comments to the Family Health Services Authority under paragraph (6).
11
Any person to whom a copy of the notice of appeal is sent pursuant to paragraph (10) may, within one month from the date on which the notice was sent to him, make representations in writing to the Secretary of State on the appeal.
12
The Secretary of State shall require an oral hearing of the appeal before he determines it.
13
An oral hearing shall take place at such time and place as the Secretary of State may direct, and notice of the hearing shall be sent, not less than 14 days before the date fixed for the hearing, to the persons mentioned in paragraph (10).
14
The appellant and any person mentioned in paragraph (10) may attend and be heard in person or by Counsel, solicitor or other representative and the Family Health Services Authority may be represented at the hearing by any duly authorised officer or member, or by Counsel or solicitor.
15
The Secretary of State shall determine the procedure at the oral hearing as he sees fit.
16
The Secretary of State shall, as soon as practicable, send to the appellant and to any person mentioned in paragraph (10) of this regulation notice in writing of his decision on the appeal and shall include in the notice a statement of his reasons for the decision and of his findings of fact.
17
Where a Family Health Services Authority or, on appeal, the Secretary of State has determined under these Regulations that any substance supplied to a person was not a drug forming part of pharmaceutical services provided under the National Health Service Act 1977 , the Family Health Services Authority shall recover from the doctor who ordered the substance, by deduction from his remuneration or otherwise, an amount calculated in accordance with paragraph (19) of this regulation.
18
Any amount determined as being recoverable under this regulation shall be a debt owing by the doctor to the Family Health Services Authority by which it is recoverable.
19
For the purposes of paragraph (17), the amount to be recovered in respect of the supply of any substance shall be the cost of that substance to the Family Health Services Authority including the dispensing fee payable in respect of the supply of the preparation, and where the substance was an ingredient in a preparation of which other ingredients were drugs, the amount to be recovered shall be the cost of that substance to the Family Health Services Authority together with one-half of the amount of the dispensing fee payable in respect of the supply of the preparation.
.
Amendment of Schedule 3A to the principal Regulations
9
In Schedule 3A to the principal Regulations (drugs and other substances not to be prescribed for supply under pharmaceutical services) —
a
the following entries shall be omitted: —
Adexolin Vitamin Drops
Normacol Antispasmodic
;
b
the following entries shall be inserted at the appropriate places in the alphabetical order: —
Acarosan Foam
Acarosan Moist Powder
Acnaveen Bar
Altelave Liquid
Aveeno Baby
Aveenobar
Beecham CoughCaps
Biocare GLA Complex Tablets
Biocare Efaplex Linseed/GLA Blend Capsules
Buttercup Syrup Honey and Lemon
Colgate Dental Cream with MFP Fluoride
Cupanol Over Six Paracetamol Suspension
Disprin Solmin Tablets
Efamolia Night Cream
Emulave
EPOC Capsules
Flurex Bedtime Cold Remedy
Flurex Capsules
Flurex Decongestant Inhalant Capsules
Flurex Hot Lemon Concentrate
Flurex Tablets
Gale’s Honey
Galloway’s Bronchial Cough Care
GF Brand English Style Mustard
Kenco Instant Decaffeinated Coffee
Lamberts Evening Primrose 011 250mg Capsules
Lamberts Evening Primrose 011 500mg Capsules
Lamberts Evening Primrose Oil 1000mg Capsules
Lyons Ground Coffee Beans
Macleans Toothpaste
Micaveen
Mitchell’s Wool Fat Soap
Nescafe Instant Coffee
Nestlé Nativa HA
Oilatum Soap
Power GLA 65 (Borage Oil) Capsules
Progress Powder
Rite-Diet Diabetic Cherry Cake
Robitussin Expectorant
Robitussin Expectorant Plus
Schar Gluten Free Sponge Cakes
SR Toothpaste (Gibbs)
Unichem Cold Relief Capsules
.
Amendment of Schedule 4B to the principal Regulations
10
In Schedule 4B to the principal Regulations (procedure for determination of application under regulation 3OE), after paragraph 3 there shall be inserted the following paragraph: —
3A
The applicant and any person mentioned in paragraph 1 or 2 shall be entitled to be represented at any oral hearing in the presentation of his case by some other person who is not a barrister, solicitor or any member of the Family Health Services Authority or any of its committees or sub-committees.
.
Amendment to Schedule 4C to the principal Regulations
11
In Schedule 4C to the principal Regulations (provisions further to regulation 26) —
a
in Part I (procedure on, and determination of, applications to which regulation 26(3) or (4) applies), for paragraph 4 (appeals) there shall be substituted the following paragraph: —
4
1
In a case to which regulation 26(3) applied —
a
the applicant or any person, except the Community Health Council, mentioned in paragraph I of this Schedule may, if he is aggrieved by the decision, appeal to the Secretary of State; and
b
any such appeal shall be sent to the Secretary of State within one month from the date on which the Family Health Services Authority sent its decision to the appellant or within such further time as the Secretary of State may, for reasonable cause, allow.
2
In a case to which regulation 26(4) applied —
a
the applicant or any person, except the Community Health Council who submitted representations to the Family Health Services Authority in accordance with paragraph 1 of this Schedule may, if he is aggrieved by the decision, appeal to the Secretary of State; and
b
any such appeal shall be sent to the Secretary of State within one month from the date on which the Family Health Services Authority sent its decision to the appellant or within such further time as the Secretary of State may, for reasonable cause, allow.
3
Any appeal made under this paragraph shall contain a concise statement of the facts and contentions upon which the appellant intends to rely.
4
If the Secretary of State, after considering the notice of appeal, is of the opinion that it discloses no reasonable grounds of appeal or that the appeal is otherwise vexatious or frivolous, he may determine the appeal by dismissing it.
5
The Secretary of State shall send a copy of the notice of appeal to the Family Health Services Authority whose determination is appealed against and to any person who submitted representations to the Family Health Services Authority under paragraph I of this Schedule.
6
Any person to whom a copy of the notice of appeal is sent pursuant to sub-paragraph (5) of this paragraph may, within one month from the date on which the notice was sent to him, make representations in writing to the Secretary of State on the appeal.
7
The Secretary of State may require an oral hearing before he determines the appeal.
8
Where the appeal is against the determination of a Family Health Services Authority whose locality is situated in Wales, the Secretary of State shall, where he requires an oral hearing, appoint one or more persons to hear the appeal who shall report thereon to him stating the relevant findings of fact.
9
The procedure at any oral hearing shall be determined by the Secretary of State, except that where sub-paragraph (8) of this paragraph applies it shall be determined by the person or persons hearing the appeal.
10
An oral hearing shall take place at such time and place as the Secretary of State may direct, and notice of the hearing shall be sent, not less than ten days before the date fixed for the hearing, to the persons mentioned in sub-paragraph (5) of this paragraph.
11
The appellant and any person mentioned in sub-paragraph (5) of this paragraph may attend the hearing and be heard in person or by Counsel, solicitor or other representative, and the Family Health Services Authority may be represented at the hearing by any duly authorised officer or member, or by Counsel or solicitor.
12
The Secretary of State shall, as soon as practicable, send to the appellant and to any person mentioned in sub-paragraph (5) of this paragraph notice in writing of his decision on the appeal and shall include in the notice a statement of his reasons for the decision and of his findings of fact.
;
b
Part IV (appeals) shall be omitted.
Amendment of the National Health Service (Service Committees and Tribunal) Regulations 1974
12
In the National Health Service (Service Committees and Tribunal) Regulations 1974 —
a
regulation 20 (determination of question whether a substance was a drug, and recovery of cost) shall be omitted;
b
in regulation 53 (power of Secretary of State to extend time for appeals), the figure “20,” shall be omitted.
Transitional arrangements
13
1
Where, prior to 1st April 1991 —
a
any appeal has been made or question referred to —
i
the Rural Dispensing Committee for determination under regulation 3OF of the principal Regulations as then in force,
ii
an Appeal Panel for determination under Part IV of Schedule 4C to the principal Regulations as then in force,
iii
the Secretary of State for determination under any provision of the principal Regulations as then in force, or
iv
a Local Medical Committee or the Secretary of State for determination under regulation 20 of the National Health Service (Service Committees and Tribunal) Regulations 1974 as then in force; and
b
that appeal or question has not been determined by the Rural Dispensing Committee, the Appeal Panel, the Local Medical Committee or the Secretary of State, as the case may be,
the principal Regulations shall, in relation to the determination of that appeal or question, have effect as if these Regulations had not come into force.
2
Where, by virtue of paragraph (1)(a)(iv) of this regulation, any Local Medical Committee determines, on or after I st April 1991, a question which was referred to it before that date, that determination shall be treated for the purposes of regulation 33C(8) of the principal Regulations as if it were a determination of the Family Health Services Authority under paragraph (7) of that regulation.
William Waldegrave
One of Her Majesty’s Principal Secretaries of State
8th March 1991


type: legislation

jurisdiction: UK

text:
Title, commencement and interpretation
1
–
1
This Order may be cited as the Medicines (Veterinary Drugs) (Prescription Only) (Amendment) Order 1991 and shall come into force on 6th December 1991.
2
In this Order, “the principal Order ” means the Medicines (Veterinary Drugs) (Prescription Only) Order 1991 .
Amendment of the principal Order
2
–
1
The principal Order shall be amended in accordance with the provisions of this article.
2
For article 6(1) (exemptions for certain persons) there shall be substituted the following paragraph–
6
–
1
The restrictions imposed by section 58(2)(a) (restrictions on sale and supply) shall not apply–
a
to the sale or supply by a person listed in column 1 of Part I of Schedule 3, or
b
to the supply by a person listed in column 1 of Part II of Schedule 3,
of the prescription only medicines listed in column 2 of Part I or Part II, as the case may be, of Schedule 3 in relation to that person if and so long as the conditions specified in the corresponding paragraphs in column 3 of Part I or Part II, as the case may be, of Schedule 3 are fulfilled.
3
In article 10 (transitional provision) for the words “article 3(1)(e)”, in both places, there shall be substituted “article 3(1)(d)”.
4
In Schedule 1–
a
after the entry “Edrophonium Chloride” there shall be inserted the following entry–
Column 1 Column 2 Column 3
Efrotomycin Incorporation in feed as a growth promoter for –
Piglets up to 4 months of age at levels from 4-8 ppm
Pigs between 4 and 6 months of age at levels from 4-6 ppm
b
after the entry “Sulphapyridine Sodium” there shall be inserted, in column 1, the following two entries–
Sulphaquinoxaline
Sulphaquinoxaline Sodium
.
Virginia Bottomley
Minister of State for Health
7th November 1991
Strathclyde
Parliamentary Under Secretary of State, Scottish Office
6th November 1991
David Hunt
Secretary of State for Wales
12th November 1991
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 11th November 1991.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland this 11th day of November 1991.
F. A. Elliott
Permanent Secretary
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland this 11th day of November 1991.
W. J. Hodges
Permanent Secretary


text:
1
This Order may be cited as the Education (Variation of Standard Numbers for Primary Schools) Order 1991 and shall come into force on 1st May 1991.
2
This Order applies to all county and voluntary primary schools in England and Wales which have not more than two relevant age groups.
3
Any standard number that would otherwise apply in relation to such a school by virtue of subsections (1) to (3) of section 27 of the Education Reform Act 1988 is varied so as to conform with the provisions of article 4 or article 5 of this Order, as the case may require.
4
If there is no more than one relevant age group in relation to the school, the standard number applying to the school for that age group shall be determined by —
a
the number of registered pupils, other than those receiving nursery education, at the school on I st May 1991 divided by the number of age groups in the school, disregarding any such age groups receiving such education, and rounded down to the nearest whole number; or
b
the number (rounded down to the nearest whole number) produced by the application of the formula, set out in paragraph I of the Schedule to this Order, to the school on I st May 1991; or
c
the number of pupils, published under section 8 of the Education Act 1980 , intended for admission to the school in that age group in the school year beginning in 1990; or
d
(if applicable) the number of pupils in that age group stated in the most recent of proposals under section 12 of that Act (in accordance with subsection (2) of that section) or under section 13 of that Act (in accordance with that subsection as applied by section 13(2) of that Act) which have been wholly or partly implemented in relation to the school by 1st May 1991,
whichever number is the greatest.
5
If there are two relevant age groups in relation to the school, the standard numbers applying to the school for those age groups shall be determined —
a
i
in respect of the lower relevant age group, by the number of registered pupils other than those receiving nursery education and those in the higher relevant age group or any age group higher than that age group, at the school on 1st May 1991 divided by the number of age groups in the school other than those containing registered pupils who are to be disregarded for the purposes of determining the number of registered pupils under this sub-paragraph, and rounded down to the nearest whole number; and
ii
in respect of the higher relevant age group, by the number of registered pupils in that and any higher age group at the school on Ist May 1991 divided by the number of age groups containing such registered pupils, and rounded down to the nearest whole number, less the number determined under sub-paragraph (i) above; or
b
the number (rounded down to the nearest whole number) produced by the application of the formula, set out in paragraph 2 of the Schedule to this Order, to the school on Ist May 1991; or
c
the number of pupils, published under section 8 of the Education Act 1980, intended for admission to the school in those age groups in the school year beginning in 1990; or
d
(if applicable) the number of pupils in those age groups stated in the most recent of proposals under section 12 of that Act (in accordance with subsection (2) of that section) or under section 13 of that Act (in accordance with that subsection as applied by section 13(2) of that Act) which have been wholly or partly implemented in relation to the school by 1st May 1991,
whichever number is the greatest.


text:
1
The Buckinghamshire County Council Downhead Park to Willen Park (Canal Bridge) Scheme 1989 is hereby confirmed with modifications.
2
The said Scheme as confirmed (hereinafter referred to as “the Scheme”) is set out in the Schedule hereto and copies of the Scheme with its accompanying plans are deposited at the offices of the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY; and at the offices of the County Council of Buckinghamshire, County Hall, Aylesbury, Bucks, HP20 1UA.
3
The Scheme will become operative on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
4
This Instrument may be cited as the Buckinghamshire County Council Downhead Park to Willen Park (Canal Bridge) Scheme 1989 Confirmation Instrument 1991.
Signed by authority of the Secretary of State for Transport
J.A. Owen
Regional Director, Northern Region,
Department of Transport
11th January 1991


text:
1
These Rules may be cited as the Design Right (Proceedings before Comptroller) (Amendment) Rules 1991 and shall come into force on 12th August 1991.
2
The Design Right (Proceedings before Comptroller) Rules 1989 are amended by substituting for Schedule 2 thereto the Schedule set out in the Schedule to these Rules.
Reay
Parliamentary Under-Secretary of State,
Department of Trade and Industry
15th July 1991
We consent to the fees prescribed in these Rules.
Irvine Patnick
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
16th July 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Social Security (Contributions) (Re-rating) (No. 2) Order 1991 and shall come into force on 6th April 1992.
2
In this Order “ the Act ” means the Social Security Act 1975.
Weekly earnings figures for secondary earnings brackets
2
1
Section 4 of the Act (incidence of Class 1 contributions) shall be amended in accordance with the provisions of this article.
2
In subsection (6E) (secondary earnings brackets) —
a
for the figure “£84.99” specified in respect of Bracket 1 there shall be substituted the figure “£89.99”;
b
for the figures “£85.00” and “£129.99” specified in respect of Bracket 2 there shall be substituted respectively the figures “£90.00” and “£134.99”;
c
for the figures “£130.00” and “£184.99” specified in respect of Bracket 3 there shall be substituted respectively the figures “£135.00” and “£189.99”;
d
for the figure “£185.00” spin respect of Bracket 4 there shall be substituted the figure “£190.00”.
Rate of, and small earnings exception from, Class 2 contributions
3
In section 7 of the Act (Class 2 contributions) —
a
in subsection (1) (weekly rate) for the figure “£5.15” there shall be substituted the figure “£5.35”;
b
in subsection (5) (small earnings exception) for the figure “£2,900” there shall be substituted the figure “£3,030”.
Amount of Class 3 contributions
4
In section 8(1) of the Act (amount of Class 3 contributions) for the figure “£5.05” there shall be substituted the figure “£5.25”.
Lower and upper limits for Class 4 contributions
5
In sections 9(2) and 10(1) of the Act (Class 4 contributions recoverable under Tax Acts and regulations) —
a
for the figure “£5,900” (lower limit) wherever it appears there shall be substituted in each of those sections the figure “£6,120”;
b
for the figure “£20,280” (upper limit) there shall be substituted in each of those sections the figure “£21,060”.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
18th December 1991
We consent,
Irvine Patnick
Thomas Sackville
Two of the Lords Commissioners of Her Majesty’s Treasury
19th December 1991


text:
Citation and commencement
1
These Regulations may be cited as the Education (Student Loans)Regulations 1991 and shall come into force on 1st August 1991.
Revocation
2
The Education (Student Loans) Regulations 1990 and the Education (Student Loans) (Amendment)Regulations 1991 are hereby revoked.
Interpretation
3
1
In these Regulations, except where the context otherwiserequires —
“ the Act ” means the Education (Student Loans) Act 1990;
“borrower” means a person to whom a loan has been made;
“eligible” means eligible for the purposes of section 1 of the Act read withregulation 4 and the Schedule to these Regulations;
“full-time course” means a sandwich course or a course —
which persons undertaking it are normally required by theinstitution providing it to attend (whether at premises of theinstitution or elsewhere) —
in the case of a course of one academic year’s duration, for aperiod of at least 24 weeks; and
in the case of a course of two or more academic years'duration, for a period of at least 24 weeks in each academic year exceptthe final year and of at least eight weeks in the final year; and
the nature of which is such that a person undertaking it wouldnormally require to undertake periods of study, tuition or workexperience which together amount in each academic year to an average ofat least 21 hours a week as respects the periods of attendance mentioned insub-paragraph (a) above for the year;
“loan” means a loan (whether made before or after the coming into force ofthese Regulations) towards a student’s maintenance out of money madeavailable by the Secretary of State for that purpose pursuant toarrangements made by the Secretary of State by virtue of section 1 ofthe Act, including the interest accrued on the loan and the amount ofthe loan from time to time outstanding;
“loans administrator” means any person or body for the time being exercising functions inrelation to loans under arrangements made with the Secretary of Statepursuant to paragraph 3 of Schedule 2 to the Act;
“periods of work experience” means periods of industrial, professional or commercial experienceassociated with full-time study at an institution but at a place outsidethe institution;
“refugee” means a person who is recognised by Her Majesty’s government as arefugee within the meaning of the United Nations Convention relating tothe Status of Refugees done at Geneva on 28th July 1951 as extended by the Protocol thereto which entered intoforce on 4th October 1967 or a person who enjoys asylum in the United Kingdom inpursuance of a decision of Her Majesty’s government though not sorecognised, and any reference to the child of a refugee includes areference to a person adopted in pursuance of adoption proceedings and astep-child; and
“sandwich course” means a course consisting of alternate periods of full-time studyin an institution and periods of work experience so organised that,taking the course as a whole, the student attends the periods offull-time study for an average of not less than 19 weeks in each year;and for the purpose of calculating his attendance the course shall betreated as beginning with the first period of full-time study and endingwith the last such period.
2
For the purposes of these Regulations an academic year which beginsin the month of July in any year shall be deemed to begin in the monthof August immediately following that month.
3
In these Regulations any reference to a regulation is a reference toa regulation of these Regulations, any reference in a regulation to aparagraph is a reference to a paragraph of that regulation, and anyreference in a paragraph to a sub-paragraph is a reference to asub-paragraph of that paragraph.
Conditions of eligibility
4
1
A student attending a course of higher education of at least oneacademic year’s duration shall be eligible for a loan in relation to anacademic year which begins on or after 1st August 1991 if —
a
his course of study during that academic year forms part or allof —
i
a full-time course; or
ii
a course (whether or not full-time) for the initial trainingof teachers which is for the time being designated by or underregulations made by virtue of section 1(2)(b) and (3)(c) of theEducation Act 1962 ; and
b
i
he satisfies the conditions prescribed in the Schedule tothese Regulations; or
ii
in respect of the course he satisfies one of the conditions ofeligibility for an allowance set down in paragraphs (a), (b) and (f) of regulation 5 of the Students' Allowances (Scotland) Regulations 1987 ; or
iii
before the commencement of or at any time during thatacademic year he has been recognised as a refugee or awarded asylum andfrom that time he has been ordinarily resident in the British Islands,or is the spouse or child of such a person; and
c
he has agreed with the loans administrator to accept payment of theloan by direct credit to his bank or building society account and hasprovided the administrator with a signed direct debit mandate in favourof the administrator in respect of repayments of the loan from thataccount; and
d
he has entered into an agreement for the loan not later than theend of the period of 12 months beginning on 1st August in which thatacademic year begins; and
e
he is not a person to whom paragraph (2) applies.
2
This paragraph applies to a person who —
a
before the date on which the course begins has attained the age offifty years; or
b
is attending a course leading to registration on Part 12, 13, 14 or15 of the register maintained by the United Kingdom Central Council forNursing, Midwifery and Health Visiting under section 10 of the Nurses,Midwives and Health Visitors Act 1979 and is eligible to receive payment of a bursary orsalary out of funds paid by the Secretary of State under section 97 ofthe National Health Service Act 1977 or section 85(1) of the National Health Service(Scotland) Act 1978 ; or
c
is studying for the Postgraduate Certificate in Education as aparticipant in arrangements made by a local education authority for thetraining of teachers known as the“Articled Teachers Scheme”; or
d
is in breach of any obligation contained in any agreement for aloan; or
e
subject to paragraph (3) was a minor when any agreement for a loanwas made with him and who has not ratified that agreement afterattaining his majority.
3
In the case of an agreement for a loan which is subject to the lawof Scotland, sub-paragraph (e) of paragraph (2) shall apply onlyif —
a
the agreement was made with the concurrence of the borrower'scurator; or
b
at the time the agreement was made the borrower had no curator.
4
A student shall not be eligible for a loan in relation to more thanone academic year or more than one course beginning in any period oftwelve months beginning on 1st August in any year.
Designation of courses by Secretary of State
5
For the purposes of section 1 of the Act the Secretary of State maydesignate courses of higher education at institutions other thaninstitutions receiving support from public funds.
Amounts of loans
6
1
Subject to paragraphs (3) and (4), in the case of a studentattending a course at the University of London or at any institutionwithin the area comprising the City of London and the metropolitanpolice district, the maximum amount of the loan in relation to anyacademic year shall be —
a
if the year is the final year of the course, £335 if heresides at his parents' home, and £480 if he does not; and
b
if the year is any other year of the course £460 if heresides at his parents' home, and £660 if he does not.
2
Subject to paragraphs (3) and (4), in the case of any other studentthe maximum amount of the loan in relation to any academic year shallbe —
a
if the year is the final year of the course, £335 if heresides at his parents' home, and £425 if he does not; and
b
if the year is any other year of the course, £460 if heresides at his parents' home, and £580 if he does not.
3
Where a student’s course includes a period of residence in a countryother than the United Kingdom throughout an academic year, the maximumamount of the loan in relation to that academic year shall be£425 if the year is the final year of the course and£580 if it is not.
4
For the purposes of paragraphs (1) to (3) where a course for thePostgraduate Certificate in Education is of only one academic year'sduration that year shall not be treated as a final year, and for thepurposes of paragraphs (1) and (2) a student’s place of residence is hisplace of residence on the date a certificate is given in respect of himpursuant to regulation 13.
Interest
7
1
Notwithstanding the revocation of the Education (Student Loans)Regulations 1990 loans shall bear interest in respect of the periodconsisting of the month of August 1991 at the rate specified inregulation 6 of those regulations.
2
Loans shall bear interest in respect of any period commencing on orafter 1st September 1991 at the rate specified in paragraphs (3) and(4), being the rate appearing to the Secretary of State to be requisitefor maintaining the value of the loans in real terms.
3
That rate is the rate of interest per day which, in relation to aloan made on or after 1st September 1991, taking account of the additionof interest to the outstanding amount of the loan in accordance withregulation 8, will result in an annual percentage rate of chargedetermined in accordance with the Consumer Credit (Total Charge forCredit) Regulations 1980 which is equal to the percentage specified in paragraph(4).
4
That percentage is the percentage increase between the retail pricesindex published by the Central Statistical Office of the Chancellor ofthe Exchequer for June 1990 and the retail prices index so published forJune 1991.
Time and manner of repayments
8
1
Subject to regulations 9 to 12 a borrower shall commence repaymentof his loan on 1st April next following the date on which he ceased toattend the course.
2
Subject to regulations 9 to 12 repayments shall be made in 60monthly instalments calculated in accordance with paragraphs (5) and (6)in the case of a borrower who has received a loan in relation to lessthan five academic years and in 84 such instalments calculated asaforesaid in all other cases.
3
Interest accrued on a loan shall be added to the loan at regularmonthly intervals and thenceforth form part of the outstanding amount ofthe loan.
4
On or before the date referred to in paragraph (1), the amount ofthe monthly repayments shall be calculated in accordance with paragraph(5).
5
The amount of the loan outstanding on the relevant 1st April and ofinterest which will accrue during the period of repayment shall bedivided by the number of repayments, and the amount so calculated shallbe the amount of the monthly repayment until it is re-calculated inaccordance with paragraph (6).
6
On 1st September next following the date referred to in paragraph(1), and in each subsequent year on that date until the loan has beenrepaid or cancelled, the amount of the loan outstanding on that date andof interest which will accrue during the remaining period of repaymentshall be divided by the number of repayments still to be made and theamount so calculated shall be the amount of the monthly repayment.
7
For the purposes of calculating monthly repayments under paragraphs(5) and (6) it shall be assumed that —
a
(if it is not the case) any repayments due prior to the relevantdate have been made;
b
the rate of interest will not change during the period ofrepayment; and
c
each repayment will be applied to reduce the amount of the loanimmediately after the addition of interest in accordance with paragraph(3).
8
Repayments shall be made by direct debit from the borrower’s bank orbuilding society account unless the loans administrator agreesotherwise.
9
Nothing in this regulation shall be taken to prevent a borrower,after giving notice to the loans administrator, from discharging or withthe agreement of the loans administrator reducing his liability inrespect of his loan sooner than required by the regulation, and where aborrower wishes so to reduce his liability the amount and time ofrepayments shall be determined by the loans administrator and theprovisions of this regulation (except paragraphs (3) and (8)) shall nolonger apply to the loan.
9
Notwithstanding the provisions of regulation 8, the loansadministrator may, in the case of a borrower who is in breach of anobligation to repay any loan instalment, do either or both of thefollowing, namely:
a
grant any relaxation or indulgence to the borrower which does notvary the agreement for the loan;
b
require the borrower to make an immediate repayment of theoutstanding amount of the loan:
Provided that the loans administrator shall not grant any relaxation or indulgence in accordance with paragraph (a) unless it is satisfied that such action represents a more effective means of recovering the debt due under the agreement than instituting legal proceedings against the borrower.
Repayment by disabled borrowers
10
1
In the case of a borrower receiving any disability-related benefit(as defined in regulation 11(5)) at the beginning of or at any timeduring the period of repayment determined in accordance with regulation8, the loans administrator may do all or any of the following, namely:
a
allow the borrower to commence repayment of the loan, at such datelater than that provided by regulation 8 as the loans administratorconsiders appropriate; or
b
allow the borrower to defer making repayments of the loan untilsuch later date; or
c
allow the borrower such longer period for repayment of the loanthan that provided by regulation 8 as the loans administrator considersappropriate:
but interest on the loan shall continue to accrue and to beadded to the outstanding amount of the loan during any period in whichrepayments are not being made or any extended period of repayment.
2
The loans administrator may exercise any discretion conferred on itby paragraph (1) notwithstanding that the outstanding amount of the loanwill not in consequence be fully repaid before the borrower’s liabilityin respect thereof is cancelled by virtue of paragraphs (1)(b) and (2)of regulation 12.
Deferment
11
1
Subject to the provisions of this regulation, a borrower shall beentitled to defer making repayments of his loan if he satisfies theloans administrator —
a
that his gross income for the month preceding the month in which heapplies for deferment does not exceed £1055; and
b
if the loans administrator so requires, that his gross averagemonthly income during the three months immediately following the monthfirst referred to in sub-paragraph (a) will not or is unlikely to exceed£1055.
2
If a borrower falls within paragraph (1), he shall not be obliged tomake repayments during a period of twelve months beginning with suchdate as may be determined by the loans administrator, being a date notmore than twelve months earlier or one month later than the date onwhich the loans administrator notifies the borrower that it is satisfiedthat he is entitled to defer making repayments.
3
Notwithstanding deferment a borrower may at any time after givingnotice to the loans administrator resume making repayments at any timebefore the end of the period of deferment.
4
In determining whether a borrower’s gross monthly income exceeds,will exceed or is likely to exceed the amount specified in paragraph (1)no account shall be taken of any disability-related benefits paid orwhich will or are likely to be paid to him in the months in question.
5
In paragraph (4)“disability-related benefits” means —
a
the benefits or allowances payable pursuant to the Social SecurityAct 1975 known as invalidity allowance , attendance allowance , severe disablement allowance , mobility allowance and industrial injuries benefit ; and
b
disability premium and severe disability premium payable pursuantto the Income Support (General) Regulations 1987 .
6
Interest shall accrue on a loan and shall be added to theoutstanding amount thereof during any period of deferment.
Cancellation
12
1
A borrower’s liability to make repayments in respect of all loansshall be cancelled if —
a
he dies; or
b
he is a person to whom paragraph (2) applies.
2
This paragraph applies to a borrower who is not in breach of anyobligation in relation to any loan and —
a
if he was aged less than forty when he last entered into anagreement for a loan, if he attains the age of fifty or if the loan forwhich he last entered into an agreement has been outstanding for notless than twenty five years (whichever event is the sooner); or
b
if he was aged not less than forty when he last entered into anagreement for a loan, if he attains the age of sixty.
Duties of governing bodies in relation to loans
13
1
This regulation prescribes the steps to be taken by the governingbody of each institution at which eligible students are attendingcourses for the purposes of, or in connection with, applications forloans.
2
The governing body shall as soon as practicable after thecommencement of each academic year —
a
issue to any student on request an eligibility questionnaireprovided by the loans administrator;
b
in respect of each eligibility questionnaire completed by a studentand returned to them, take such steps as are reasonably practicable toverify the particulars inserted in the questionnaire by the studentrelating to his eligibility for a loan;
c
if the student’s eligibility cannot be determined solely byverifying the particulars on the questionnaire, take such other steps asare reasonably practicable for that purpose;
d
issue to each student in relation to whom they have taken the stepsrequired by sub-paragraphs (a) — (c) and whom they consider tobe eligible an eligibility form provided by the loans adminstrator forcompletion by the student;
e
certify to the best of their knowledge and belief the accuracy ofthe particulars in each completed eligibility form and the amount ofloan to which they consider the student to be entitled;
f
issue to each student in relation to whom they have taken all othersteps required by the preceding provisions of this paragraph a loanapplication form provided by the loans administrator; and
g
send each certified eligibility form to the loans administrator.
3
The governing body shall —
a
promptly notify the loans administrator in writing if a person inrespect of whom they have certified eligibility in accordance withparagraph (2) ceases to be an eligible student otherwise than because hehas completed the course;
b
keep records and copies of all documents except loan applicationforms which they are required by this regulation to issue or certify anda record of any steps taken by them to establish a student'seligibility;
c
permit the loans administrator or the Secretary of State to inspectthe records and copies at any reasonable time and provide them withreasonable facilities for that purpose;
d
acknowledge receipt of all eligibility and application formsreceived by them from the loans administrator and provide to it onrequest brief particulars of such forms which they have issued; and
e
as soon as practicable notify the loans administrator in writing ifthey believe that a person has fraudulently obtained or attempted toobtain a loan and provide the administrator with the name of the person(if known) and particulars of the circumstances of that person'sobtaining or attempting to obtain the loan.
4
Without prejudice to the generality of sub-paragraphs (b) and (c) ofparagraph (2), the steps to be taken under those sub-paragraphs shallinclude verifying particulars given in the eligibility questionnaire byreference to —
a
in the case of a person in respect of whom an entry was made in aregister of births kept in pursuance of the Births and DeathsRegistration Act 1953 and the Registration Service Act 1953 , a certified copy of that entry;
b
in the case of a person in respect of whom an entry was made in theAdopted Children Register kept in pursuance of section 50 of theAdoption Act 1976 which contains a record of the date of birth of theperson, a certified copy of that entry;
c
in the case of a person in respect of whom an entry was made in aregister of births kept in pursuance of the Registration of Births,Deaths and Marriages (Scotland) Act 1965 , an extract of, or an abbreviated certificate of birthrelating to, that entry;
d
in the case of a person in respect of whom an entry was made in theAdopted Children Register kept in pursuance of Section 45 of theAdoption (Scotland) Act 1978 which contains a record of the date of birth of theperson, an extract of that entry; or
e
in the case of any other person except a refugee, his passport (ifhe holds one), and a letter or other document issued by a responsible personwhich contains particulars of his date, place and country of birth andhis names at birth.
5
Nothing in this regulation shall require the governing body to takeany steps to establish whether a student falls within sub-paragraph(1)(c), (2)(d) or (2)(e) of regulation 4 (direct credit and debitagreement, breach of loan agreement and minor’s failure to ratify loanagreement), and in considering whether a student is eligible thegoverning body shall disregard those sub-paragraphs.
6
The governing body shall not be required to take any of the stepsspecified in paragraphs (2) and (4) for the purposes of, or inconnection with, loans in relation to a particular academic year after30th June in the period of 12 months beginning on 1st August in whichthat academic year begins.
7
In this regulation —
“eligibility form” means a form requesting particulars from a student relevant to hiseligibility for a loan and of his bank or building society account; and
“responsible person” means a consular officer, minister of religion, medical or legalpractitioner, established civil servant, teacher or police officer.


text:
Citation and interpretation
1
1
This Order may be cited as the Companies Act 1989 (Commencement No. 9 and Saying and Transitional Provisions) Order 1991.
2
In this Order, “ the Act ” means the Companies Act 1989.
Provisions of Act brought into force by this Order
2
1
Section 126 and, insofar as it is not yet in force, section 127 of the Act shall come into force on Ist July 1991 subject, in the case of section 126, to the transitional provisions set out in article 3 below.
2
Part VII of the Act shall come into force on 25th March 1991 insofar as is necessary to enable regulations to be made under the following provisions of that Part:
Section 155(4) and (5)
Section 158(4) and (5)
Section 160(5)
Section 173(4) and (5)
Section 174(2) to (4)
Sections 185 and 186
Section 187(3)
Paragraph 2(3) of Schedule 21.
3
Insofar as it is not yet in force, section 193 of the Act shall come into force on 1st April 1991 subject to the saving provision in article 4 below.
4
In Part X of the 1989 Act , the repeals effected by Schedule 24 of sections 712 and 715 of the Companies Act 1985 , together with section 212 so far as relating to those repeals, shall come into force on Ist July 1991.
Transitional provisions relating to section 126 of Act
3
1
Notwithstanding the repeal of sections 709(2) and (3) of the Companies Act 1985, as originally enacted, by the bringing into force by this Order of section 126 of the 1989 Act, section 709(2) and (3), as originally enacted, shall continue to have effect, with the modifications set out in paragraph (2) below, to the extent that the repeal of section 709(2) and (3) by section 212(3) of, and Part I of Schedule 17 to, the Financial Services Act 1986 has not been brought into force by Order under section 211 of that Act.
2
Section 709(2), as originally enacted, shall continue to have effect by virtue of this article as if the reference therein to the “rights conferred by subsection (1) of this section” was a reference to the rights conferred by section 709(1) of the Companies Act 1985 as inserted by section 126 of the 1989 Act; and the reference to those rights in section 709(3), as originally enacted, shall be construed accordingly.
Saving provision relating to section 193 of Act
4
The coming into force of section 193 of the Act shall not affect the right of any person to bring an action under section 62 of, or paragraph 22 of Schedule 11 to, the Financial Services Act 1986 in respect of a contravention occurring before section 193 comes into force.
John Redwood
Minister of State,
Department of Trade and Industry
4th March 1991


text:
1
This Order may be cited as the Public Telecommunication System Designation (British Cable Services Limited) (Cardiff) Order 1991 and shall come into force on 7th March 1991.
2
Each of the Applicable Cabled Systems is hereby designated as a public telecommunication system.
John Redwood
Minister of State,
Department of Trade and Industry
3rd February 1991


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Third Country Fishing (Enforcement) Order 1991 and shall come into force on 9th March 1991.
2
In this Order, “relevant Community provision” means any provision of a Regulation of the European Communities referred to in column 1 of the Schedule to this Order which is specified in column 2 thereof opposite the reference to that Regulation.
Offences and penalties
2
If there is, in respect of any fishing boat to which a relevant Community provision applies, a contravention of, or failure to comply with, that provision within British fishery limits, the master of that boat shall be guilty of an offence and liable —
a
on summary conviction to a fine not exceeding the amount specified in column 4 of the Schedule to this Order opposite the reference to that provision in column 2; or
b
on conviction on indictment to a fine.
Recovery of fines
3
1
Where a fine is imposed by a magistrates' court in England and Wales or Northern Ireland on the master or a member of the crew of a fishing boat who is convicted by the court of an offence under article 2 or 5 of this Order, the court may —
a
issue a warrant of distress against the boat and its gear and catch and any property of the person convicted for the purpose of levying the amount of the fine; and
b
order the boat to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid or the amount of the fine is levied in pursuance of any such warrant, whichever occurs first.
2
Where a fine is imposed by a sheriff in Scotland on the master or a member of the crew of a fishing boat who is convicted by the sheriff of an offence under article 2 or 5 of this Order, the sheriff may —
a
issue a warrant for the arrestment and sale of the boat and its gear and catch and any property of the person convicted; and
b
order the boat to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid, whichever occurs first.
3
Sections 77(1) and 78 of the Magistrates' Courts Act 1980 (postponement of issue of, and defects in, warrants of distress) shall apply to a warrant of distress issued under this article in England and Wales as they apply to a warrant of distress issued under Part III of that Act.
4
Articles 114(2) and 154 of the Magistrates' Courts (Northern Ireland) Order 1981 (postponement of issue of certain warrants and objections as to want of form or variance between complaint etc and evidence adduced) shall apply to a warrant of distress issued under this article in Northern Ireland as it applies to a warrant referred to in those articles.
Powers of British sea-fishery officers in relation to fishing boats
4
1
For the purpose of enforcing article 2 of this Order, a British sea-fishery officer
a
may go on board any fishing boat to which a relevant Community provision applies and which is within British fishery limits;
b
may take with him, to assist him in performing his functions, any other person and any equipment or materials;
c
may require any such boat to stop and do anything else to enable him to board it;
d
may require the attendance of the master of the boat or any other person on board;
e
may require any person on board to assist him in the performance of his functions; and
f
may make any examination or inquiry which appears to him to be necessary and, without prejudice to the generality of the foregoing, he may in particular —
i
examine any fish on the boat and the equipment of the boat, including the fishing gear;
ii
require the production of any document relating to the boat or to its fishing operations or other operations ancillary to its fishing operations;
iii
search the boat for any such document, and require any person on board the boat to do anything which appears to the officer to be necessary for facilitating the search; and
iv
take copies of any such document.
2
If a British sea-fishery officer has reasonable grounds to suspect that an offence under article 2 of this Order has been committed within British fishery limits in respect of a boat that he has power to go on board under paragraph (1)(a) of this article, he may seize and detain any document produced to him or found on board the boat, and the officer —
a
may require the master to take, or may himself take, the boat and its crew to the port which appears to the officer to be the nearest convenient port; and
b
may detain the boat in the port.
3
Nothing in paragraph (2) of this article shall permit any document required by law to be carried on board any boat to be seized or detained except while the boat is detained in a port.
4
If a British sea-fishery officer detains a boat, he shall serve on the master a notice stating that it is to be detained until the notice is withdrawn by the service on him of a further notice in writing signed by a British sea-fishery officer.
Obstruction of officers
5
Any person who, on any fishing boat which is within British fishery limits and to which a relevant Community provision applies —
a
fails without reasonable excuse to comply with any requirement imposed by a British sea-fishery officer under the powers conferred on British sea-fishery officers by article 4 of this Order;
b
without reasonable excuse prevents any other person from complying with any such requirement; or
c
assaults an officer who is exercising any of the powers conferred on him by article 4 of this Order or intentionally obstructs any such officer in the exercise of any of those powers,
shall be guilty of an offence and liable —
i
on summary conviction to a fine not exceeding £5,000; or
ii
on conviction on indictment to a fine.
Protection of officers
6
An officer shall not be liable in any civil or criminal proccedings for anything done in the purported exercise of the powers conferred on him by article 4 of this Order if the court is satisfied that the act was done in good faith, that there were reasonable grounds for doing it and that it was done with reasonable skill and care.
Proceedings
7
Proceedings for an offence under this Order may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.
Revocation and saving
8
The Third Country Fishing (Enforcement) Order 1990 is hereby revoked, but without prejudice to the application of articles 4 to 6 of that Order in relation to the enforcement of article 2 of that Order.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 7th March 1991.
John Selwvn Gummer
Minister of Agriculture, Fisheries and Food
Strathclyde
Parliamentary Under Secretary of State, Scottish Office
4th March 1991
David Hunt
Secretary of State for Wales
7th March 1991
Peter Brooke
Secretary of State for Northern Ireland
7th March 1991


text:
Citation and Commencement
1
This Order may be cited as the Waltham Forest Housing Action Trust (Area and Constitution) Order 1991 and shall come into force on the day after the day on which it is made.
Interpretation
2
In this Order, “the map” means the four maps each entitled “Map referred to in the Waltham Forest Housing Action Trust (Area and Constitution) Order 1991”, of which prints, signed by an Under Secretary of State in the Department of the Environment, are deposited and available for inspection at the offices of the Secretary of State for the Environment and the offices of the council of the London Borough of Waltham Forest.
Designation of housing action trust area
3
The area comprising the six parcels of land shown on the map bounded externally by a broken black line edged internally with a stippled band is hereby designated as a housing action trust area.
Establishment of the Waltham Forest Housing Action Trust
4
For the area designated by article 3 above there is hereby established a housing action trust, named the Waltham Forest Housing Action Trust.
Michael Heseltine
Secretary of State for the Environment
8th December 1991


text:
Citation and commencement
1
This Order may be cited as the European Communities (Designation) (No. 3) Order 1991 and shall come into force on 15th November 1991.
Designation of Ministers or departments
2
1
For the purposes of section 2(2) of the European Communities Act 1972 the Ministers or government departments specified in column 1 of the Schedule to this Order are hereby designated in relation to the matters specified in column 2 of that Schedule.
2
Where a Minister or government department is designated in relation to any item in column 2 of the said Schedule, then, for the purposes of the said section 2(2), that Minister or government department is also hereby designated in relation to anything supplemental or incidental to the matters specified in that item.
3
Where more than one Minister or government department is designated by this Order in relation to any matter, the designation has effect as respects the making of regulations by any of them or by more than one of them acting jointly.
4
Regulations made by a Northern Ireland department in pursuance of this Order, that are not made jointly with any Minister, shall form part of the law of Northern Ireland and not of any other part of the United Kingdom.
G. I. de Deney
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Barnsley Community and Priority Services National Health Service Trust (Establishment) Order 1991 and shall come into force on 1st November 1991.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of or Schedule 1 to the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 1st November 1991;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Barnsley Community and Priority Services National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Barnsley Community and Priority Services National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at Unit II Headquarters, Kendray Hospital, Doncaster Road, Barnsley, S70 3RD and associated hospitals;
b
to manage community health services provided from Unit II Headquarters, Kendray Hospital, Doncaster Road, Barnsley, S70 3RD and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1992.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Barnsley Health Authority shall —
a
until the operational date make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The Barnsley Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the Barnsley Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Stephen Dorrell
Parliamentary Under Secretary of State,
Department of Health
21st October 1991


text:
Citation and commencement
1
This Order may be cited as the European Communities (Employment inthe Civil Service) Order 1991 and shall come into force forthwith.
Amendment of Aliens' Employment Act 1955
2
In section 1(1) of the Aliens' Employment Act 1955 after paragraph (b) there shall be added the words
or
c
if he is —
i
a national of a member State of the Communities, or
ii
a person who is entitled to take upany activity as an employed person in the United Kingdom by virtue ofArticle 11 of Council Regulation ( EEC ) No.1612/68 (right of spouse and certain children of national ofmember State to be employed in any other member State where thatnational is employed),
and he is not employed in employment in thepublic service within the meaning of Article 48(4) of the E.E.C. Treaty(derogation from freedom of movement of workers);
.
Employment of aliens in the Northern Ireland Civil Service
3
Notwithstanding anything in section 3 of the Act of Settlement or in section 6 of the Aliens Restriction (Amendment)Act 1919 , an alien may be employed in the Civil Service ofNorthern Ireland if —
a
he is —
i
a national of a member State of the Communities, or
ii
a person who is entitled to take up any activity as an employedperson in the United Kingdom by virtue of Article 11 of CouncilRegulation (EEC) No. 1612/68 (right of spouse and certain children ofnational of member State to be employed in any other member State wherethat national is employed); and
b
he is not employed in employment in the public service within themeaning of Article 48(4) of the E.E.C. Treaty (derogation from freedomof movement of workers).
G. I. de Deney
Clerk of the Privy Council


text:
1
This Order may be cited as the Public Telecommunication System Designation (Northampton Cable Television Limited) (Northeast Northamptonshire) Order 1991 and shall come into force on 26th August 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
24th July 1991


text:
Citation and commencement
1
These Rules may be cited as the Imprisonment and Detention (Army)(Amendment) Rules 1991 and shall come into force on 27th May 1991.
Amendment of principal rules
2
The Imprisonment and Detention (Army) Rules 1979 shall be amended in accordance with the followingprovisions of these Rules.
Places in which women shall serve military sentences of imprisonmentor detention
3
1
In Rule 18(1), for the words from“or in unit” to the end there shall be substituted“or, pending reception therein, in a military establishment or partthereof (not being a military prison) of, or set apart for members of,the women’s forces.”
2
In Rule 18(2), for the words from“in unit” to the end there shall be substituted“in a military establishment or part thereof (not being a militaryprison) of, or set apart for members of, the women’s forces.”
3
In Rule 18(3), for the words from“service detention” to the end there shall be substituted“a military establishment or part thereof (not being a militaryprison) of, or set apart for members of, the women’s forces.”
4
In Rule 19, for the words“other than one” there shall be substituted“unless the whole or part thereof is”.
Mechanical restraint and use of special clothing
4
In Rule 98(3)(f), the words“(i) shall not apply to unit detention rooms of a unit of the women'sforces; and (ii)” and the words“(other than those of a unit of the women’s forces)” shall be omitted.
Removal of references to the reconsidering authority
5
1
In Rule 2, the definition of“reconsidering authority” shall be omitted.
2
In Rule 21, for the words“officer, reviewing authority or reconsidering authority” there shall be substituted“officer or reviewing authority”.
3
In Rule 31, the words“(c) the reconsidering authority” and in paragraph (d) the words“or reconsidering” shall be omitted.
4
In Rule 81(a), for the words“court-martial, the reviewing authority or the reconsideringauthority” there shall be substituted“court-martial or the reviewing authority”.
Tom King
Secretary of State for Defence
15th March 1991


text:
1
The highways which the Secretary of State proposes to construct–
a
along the route described in Schedule 1 (hereinafer referred to as “the main new trunk road”); and
b
along the routes described in Schedule 2 for the purposes of connecting the main new trunk road with other highways at the places stated in that Schedule (hereinafter referred to as “the connecting roads”),
shall become trunk roads as from the date when this Order comes into force.
2
The centre line of each of the new trunk roads is indicated by a heavy black line on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of any of the new trunk roads that–
a
where the highway is a highway maintainable at public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not a highway maintainable at public expense and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purposes of through traffic.
4
The length of the Trunk Road described in Schedule 3 and shown by broad hatching on the deposited plan shall cease to be a trunk road and shall become a classified road as from the date on which the Secretary of State notifies the County Council of Staffordshire that the new trunk roads are open for through traffic.
5
The Secretary of State is authorised to construct the bridge over the Birmingham and Fazeley Canal specified in Schedule 4 as part of the main new trunk road and, in connection with the construction of that bridge, to divert the part of the navigable watercourse specified in that Schedule and the towing path adjacent to that part in the manner shown in that Schedule.
6
The Secretary of State is authorised to construct the bridge over the Coventry Canal specified in Schedule 5 as part of the main new trunk road and, in connection with the construction of that bridge, to divert the part of the navigable watercourse specified in that Schedule and the towing path adjacent to that part in the manner shown in that Schedule.
7
In this Order–
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“classified road” as a classification for a new highway, means that the highway is not a princi pal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the deposited plan” means the plan numbered HA 10/2 WM 150 marked “The A5 Trunk Road (Fazeley Two Gates Wilnecote Bypass and Slip Roads) Order 1991” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1 3PY;
iii
“the new trunk roads” means the new highways mentioned in article 1; and
iv
“the Trunk Road” means The London to Holyhead Trunk Road (A5);
3
a reference to an article or a Schedule followed by a number is a reference to an article in, or Schedule to this Order, which bears that number.
8
This Order shall come into force on 30th July 1991 and may be sited as the A5 Trunk Road (Fazeley Two Gates Wilnecote Bypass and Slip Roads) Order 1991.
Signed by authority of the Secretary of State for Transport
D. Ritchie
Regional Director West Midlands Region,
Department of Transport
25th June 1991


text:
Citation and Commencement
1
This Order may be cited as the Social Security Revaluation of Earnings Factors Order 1991 and shall come into force on 29th May 1991.
Revaluation of earnings factors
2
The earnings factors relevant —
a
to the calculation —
i
of the additional pension in the rate of any long-term benefit ; or
ii
of any guaranteed minimum pension ; or
b
to any other calculation required under Part III of the Social Security Pensions Act 1975 (including that Part as modified by or under any other enactment),
are directed to be increased for the tax years specified in the Schedule to this Order by the percentage of their amount shown opposite those tax years in that Schedule.
Rounding of fractional amounts
3
Where any earnings factor relevant to the calculation specified in article 2(a)(i) of this Order, as increased in accordance with this Order, would not but for this article be expressed as a whole number of pounds, it shall be so expressed by the rounding down of any fraction of a pound less than one half and the rounding up of any other fraction of a pound.
Signed by authority of the Secretary of State for Social Security.
Henley
Parliamentary Under Secretary of State,
Department of Social Security
30th April 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the New Possibilities National Health Service Trust (Establishment) Order 1991 and shall come into force on 1st November 1991.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of or Schedule 1 to the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 1st November 1991;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the New Possibilities National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called New Possibilities National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at New Possibilities House, Turner Road, Colchester, Essex.
b
to manage community health services provided from New Possibilities House, Turner Road, Colchester, Essex and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1992.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The North East Essex Health Authority shall —
a
until the operational date make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The North East Essex Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the North East Essex Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Virginia Bottomley
Minister of State,
Department of Health
21st October 1991