text:
PART 1
GENERAL
Citation, Commencement and Extent
1
1
These Regulations may be cited as the Education (Grant-maintained Schools) (Finance) Regulations 1990 and shall come into force on 1st April 1990.
2
These Regulations extend to England only.
Interpretation
2
1
In these Regulations, except where the context otherwise requires–
“ the Act ” means the Education Reform Act 1988;
“the 1989 Regulations ” means the Education (Grant-maintained Schools) (Finance) Regulations 1989 ; and
“school” means a grant-maintained school (within the meaning of the Act).
2
The following table shows provisions defining or otherwise explaining expressions used in these Regulations (other than provisions defining or explaining an expression used only in the same regulation or Schedule), references in the second column thereof to sections and regulations being, respectively, references to sections of the Act and regulations of these Regulations–
aggregated budget section 33(4)(b) allocation formula section 38(2) capital grant section 79(3)(b) change in the characteristics of the school regulation 4(9) financial year section 235(1) former maintaining authority sections 74(8) and 104(1)(i) and (6) general schools budget section 33(4)(a) incorporation date section 104(3) maintenance grant section 79(1) relevant expenditure regulation 5(3) scheme section 51(2)(a) school’s budget share section 51(2)(b) special purpose grants section 79(3)(a).
3
Unless the context otherwise requires, any reference in these Regulations to–
a
a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered, and
b
a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which the reference appears.
Revocation and Transitional Provisions
3
1
The 1989 Regulations are hereby revoked.
2
Notwithstanding paragraph (1), the 1989 Regulations shall continue to apply for the purposes of–
a
determining, apportioning and redetermining the amount of maintenance grant payable by the Secretary of State to the governing body of a school for the financial year ending on 31st March 1990, and
b
determining (and revising) the total amount of maintenance grant which the Secretary of State may recover from the former maintaining authority of a school in respect of the financial year ending on 31st March 1990.
3
Paragraph (1) is without prejudice to the continued operation after 31st March 1990 of the requirements imposed by the Secretary of State on a governing body to whom payments in respect of maintenance grant, capital grant or special purpose grant have been made under the 1989 Regulations.
PART 2
GRANTS
Determination of amount of maintenance grant
4
1
This regulation applies for the purpose of determining the amount of maintenance grant payable by the Secretary of State to the governing body of a school for a financial year in respect of which the former maintaining authority are required to prepare a statement under section 42 of the Act, and is subject to regulations 6, 7 and 8.
2
Subject to paragraphs (3) and (6), the Secretary of State shall determine in relation to the financial year in question an amount which he is satisfied (on the information available to him on a date determined by him and notified by him to the former maintaining authority) is or approximates to an amount which the former maintaining authority could have determined, by the application of their allocation formula in relation to a comparable maintained school covered by their scheme, as such a school’s budget share.
3
Where it appears to the Secretary of State that, in relation to the financial year in question, such a school’s budget share so determined would have been determined wholly or mainly by reference to expenditure (whether actual, estimated, notional or otherwise characterised) for the purposes of that school in a previous financial year, he may determine the amount referred to in paragraph (2)–
a
where the school was a grant-maintained school at any time in the previous financial year, by reference to its maintenance grant for that year, adjusted by such amount as the Secretary of State is satisfied is fair and reasonable having regard to, among other things–
i
any increase or decrease in the actual or planned level of spending of the former maintaining authority in respect of the primary or secondary schools, as the case may be, maintained by them occurring during or since the end of the immediately preceding financial year, and
ii
any significant change in the characteristics of the school occuring as aforesaid or which it appears to the Secretary of State will be likely to occur before the end of the financial year in relation to which grant is being determined; or
b
where the school was not a grant-maintained school at any time in the previous financial year, in accordance with regulation 5(2) to (7), save that, in the definition of “relevant schools” in regulation 5(4)(c), for the reference to “section 50” there shall be substituted a reference to “section 42”, and paragraphs (4) to (6) below shall not apply.
4
a
There shall be added to the amount determined in accordance with paragraphs (2) or (3)(a) above an amount which, in relation to that year, the Secretary of State is satisfied (on the information available to him on a date determined by him) represents that proportion of the amount described in sub-paragraph (b) below which corresponds to the proportion which the number of registered pupils at a comparable maintained primary or secondary school, as the case may be, bears to the number of registered pupils at all primary or secondary maintained schools required to be covered by the authority’s scheme, as the case may be.
For the purposes of this sub-paragraph “number of registered pupils” means, in relation to–
i
a comparable maintained primary or secondary school, the number determined by the Secretary of State as a number which appears to him to be or to approximate to a number of registered pupils at such a school which could under the authority’s scheme be used in applying the allocation formula under the scheme for initial determination of the school’s budget share for that year, and
ii
all primary or secondary maintained schools required to be covered by the authority’s scheme, the number which appears to the Secretary of State to be or to approximate to the aggregate of the number of registered pupils at each such primary or secondary school, as the case may be, required under the authority’s scheme to be so used.
b
The amount referred to in sub-paragraph (a) is that part which the Secretary of State considers is attributable to primary schools (if the school is a primary school) or to secondary schools (if the school is a secondary school) of the amount remaining after deducting from the authority’s general schools budget for the year–
i
their aggregated budget for that year;
ii
the authority’s planned expenditure on those heads or items specified in Schedule 3 (except to the extent that such expenditure falls within their aggregated budget);
iii
the authority’s planned expenditure on the provision of school meals, and
iv
any amount appropriated for meeting expenditure in respect of contin-gencies.
5
a
The sum of the amounts determined in accordance with paragraphs (2) and (4) or (3)(a) and (4), as the case may be, together with such amount (if any) as appears to the Secretary of State to be an amount which the school, had it continued to be maintained by the authority, would have been eligible in accordance with the authority’s scheme to receive in respect of contingencies, and an amount in respect of the provision of school meals calculated by the application of the formula in sub-paragraph (b) below shall be the amount of maintenance grant payable in respect of the school for the financial year in respect of which the determination under this regulation is made.
b
The formula referred to in sub-paragraph (a) above is:
( M × F ) ( P ) + ( S × G ) ( B ) ,
where
M is the number of registered pupils in receipt of free school meals at the school;
F is the total of the authority’s planned expenditure for the year in providing meals to pupils in receipt of free school meals at relevant schools;
P is the number of registered pupils in receipt of free school meals at relevant schools;
S is the number of registered pupils at the school who bought meals at the school on a date in the immediately preceding financial year determined by the Secretary of State;
G is the total of the authority’s planned expenditure for the year on school meals, other than free school meals, at relevant schools and excluding expenditure to be met from any charges for such meals;
and B is the number of registered pupils at relevant schools who bought meals at those schools on a date in the immediately preceding financial year determined by the Secretary of State.
c
In this paragraph–
“number of registered pupils” means the number of pupils on a school’s register on a date determined by the Secretary of State;
“planned expenditure” means the initial amount appropriated by the authority for meeting expenditure at all relevant schools; and “relevant schools” means all primary or all secondary schools maintained or formerly maintained by the authority required to be covered by a statement for the year under section 42 of the Act, according as to whether the school is a primary or secondary school.
6
Where there is not available to the Secretary of State (on a date determined by him and notified by him to the former maintaining authority) sufficient information as will, in his opinion, allow him to determine the amounts referred to in paragraphs (2) to (5), or where precise calculation for the purpose of determining any of those amounts in his opinion would be impracticable, would not significantly affect the amount or would be disproportionately costly having regard to the complexity of the calculation and the likely effect on the amount, the Secretary of State may determine as the amount of maintenance grant payable in respect of the school for the financial year in question such amount as appears to him to be fair and reasonable in the light of the former maintaining authority’s scheme having regard to any information which is available to him.
7
a
Subject to paragraph (8), references in this regulation to a maintained school are references to a school maintained by the former maintaining authority concerned, and references to a comparable maintained school are references to a maintained county school, any characteristics of which relevant for the purposes of any formula of a kind referred to in paragraph (2) are identical to any such characteristics of the grant-maintained school and are references (in particular) to a school–
i
the number of registered pupils in each age group at which is identical to the number of such pupils in each age group at the grant-maintained school; and
ii
any other factors affecting the needs of which (including in particular, the number of registered pupils at the school who have special educational needs and the nature of the special educational provision required to be made for them) are identical to any other factors affecting the needs of the grant-maintained school.
b
For the purposes of sub-paragraph (a) above the number of registered pupils (and the number of such pupils who have special educational needs) at the grant-maintained school is that number (in each case) determined by the Secretary of State as a number which appears to him to be or to approximate to a number of registered pupils which could under the authority’s scheme have been used in applying the allocation formula under the scheme for initial determination of the school’s budget share for the financial year in question, had the school continued to be maintained by the authority.
8
For the purposes of this regulation, it is to be assumed that there is a comparable maintained school covered by the former maintaining authority’s scheme whether or not there is in fact such a school.
9
References in paragraph (3)(a), regulation 5(5), regulation 6(b) and regulation 8(1), to any change in the characteristics of the school include, in particular, references to any change in the number of registered pupils thereat.
5
1
This regulation applies for the purpose of determining the amount of maintenance grant payable by the Secretary of State to the governing body of a school for a financial year other than one in respect of which the former maintaining authority are required to prepare a statement under section 42 of the Act, and is subject to regulations 6, 7 and 8.
2
The Secretary of State shall determine an amount which he is satisfied represents, in relation to the financial year ending last before the incorporation date, the amount of relevant expenditure incurred by the former maintaining authority in respect of the school.
3
The reference in paragraph (2) to relevant expenditure is a reference to the amount of expenditure incurred by the authority in that year in respect of the school on the heads or items specified in Schedule 1, but does not include any expenditure on the heads or items specified in Schedule 3.
4
a
There shall be added to the amount so determined an amount in respect of the authority’s planned expenditure on centrally provided services obtained by applying the formula in sub-paragraph (b) below.
b
The formula referred to in sub-paragraph (a) above is:
( N × E ) ( T ) + ( M × F ) ( P ) + ( S × G ) ( B ) ,
where
N is the number of registered pupils at the school;
E is the total of the authority’s planned expenditure on centrally provided services for the year at relevant schools, other than planned expendi ture on school meals;
T is the number of registered pupils at relevant schools; and
M, F, P, S, G and B represent the matters respectively denoted by those letters in regulation 4(5)(b).
c
In this paragraph,
“expenditure on centrally provided services” means expenditure on the heads or items specified in Schedule 2 but excludes any expenditure on the heads or items specified in Schedule 3;
“number of registered pupils” means the number of pupils on a school’s register on a date to be determined by the Secretary of State;
“planned expenditure” means the initial amount appropriated by the authority for meeting expenditure at all relevant schools; and
“relevant schools” means all primary or all secondary schools maintained or formerly maintained by the authority required to be covered by a statement for the year under section 50 of the Act, according as to whether the school is a primary or secondary school.
5
The amount determined in accordance with paragraphs (2) and (4) may be adjusted by such amount as the Secretary of State is satisfied is fair and reasonable having regard to, among other things–
i
any increase or decrease in the actual or planned level of spending of the former maintaining authority in respect of the primary or secondary schools, as the case may be, maintained by them occurring during or since the end of the financial year ending last before the incorporation date, and
ii
any significant change in the characteristics of the school occurring as aforesaid or which it appears to the Secretary of State will be likely to occur before the end of the financial year in relation to which grant is being determined.
6
The sum of the amounts determined in accordance with paragraphs (2) and (4) shall, subject to any adjustment made in accordance with paragraph (5), be the amount of maintenance grant payable to the governing body of the school for the financial year in respect of which the determination under this regulation is made.
7
Where there is not available to the Secretary of State (on a date determined by him and notified by him to the former maintaining authority) sufficient information as will, in his opinion, allow him accurately to determine the amounts referred to in paragraphs (2) or (4), or both, he may determine such amount or amounts as appears or appear to him to be fair and reasonable having regard to any information which is available to him, and his determination shall have effect as if determined under paragraph (2) or (4), as the case may be.
6
Notwithstanding the provisions of regulations 4 and 5 but subject to regulations 7 and 8, the Secretary of State may, after consulting the governing body or prospective governing body (as the case may be) of the school and the former maintaining authority, determine the amount of maintenance grant payable by the Secretary of State–
a
to the governing body of a school for a financial year in respect of which the former maintaining authority are required to prepare a statement under section 42 of the Act in accordance with the provisions of regulation 5(2) to (7), save that, in the definition of “relevant schools” in regulation 5(4)(c), for the reference to “section 50” there shall be substituted a reference to “section 42”; or
b
to the governing body of a school for any financial year, by reference to the school’s maintenance grant for the immediately preceding financial year adjusted by such amount as the Secretary of State is satisfied is fair and reasonable having regard to, among other things–
i
any increase or decrease in the actual or planned level of spending of the former maintaining authority in respect of the primary or secondary schools, as the case may be, maintained by them occurring during or since the end of the immediately preceding financial year;
ii
any significant change in the characteristics of the school occurring as aforesaid or which it appears to the Secretary of State is likely to occur before the end of the financial year in relation to which grant is being determined, and
iii
any difference between the amount of grant in respect of school meals produced by the application of the formula in regulation 4(5)(b) and the amount of such grant which would have been produced in accordance with regulation 3(4)(b) of the 1989 Regulations had that provision applied for the purpose of determining maintenance grant for the financial year in question.
Apportionment of maintenance grant
7
In the case of any school which acquires grant-maintained status otherwise than at the beginning of a financial year, the annual amount of maintenance grant payable to the governing body of the school for the first such year shall be apportioned in accordance with the following formula–
A × B × F C
where
A is the number of days in the financial year falling on or after the incorporation date of the school;
B is the amount of maintenance grant determined in accordance with (as the case may be) regulation 4, 5 or 6;
C is 365; and
F bears the value ascribed to it in the Table below according to the incorporation date of the school–
incorporation date 1 April–31 July F = 1.0 incorporation date 1 August–31 December F = 1.015 incorporation date 1 January–31 March F = 1.02.
Adjustments
8
1
Where–
a
after determining the amount of maintenance grant payable in respect of any school for any financial year (or any part of such a year) in accordance with these Regulations, it appears to the Secretary of State that, by reason of any change in the characteristics of the school or the level of spending by the former maintaining authority, or otherwise, the amount so payable should be revised, or
b
the Secretary of State is satisfied that his determination of the amount of maintenance grant in respect of any school for any financial year (or any part of such a year) was made in ignorance of, or was based on a mistake as to, some material fact, or was not in accordance with these Regulations,
he may redetermine the amount of such grant payable in respect of the school for that year (or any part of that year) in accordance with these Regulations and, if the amount so redetermined is different from the amount previously determined, revise his determination accordingly and give notice thereof to the governing body of the school and to the former maintaining authority.
2
A determination which has been revised in accordance with paragraph (1) may be further revised in accordance with that paragraph and may be so further revised not-withstanding that the Secretary of State is satisfied that the revised determination was not made in accordance with these Regulations.
Requirements which may be attached to payment of maintenance grant
9
1
The requirement set out in paragraph 1 of Schedule 4 is specified as a requirement which may be imposed by the Secretary of State on governing bodies to whom payments of maintenance grant are or have been made.
2
The Secretary of State may determine, for the purposes of the application of section 79(7) of the Act to such governing bodies, any requirement referred to in paragraphs 2 to 4 of Schedule 4.
Capital grants
10
The Secretary of State may pay capital grants in respect of expenditure of a capital nature of a class or description specified in Schedule 5 incurred or to be incurred by the governing body of a school.
Special purpose grants
11
1
The Secretary of State may pay special purpose grants in respect of expenditure of any class or description specified in Schedule 6 incurred or to be incurred by the governing body of a school–
a
for or in connection with the educational purposes so specified, or
b
in respect of any expenses so specified being expenses which it appears to the Secretary of State the governing bodies of schools cannot reasonably be expected to meet from maintenance grant.
2
Special purpose grants may be paid on a regular basis in respect of expenditure of a recurrent kind or by reference to expenditure incurred or to be incurred on particular occasions or during any particular period.
Requirements which may be attached to payment of special purpose grants
12
1
The requirements set out in paragraph 1 of Schedule 4 and paragraph (2) below are specified as requirements which may be imposed by the Secretary of State on governing bodies to whom payments of special purpose grants are or have been made.
2
The requirements referred to in paragraph (1) are–
a
a requirement that any such payment shall be applied for the purpose of defraying expenditure in respect of which it was made and for no other purpose; and
b
a requirement that such a payment shall be so applied before a date specified by the Secretary of State.
3
The Secretary of State may determine for the purposes of the application of section 79(7) of the Act to such governing bodies as are referred to in paragraph (1)–
a
any requirement referred to in paragraphs 2 to 4 of Schedule 4;
b
any requirement formulated with a view to the Secretary of State satisfying himself that a requirement imposed in accordance with paragraph (2) is being, or has been, complied with including, in particular, requirements as to the furnishing by the governing body of audited statements relating to expenditure in respect of which the grant has been paid together with such accounts, receipts, invoices and other information as he may require in order to verify the same; and
c
any requirement as to the repayment, in whole or in part, of payments made to the governing body in respect of such grant if any other requirement imposed by him in accordance with this regulation subject to which the payments were made is not complied with.
PART 3
RECOVERY OF AMOUNTS IN RESPECT OF MAINTENANCE GRANT FROM FORMER MAINTAINING AUTHORITY
Determination of amount to be recovered
13
1
Subject to paragraph (2) below, the total amount which the Secretary of State may recover from the former maintaining authority of a school in respect of any financial year beginning on or after 1st April 1990 by virtue of section 81(1) of the Act is the amount determined in accordance with these Regulations as the amount of the maintenance grant payable in respect of the school and financial year in question (as from time to time revised).
2
The amount which would otherwise fall to be determined in accordance with paragraph (1) above as the total amount recoverable from a former maintaining authority by virtue of section 81(1) of the Act in respect of any school for any financial year may be reduced by an amount not exceeding the amount outstanding in respect of any excess amount recovered from the authority under that section in respect of any previous financial year.


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Section 19 Minibus (Designated Bodies) (Amendment) Order 1990 and shall come into force on 18th September 1990.
2
In this Order, the “ principal Order ” means the Section 19 Minibus (Designated Bodies) Order 1987 .
Preliminary
2
The principal Order shall be amended in accordance with articles 3, 4 and 5 of this Order.
Amendments to article 2 (interpretation)
3
For article 2 there should be substituted the following article —
2
In this Order —
“ the Act ” means the Transport Act 1985;
“charter”, in relation to a body incorporated by charter granted in pursuance of Royal prerogative, means its charter as originally framed or as from time to time altered by supplemental charter or otherwise and includes a supplemental charter replacing the original charter;
“the Constitution of the Girls' Brigade in England and Wales” means the rules as from time to time amended entitled “The Constitution of the Girls' Brigade made under the articles of association of the Girls' Brigade as from time to time amended.”
Amendments consequential on the abolition of ILEA
4
In the Schedule —
a
for the entry in column (2) of item 5, there shall be substituted —
the council of every London borough or the Common Council of the City of London.
; and
b
items 6, 7 and 8 shall be omitted.
New designated bodies
5
In the Schedule amended as above —
a
after item 30, there shall be inserted the following item —
30A
The Central Council of Probation Committees 38 Belgrave Square, London SW1X 8NT Probation committees constituted by section 37 of the Justices of the Peace Act 1949 or the Powers of Criminal Courts Act 1973 .
b
after item 46, there shall be inserted the following item —
46A
Friends Trusts Limited Friends House, Euston Road, London NW1 2BJ Charitable bodies in relation to which the designated body acts as custodian trustee.
c
after item 47 there shall be inserted the following item —
47A
The Girls' Brigade Girls' Brigade House, Foxhall Road, Didcot, Oxfordshire OX11 7BQ Companies of girls which are units formed under the Constitution of the Girls' Brigade in England and Wales.
d
after item 65 there shall be inserted the following item —
65A
The Royal Society for the Protection of Birds The Lodge, Sandy, Bedfordshire SG19 2DL Bodies consisting of members of the society established as branches of the society in accordance with the society’s charter and statutes made thereunder.
e
after item 76 there shall be inserted the following item —
76A
The Scripture Union-Scotland 9 Canal Street, Glasgow G4 0AB Bodies which are affiliated to the designated body.
f
after item 79 there shall be inserted the following item —
79A
TocH 1 Forest Close, Wendover, Aylesbury, Buckinghamshire HP22 6BT
Bodies consisting of —
groups of members established as branches of the designated body, or
Affiliated Associations recognised by the designated body,
in accordance with its charter.
Transitional
6
1
In this article —
“ 1988 Act ” means the Education Reform Act 1988;
“ILEA” means the Inner London Education Authority;
“permit”means a permit granted under section 19 of the Transport Act 1985.
2
Section 195(2) to (9) of the 1988 Act shall cease to apply to the function of granting permits.
3
Any permit issued to a body by ILEA before 1st April 1990 (being the date upon which ILEA ceased to exist by virtue of section 192 of the 1988 Act) shall, so far as required for continuing its effect, have effect as if it had been granted by the local authority which would have power to grant such a permit to the body under item 5 of the Schedule to the principal Order as amended by this Order.
Signed by authority of the Secretary of State for Transport
Christopher Chope
Parliamentary Under Secretary of State,
Department of Transport
17th August 1990


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North Middlesex Hospital National Health Service Trust (Establishment) Order 1990 and shall come into force on 17th December 1990.
2
In this Order unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 17th December 1990;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the North Middlesex Hospital 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 North Middlesex Hospital National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to own and manage hospital accommodation and services at the North Middlesex Hospital, Sterling Way, Edmonton, London N18 1QX including the management of its teaching and research facilities.
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
2
The hospital referred to in article 3(2) is a hospital which, in the opinion of the Secretary of State, has a significant teaching and research commitment and accordingly one of the non-executive directors shall be appointed from The University of London.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1991.
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 in order to enable it to begin to operate satisfactorily from the operational date the trust shall have the limited 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 for the said purpose.
Assistance by health authorities before operational date
7
1
The Haringey 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 Haringey 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 Haringey 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
4th December 1990


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Local Government Act 1988 (Defined Activities) (Competition) (England) Regulations 1990 and shall come into force on 30th August 1990.
2
In these Regulations–
“ the Act ” means the Local Government Act 1988;
“specified authority” means–
any defined authority which has functions in England other than–
a development corporation established for the purposes of a new town;
the Commission for the New Towns; and
any joint committee which falls to be treated as a defined authority by section 1(4) of the Act and of which at least one of the members is an authority which is a specified authority by virtue of sub-paragraph (i) above;
“specified work” means functional work of any description falling within the defined activity mentioned in section 2(2)(ee) of the Act (managing sports and leisure facilities), but does not include work carried out elsewhere than in England.
Application of section 6
2
1
Where a specified authority proposes to carry out specified work on or after 1st January 1992 and before 1st August 1992 (“the first period”), or on or after 1st August 1992 and before 1st January 1993 (“the second period”), section 6 of the Act shall apply in each of those periods to the regulated amount of that work.
2
In paragraph (1) above “the regulated amount” means work to the value of the product of–
( EW × P 100 ) - Y
where–
EW
the gross amount estimated by the authority as the cost of the specified work carried out or treated as carried out by or for the authority in the financial year ending on 31st March 1991;
Y
the gross amount estimated by the authority as the cost of the specified work proposed to be carried out for but not by the authority in the relevant period; and
P
35 in respect of the first period, and 70 in respect of the second period.
3
Section 6 of the Act shall apply to any specified work which is proposed to be carried out by a specified authority on or after 1st January 1993.
Specified periods
3
The second condition, set out in section 7(3) of the Act, shall not be treated as fulfilled in respect of specified work if the period stated in the detailed specification by virtue of section 7(3)(c) is less than 4 years or exceeds 6 years.
Chris Patten
Secretary of State for the Environment
27th July 1990


text:
1
The length of the highway described in the Schedule to this Order and shown by a thick black line on the deposited plan shall, as from the date on which this Order comes into force, become a trunk road known as “The A663 Broadway, A627(M) to Manchester City Boundary, Trunk Road”.
2
In this Order —
i
“the deposited plan” means the plan numbered NWRT 5083/80/1 (1) marked “The A663 Broadway (A627(M) to Manchester City Boundary) (Trunking) Order 1990” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the A663 Road” means Broadway at Chadderton, in the Metropolitan Borough of Oldham which is a Principal Road;
iii
“A627(M)” means the Rochdale — Lancashire/Yorkshire Motorway — Oldham Special Road, which is a Principal Road Motorway.
3
This Order shall come into force on 20th March 1990 and may be cited as the A663 Broadway (A627(M) to Manchester City Boundary) (Trunking) Order 1990.
Signed by authority of the Secretary of State for Transport
D. C. Renshaw
Regional Director North West Region
Department of Transport
22nd February 1990


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Claims and Payments) Amendment Regulations 1990 and shall come into force for the purposes of regulations 1 and 3 on 8th April 1990 and for the purposes of regulation 2 on 9th April 1990.
Amendment of the Social Security (Claims and Payments) Regulations 1987
2
1
Regulation 6 of the Social Security (Claims and Payments) Regulations 1987 (date of claim) shall be amended in accordance with this regulation.
2
In paragraph (1) for the words “Subject to paragraphs (3), (4) and (5)” there shall be substituted the words “Subject to the following provisions of this regulation,”.
3
After paragraph (5) there shall be added the following paragraphs —
6
Where —
a
on or after 9th April 1990 a person satisfies the capital condition in section 22(6) of the Social Security Act 1986 for income support and he would not have satisfied that condition had the amount prescribed under regulation 45 of the Income Support (General) Regulations 1987 been £6,000; and
b
a claim for that benefit is received from him in an appropriate office not later than 27th May 1990;
the claim shall be treated as made on the date determined in accordance with paragraph (7).
7
For the purpose of paragraph (6), where —
a
the claimant satisfies the other conditions of entitlement to income support on the date on which he satisfies the capital condition, the date shall be the date on which he satisified that condition;
b
the claimant does not satisfy the other conditions of entitlement to income support on the date on which he satisfies the capital condition, the date shall be the date on which he satisfies the conditions of entitlement to that benefit.
.
Revocation
3
Regulation 2 of the Income-Related Benefits (Miscellaneous Amendments) Regulations 1990 is hereby revoked.
Signed by Authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
23rd March 1990


text:
Citation and commencement
1
This Order may be cited as the Superannuation (Children’s Pensions) (Earnings Limit) Order 1990 and shall come into force on 9th April 1990.
Increase in children’s earnings limit
2
The sum mentioned in section 21(1)(c)(ii) of the Judicial Pensions Act 1981 (which excludes from the definition of “period of childhood and full-time education” a person over 16 who is undergoing training if the emoluments payable by his employer are more than the said sum) is hereby increased from £1299 to £1398.
Revocation of previous order
3
The Superannuation (Children’s Pensions) (Earnings Limit) Order 1989 is hereby revoked.
John Taylor
Thomas Sackville
Two of the Lords Commissioners of Her Majesty’s Treasury
12th February 1990


text:
Citation and commencement
1
1
This Act of Sederunt may be cited as the Act of Sederunt (Registration Appeal Court) 1990 and shall come into force on 22nd October 1990.
2
This Act of Sederunt shall be inserted in the Books of Sederunt.
Registration Appeal Court
2
1
From the date this Act of Sederunt comes into force, the court of three judges for hearing registration appeals under section 57 of the Representation of the People Act 1983 shall be the Honourable Lord Cowie, the Honourable Lord Morison and the Right Honourable the Lord Morton of Shuna.
2
From the date this Act of Sederunt comes into force, the Act of Sederunt (Registration Appeal Court) 1989 is revoked.
J.A.D. Hope
Lord President, I.P.D.
Edinburgh,
28th September 1990


text:
Title, commencement and extent
1
1
These Regulations may be cited as the Food Labelling (Amendment) (Irradiated Food) Regulations 1990 and shall come into force on 1st January 1991.
2
These Regulations apply to England and Wales.
Amendment of previous regulations — general
2
The Food Labelling Regulations 1984 shall be amended as specified in the following provisions of these Regulations and any reference in those provisions to any specified provision shall, unless the context requires otherwise, be taken to be a reference to the provision so specified in the Food Labelling Regulations 1984.
Amendment of regulation 2
3
In regulation 2(1) (interpretation), after the definition of “intense sweetener”, there shall be inserted the following definitions:
“ionising radiation” means any gamma rays, x-rays or corpuscular radiations which are capable of producing ions either directly or indirectly other than those rays or radiations —
which are emitted by measuring or inspection devices,
which are emitted at an energy level no higher than the appropriate maximum level, and
the dose of energy imparted by which does not exceed 0.5Gy,
and for the purposes of this definition the appropriate maximum level is 10 MeV in the case of x-rays and 5 MeV otherwise;
“irradiated” means subjected to treatment by ionising radiation;
.
Amendment of regulation 15
4
In regulation 15 (names of ingredients) —
a
after paragraph (1) there shall be inserted the following paragraph:
1A
The name used in any list of ingredients for any food which has been irradiated shall include or be accompanied by the word “irradiated” or the words “treated with ionising radiation.”;
and
b
in paragraph (2), after the word “Where”, there shall be inserted the words “, in any case other than one to which paragraph (1A) of this regulation applies,”.
Substitution of regulation 24(2)
5
For paragraph (2) of regulation 24 (food which is not prepacked and similar food) there shall be substituted the following paragraph:
2
Food to which this regulation applies need not be marked or labelled with any of the particulars specified in regulation 6, except that —
a
any such food which has been irradiated and is exposed for sale shall be marked or labelled with the name of the food, and
b
any such food which has not been irradiated, other than —
i
food which is not exposed for sale,
ii
white bread,
iii
flour confectionery, and
iv
carcasses and parts of carcasses which are not intended for sale in one piece,
shall be marked or labelled with the name of the food.
.
Insertion of regulation 26A
6
After regulation 26 there shall be inserted the following regulation:
Indication of irradiated ingredients
26A
1
Subject to paragraph (2) below, any food which —
a
by virtue of regulation 24 or 25 alone is exempted from the requirement to be marked or labelled with a list of ingredients, and
b
contains any ingredient which has been irradiated (and which comprises a particular with which, had that food not been subject to that exemption, the food would have been required by these Regulations to be marked or labelled),
shall be marked or labelled with an indication that it contains that ingredient, and in such a case the reference within that indication to that ingredient shall include or be accompanied by the word “irradiated” or the words “treated with ionising radiation”.
2
This regulation does not apply to food which is not exposed for sale.
.
Amendment of regulation 28
7
In regulation 28 (food for immediate consumption where sold) —
a
for paragraph (1) there shall be substituted the following paragraphs:
1
Subject to paragraph (3A) of this regulation, any food which has not been irradiated and —
a
is not prepacked, and
b
is sold at a catering establishment for immediate consumption there, and
c
is not food to which regulation 29 applies,
need not be marked or labelled with any of the particulars specified in regulation 6.
1A
Subject to paragraph (3A) of this regulation, any food which has been irradiated and —
a
is not prepacked, and
b
is sold at a catering establishment for immediate consumption there, and
c
is not food to which regulation 29 applies,
need not be marked or labelled with any of the particulars specified in regulation 6 except the name of the food.
;
b
in each of paragraphs (2) and (3), at the beginning, for the word “Any” there shall be substituted the words “Subject to paragraph (3A) of this regulation, any”; and
c
after paragraph (3) there shall be inserted the following paragraph:
3A
Where any food to which paragraph (1), (1A), (2) or (3) of this regulation applies contains an ingredient which has been irradiated (and which comprises a particular with which, had that food been prepacked, the food would have been required by these Regulations to be marked or labelled), that food shall (subject to regulation 33(1B) to (1D)) be marked or labelled with an indication that it contains that ingredient and the reference within that indication to that ingredient shall include or be accompanied by the word “irradiated” or the words “treated with ionising radiation”.
.
Amendment of regulation 29
8
In regulation 29 (other food for immediate consumption) —
a
for paragraph (2) there shall be substituted the following paragraph:
2
Food to which this regulation applies need not be marked or labelled with any of the particulars specified in regulation 6 —
a
in a case where the food neither has been irradiated nor contains any ingredient which has been irradiated, if, subject to paragraph (5) of this regulation, the provisions of paragraph (3) or, as the case may be, (4) of this regulation are observed,
b
in a case where the food has been irradiated, if the provisions of paragraph (3) or, as the case may be, (4) of this regulation are observed, and
c
in a case where the food contains an ingredient which has been irradiated, if the provisions of paragraph (4A) of this regulation are observed and, subject to paragraph (5) of this regulation, the provisions of paragraph (3) or, as the case may be, (4) of this regulation are observed.
;
b
after paragraph (4) there shall be inserted the following paragraph:
4A
Where any food to which this regulation applies contains an ingredient which has been irradiated (and which comprises a particular with which, had that food been prepacked, the food would have been required by these Regulations to be marked or labelled), that food shall (subject to regulation 33(1B) to (1D)) be marked or labelled with an indication that it contains that ingredient and the reference within that indication to that ingredient shall include or be accompanied by the word “irradiated” or the words “treated with ionising radiation”.
; and
c
for paragraph (5) there shall be substituted the following paragraph:
5
Subject to —
a
paragraphs (3) and (4) of this regulation insofar as they relate to food which has been irradiated, and
b
paragraph (4A) of this regulation,
prepared meals provided for persons staying at a hotel or other establishment at which sleeping accommodation is provided by way of trade or business need not be marked or labelled with any of the particulars specified in regulation 6.
.
Amendment of regulation 33
9
In regulation 33 (food to which regulation 24, 25, 28, 29 or 31A applies) —
a
in paragraph (1), after the words “by these Regulations shall”, there shall be inserted the words “, except in a case to which paragraph (1A) of this regulation applies,”; and
b
after paragraph (1) there shall be inserted the following paragraphs:
1A
In any case where food to which paragraph (1) of this regulation applies has been or contains an ingredient which has been irradiated and that food is sold and delivered to the ultimate consumer in a catering establishment, the particulars with which it is required to be marked or labelled by these Regulations shall appear on a menu, notice, ticket or label that is readily discernible by an intending purchaser at the place where he chooses that food.
1B
In any case to which paragraph (1A) of this regulation applies use of alternative labelling shall not alone be treated as a contravention of these Regulations and for this purpose alternative labelling is used where, instead of the particulars referred to in that paragraph appearing in the manner specified therein, alternative particulars are displayed in accordance with paragraph (1C), with paragraph (1D) or with paragraphs (1C) and (1D) of this regulation.
1C
Alternative particulars are displayed in accordance with this paragraph in relation to any ingredient which has been irradiated if there appears, in the manner specified in paragraph (1A) of this regulation, an indication that the food of which that irradiated ingredient forms part may contain that irradiated ingredient and if the reference within that indication to that ingredient includes or is accompanied by the word “irradiated” or the words “treated with ionising radiation”.
1D
Alternative particulars are displayed in accordance with this paragraph if the irradiated ingredients to which they relate are dried substances normally used for seasoning, if there appears, in the manner specified in paragraph (1A) of this regulation, an indication to the effect that food sold in the catering establishment contains (or may contain) those irradiated ingredients and if the reference within that indication to those ingredients includes or is accompanied by the word “irradiated” or the words “treated with ionising radiation”.
.
Amendment to Schedule 2
10
At the end of Schedule 2 (indications of treatment) there shall be inserted the following paragraph:
Irradiated food
5
The name used for a food which has been irradiated shall include or be accompanied by the word “irradiated” or the words “treated with ionising radiation”.
.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereto affixed on 7th December 1990.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Stephen Dorrell
Parliamentary Under Secretary of State for Health
10th December 1990
David Hunt
Secretary of State for Wales
7th December 1990


text:
1
This Order may be cited as the Public Telecommunication System Designation (Cable Communications (Barnsley) Limited) Order 1990 and shall come into force on 15th January 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
11th December 1990


text:
Citation and commencement
1
1
This Order may be cited as the Education (Inner London Education Authority) (Property Transfer) (No. 2) Order 1990 and shall come into force on 1st April 1990.
Interpretation
2
1
In this Order “the principal Order ” means the Education (Inner London Education Authority) (Property Transfer) Order 1990 .
2
Expressions used in this Order have the meaning they bear in the principal Order.
3
Unless the context otherwise requires any reference in this Order to–
a
a numbered article or schedule is a reference to the article or schedule in this Order so numbered; and
b
a numbered paragraph is a reference to the paragraph so numbered in the article or schedule in which the reference appears.
Amendment of the principal Order
3
1
The principal Order shall be amended in accordance with the provisions of this article.
2
In the definition of Condition A in article 2(2) thereof the words “wholly or mainly” shall be added after the words “ceases to be used”.
3
In article 5(3) thereof after sub-paragraph (b) shall be added the word “and” and the following sub-paragraph–
c
to property which is normally kept in or on land and which is immediately before 1st April 1990 on loan from ILEA to another person or body,
.
4
There shall be added at the end of each schedule thereto the land specified as respects each such schedule respectively in column 1 of Parts 1–13 of Schedule 1 to this Order, subject in the cases of Parts 2–13 to the conditions (if any) specified in relation to the land in column 2.
5
Any land specified in Schedule 1 to this Order which is also specified in a schedule to the principal Order shall be deleted from the relevant schedule to the principal Order.
Transfer of property
4
1
The property specified in Parts 1–12 of Schedule 2 shall vest in the body specified in that respect in each of those Parts respectively.
2
Article 5 of the principal Order shall apply to the property specified in Schedule 3 subject to the condition specified in paragraph (3).
3
The condition is that the body in which the property vests shall as soon as practicable after 31st March 1990 negotiate with any other body wishing to acquire any of the property for the purpose of agreeing which property should transfer at a nil consideration no later than 1st September 1990 to that other body.
5
1
Subject to paragraph (2) the copyright and other intellectual property rights of ILEA in and to the works, materials and other matters specified in, or associated with the locations specified in, each Part of Schedule 4 shall vest in the body specified in the heading to each such Part respectively.
2
For the purposes of paragraph (1) and Schedule 4 works, materials and other matters are associated with a specified location if they were produced in the course of employment by employees of ILEA working or based at that location.
6
Any transfer of land which includes school buildings effected by Article 3 of the principal Order also includes, subject to Condition B, any dwelling-house within the curtilage of any such building which is not used immediately before 1st April 1990 for the purposes of a schoolkeeper’s dwelling.
Employees in voluntary aided schools
7
All rights and liabilities of ILEA immediately before 1st April 1990 in relation to any employee of the governing body of any voluntary aided school shall vest in the inner London council designated in relation to the school by an order made under section 166 of the Act .
Transfer of rights and liabilities: ILEA employees
8
Article 6(6) of the principal Order shall apply to any payment which by virtue of section 172(3)(a) of the Act would fall to be made or received by any other body in respect of any liability thereunder relating to any former employee of ILEA who prior to 1st April 1990 sustained injury in the course of his employment or who, before that date, sustained an injury resulting in death in the course of his employment.
School and college cash, funds and accounts
9
1
This article applies to–
a
all cash held at any school maintained by ILEA immediately before 1st April 1990, and the balances of any funds or accounts held or managed in the name of and for the benefit of any such school;
b
all cash held at any institution of further or higher education maintained by ILEA immediately before 1st April 1990 and the balances of any funds and accounts held or managed in the name of or for the benefit of any such institution; and
c
all cash held at any of the establishments specified in column 1 of Schedule 5 and to the balance of any funds or accounts held or managed in the name of and for the benefit of any such establishment.
2
The interests of ILEA in any cash and the balance of any fund or account to which this article applies, together with all sums properly chargeable to or payable from any such account or fund and the rights and liabilities of ILEA in respect thereof, shall vest in the inner London council designated in relation to the school by an order made under section 166 of the Act, in the local education authority responsible for the maintenance of the institution of further or higher education to which any such cash or balance relates, or in the transferee authority specified in column 2 of Schedule 5, as the case may be.
3
Nothing in this article shall apply to cash held at or any funds or accounts held or managed in the name of or for the benefit of–
The London College of Furniture,
41–47 Commercial Road, E1 1LA and Farrance Street, E14 in the London Borough of Tower Hamlets;
Cardinal Vaughan School,
89 Addison Road, W14 8BZ in the London Borough of Kensington and Chelsea; and
The London Nautical School,
61 Stamford Street, SE1 in the London Borough of Southwark.


text:
PART I
GENERAL
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Recoupment) Regulations 1990 and shall come into force —
for the purposes of this regulation and regulations 5, 6, 7, 8 and 16 on 2nd April 1990;
for the purposes of regulations 2, 9, 10, 13 and 15 on 9th July 1990; and
for all other purposes on 3rd September 1990.
2
In these Regulations —
“the 1989 Act ” means the Social Security Act 1989;
“Schedule 4” means Schedule 4 to the 1989 Act; and
“the Compensation Recovery Unit ” means the Compensation Recovery Unit of the Department of Social Security at Reyrolle Building, Hebburn, Tyne and Wear.
3
In these Regulations, unless the context otherwise requires, a reference —
a
to a numbered regulation is to the regulation in these Regulations bearing that number; and
b
in a regulation to a numbered paragraph is to the paragraph in that regulation bearing that number.
PART II
BENEFITS AND PAYMENTS
Relevant benefits
2
1
The following benefits are relevant benefits for the purposes of section 22 of the 1989 Act —
a
attendance allowance,
b
disablement benefit (including disablement pensions) payable in accordance with sections 57 to 63 of the principal Act,
c
family credit,
d
income support, under Part II of the Social Security Act 1986 , including personal expenses addition, special transitional additions and transitional addition as defined in the Income Support (Transitional) Regulations 1987 ,
e
invalidity pension and allowance,
f
mobility allowance,
g
benefits payable under schemes made under the Old Cases Act,
h
reduced earnings allowance,
i
retirement allowance,
j
severe disablement allowance,
k
sickness benefit,
l
statutory sick pay,
m
unemployment benefit,
n
any increase in any of the benefits mentioned above payable in accordance with the Social Security Acts 1975 to 1989 or the Old Cases Act or with any regulations, Order in Council, order or scheme made thereunder.
2
In paragraph (1) references to, respectively, invalidity pension and allowance, severe disablement allowance, sickness benefit and unemployment benefit include also a reference to any income support paid with each of those benefits on the same instrument of payment, and for this purpose, income support includes personal expenses addition, special transitional additions and transitional addition as defined in the Income Support (Transitional) Regulations 1987.
Small payments
3
1
A person shall be exempted from liability to make the relevant deduction or the relevant payment where the amount of the compensation payment in question, or the aggregate amount of 2 or more connected compensation payments, does not exceed £2,500.
2
Where an amount has been deducted and paid to the Secretary of State which, by virtue of paragraph (1), ought not to have been so deducted and paid, the Secretary of State —
a
Where he is satisfied that the whole of the amount ought to have been paid to the intended recipient, shall pay the whole of that amount to that person;
or
b
Where he is not so satisfied, shall either pay the whole of the amount to the compensator or pay to the compensator that part of the amount which he would have been entitled to retain and to the intended recipient that part which he would have been entitled to receive had the amount not been so deducted and paid.
Exempt payments
4
The following payments shall be exempt payments for the purposes of section 22 of the 1989 Act —
a
any payment made out of property held for the purpose of the charitable trust called the Macfarlane Trust and established partly Out of funds provided by the Secretary of State to the Haemophilia Society for the relief of poverty or distress among those suffering from haemophilia;
b
any compensation payment made by British Coal in accordance with the NCB Pneumoconiosis Compensation Scheme set Out in the Schedule to an agreement made on the 13th September 1974 between the National Coal Board, the National Union of Mine Workers, the National Association of Colliery Overmen Deputies and Shot-firers and the British Association of Colliery Management;
c
any payment made to the victim in respect of sensorineural hearing loss where the loss is less than 50 db in one or both ears; and
d
any contractual amount paid to an employee by an employer of his in respect of a day of incapacity for work.
PART III
ADMINISTRATION AND ADJUDICATION
Information to be provided by compensator
5
A person who is, or is alleged to be, liable in respect of an accident, injury or disease, or any person acting on his behalf, shall furnish the Secretary of State with the following information in respect of that accident, injury or disease —
a
the full name and the address of any person seeking compensation or in respect of whom compensation is sought;
b
where known the date of birth or the national insurance number of that person, or both if both are known;
c
where the liability arises, or is alleged to arise, in respect of —
i
an accident or injury, the date of the accident or injury, or
ii
a disease, the date the disease was diagnosed;
d
the nature of the accident, injury or disease; and
e
where known, whether at the time of the accident or injury or diagnosis of the disease, the person was employed under a contract of service, and if he was, the name and address of his employer at that time and the person’s payroll number.
Information to be provided by victim
6
1
A person who claims (whether on behalf of himself or another) a relevant benefit or has been in receipt of such a benefit, shall furnish the Secretary of State with such of the following information relating to any accident, injury or disease the victim has suffered as the Secretary of State requests —
a
whether the accident, injury or disease resulted from any action taken by another person, or from any failure of another person to act, and if so, the full name and the address of that other person;
b
whether he has claimed or may claim a compensation payment, and if so, the full name and the address of the person against whom the claim was or may be made;
c
the amount of any compensation payment and the date on which it was made;
d
the relevant benefit claimed, the date from which benefit was first claimed and the amount of the benefit received in the period beginning with that date and ending with the date the information is sent;
e
in the case of a person who has received or is entitled to receive statutory sick pay during the relevant period, the name and address of any employer who is or was liable to make these payments to him during the relevant period and the dates the employment with that employer began and ended; and
f
any changes in the medical diagnosis relating to the condition arising from the accident, injury or disease.
2
In this regulation, “person” includes a deceased person’s personal representative.
Information to be provided by employer
7
Any person —
a
who is the employer of a person who suffers or has suffered an accident, injury or disease, or
b
who has been an employer of such a person at any time during the relevant period,
shall furnish the Secretary of State with such of the following information relating to the payment of statutory sick pay as the Secretary of State requests —
i
the amount of any Statutory sick pay he is liable to pay or has paid to the victim since the first day of the relevant period;
ii
the date the liability first arose and the rate at which statutory sick pay is or was payable;
iii
the date that such liability terminated or is likely to terminate; and
iv
the causes of the incapacity for work during any periods of entitlement to statutory sick pay.
Sending information
8
A person who furnishes the Secretary of State with information shall do so by sending it in writing to the Compensation Recovery Unit not later than 14 days after —
a
where he is a person to whom regulation 5 applies, the date he receives a claim for compensation from the victim in respect of the accident, injury or disease;
b
where he is a person to whom regulation 6 or 7 applies, the date the Secretary of State requests the information from him.
Particulars to be stated before liability of compensator becomes unenforceable
9
The following particulars are prescribed for the purposes of paragraph 15(1)(a)(i) of Schedule 4 (particulars to be stated before liability of compensator becomes unenforceable) —
a
the full name of the victim together with his address, and either his date of birth or national insurance number or both if both are known,
b
unless already furnished to the Secretary of State in accordance with regulation 5 —
i
where the liability arises or is alleged to arise in respect of an accident or injury, the date of that accident or injury, or where it arises or is alleged to arise in respect of a disease, the date the disease was diagnosed;
ii
the nature of the accident, injury or disease; and
iii
where known, whether at the time of the accident or injury or the diagnosis of the disease the victim was employed under a contract of service, and if he was, the name and address of his employer at that time and the person’s payroll number.
Acknowledgement of compensator’s request
10
Where the compensator requests a certificate of total benefit in accordance with paragraph 15(1)(a) of Schedule 4, the Secretary of State shall send to the compensator, as soon as reasonably practicable, a written acknowledgement of the receipt of the request stating the day on which the request was received.
Appeals
11
1
Any appeal against a certificate of total benefit shall be in writing and shall be made by sending or delivering it to the Compensation Recovery Unit
a
not later than 3 months after the date the compensator made the relevant payment; or
b
where the certificate was reviewed by the Secretary of State in accordance with Regulation 13 not later than 3 months from the date the certificate is confirmed, or as the case may be, a fresh certificate issued.
2
Any appeal under this regulation shall contain particulars of the grounds on which it is made.
3
Where an earlier compensation payment has been made and subsequently one or more later payments are made to or in respect of the same victim in respect of the same accident, injury or disease (whether by the same or another compensator), the date referred to in paragraph (1)(a) is the date of the last of those later payments.
4
The time for making an appeal may be extended for special reasons by the chairman of the tribunal to which the appeal is referred, even though the time limit may have already expired.
5
Any application for an extension of time under paragraph (4) shall be made in writing and shall be determined by the chairman.
6
An application under paragraph (4) for an extension of time which has been refused shall not be renewed.
7
Where it appears to the chairman of the tribunal to whom the appeal was referred that the appeal gives insufficient particulars to enable the question at issue to be determined, he may require the person making the appeal to furnish such further particulars as may reasonably be required.
Withdrawal of appeal
12
A person who has made an appeal under regulation 11 may withdrawthat appeal —
a
before the hearing begins by giving notice in writing of his intention to withdraw the appeal to the Appeal Tribunal to whom the appeal was made and with the consent in writing of the Secretary of State;
b
after the hearing has begun and before the determination is made, with the leave of the chairman of the Appeal Tribunal.
Review
13
The Secretary of State may treat any appeal as an application forreview under paragraph 16 of Schedule 4, notwithstanding that thecertificate of total benefit was not issued in ignorance of or based on amistake as to some material fact or that a mistake (whether in computationor otherwise) has not occurred in its preparation.
PART IV
MISCELLANEOUS MATTERS
Benefits exceed compensation
14
Where, after making the relevant deduction from the compensationpayment, there is no balance remaining for payment to the intendedrecipient, any reference in Schedule 4 to the making of the compensationpayment shall be construed as a reference to the acceptance by the intendedrecipient of an offer in respect of his claim against the compensator.
Foreign compensators
15
Where immediately before the making of a compensation payment, the compensator is not resident and does not have a place of business in Great Britain, then these Regulations shall be modified in their application to the intended recipient in accordance with the following provisions —
a
regulation 5 shall apply with the additional requirement that the intended recipient supply the Secretary of State with the name of the compensator and his address; and
b
regulation 9 shall apply with the additional requirement that he supply the Secretary of State with details of —
i
the amount of the compensation paid to him, and
ii
whether that payment represents the final payment in respect of the accident, injury or disease.
Transitional provisions and saving
16
1
A compensator who may make a compensation payment after 2nd September 1990 in respect of an accident, injury or disease which occurred on or after 1st January 1989 but before 2nd April 1990, shall so inform the Secretary of State as soon as reasonably practicable.
2
Where an accident or injury occurred or a disease was diagnosed before 1st January 1989 and a compensation payment in respect of that accident, injury or disease is or may be made after 2nd September 1990, then
a
the provisions of Section 2 of the Law Reform (Personal Injuries) Act 1948 shall apply to that payment as though the amendment made to it in paragraph 22 of Schedule 4 to the 1989 Act, had not been enacted, and
b
the payment shall be calculated as if section 22(6) of that Act had not been enacted.
Signed by authority of the Secretary of State for Social Security.
Henley
Parliamentary Under-Secretary of State,
Department of Social Security
13th February 1990.
We consent,
D Lightbown
Stephen Dorrell
Two of the Lords Commissioners of Her Majesty’s Treasury
21st February 1990


text:
Commencement and citation
1
1
This Order may be cited as the Traffic Areas (Reorganisation) Order 1990.
2
Subject to paragraph (3), the provisions of the Order shall come into force on 1st June 1991 or 2 months after the day on which this Order is approved by resolution of each House of Parliament (whichever is the later).
3
Article 8 shall come into force on the 14th day after the day on which the Order is approved by resolution of each House of Parliament.
Revocation
2
The Traffic Areas (Reorganisation) ( No. 2) Order 1983 is hereby revoked.
Interpretation
3
1
In this Order —
“the 1968 Act ” means the Transport Act 1968 ;
“the 1981 Act ” means the Public Passenger Vehicles Act 1981;
“the 1983 Order ” means the Traffic Areas (Reorganisation) (No. 2) Order 1983;
“new area” and “transferred area” shall be construed in accordance with article 4(6);
“goods vehicle operator’s licence” means an operator’s licence within the meaning of section 60(1) of the 1968 Act;
“operating centre”, in relation to a goods vehicle operator’s licence, has the meaning given by section 92 of the 1968 Act and, in relation to a PSV operator’s licence has the meaning given by section 82 of the 1981 Act;
“reorganisation date” has the meaning given by article 4;
“PSV operator’s licence” has the meaning given by section 82(1) of the 1981 Act.
2
In this Order, a reference to a traffic commissioner for an area, in relation to anything done before section 3 of the Transport Act 1985 came into force, includes a reference to the traffic commissioners or the chairman of the traffic commissioners for the area (as appropriate).
3
In this Order, unless the context otherwise requires, any reference to —
a
a numbered article is a reference to the article bearing that number in this Order;
b
a numbered paragraph is a reference to the paragraph bearing that number in the article in which it appears.
New areas
4
1
In this Order “reorganisation date” means the date that this article comes into force.
2
On reorganisation date, the Metropolitan Traffic Area shall be abolished. In accordance with paragraph (5), the greater part of the area which that Area comprises shall become part of the area of the traffic area known at the date of the making of this Order as the South-Eastern Traffic Area and the rest shall become part of the Eastern Traffic Area.
3
On and after reorganisation date the South-Eastern Traffic Area shall be known as the South-Eastern and Metropolitan Traffic Area.
4
Notwithstanding the revocation of the 1983 Order, the remaining 8 traffic areas specified in the Schedule to that Order shall continue to exist.
5
On reorganisation date the limits of those 8 areas shall be those specified in Schedule 1 to this Order and the limits of the following traffic areas —
a
the North-Western Traffic Area,
b
the North-Eastern Traffic Area,
c
the Eastern Traffic Area,
d
the Western Traffic Area, and
e
the area known at the date of the making of this Order as the South-Eastern Traffic Area,
shall be altered accordingly.
6
In this Order —
“transferred area” means an area which immediately before reorganisation date is in one traffic area and after that date, by virtue of this Order, becomes part of another traffic area; and
“new area”, in relation to a transferred area, means the traffic area of which, on and after reorganisation date, the transferred area forms part.
Construction and amendments of enactments and other documents
5
1
In section 80(1) of the 1981 Act, for the words “in Article 4(2) of, and the Schedule to, the Traffic Areas (Reorganisation) (No. 2) Order 1983” there shall be substituted the words “in article 4 of, and Schedule 1 to, the Traffic Areas (Reorganisation) Order 1990”.
2
Any reference in any enactment passed or made before reorganisation date or in any other document made or issued before that date to the Metropolitan Traffic Area or to the Traffic Commissioner for that Area shall, in relation to any time on or after that date, be construed as a reference to the South-Eastern and Metropolitan Traffic Area or (as the case may be) the Traffic Commissioner for that Area.
Traffic Commissioners
6
1
Subject to paragraph (2), nothing in this Order shall affect the appointment of the traffic commissioner or a deputy traffic commissioner for any of the 8 traffic areas that remain in existence after reorganisation date.
2
The Traffic Commissioner for the South-Eastern Traffic Area shall on and after reorganisation date be known as the Traffic Commissioner for the South-Eastern and Metropolitan Traffic Area.
Debts and liabilities
7
1
Any debt due to the Traffic Commissioner for the Metropolitan Traffic Area immediately before reorganisation date shall become due to the Traffic Commissioner for the South-Eastern and Metropolitan Traffic Area and any debt due to any other traffic commissioner shall continue to be due to that traffic commissioner.
2
Any liability of the Traffic Commissioner of the Metropolitan Traffic Area outstanding immediately before reorganisation date shall become a liability of the traffic Commissioner for the South-Eastern and Metropolitan Traffic Area and any liability of any other traffic commissioner shall continue to be a liability of that traffic commissioner.
Goods vehicle operators' and PSV operators' licences
8
Schedule 2 to this Order shall have effect in relation to goods vehicle operators' licences and PSV operators' licences.
Continuity of exercise of functions
9
1
Nothing in this Order shall affect the validity of anything done by a traffic commissioner before reorganisation date.
2
Anything which immediately before reorganisation date is in the process of being done by or in relation to a traffic commissioner in relation to a transferred area may be continued by or in relation to the traffic commissioner for the new area.
3
Anything done by or in relation to a traffic commissioner before reorganisation date in relation to a transferred area shall, so far as is required for continuing its effect on or after that date, have effect as if done by or in relation to the traffic commissioner for the new area.
4
Without predudice to the generality of paragraphs (2) and (3), those paragraphs apply in particular to —
a
any decision or determination made by a traffic commissioner;
b
any licence, permission, consent, approval, authorisation, exemption, dispensation or relaxation granted by a traffic commissioner;
c
any notice, direction or certificate given by or to a traffic commissioner;
d
any application, request, proposal, representation or objection made to a traffic commissioner;
e
any condition or requirement imposed by a traffic commissioner;
f
any fee paid by or to a traffic commissioner;
g
any appeal against a decision of a traffic commissioner and any Order made on such an appeal;
h
any appeal allowed or dismissed by a traffic commissioner;
i
any proceedings instituted by or against a traffic commissioner.
5
The foregoing provisions of this article are subject to article 7 and without prejudice to Schedule 2.
Inquiries
10
1
This article applies where —
a
an inquiry held by a traffic commissioner under any Act or statutory instrument has begun before reorganisation date; and
b
but for this article, the matter to be determined at the inquiry would fall to be determined in whole or in part by the traffic commissioner for a different traffic area.
2
In such a case, the traffic commissioner holding the inquiry may if he thinks fit, on and after reorganisation date, continue to hold the inquiry (if it is not already completed) and, after it has been completed, make the determination.
3
Any determination made by virtue of this article shall have effect as if it had been made by the traffic commiss*ioner to whom, but for this article, the determination would have fallen to be made.
4
Paragraphs (1) to (3) shall apply with appropriate modification where an inquiry is held by a deputy traffic commissioner.
Signed by authority of the Secretary of State for Transport.
Christopher Chope
Parliamentary Under Secretary of State,
Department of Transport
19th December 1990


text:
Citation and Commencement
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No. 3) Regulations 1990 and shall come into force on 29th June 1990.
Preliminary
2
1
The Road Vehicles (Construction and Use) Regulations 1986 shall be further amended in accordance with the provisions of these Regulations.
2
The Secretary of State is satisfied that —
a
it is requisite that the provisions of regulation 3 shall apply as from 29th June 1990 to vehicles registered under the Vehicles (Excise) Act 1971 before the expiration of one year from the making of these Regulations; and
b
notwithstanding that the said provision will then apply to those vehicles, no undue hardship or inconvenience will be caused thereby.
Amendments to regulation 7 (length of vehicle and combination of vehicles)
3
1
Regulation 7 shall be amended as follows.
2
After sub-paragraph (b) of paragraph (3) there shall be added —
or
c
an articulated vehicle, the semi-trailer of which is a low loader manufactured before 1st April 1991.
3
In paragraph (6), the words “or if there is more than one king-pin, the foremost one,” in sub-paragraph (a) and the words “or, if there is more than one king-pin, the rearmost one,” in sub-paragraph (b) shall be omitted.
4
After paragraph (7) there shall be inserted the following paragraph —
7A
Where a semi-trailer has more than one king-pin or is constructed so that it can be used with a king-pin in different positions, references in this regulation to a distance from the king-pin shall be construed as the distance from the rearmost king-pin or, as the case may be, the rearmost king-pin position.
Amendments to regulation 13A (turning circle — articulated vehicles other than those incorporated in a car transporter
4
In regulation 13A (2), the word “and” shall be inserted at the end of sub-paragraph (a) and sub-paragraph (b) shall be omitted.
Signed by authority of theSecretary of State for Transport
Robert Atkins
Parliamentary Under Secretary of State,
Department of Transport
31st May 1990


text:
1
The new highways which the Secretary of State proposes to construct —
a
along the route described in Schedule 1 (the highway along this route being in this Order referred to as “the main new trunk road”); and
b
along the routes described in Schedule 2 which connect the main new trunk road with other highways (the highways along these routes being in this order referred to as “the slip 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 new trunk roads that —
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purpose of through traffic.
4
Rainhill Stoops Roundabout shall become a trunk road as from the date when this Order comes into force.
5
In this Order: —
a
all measurements of distance are measured along the route of the relevant highway;
b
i
“the deposited plan” means the plan numbered HA 105/1 CNW 285, marked “The Rainhill Stoops to Queensway Trunk Road (A568 Widnes Eastern Bypass and Slip Roads) Order 1990”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the new trunk roads” means the highways mentioned in article 1, and “a new trunk road” means one of those highways; and
iii
“Rainhill Stoops Roundabout” means the existing Rainhill Stoops Roundabout, at Junction 7 of the M62 Motorway, shown by a dotted line on the deposited plan; and
c
reference to an article or Schedule followed by a number is a reference to the article in, or schedule to, this Order which bears that number.
6
This Order shall come into force on 2nd April 1991 and may be cited as the Rainhill Stoops to Queensway Trunk Road (A568 Widnes Eastern Bypass and Slip Roads) Order 1990.
Signed by authority of the Secretary of State for Transport
D. C. Renshaw
Regional Director North West Region
Department of Transport
9th July 1990


text:
1
This Order may be cited as the Public Telecommunication System Designation (Diamond Cable (Nottingham) Ltd) Order 1990 and shall come into force on 13th June 1990.
2
Each of the Applicable Cabled Systems is hereby designated as a public telecommunication system.
Eric Forth
Parliamentary Under Secretary of State,
Department of Trade and Industry
9th May 1990


text:
Citation and commencement
1
This Order may be cited as the Area Boards (Payments for Use of Tax Losses) Order 1990 and shall come into force on 12th March 1990.
Interpretation
2
In this Order, “relevant event” means any claim, election, application or notice under the Corporation Tax Acts which is made, given, revoked or varied after the date on which this Order comes into force.
Directions to the Area Boards: payments to the Generating Board
3
1
The Secretary of State hereby directs each Area Board to pay to the Generating Board the sum specified against the name of the Area Board in the Table.
TABLE
Name of Area Board Sum to be paid to Generating Board in £1000
London Electricity Board £146,500 South Eastern Electricity Board £48,700 Southern Electricity Board £110,700 South Western Electricity Board £39,000 Eastern Electricity Board £123,000 East Midlands Electricity Board £79,800 Midlands Electricity Board £55,700 South Wales Electricity Board £22,600 Merseyside and North Wales Electricity Board £16,400 Yorkshire Electricity Board £77,800 North Eastern Electricity Board £60,700 North Western Electricity Board £49,100
2
The sums specified in the Table in paragraph (1) of this article shall be paid by the Area Boards to the Generating Board not later than 20th March 1990.
Directions to the Area Boards: further payments
4
1
The Secretary of State hereby further directs each Area Board to pay to the Generating Board in respect of each relevant accounting period of the Area Board a sum calculated in accordance with the formula–
A × 35 100
where–
A is the amount by which the profits for the accounting period in question on which, on the relevant assumption, the Area Board would have borne corporation tax are increased as the result of a relevant event.
2
In paragraph (1) of this article–
“relevant accounting period” means an accounting period ending before the transfer date in respect of which, on the relevant assumption, the Area Board is liable to pay corporation tax;
“the relevant assumption” means the assumption mentioned in section 89(2)(a) of the Electricity Act 1989.
Time for making further payments
5
Each payment made pursuant to article 4 of this Order shall be made within the period of 28 days beginning with the day on which the Electricity Council certifies that so much of its profits and losses (as ascertained for the purposes of corporation tax) as are relevant for the purpose have been increased as a result of the relevant event.
Interest payments
6
The Secretary of State also hereby directs each Area Board, with each sum paid to the Generating Board pursuant to article 4 of this Order to pay to the Generating Board interest on that sum for the period commencing on the transfer date and ending on the date of actual payment at the rate provided for by regulations made under section 178 of the Finance Act 1989 for the purposes of section 86 of the Taxes Management Act 1970 .
John Wakeham
Secretary of State for Energy
14th February 1990


text:
Citation, commencement and expiration
1
1
This Order may be cited as the A1 Trunk Road (Islington) Red Route Experimental Traffic Order 1990.
2
This Order shall come into force on 1st January 1991 and remain in force until 29th June 1992.
Interpretation
2
1
In this Order —
“carriageway” means a way constituting or comprised in a highway, being a way over which the public have a right of way for the passage of vehicles;
“designated parking place” has the meaning given in section 142(1) of the Road Traffic Regulation Act 1984;
“licensed cab” has the same meaning as in the London Cab Act 1968 ;
“London bus service” and “London local service licence” have the same meaning as in Part II of the Transport Act 1985 ; and
“trunk road red route” has the meaning given in article 3.
2
References in this Order to a disabled person, to a disabled person’s vehicle and to a vehicle displaying a disabled person’s badge in the relevant position shall be construed in accordance with the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 .
3
For the purposes of this Order, a vehicle shall be deemed —
a
to have stopped or to be at rest in a length of road specified in a Schedule if any point in that length of road is below the vehicle or its load (if any) and the vehicle is at rest; or
b
to have waited for more than a period specified in article 4(2) in a length of road specified in a Schedule if any one point in that length of road is below the vehicle or its load (if any) throughout a period exceeding the specified period whether or not the vehicle is moved during that period;
and for the purposes of article 4(2), any time during which a vehicle is at rest in the circumstances set out in articles 6 to 10 shall not be regarded as a previous period when that vehicle was at rest.
4
A reference in this Order to a length of road specified in a Schedule or in Part of a Schedule is —
a
if the Schedule is Schedule 1, a reference to every part of the length of road described in a single paragraph in that Schedule or part of that Schedule; or
b
if the Schedule is Schedule 2, 3 or 4, a reference to every part of the length of road described in a single paragraph of the Schedule or Part of the Schedule in question which lies between the edge of the carriageway and the centre of the road on the side stated in that paragraph or otherwise indicated in that Schedule;
and a reference to the name of a road is, where applicable, a reference to so much of that road which is in the London Borough of Islington.
5
Unless the context otherwise requires, a reference in this Order —
a
to a numbered article or Schedule is a reference to the article or Schedule bearing that number in this Order, and
b
to a numbered paragraph is a reference to the paragraph bearing that number in the article in which the reference occurs.
Application
3
This Order shall apply to every part of the lengths of road in the London Borough of Islington specified in Parts I and II of Schedule 1 (such lengths being referred to in this Order as the “trunk road red route”).
Restrictions on vehicles stopping or remaining at rest
4
1
No person shall cause or permit a vehicle to stop or remain at rest during the prescribed hours in any length of road specified in Schedule 1.
2
Paragraph (1) does not prohibit a person from causing or permitting a vehicle to wait during the prescribed hours —
a
in any length of road specified in Parts I and II of Schedule 2 for a period of up to 2 hours not being a period separated by an interval of less than 2 hours from a previous period when that vehicle was at rest in that length of road;
b
in any length of road specified in Part III of Schedule 2 for a period of up to 1 hour not being a period separated by an interval of less than 2 hours from a previous period when that vehicle was at rest in that length of road;
c
in any length of road specified in Parts IV and V of Schedule 2 if that vehicle is displaying a disabled person’s badge in a relevant position; or
d
in any length of road specified in any of Parts I to VIII of Schedule 3 for the purpose of delivering or collecting goods or loading or unloading the vehicle —
i
for so long as may be necessary for that purpose, or
ii
a period of 20 minutes,
whichever is the less.
3
In this article, “prescribed hours”, in relation to a length of road specified in a Part of a Schedule shown in an item in column (3) of the Table below means a period shown in that item in column (2) of that Table.
TABLE
Item (1) Prescribed hours (2) Provision (3)
1 0800 hours to 1900 hours on Mondays to Fridays inclusive. Schedule 1, Part I Schedule 2, Parts I and III Schedule 3, Part I 2 0800 hours to 1900 hours on Mondays to Saturdays inclusive. Schedule 1, Part II Schedule 3, Part I 3 0800 hours to 1600 hours on Mondays to Saturdays inclusive. Schedule 2, Part V 4 0800 hours to 1300 hours on Mondays to Fridays inclusive. Schedule 3, Part III 5 0800 hours to 1300 hours on Mondays to Saturdays inclusive. Schedule 3, Part IV 6 1000 hours to 1600 hours on Mondays to Fridays inclusive. Schedule 2, Parts II and IV Schedule 3, Part V 7 1000 hours to 1600 hours on Mondays to Saturdays inclusive. Schedule 3, Part VI 8 1300 hours to 1900 hours on Mondays to Fridays inclusive. Schedule 3, Part VII 9 1300 hours to 1900 hours on Mondays to Saturdays inclusive. Schedule 3, Part VIII
Prohibitions on vehicles stopping or remaining at rest
5
Notwithstanding anything in article 4, no person shall cause or permit a vehicle to stop or remain at rest at any time —
a
in any part of the trunk road red route other than at the edge of the carriageway, or
b
in any length of road specified in Schedule 4 (all such lengths being comprised in the trunk road red route).
Exemptions from prohibitions and restrictions
6
Nothing in this Order applies to a vehicle being used for the provision of a London bus service —
a
under a London local service licence; or
b
for which such a licence is not required by virtue of section 35(2) or 36(1) of the Transport Act 1985,
when in an area bounded by a traffic sign consisting of markings of a type shown in diagram 1025 or 1025.2 of the Traffic Signs Regulations and General Directions 1981 .
7
Nothing in this Order prohibits a person from causing or permitting —
a
a licensed cab to wait at the edge of the carriageway in any road for so long as may be necessary for the purpose of enabling a person to board or alight from the vehicle or to load or unload his personal luggage;
b
a vehicle which is displaying a disabled person’s badge in the relevant position to wait at the edge of the carriageway in any road for so long as may be necessary for the purpose of enabling a disabled person to board or alight from the vehicle;
c
a disabled person’s vehicle to wait at the edge of the carriageway in any road for so long as may be necessary for the purpose of enabling a disabled person to board or alight from the vehicle;
d
a vehicle to wait at any place for so long as may be necessary for the purpose of obtaining or giving help required as a result of an accident or emergency or taking any other action in the interests of public safety; or
e
a vehicle to wait at any place while any gate or other barrier at the entrance to premises to which the vehicle is proceeding, or from which it has emerged, is opened or closed, if it is not reasonably practicable for the vehicle to wait at a place where it would otherwise be lawful for the vehicle to wait.
8
Nothing in this Order applies to —
a
a vehicle being used —
i
for fire brigade, ambulance or police purposes;
ii
for the removal of any obstruction to traffic; or
iii
in connection with the maintenance, improvement or reconstruction of any road;
b
a vehicle when the person in control is —
i
required by law to stop or not to proceed;
ii
obliged to stop in order to avoid an accident; or
iii
prevented from proceeding by circumstances outside his control; or
c
a licensed cab on a cab rank.
9
Nothing in this Order applies to a vehicle in a designated parking place.
10
Nothing in this Order applies to anything done with the permission or at the direction of a constable in uniform or a traffic warden.
Suspension of other instruments
11
There is suspended in their application to the lengths of road specified in the Schedules —
a
the Greater London (Waiting Restriction) (Exemptions for Disabled Persons) Order 1975 , and
b
the Islington (Waiting and Loading Restriction) Order 1976 .
Power to modify or suspend this Order
12
If it appears to an Assistant Secretary in the London Regional Directorate of the Department of Transport essential in the interests of the expeditious, convenient and safe movement of traffic, or of the provision of suitable and adequate parking facilities on the highway, or for preserving or improving the amenities of the area through which any road affected by this Order runs, and after —
a
consulting with the Commissioner of Police of the Metropolis, and
b
giving such notice as the Secretary of State may direct,
make modifications of any description (other than additions) to this Order or suspend this Order or any provision of this Order.
13
The power to make modifications under article 13 does not include power to designate additional parking places on a highway for which charges are made.
Signed by authority of the Secretary of State for Transport.
P. E. Butler
Assistant Secretary London Regional Directorate of the
Department of Transport
11th December 1990