text:
Title and commencement
1
This Order may be cited as the Blue Eared Pig Disease Order 1991 and shall come into force on 13th June 1991 at 12.01 pm.
Interpretation
2
1
In this Order, unless the context otherwise requires —
“ the Act ” means the Animal Health Act 1981;
“Chief Veterinary Officer” means the Chief Veterinary Officer of the Ministry;
“the disease” means the Blue Eared Pig Disease;
“diseased” means affected with the disease;
“disinfectant” means listed in Schedule 1 or Schedule 2 of the Disease of Animals (Approved Disinfectants) Order 1978 as approved for use in respect of Fowl Pest;
“Divisional Veterinary Officer” means the veterinary inspector appointed for the time being by the Minister to receive information about diseased or suspected animals or the carcases of such animals, for the area in which such animals or carcases are;
“infected area” means an area declared to be an infected area under article 12(1);
“infected place” means a place declared to be an infected place under article 5(1);
“occupier” means, in relation to any premises, the owner, occupier or person in charge of the premises;
“owner” includes, in relation to any pig or thing, a person having possession, charge or control of that pig or thing;
“premises” includes land, with or without buildings;
“slaughterhouse” means —
in relation to England and Wales, a slaughterhouse or knacker’s yard as defined in section 34 of the Slaughterhouses Act 1974 ; and
in relation to Scotland, a slaughterhouse as defined in section 22 of the Slaughter of Animals (Scotland) Act 1980 ;
“suspected” means suspected of being diseased;
“veterinary surgeon” means a person registered in the register of veterinary surgeons kept under section 2 of the Veterinary Surgeons Act 1966 or the supplementary veterinary register kept under section 8 of that Act.
2
Unless the context otherwise requires, any 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 lettered form, is a reference to the form bearing that letter in Schedule 2 to this Order.
Extension of definition of disease for the purposes of the Act
3
For the purposes of the Act in its application to this Order, the definition of disease in section 88(1) of the Act shall be extended so that it shall for those purposes comprise the disease.
Notice of specified disease
4
1
A person who has in his possession or under his charge any pig or pig carcase which he suspects is diseased, and any veterinary surgeon or other person who, in the course of his duties, suspects the presence of the disease on any premises shall give notice of his suspicion as soon as practicable to the Divisional Veterinary Officer.
2
A person who has in his possession or under his charge a pig or pig carcase which he suspects is diseased shall ensure that no pig or pig carcase is moved from the premises until a veterinary inquiry in accordance with article 6 has been completed.
Declaration of infected place
5
1
If a veterinary inspector has reasonable grounds for supposing that the disease exists or has within 56 days existed on any premises he shall serve a notice in form A on the occupier of the premises declaring them to be an infected place.
2
An infected place shall be subject to the requirements set out in Schedule 1 until a notice in form B is served in accordance with article 6(5) or (6).
3
For the purpose of preventing the spread of the disease, a veterinary inspector may, by notice served on the occupier of the infected place —
a
add such requirements as are specified in the notice; or
b
modify or disapply such requirements as are set out in Schedule 1 or in the notice served under subparagraph (a) above.
4
A veterinary inspector may at any time alter the limits of an infected place by the service of a notice in form C on the occupier.
Veterinary inquiry as to the existence of disease
6
1
If a veterinary inspector has reasonable grounds for supposing that the disease exists or has within 56 days existed on any premises he shall with all practicable speed inquire as to the correctness of the supposition.
2
For the purposes of such an inquiry a veterinary inspector may —
a
examine any pig or pig carcase on the premises;
b
take or cause to be taken from any such pig or pig carcase any sample he may require for the purposes of diagnosis;
c
mark or cause to be marked any such pig or pig carcase for identification purposes; and
d
examine any records relating to the origin, health and productivity of any pig which is, or has been, on the premises, and to take copies of such records.
3
The occupier of the premises, any person in his employment, any veterinary surgeon who has been attending or who has been consulted respecting any pig or pig carcase on the premises and any person who is or has been in charge of or in contact with any such pig or pig carcase, shall provide such information and facilities and render such assistance as may be required for the purposes of the inquiry.
4
If on completion of the inquiry the veterinary inspector is of the opinion that the disease exists or has within 56 days existed on the premises his opinion to that effect shall be subject to confirmation by or on behalf of the Chief Veterinary Officer.
5
If on completion of the inquiry the veterinary inspector is of the opinion that the disease does not exist and has not within 56 days existed on the premises, or if his opinion as to the extistence of the disease on the premises is not confirmed by or on behalf of the Chief Veterinary Officer in accordance with paragraph (4), then the notice in form A served in respect of the premises shall be cancelled forthwith by the service of a notice in form B on the occupier by an inspector of the Ministry.
6
In any other case, when the veterinary inspector is satisfied that the disease no longer exists on the premises, the notice in form A served in respect of the premises shall be cancelled by the service of a notice in form B on the occupier by an inspector of the Ministry.
Restrictions on premises exposed to infection
7
1
If a veterinary inspector has reasonable grounds for supposing —
a
that the disease may spread to any premises; or
b
that on any premises there is or has within 56 days been a pig which has been exposed to the infection of the disease,
he may serve a notice in form D on the occupier.
2
Until the notice in form D is cancelled by service of a notice in form E on the occupier by an inspector of the Ministry —
a
no person shall move any pig, pig carcase or pig semen or ovum on to or from the premises except under the authority of a licence granted by an inspector of the Ministry;
b
no person shall allow any pig to stray from the premises or come into contact with any pig on any other premises; and
c
the premises shall be subject to such other requirements specified in the notice as the veterinary inspector may consider necessary for the purpose of preventing the spread of the disease.
Power of veterinary inspectors to prohibit or control movement
8
If a veterinary inspector has reasonable grounds for supposing that the movement of any pig, pig carcase, or other thing to or from any premises would give rise to the risk of the spread of the disease he may, for the purpose of preventing the spread of the disease, by notice served on the occupier of the premises, prohibit the movement of any pig, pig carcase, or other thing to or from the premises, except under the authority of a licence granted by an inspector of the Ministry.
Marking of pigs
9
An inspector of the Ministry may mark, or cause to be marked, any pig or pig carcase.
Cleansing and disinfection
10
1
An inspector may serve on the occupier of any premises on which there is or has within 56 days been a diseased or suspected pig or pig carcase a notice requiring him to cleanse and disinfect in such manner and within such period as may be specified in the notice, and with such disinfectant as is specified in the notice, —
a
all or any part of the premises;
b
any apparatus, equipment or other thing used in connection with the pig or pig carcase.
2
If the requirements of the notice are not complied with an inspector may, without prejudice to any proceedings for an offence arising out of the default, carry out or cause to be carried out the cleansing and disinfection, and any expenses reasonably incurred in doing so shall be recoverable by the Minister or as the case may be the local authority as a civil debt from the occupier.
Declaration of infected area
11
1
If the Minister knows or suspects that the disease exists in any area he may by declaratory order declare the area to be an infected area.
2
An area shall remain an infected area until such date as may be specified by the Minister or, if none, until the declaratory order is withdrawn by the Minister.
3
Any premises which are partly inside and partly outside an infected area shall be deemed to be wholly inside the area.
Restrictions on movement of pigs out of an infected area
12
1
No person shall move any pig out of an infected area —
a
except where the pig is moved direct to a slaughterhouse; or
b
except where the pig is moved through the area without being unloaded from a place outside the area direct to another place outside the area —
i
by railway, or
ii
by motorway, provided the vehicle in which it is carried does not stop on or leave the motorway; or
c
except under the authority of a licence granted by a veterinary inspector.
2
Any person who moves a pig in accordance with paragraph (1)(a) above shall ensure that the vehicle used to move the pig is thoroughly cleansed and disinfected as soon as practicable after arrival at the slaughterhouse and, in any event, before the vehicle is used again for the movement of any pig.
General provisions as to licences
13
1
Any licence issued under this Order may be revoked or varied or issued subject to conditions.
2
Any person who moves any pig, pig carcase or other thing under the authority of a licence under this Order shall —
a
ensure that the licence accompanies the pig, pig carcase or other thing; and
b
on demand made by an inspector or a member of a police force produce the licence and allow a copy or extract to be taken.
3
An inspector who issues a licence authorising a movement shall with all practicable speed send a copy of the licence to the local authority to whose area the movement is authorised.
Enforcement
14
1
The provisions of this Order shall, except where otherwise expressly provided, be executed and enforced by the local authority.
2
A copy of any notice served under this Order shall, with all practicable speed, be forwarded by the serving authority to the local authority for the area in which the premises, pigs or other things which are the subject of the notice are situated and to the Divisional Veterinary Officer.
Offences
15
A person shall be guilty of an offence against the Act who, without lawful authority or excuse, proof of which shall lie on him —
a
contravenes article 4(1), 4(2), 6(3), 7(2), 12(1), 12(2) or 13(2); or
b
fails to comply with any notice issued under article 5(3), 8 or 10(1); or
c
contravenes the provisions of any licence issued under article 7(2)(a), 8 or 12(c); or
d
alters, removes or defaces any mark applied under article 6(2)(c) or 9; or
e
fails to comply with any requirement contained in a notice served under paragraph (1) or (3) or article 5 of article 7(2)(c); or
f
causes or permits any such contravention or non-compliance.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 13th June 1991 at 12.00 noon.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Ian Lang
Secretary of State for Scotland
13th June 1991
David Hunt
Secretary of State for Wales
13th June 1991


type: legislation

jurisdiction: UK

text:
1
These Regulations shall come into force on 15th May 1991 and may becited as the International Carriage of Perishable Foodstuffs (Amendment)(No.2) Regulations 1991.
2
For the definition of“ ATP ” in regulation 2 (Interpretation and transitional provision) of theInternational Carriage of Perishable Foodstuffs Regulations 1985 there shall be substituted the followingdefinition —
“ATP” means the Agreement on the International Carriage of PerishableFoodstuffs and on the Special Equipment used for such Carriage (ATP)concluded at Geneva on 1st September 1970 as amended pursuant to article18 of the agreement and as further amended pursuant to that article by anamendment to Annex 1 which came into operation on 15th May 1991 and by amendments to appendices 1 and 2 of Annex 1 whichcame into operation on 6th July 1989 and 30th September 1990 and an amendment to Annex 2 which came into operation on28th March 1991
Signed by authority of the Secretary of State for Transport
Christopher Chope
Parliamentary Under Secretary of State,
Department of Transport
9th April 1991


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Statutory, Maternity Pay (National Health Service Employees) Regulations 1991 and shall come into force on 1st April 1991.
2
In these Regulations, a “health authority” shall in relation to England and Wales have the same meaning it has in section 128(1) of the National Health Service Act 1977 , and in relation to Scotland mean the health board within the meaning of section 2 of the National Health Service (Scotland) Act 1978 .
Treatment of more than one contract of employment as one contract
2
Where, in consequence of the establishment of one or more National Health Service Trusts under Part I of the National Health Service and Community Care Act 1990 , or the National Health Service (Scotland) Act 1978, a woman’s contract of employment is treated by a scheme under that Part or Act as divided so as to constitute two or more contracts, she may elect for all those contracts to be treated as one contract for the purposes of Part V of the Social Security Act 1986.
Notification of election
3
A woman who makes an election under regulation 2 above shall give written notification of that election to each of her employers under the two or more contracts of service mentioned in that regulation at least 21 days before the first day she is going to be absent from work with any of her employers, wholly or partly because of pregnancy, or if in the particular circumstances that is not practicable, as soon as is reasonably practicable.
Provision of information
4
A woman who makes an election under regulation 2 above shall, within 21 days of giving notice of that election or if in the particular circumstances that is not practicable, as soon as is reasonably practicable thereafter, provide each of her employers under the two or more contracts of service mentioned under that rcgu1ation with the following information —
a
the name and address of each of those employers; and
b
the date her employment with each of those employers commenced; and
c
details of her earnings during the relevant period from each employer and for this purpose the expressions “earnings” and “relevant period” have the same meanings as they have for the purposes of section 50(3) of the Social Security Act 1986 .
Treatment of two or more employers as one
5
The employer to be regarded for the purposes of statutorv maternity pay as the employer under the one contract where 2 or more contracts of service are treated as one in accordance with regulation 2 above shall be —
a
the Health Authority, in any case where any one of the contracts of service is with the Health Authority; or
b
the first NHS trust to which a contract of service is transferred in any case where none of the contracts of service are with with the Health Authority.
Time for which an election is to have effect
6
An election made under regulation 2 shall lapse at the end of the maternity pay period.
Signed by authority of the Secretary of State for Social Security.
Henley
Parliamentary Under-Secretary of State,
Department of Social Security
11th March 1991


text:
Citation, commencement and interpretation
1
–
1
This Order may be cited as the Southport and Formby National Health Service Trust (Establishment) Order 1991 and shall come into force on 1st November 1991.
2
In this Order unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 1st November 1991;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Southport and Formby 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 Southport and Formby 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 provided at Southport and Formby District General Hospital, Town Lane, Kew, Southport, Merseyside, PR8 6NJ and associated hospitals.
Directors of the trust
4
The trust shall have, in addition to the chairman 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
–
1
The operational date of the trust shall be 1st April 1992.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions–
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
–
1
The Southport and Formby 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 Southport and Formby 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 Southport and Formby Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Stephen Dorrell
Parliamentary Under Secretary of State,
Department of Health
21st October 1991


text:
1
1
These Regulations may be cited as the Legal Aid in Family Proceedings (Remuneration) (Amendment) Regulations 1991 and shall come into force on 14th October 1991.
2
In these Regulations, a regulation referred to by number means the regulation so numbered in the Legal Aid in Family Proceedings (Remuneration) Regulations 1991 .
2
Regulation 1(2) shall be amended —
a
by substituting, for the words “and remuneration payable in respect of work done before that date shall be determined as if these Regulations had not been made”, the words “and remuneration payable in respect of work done in proceedings commenced before that date shall be determined as if these Regulations and the Legal Aid in Criminal and Care Proceedings (Costs) (Amendment) ( No. 3) Regulations 1991 had not been made”;
b
by inserting after that paragraph the following proviso–
Provided that regulation 3 of, and Schedule 1 to, these Regulations shall apply to remuneration payable in respect of work done on or after 14th October 1991 in relation to care proceedings (within the meaning of section 27 of the Legal Aid Act 1988 as if those proceedings were care proceedings within the meaning of these Regulations.
.
3
For regulation 1(3), there shall be substituted the following —
3
For the purposes of determining remuneration payable in respect of work done before 14th October 1991 in relation to proceedings of a kind described in paragraph (a) of the definition of “prescribed familyproceedings”, Schedule 2 to the Rules shall have effect as if that Schedule were substituted for Schedule 2(a) to these Regulations and Schedule 2 (as so substituted) shall have effect as it had effect during the year in which the work in question was done.
.
4
Regulation 2(1) shall be amended by substituting, for the definition of “prescribed family proceedings”, the following —
“prescribed family proceedings”means —
proceedings commenced before 14th October 1991 with respect to which rules made under section 50 of the Matrimonial Causes Act 1973 applied immediately before the date of the coming into force of these Regulations;
proceedings commenced on or after 14th October 1991 to which those rules would have applied if they had continued in force on and after that date;
proceedings under the Children Act 1989 , excluding care proceedings;
.
Mackay of Clashfern, C.
Dated 16th September 1991
We consent,
Thomas Sackville
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 19th September 1991


text:
1
The new highways which the Secretary of State proposes to construct–
a
along the route described in Schedule 1 to this Order (the highway along this route being in this Order referred to as “the main new trunk road”; and
b
along the route described in Schedule 2 to this Order (the highway along this route being in this Order referred to as “the slip road”
shall become trunk roads as from the date when this Order comes into force.
2
The centre lines of the new trunk roads are indicated by heavy black lines on the deposited plan.
3
The Secretary of State directs as respects of any part of a highway which crosses the route of any of the new trunk roads that–
a
where the highway is 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,
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
The length of the trunk road described in Schedule 3 to this Order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road and shall be classified as a principal road, as from the date on which the Secretary of State notifies the County Council of West Glamorgan that the new trunk roads are open for through traffic.
5
The Secretary of State is authorised to construct the bridge specified in Schedule 4 to this Order as part of the main new trunk road.
6
In this Order:–
1
All measurements of distance are measured along the route of the relevant highway;
2
i
“the deposited plan” means the plan numbered HA10/2–WO79 marked
“The Neath–Abergavenny Trunk Road (A465) (Improvement from Aberdulais to Glynneath and Slip Roads) Order 1991” signed by authority of the Secretary of State and deposited at the Welsh Office Repository, Curran Embankment, Cardiff;
“the existing rounda bout” means the roundabout known as Aberdulais Inter change on the trunk road;
“the main trunk road” and “the slip roads” have the meanings given in article 1 of this Order;
“the new trunk road” means the new highways mentioned in article 1 of this Order;
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to high way classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
“the trunk road” means the Neath–Abergavenny Trunk Road (A465).
7
This Order shall come into force on 28th November 1991 and may be cited as the Neath–Abergavenny Trunk Road (A465) (Improvement from Aberdulais to Glynneath and Slip Roads) Order 1991.
by authority of the Secretary of State
Philip R. Marsden
A Grade 6 Officer in the Welsh Office
Dated the 1st November 1991


text:
1
The lengths of the trunk road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be trunk road and shall be classified as stated in the said Schedule as from the date on which the Secretary of State notifies the County Council of devon that the new trunk roads are open for through traffic.
2
In this Order —
1
all measurements of distance are measured along the route of the relevant highway; and
2
i
“the classified road” as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the deposited plan” means the plan numbered HA 10/2 SWM 61 marked “The A30 Trunk Road (Okehampton to Launceston Improvement)(Detrunking) Order 1991” signed by authority of the Secretary of State for Transport and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
iii
“the new trunk roads” means the highways mentioned in article 1 of the A30 Trunk Road (Okehampton to Launceston Improvement and Slip Roads) Order 1991 ;
iv
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
v
“the trunk road” means the A30 Trunk Road.
3
This Order shall come into force on 8th February 1991 amd may be cited as the A30 Trunk Road (Okehampton to Launceston Improvement)(Detrunking) Order 1991.
Signed by authority of the Secretary of State for Transport
Elizabeth Hopkins
Regional Director South West Region
Department of Transport
17th January 1991


text:
1
This Order may be cited as the International Organisations (Miscellaneous Exemptions) Order 1991.
2
The following international organisation is designated for the purposes of subsections (2) to (6) of section 582A of the Income and Corporation Taxes Act 1988–
The European Bank for Reconstruction and Development.
Gregory Knight
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
25th July 1991


text:
1
These Regulations may be cited as the Valuation and Community Charge Tribunals (Amendment) (Allowances) Regulations 1991 and shall come into force on 7th March 1991 (“the operative date”).
2
Each provision of Schedule 2 to the Valuation and Community Charge Tribunals Regulations 1989 mentioned in the Table below shall be amended in relation to approved duties (within the meaning of that Schedule) performed on or after the operative date by by substituting, for the amount mentioned in the second column of the Table (“the original amount”), the amount mentioned in the third column in relation to that provision, wherever in that provision the original amount is mentioned.
TABLE
Provision Original amount Substituted amount
Paragraph 1, Table A £16.15 £17.65 £32.35 £35.30 Paragraph 2, Table B £7.00 £7.70 Paragraph 4(a) £60.40 £71.75 Paragraph 4(b) £52.95 £62.90
Michael Heseltine
Secretary of State for the Enviroment
5th February 1991
David Hunt
Secretary of State for Wales
5th February 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Poole Hospital National Health Service Trust (Establishment) Order 1991 and shall come into force on 1st November 1991.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of or Schedule 1 to the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 1st November 1991;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Poole 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 Poole 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 —
a
to own and manage hospital accommodation and services provided at Poole General Hospital, Longfleet Road, Poole, Dorset BH15 2JB and associated premises;
b
to manage community health services provided from Poole General Hospital, Longfleet Road, Poole, Dorset BH15 2JB.
Directors of the trust
4
The trust shall have, in addition to the chairman 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1992.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The East Dorset 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 East Dorset 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 East Dorset Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Virginia Bottomley
Minister of State,
Department of Health
21st October 1991


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Contributions) Amendment (No. 3) Regulations 1991, and shall come into force on 6th April 1991.
2
In these Regulations “the principal Regulations ” means the Social Security (Contributions) Regulations 1979 .
Amendment of regulation 19B of the principal Regulations
2
In regulation 19B of the principal Regulations (payments to directors which are to be disregarded) —
a
in paragraph (5)(a), there shall be inserted before the words “in paragraphs (2), (3), (4) and (5)(b)” the words ““company” is deemed to include a building society within the meaning of the Building Societies Act 1986 and” and
b
in paragraph (5)(b)(i), for the words “section 534 of the Income and Corporation Taxes Act 1970” there shall be substituted the words “section 840 of the Income and Corporation Taxes Act 1988” .
Amendment of Schedule 1 to the principal Regulations
3
1
Schedule 1 to the principal Regulations (which, with extensions and modifications, are provisions of the Income Tax (Employments) Regulations 1973 as they apply to earnings-related contributions under the Social Security Act 1975) shall be amended in accordance with the following provisions of this Regulation.
2
In Regulation 13(6)(b)(vi) in that Schedule (calculation of deduction) the words “(other than earnings in respect of which primary Class 1 contributions are payable at the reduced rate)” shall be omitted.
3
In Regulation 25(a)(ii) in that Schedule (certificate of contributions paid) the words “(other than earnings in respect of which primary Class 1 contributions were payable at the reduced rate)” shall be omitted.
4
In Regulation 3OA(2)(g) in that Schedule (special return by employer at end of voyage period) the words “(other than earnings in respect of which primary Class 1 contributions were payable at the reduced rate)” shall be omitted.
Signed by authority of the Secretary of State for Social Security.
Henley
Parliamentary Under-Secretary of State,
Department of Social Security
7th March 1991
The Commissioners of Inland Revenue hereby concur
T. J. Painter
L. J. H. Beighton
Two of the Commissioners of Inland Revenue
11th March 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Maidstone Priority Care National Health Service Trust (Establishment) Order 1991 and shall come into force on 1st November 1991.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of or Schedule 1 to the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 1st November 1991;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Maidstone Priority Care 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 Maidstone Priority Care National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at 180 Union Street, Maidstone, Kent, ME14 1EY and associated hospitals;
b
to manage community health services provided from 180 Union Street, Maidstone, Kent, ME14 1EY and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman 4 non-executive directors and 4 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1992.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Maidstone 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 Maidstone 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 Maidstone Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Virginia Bottomley
Minister of State,
Department of Health
21st October 1991


text:
1
The length of the Trunk Road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road and shall be classified as a classified road as from the date on which the Secretary of State notifies the City of Bradford Metropolitan Council that the new trunk roads are open for through traffic.
2
In this Order–
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“classified road” as a classification for a highway means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as a principal road;
ii
“the deposited plan” means the plan folio numbered HA 10/CNE97 marked “The North-West of Doncaster-Kendal Trunk Road (Airedale Route) (Crossflatts to Cottingley Bar Section) (De-Trunking) Order 1991”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
iii
“the new trunk roads” means the highways to be provided in pursuance of the North-West of Doncaster-Kendal Trunk Road (Airdale Route – Bingley to Kildwick and Link Road) Order 1982 (as varied by the (A650) North-West of Doncaster-Kendal Trunk Road (Airedale Route – Bingley to Kildwick and Link Road Variation) Order 1986 and as proposed to be varied by the North-West of Doncaster-Kendal Trunk Road (Airedale Route – Bingley to Kildwick and Link Road) Order 1982 Variation (No 2) Order 1991 and the North-West of DoncasterKendal Trunk Road (Airedale Route) (Bingley to Cottingley Bar Section and Slip Roads) Order 1991 ; and
iv
“the Trunk Road” means the A650 North-West of Doncaster-Kendal Trunk Road.
2
This Order shall come into force on the 25th July 1991 and may be cited asthe North-West of Doncaster-Kendal Trunk Road (Airedale Route) (Crossflatts to Cottingley Bar Section) (De-Trunking) Order 1991.
Signed by authority of theSecretary of State for Transport
J. P. Henry
Regional Director Yorkshire & Humberside Region,
Department of Transport
15th May 1991


text:
Citation, commencement and interpretation
1
–
1
This Order may be cited as the Walton Centre for Neurology and Neurosurgery National Health Service Trust (Establishment) Order 1991 and shall come into force on 1st November 1991.
2
In this Order unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 1st November 1991;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Walton Centre for Neurology and Neurosurgery 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 Walton Centre for Neurology and Neurosurgery 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 provided at Walton Hospital, Rice Lane, Liverpool, L9 1AE and associated hospitals.
Directors of the trust
4
The trust shall have, in addition to the chairman 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
–
1
The operational date of the trust shall be 1st April 1992.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions–
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
–
1
The South Sefton 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 South Sefton 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 South Sefton Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Stephen Dorrell
Parliamentary Under Secretary of State,
Department of Health
21st October 1991


text:
Citation and commencement
1
These Regulations may be cited as the Regional and District Health Authorities (Membership and Procedure) Amendment (No.2) Regulations 1991 and come into force on 1st October 1991.
University non-officer members for District Health Authorities
2
The Regional and District Health Authorities (Membership and Procedure) Regulations 1990( ) are amended by the substitution in Part I of Schedule 1 for the entry “Bristol and Weston Health Authority” of the entry “Bristol and District Health Authority”.
William Waldegrave
Secretary of State for Health
9th September 1991


text:
Citation, interpretation and commencement
1
1
This Order may be cited as the Transfer of Functions (Returning Officers' Charges) Order 1991.
2
In this Order “the 1983 Act ” means the Representation of the People Act 1983 and “the 1991 Act ” means the Representation of the People Act 1991 .
3
This Order shall come into force on 22nd August 1991.
Transfer of functions
2
The functions of the Treasury under sections 29 and 47(1) of the 1983 Act as amended by the 1991 Act are hereby transferred to the Secretary of State.
Consequential amendments
3
1
Section 29 of the 1983 Act shall be amended as follows.
2
In subsections (3), (4) and (6) for the words “the Treasury” there shall be substituted the words “the Secretary of State” and in subsection (4A) for the words “The Treasury” there shall be substituted the words “The Secretary of State”.
3
In subsection (4B)(b) for the words “the Treasury consider” there shall be substituted the words “the Secretary of State considers”.
4
In subsection (5) for the words “the Treasury, but the Treasury may if they think fit” there shall be substituted the words “the Secretary of State, but the Secretary of State may if he thinks fit”.
5
In subsection (7) for the words “the Treasury may, on such terms as they think fit” there shall be substituted the words “the Secretary of State may, on such terms as he thinks fit”.
6
For subsections (8) and (9) there shall be substituted–
8
Regulations may make provision as to the time when and the manner and form in which accounts are to be rendered to the Secretary of State for the purposes of the payment of a returning officer’s charges.
9
Any exercise by the Secretary of State of his functions under subsections (3) and (4) above shall require the consent of the Treasury.
4
In section 47(1) of the 1983 Act for the words “the Treasury” there shall be substituted the words “the Secretary of State”.
5
In section 201 of the 1983 Act–
a
in subsection (1) after the words “the Secretary of State” there shall be inserted the words “and except in the case of regulations under section 29(8)”;
b
in subsection (2), as amended by paragraph 69 of Schedule 4 to the Representation of the People Act 1985 , after the words “otherwise than under” there shall be inserted the words “section 29(8) above or”.
6
In regulation 99(3) of the Representation of the People Regulations 1986 and regulation 97(3) of the Representation of the People (Scotland) Regulations 1986 , as amended by section 2 of the 1991 Act, for the words “the Treasury” there shall be substituted the words “the Secretary of State”.
Saving
7
Nothing in this Order affects the functions of the Treasury under section 29(5), (6) or (7) of the 1983 Act in relation to charges in respect of services rendered and expenses incurred for or in connection with an election that has already taken place before the coming into force of this Order.
G. I. de Deney
Clerk of the Privy Council


text:
Title and commencement
1
These Regulations maybe cited as the Sea Fishing (Days in Port) Regulations 1991 and shall come into force on 1st February 1991.
Interpretation
2
1
In these Regulations —
“British sea-fishery officer” means any person who by virtue of section 7 of the Sea Fisheries Act 1968 is a British sea-fishery officer;
“licence” means a fishing licence issued under section 4 of the Sea Fish (Conservation) Act 1967 and “licensed” shall be construed accordingly.
2
Any reference in these Regulations to a numbered regulation or Schedule is a reference to the regulation or Schedule so numbered in these Regulations.
Scope
3
These Regulations apply to —
a
any fishing vessel which is registered in the United Kingdom where the vessel has an overall length that exceeds 10 metres and its landings of cod and haddock from the sea areas described in Schedule 1 during the period 1st January 1989 to 30th June 1990 exceeded 100 tonnes and 40% by weight of its total landings, and
b
any vessel replacing a vessel in the category referred to in paragraph (a) above.
Management of days in port
4
1
A vessel to which these Regulations apply shall remain in port for a period of 8 consecutive days in each calendar month (referred to in this regulation as “the relevant period”), commencing with 1st February 1991 and ending with 31st December 1991.
2
No such period shall count for the purposes of paragraph (1) above unless it has been notified in accordance with paragraph (3) below, and, where paragraph (4) below applies, evidence is produced in accordance with that paragraph of compliance with paragraph (1) above.
3
At least 12 hours prior notice in writing of the commencement of each relevant period and the name of the port in which the vessel is to remain shall be given by the master, owner or charterer of that vessel —
a
in the case of a vessel which is to remain in a port where there is a British sea-fishery officer, to such an officer, or
b
in the case of a vessel licensed by the Department of Agriculture for Northern Ireland, to that Department, or
c
in the case of a vessel not so licensed, to a British sea-fishery officer of the port from which the vessel’s licence was issued.
4
Where the port in which the vessel is to remain is not in the United Kingdom the master, owner or charterer shall within 14 days of the expiry of the relevant period furnish in accordance with paragraph (3) above a statement signed and dated by the relevant authorities of that port containing the particulars specified in Schedule 2.
5
Once a relevant period has been notified in accordance with paragraph (3) above and has commenced the vessel concerned shall remain in port until that period has expired or until notice has been given in accordance with that paragraph that that period is not to count for the purposes of this regulation.
6
The relevant period shall start at the beginning of the first hour of the first day and shall end with the expiry of the last hour of the last day of the period.
Offences
5
1
If the master, the owner or any charterer of a vessel to which these Regulations apply —
a
without reasonable excuse contravenes any provision of regulation 4(1) or 4(5); or
b
in purporting to give information required by virtue of regulation 4(3), (4) or (5) makes a statement which he knows to be false in a material particular or recklessly makes a statement which is false in a material particular,
he shall be guilty of an offence.
2
Any person who —
a
assaults a British sea-fishery officer who is exercising any of the powers conferred on him by regulation 8 or intentionally obstructs any such officer in the exercise of any of those powers; or
b
fails without reasonable excuse to comply with any requirement imposed by a British sea-fishery officer under the powers conferred on British sea-fishery officers by regulation 8 or without reasonable excuse prevents any other person from complying with such a requirement,
shall be guilty of an offence.
Penalties
6
1
A person guilty of an offence under regulation 5(1) shall be liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to a fine.
2
A person guilty of an offence under regulation 5(2)(a) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
3
A person guilty of an offence under regulation 5(2)(b) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Recovery of fines
7
1
Where a fine is imposed by a magistrates' court in England and Wales or Northern Ireland on the master, owner or charterer of a fishing vessel who is convicted by the court of an offence under regulation 5, the court may —
a
issue a warrant of distress against the vessel and its gear and catch and any property of the person convicted for the purpose of levying the amount of the fine; and
b
order the vessel to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid or the amount of the fine is levied in pursuance of any such warrant, whichever occurs first.
2
Where a fine is imposed by a sheriff in Scotland on the master, owner or charterer of a fishing vessel who is convicted by the sheriff of an offence under regulation 5, the sheriff may —
a
issue a warrant for the arrestment and sale of the vessel and its gear and catch and any property of the person convicted; and
b
order the vessel to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid, whichever occurs first.
3
Sections 77(1) and 78 of the Magistrates' Courts Act 1980 (postponement of issue of, and defects in, warrants of distress) shall apply to a warrant of distress issued under this regulation in England and Wales as they apply to a warrant of distress issued under Part III of that Act.
4
Article 114(2) of the Magistrates' Courts (Northern Ireland) Order 1981 (postponement of issue of certain warrants) shall apply to a warrant of distress issued under this regulation in Northern Ireland as it applies to a warrant referred to in that article.
Powers of British sea-fishery officers
8
1
For the purpose of enforcing regulation 5, a British sea-fishery officer —
a
may go on board any fishing vessel to which these Regulations apply;
b
may require any such vessel to stop and do anything else to enable him to board it;
c
may require the attendance of the master of the vessel or any other person on board;
d
may require any person on board to assist him in the performance of his functions; and
e
may take with him, to assist him in performing his functions, any other person and any equipment or materials;
f
may make any examination or inquiry which appears to him to be necessary and, without prejudice to the generality of the foregoing, he may in particular —
i
examine any fish on the vessel and the equipment of the vessel, including the fishing gear;
ii
require the production of any document relating to the vessel or to its fishing operations or other operations ancillary to its fishing operations;
iii
search the vessel for any such document, and require any person on board the vessel to do anything which appears to the officer to be necessary for facilitating the search; and
iv
take copies of any such document.
2
If a British sea-fishery officer has reasonable grounds to suspect that an offence under regulation 5 is being or has been committed in respect of a vessel to which these Regulations apply he may seize and detain any document produced to him or found on board the vessel, and if he has reasonable grounds to suspect that an offence has been committed within British fishery limits the officer —
a
may require the master to take, or may himself take, the vessel and its crew to the port which appears to the officer to be the nearest convenient port; and
b
may detain the vessel in the port.
3
Nothing in paragraph (2) above shall permit any document required by law to be carried on board any vessel to be seized or detained except while the vessel is detained in a port.
4
If a British sea-fishery officer detains a vessel, he shall serve on the master a notice stating that it is to be detained until the notice is withdrawn by the service on him of a further notice in writing signed by a British sea-fishery officer.
5
For the purpose of enforcing regulation 5, a British sea-fishery officer —
a
may enter at any reasonable time any premises (other than a dwelling) used for carrying on any business in connection with the operation of fishing vessels or activities connected therewith or ancillary thereto or with the treatment, storage or sale of sea fish;
b
may examine any fish on the premises;
c
may require any person on the premises to produce any documents which are in his custody or possession relating to the catching, landing, transshipment, sale or disposal of sea fish;
d
may take copies of any such document;
and if he has reasonable grounds to suspect that an offence under regulation 5 has been committed, the officer —
e
may search the premises for any such document and require any person on the premises to do anything which appears to the officer to be necessary for facilitating the search; and
f
may seize and detain any such document produced to him or found on the premises.
Protection of officers
9
An officer shall not be liable in any civil or criminal proceedings for anything done in the purported exercise of the powers conferred on him by regulation 8 if the court is satisfied that the act was done in good faith, that there were reasonable grounds for doing it and that it was done with reasonable skill and care.
Offences by bodies corporate
10
Where an offence under regulation 5 committed by a body corporate is proved to have been committed with the consent or approval of any director, manager, secretary or other officer of the body corporate, he, as well as the body corporate, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
Proceedings
11
Proceedings for an offence under these Regulations maybe taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.
in witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 30th January 1991.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Strathclyde
Parliamentary Under Secretary of State, Scottish Office
30th January 1991


text:
1
This Order may be cited as the Public Telecommunication SystemDesignation (Diamond Cable (Newark) Limited) Order 1991 and shall comeinto force on 10th June 1991.
2
Each of the Applicable Cabled Systems is hereby designated as apublic telecommunication system.
John Redwood
Minister of State,
Department of Tradeand Industry
1st May 1991


text:
Citation and commencement
1
These Regulations may be cited as the Education (Teachers) (Amendment) (No.2) Regulations 1991 and shall come into force on 1st September 1991.
Amendment
2
Paragraph 2(2) of Schedule 5 to the Education (Teachers) Regulations 1989 shall be amended by the insertion, after sub-paragraph (e), of the following:
f
in whose case the States of Guernsey Education Council has submitted to the Secretary of State a recommendation that he should be awarded qualified teacher status and
i
a statement that he has successfully completed two school years' full-time service or the equivalent period of part-time service as a teacher licensed by the States of Guernsey Education Council and the training specified in the licence; or
ii
a statement that he has successfully completed not less than one school year’s service as a teacher licensed by the States of Guernsey Education Council and the training specified in the licence and that before the date of commencement of the licence he had attained the age of 24 years and had been employed for not less than two years as a teacher or lecturer at an independent school or an institution or a university in the United Kingdom or as an Instructor or Education Officer in the Armed Forces of the Crown or as an instructor under paragraph 3 of Schedule 3 and was not dismissed on the grounds other than redundancy; or
iii
a statement–
1
that he has successfully completed not less than one term’s service as a licensed teacher and the training proposed in the recommendation for a licence; and
2
that before the date of commencement of the licence he had successfully completed either–
a
a course of at least three years' duration of initial training for teachers in schools at an educational institution outside England and Wales; or
b
a first degree course and a post-graduate course of initial training for teachers in schools at such an institution (whether or not the same institution); and
3
that he had been employed for not less than one year as a teacher or lecturer in a school, independent school, institution or university or other educational establishment either in England or Wales or elsewhere and was not dismissed on grounds other than redundancy.
.
Signed by authority of Secretary of State for Education and Science
Michael Fallon
Parliamentary Under Secretary,
Department of Educationand Science
5th August 1991


text:
1
This Order may be cited as the Combined Probation Areas (Staffordshire) Order 1991 and shall come into force on 1st January 1992.
2
Schedule 2 to the Combined Probation Areas Order 1986 shall be amended by substituting for the entry in respect of Staffordshire the following entry —
(1) (2) (3) Petty Sessions Area Probation Area Number of justices on probation committee
Burton upon Trent Staffordshire 2 Cannock 2 Lichfield 1 Mid-Staffordshire 5 Newcastle-under-Lyme and Pirehill North 3 Rugeley 1 Seisdon 1 Staffordshire Moorlands 2 Stoke-on-Trent 6 Tamworth 1
3
The five members of the Staffordshire Probation Committee appointed before 1st January 1992 by the justices for the petty sessions of Eccleshall, Stafford, Stone and Uttoxeter shall continue in office as if they had been appointed by the justices for the new petty sessions area of Mid-Staffordshire .
4
The three members of the Staffordshire Probation Committee appointed before 1st January 1992 by the justices for the petty sessions areas of Newcastle-under-Lyme and Pirehill North shall continue in office as if they had been appointed by the justices for the new petty sessions area of Newcastle-under-Lyme and Pirehill North.
5
The two members of the Staffordshire Probation Committee appointed before 1st January 1992 by the justices for the petty sessions area of Leek and Cheadle shall continue in office as if they had been appointed by the justices for the new petty sessions area of Staffordshire Moorlands.
Kenneth Baker
One of Her Majesty’s Principal Secretaries of State
Home Office
19th December 1991


text:
1
This Order may be cited as the Value Added Tax (Special Provisions) (Amendment) Order 1991 and shall come into force on 1st December 1991.
2
For article 12 of the Value Added Tax (Special Provisions) Order 1981 there shall be substituted the following:
12
–
1
Subject to paragraph (2) below, there shall be treated as neither a supply of goods nor a supply of services the following supplies by a person of assets of his business–
a
their supply to a person to whom he transfers his business as a going concern where–
i
the assets are to be used by the transferee in carrying on the same kind of business, whether or not as part of any existing business, as that carried on by the transferor, and
ii
in a case where the transferor is a taxable person, the transferee is already, or immediately becomes as a result of the transfer, a taxable person or a person defined as such in section 2(2) of the Manx Act;
b
their supply to a person to whom he transfers part of his business as a going concern where–
i
that part is capable of separate operation,
ii
the assets are to be used by the transferee in carrying on the same kind of business, whether or not as part of any existing business, as that carried on by the transferor in relation to that part, and
iii
in a case where the transferor is a taxable person, the transferee is already, or immediately becomes as a result of the transfer, a taxable person or a person defined as such in section 2(2) of the Manx Act.
2
A supply of assets shall not be treated as neither a supply of goods nor a supply of services by virtue of paragraph (1) above to the extent that it consists of–
a
a grant which would, but for an election which the transferor has made, fall within item 1 of Group 1 of Schedule 6 to the Value Added Tax Act 1983 ; or
b
a grant of a fee simple which falls within paragraph (a) of item 1 of Group 1 of Schedule 6 to the Value Added Tax Act 1983, unless the transferree has made an election in relation to the land concerned which has effect on the relevant date and has given any written notification of the election required by paragraph 3(6) of Schedule 6A to the Value Added Tax Act 1983 no later than the relevant date.
3
In paragraph (2) of this article–
“election” means an election having effect under paragraph 2 of Schedule 6A to the Value Added Tax Act 1983;
“relevant date” means the date upon which the grant would have been treated as having been made or, if there is more than one such date, the earliest of them;
“transferor” and
“transferee” include a relevant associate of either respectively as defined in paragraph 3(8) of Schedule 6A to the Value Added Tax Act 1983.
4
There shall be treated as neither a supply of goods nor a supply of services the assignment by an owner of goods comprised in a hire-purchase or conditional sale agreement of his rights and interest thereunder, and the goods comprised therein, to a bank or other financial institution.
.
Thomas Sackville
Sydney Chapman
Two of the Lords Commissioners of Her Majesty’s Treasury
4th November 1991


text:
1
The new highways which the Secretary of State proposes to constructalong the routes described in the Schedule to this Order which connectthe trunk road with other highways at the places stated in that Schedule(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 comesinto force.
2
The centre line of each of the slip roads is indicated by a heavyblack line on the deposited plan.
3
The Secretary of State directs as respects any part of a highwaywhich crosses the route of either of the slip roads that —
a
where the highway is a highway maintainable at the public expense bya local highway authority, the part in question shall be maintained bythat authority; and
b
where the highway is not a highway so maintainable and is notmaintainable under a special enactment or by reason of tenure, enclosureor prescription, the Secretary of State shall be under no duty tomaintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purpose of through traffic.
4
In this Order: —
1
i
“the deposited plan”means the plan numbered HA10/2E/320 marked“The A11 Trunk Road (Newmarket to Red Lodge Dualling) Slip Roads Order1991”, signed by authority of the Secretary of State and deposited at theDepartment of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the trunk road”means the All Trunk Road.
5
This Order shall come into force on 24th May 1991 and may be citedas the A11 Trunk Road (Newmarket to Red Lodge Dualling) Slip Roads Order1991.
Signed by authority of the Secretary of State for Transport
Peter Emms
Regional Director Eastern Region
Department of Transport
30th April 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Eastbourne Hospitals National Health Service Trust (Establishment) Order 1991 and shall come into force on 1st November 1991.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of or Schedule 1 to the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 1st November 1991;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Eastbourne Hospitals 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 Eastbourne Hospitals National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at Eastbourne Hospitals, c/o District General Hospital, Kings Drive, Eastbourne, East Sussex, BN21 2UD and associated hospitals;
b
to manage community health services provided from Eastbourne Hospitals, c/o District General Hospital, Kings Drive, Eastbourne, East Sussex, BN21 2UD and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1992.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Eastbourne 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 Eastbourne 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 Eastbourne Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Virginia Bottomley
Minister of State,
Department of Health
21st October 1991


text:
Citation and commencement
1
1
This Order may be cited as the Oxfordshire (District Boundaries) Order 1991.
2
This Order shall come into force on 25th March 1991 for any purpose set out in regulation 4(1) (coming into operation of order) of the Local Government Area Changes Regulations 1976 .
3
For all other purposes this Order shall come into force on 1st April 1991.
Interpretation
2
In this Order —
“boundary map” means one of the 4 maps prepared by the Department of the Environment, marked “Maps of the Oxfordshire (District Boundaries) Order 1991” duly numbered for reference and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976;
“electoral division” means an electoral division of the county of Oxfordshire;
“ward”, unless the context otherwise requires, means a ward of the City of Oxford.
Transfers to City of Oxford
3
1
The area or areas marked on a boundary map as shown in column 1 of Schedule 1 to this Order and forming part of the district and parish specified in relation thereto in columns 2 and 3, respectively, shall cease to form part of a parish and shall be transferred to —
a
the City of Oxford;
b
the ward and electoral division (if any) specified in relation to the area or areas in question in columns 4 and 5 respectively; and
c
the petty sessional division (if any) specified in relation to the area or areas in question in column 6.
2
The area or areas of the district of South Oxfordshire marked on a boundary map as shown in column 1 of Schedule 2 hereto and forming part of the parish specified in relation thereto in column 2 shall be transferred to —
a
the City of Oxford; and
b
the ward, electoral division and petty sessional division (if any) specified in relation to the area or areas in question in columns 3, 4 and 5, respectively.
Transfers from City of Oxford
4
The area or areas of the City of Oxford marked on a boundary map as shown in column 1 of Schedule 3 hereto shall be transferred to the district, ward of that district, parish, electoral division and petty sessional division (if any) specified in relation to the area or areas in question in columns 2, 3, 4, 5 and 6, respectively.
Transfers between parishes
5
The area or areas of the district of South Oxfordshire marked on a boundary map as shown in column 1 of Schedule 4 hereto shall be transferred to the parish, district ward and electoral division specified in relation to the area or areas in question in columns 2, 3 and 4, respectively.
Consequential electoral changes in South Oxfordshire
6
1
The Littlemore, Marston and Risinghurst wards of the district of South Oxfordshire shall be abolished and the district councillors representing those wards shall retire on 1st April 1991.
2
There shall be created in the district of South Oxfordshire a new district ward, to be known as Horspath, which shall consist of the area of the parish of Horspath.
3
From 1st April 1991 until 6th May 1991 the Horspath district ward shall be represented by the persons representing the Risinghurst ward of the district of South Oxfordshire immediately before 1st April 1991; and thereafter it shall be represented by 1 district councillor.
Consequential electoral changes in Oxford
7
1
In the City of Oxford there shall be created —
a
a new ward, to be known as Littlemore, which shall consist of the areas marked A5 and P3 to P9 on boundary map 3; and
b
a new ward, to be known as Old Marston and Risinghurst, which shall consist of the areas marked P1 and B6A on boundary map 2 and the areas marked A6, A7 and P10 on boundary map 4.
2
From 1st April 1991 until 6th May 1991 —
a
the Littlemore ward shall be represented by the persons representing the Littlemore ward of the district of South Oxfordshire immediately before 1st April 1991;
b
the Old Marston and Risinghurst ward shall be represented by the persons representing the Marston ward of the district of South Oxfordshire immediately before 1st April 1991:
and thereafter each of the new wards shall be represented by 3 city councillors.
Town and country planning
8
Any provisions of a local plan adopted by a district council which apply immediately before 1st April 1991 to an area transferred by this Order shall continue to have effect in relation to that area as if they were part of such a plan adopted by the council of the district to which that area is transferred.
Signed by authority of the Secretary of State for the Environment
Blatch
Parliamentary Under Secretary of State,
Department of the Environment
1st March 1991


text:
Citation and commencement
1
1
This Order may be cited as the North Yorkshire and West Yorkshire (County and District Boundaries) Order 1991.
2
This Order shall come into force on 20th December 1991 for any purpose set out in regulation 4(1) of the Local Government Area Changes Regulations 1976 .
3
For all other purposes, this Order shall come into force on 1st April 1992.
Interpretation
2
In this Order —
any reference to Bradford, Calderdale, Craven, Harrogate or Leeds is a reference to the district of that name;
“district” includes a borough, metropolitan borough or city;
any reference to an electoral division is a reference to an electoral division of the county of North Yorkshire;
“map” means one of the 7 maps prepared by the Department of the Environment marked “Maps of the North Yorkshire and West Yorkshire (County and District Boundaries) Order 1991”, duly numbered for reference and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976;
any reference to a ward is a reference to a ward of the district to which an area is transferred, save where the expression “parish ward” appears, when it refers to a ward of the parish to which an area is transferred; and
“North Yorkshire” means the county of North Yorkshire; and
“West Yorkshire” means the metropolitan county of West Yorkshire.
Transfers from North Yorkshire to West Yorkshire
3
Each area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from North Yorkshire, and from the district and parish mentioned in column 3 to —
a
West Yorkshire;
b
Bradford;
c
the parish, parish ward (if any) and ward mentioned in column 4; and to
d
the Keighley petty sessional division and the West Yorkshire (Western) coroner’s district.
TABLE
1. 2. 3. 4. Area marked– On map– Transferred from– To–
A1 1 Craven Parish of Steeton with Eastburn Parish of Glusburn Eastburn parish ward Craven ward A10 3 Harrogate Parish of Ilkley West parish ward Parish of Middleton Ilkley ward A8 2 Harrogate Parish of Ilkley West parish ward Parish of Nesfield with Langbar Ilkley ward A7 2 Harrogate Parish of Addingham Craven ward Parish of Nesfield with Langbar
Transfers from West Yorkshire to North Yorkshire
4
1
The parts of the parish of Steeton with Eastburn which are marked A2, A3, A4, A5 and A6 on map 1 shall be transferred —
a
from West Yorkshire to North Yorkshire;
b
from Bradford to Craven;
c
to the Staincliffe petty sessional division, and the Claro coroner’s district.
The area marked A2 shall additionally be transferred to the parish of Glusburn, to the Glusburn ward, and to the South Craven electoral division. The areas marked A3, A4, A5 and A6 shall additionally be transferred to the parish of Kildwick, to the Aire Valley ward, and to the Airedale electoral division.
2
The part of the parish of Ilkley which is marked A9 on map 3 shall be transferred —
a
from West Yorkshire to North Yorkshire;
b
from Bradford to Harrogate;
c
to the parish of Middleton;
d
to the Wharfedale Moors ward, and to the Pately Bridge electoral division; and
e
the Staincliffe petty sessional division and the Claro coroner’s district.
Transfers between districts in West Yorkshire
5
1
The areas of Bradford which are marked B1 and B3 on map 4, B5 and B6 on map 5 and B8 on map 6 shall be transferred to Leeds, to the Pudsey and Otley petty sessional division, and to the West Yorkshire (eastern) coroner’s district. The area marked B8 shall additionally be transferred to the Pudsey North ward, and the areas marked B1, B3, B5 and B6 to the Aireborough ward.
2
The areas of Bradford which are marked B9, B10 and B12 on map 7 shall be transferred to Calderdale, to the Illingworth ward, and to the Calder petty sessional division.
3
The areas of Calderdale which are marked B11 and B13 on map 7 shall be transferred to Bradford, to the Queensbury ward and to the Bradford petty sessional division.
4
The areas of Leeds which are marked B2 on map 4, B4 on map 5, and B7 on map 6 shall be transferred to Bradford, to the Bradfors petty sessional division, and to the West Yorkshire (Western) coroner’s district. The area marked B7 shall additionally be transferred to the Bradford Moor ward, and the areas marked B2 and B4 to the Idle ward.
5
All areas transferred by this article shall continue to be unparished.
Town and country planning
6
1
In this article, “provision” means a provision of a development plan as defined 336 of the Town and Country Planning Act 1990 .
2
Any provision applying to an area transferred by this Order shall continue to apply to that area, notwithstanding the transfer, until replaced by a provision which so applies, and which is expressed so to supersede the preserved provision.
Signed by authority of the Secretary of State for the Environment
Robert Key
Parliamentary Under Secretary of State,
Department of the Environment
19th November 1991


text:
Citation, commencement and extent
1
–
1
These Regulations may be cited as the Access to Personal Files (Social Services) (Amendment) Regulations 1991 and shall come into force on 1st August 1991.
2
These Regulations apply to England and Wales.
Amendment of the Access to Personal Files (Social Services) Regulations 1989
2
–
1
The Access to Personal Files (Social Services) Regulations 1989 shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 1(2) (citation, commencement, interpretation and extent) there shall be inserted at the end the words–
“National Health Service trust” has the meaning assigned by section 5 of the National Health Service and Community Care Act 1990
3
In regulation 8(3)(a), (4) and (5) (exemption from access to personal health information from a health professional) after the words “health authority” on each occasion on which they appear there shall be inserted the words “or National Health Service trust” and at the end of regulation 8(3)(a) for the words “with that” there shall be substituted “with a”.
4
In the Schedule to the Regulations (Health Professionals) in column 1 (Description) there shall be inserted–
a
after the words “health authority” in the penultimate entry the words “or National Health Service trust”, and
b
after the words “an authority” in the last entry the words “or National Health Service trust”.
William Waldegrave
One of Her Majesty’s Principal Secretaries of State
9th July 1991


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security Benefits Up-rating Regulations 1991 and shall come into force on 8th April 1991.
2
In these Regulations, unless the context otherwise requires–
“ the Act ” means the Social Security Act 1975;
“the 1986 Act ” means the Social Security Act 1986;
“the up-rating order ” means the Social Security Benefits Up-rating Order 1991 ;
and any reference in a regulation to a numbered paragraph is to the paragraph of that regulation bearing that number.
Conditions relating to payment of additional benefit under awards made before the appointed or prescribed day
2
1
This regulation applies to a case where–
a
either–
i
an award of any benefit under Chapters I to III of Part II of the Act has been made before the day appointed or prescribed for the payment of the benefit in question at a higher rate provided in or by virtue of the up-rating order, or
ii
an award of any benefit under Part IIof the Act has been made before the day appointed or prescribed for the payment of the benefit in question at a lower rate provided in or by virtue of the up-rating order;
b
the period to which the award relates has not ended before that day; and
c
the award does not, in accordance with the provisions of section 64(3) of the 1986 Act, provide for the payment of the benefit at a higher or lower rate (as the case may be) as from that day.
2
In a case to which this regulation applies, section 64(2) of the 1986 Act shall have effect subject to the condition that if a question arises as to either–
a
the weekly rate at which the benefit is payable by virtue of the up-rating order; or
b
whether the conditions for the receipt of the benefit at the altered rate are satisfied,
the benefit shall, until the question has been determined in accordance with the provisions of the Act, be or continue to be payable at the weekly rate specified in paragraph (3).
3
The weekly rate referred to in paragraph (2) is the weekly rate specified in the award or the weekly rate at which the benefit would have been paid if the question had not arisen, whichever is the lower.
Persons not ordinarily resident in Great Britain
3
Regulation 5 of the Social Security Benefit (Persons Abroad) Regulations 1975 (application of disqualification in respect of up-rating of benefits) shall apply to any additional benefit payable by virtue of the up-rating order.
Amendment of the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983
4
Regulation 3 of the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983 (persons deemed to be incapable of work) shall be further amended by the substitution in paragraph (3) for “£35.00” of “£39.00”.
Amendment of the Social Security (General Benefit) Regulations 1982
5
Regulation 16 of the Social Security (General Benefit) Regulations 1982 (earnings level for the purpose of unemployability supplement) shall be further amended by the substitution for “£1820.00” of “£2028.00”.
Earnings limit
6
The sums specified in paragraph 2B of Schedule 2 to the Social Security Benefit (Dependency) Regulations 1977 (prescribed circumstances for increase of invalid care allowance) shall be increased from £100, £13 and £100 to £110, £14 and £110 respectively.
Revocation
7
The Social Security Benefits Up-rating Regulations 1990 are hereby revoked.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
7th March 1991


text:
1
This Order may be cited as the District of South Herefordshire(Electoral Arrangements) Order 1991.
2
This Order shall come into force on 2nd May 1991 except that for thepurpose of all proceedings preliminary or relating to an election to beheld on or after that day, it shall come into force forthwith.
3
1
The existing wards of the District of South Herefordshire shall beabolished and that district shall be divided into thirty-three wardswhich shall bear the names set out in column 1 of Schedule 1 to thisOrder, and each such ward shall comprise the existing areas specifiedopposite thereto in column 2 of that Schedule.
2
The number of councillors to be elected for each ward constituted byparagraph (1) above shall be the number specified in column 3 of theSchedule 1 to this Order opposite to the name of the ward as given incolumn 1 of that Schedule.
4
1
Subject to the provisions of article 5 below, the elections ofcouncillors shall be by thirds.
2
Subject to the provisions of article 5 below, the order ofretirement of councillors shall be as set out in Schedule 2 to thisOrder.
5
1
The councillors who immediately before the coming into force of thisOrder represent the existing Broad Oak, Burghill, Burmarsh, DinedorHill, Dinmore Hill, Golden Valley, Kingsthorne, Merbach, Munstone,Olchon, Pontrilas, Ross-on-Wye East,Ross-on-Wye West, Thinghill, TramInn and Whitfield wards of the District shall represent the ward of thesame name as constituted by this Order.
2
Any casual vacancy existing immediately before the coming into forceof this Order in the representation of one of those existing wards shallbe deemed to exist in the representation of the ward of the same name asconstituted by this Order.
3
The councillors for the Backbury, Clehonger East, Clehonger West,Credenhill, Doward, Fownhope, Garron, Gorsley, Hagley, Harewood End,Hollington, Old Gore, Penyard, Stoney Street, Swainshill, Walford andWilton wards of the District as constituted by this Order shall beelected at the ordinary elections of councillors in 1991.
4
Two councillors for each of the Ross-on-Wye East and Ross-on-Wye West wards of the District as constituted by this Order shall be elected at the ordinary elections of councillors in 1991.
5
The councillors elected in 1991 for the Backbury, Clehonger West,Credenhill, Hagley, Hollington and Swainshill wards of the Districtshall retire in 1994.
6
The councillor elected in 1991 for the Stoney Street ward of theDistrict shall retire in 1992.
7
Of the councillors elected in 1991 for the Clehonger East andRoss-on-Wye West wards of the District, other than on an election tofill a casual vacancy —
a
one shall retire in 1992 being, subject to paragraphs (10) and (11)below, the councillor elected by the smaller number of votes;
b
the remaining councillor shall retire in 1995.
8
Both the councillors elected in 1991 for the Ross-on-Wye East wardof the District, other than on an election to fill a casual vacancy,shall retire in 1995.
9
In the case of an equality of votes between any persons electedwhich makes it uncertain which of them is to retire in any such year,the person to retire in that year shall be determined by lot.
10
If an election of councillors for the Clehonger East ward or theRoss-on-Wye West ward of the District is not contested, the person toretire in each such year shall be determined by lot.
11
Where under this article any question is to be determined by lot,the lot shall be drawn at the next practicable meeting of the councilafter the question has arisen, and the drawing shall be conducted underthe direction of the person presiding at the meeting.
12
Except as otherwise provided in the foregoing paragraphs of thisarticle, the term of office of councillors shall be four years, and allcouncillors shall retire on the fourth day after the ordinary day ofelection of councillors of the district in the year of retirement andthe newly elected councillors shall come into office on the day on whichtheir predecessors retire.
13
In this article“the District” means the District of South Herefordshire.
6
1
The ordinary elections of parish councillors elected in 1991 for anyparish or ward of a parish situated in the Hollington ward of theDistrict of South Herefordshire shall take place in 1994 and thereafterordinary elections shall take place every fourth year.
2
The ordinary elections of parish councillors for any parish or wardof a parish situated in the Backbury, Broad Oak, Burghill, Burmarsh,Credenhill, Dinedor Hill, Dinmore Hill, Golden Valley, Hagley,Kingsthorne, Merbach, Munstone, Olchon, Pontrilas, Stoney Street,Swainshill, Thinghill, Tram Inn and Whitfield wards of the District ofSouth Herefordshire shall take place in the ordinary year of election ofthe councillor for the district ward in which the parish or ward of theparish is situated.
3
The ordinary elections of parish councillors for the parish ofClehonger shall take place in 1992 and every fourth year thereafter.
4
The parish councillors to whom the foregoing paragraphs of thisarticle apply shall retire on the fourth day after the ordinary day ofelection of parish councillors in the year of retirement and the newlyelected councillors shall come into office on the day on which theirpredecessors retire.
7
The registration officer shall make such re-arrangement oralteration of the register of local government electors as may benecessary on account of the coming into force of this Order.
Kenneth Baker
One of Her Majesty’s Principal Secretaries of State
Home Office
22nd March 1991


text:
1
This Order may be cited as the Local Government and Housing Act 1989 (Commencement No. 12) Order 1991.
2
Section 194(1) of the Local Government and Housing Act 1989, in so far as it relates to paragraph 113 of Schedule 11, shall come into force on 1st April 1991.
Michael Heseltine
One of Her Majesty’s Principal Secretaries of State
26th March 1991


text:
Citation and commencement
1
This Order may be cited as the North Hull Housing Action Trust (Area and Constitution) Order 1991 and shall come into force on the day after the day on which it is made.
Interpretation
2
In this Order, “the map” means the map entitled “Map referred to in the North Hull Housing Action Trust (Area and Constitution) Order 1991”, of which prints, signed by an Under Secretary in the Department of the Environment, are deposited and available for inspection at the offices of the Secretary of State for the Environment and the offices of the council of the City of Kingston upon Hull.
Designation of housing action trust area
3
The area comprising the two parcels of land shown on the map bounded externally by a black line edged internally with a stippled band is hereby designated as a housing action trust area.
Establishment of the North Hull Housing Action Trust
4
For the area designated by article 3 above there is hereby established a housing action trust, named the North Hull Housing Action Trust.
Michael Heseltine
Secretary of State for the Environment
17th July 1991


text:
1
This Order may be cited as the Matrimonial and Family ProceedingsAct 1984 (Commencement No. 5) Order 1991.
2
The following provisions of the Matrimonial and Family ProceedingsAct 1984 shall come into force on 14th October 1991: —
a
sections 40 and 41; and
b
so much of Schedule 3 as has not already been brought into forceand section 46(3) so far as it relates thereto.
Mackay of Clashfern, C.
30th April 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Bristol Waterworks Company (Constitution and Regulation) Order 1991 and shall come into force on 12th November 1991.
2
In this Order —
“the 1845 Act ” means the Companies Clauses Consolidation Act 1845 ; and
“the 1863 Act ” means the Companies Clauses Act 1863 .
Approval of proposal contained in the special resolution
2
The proposal contained in the special resolution is hereby approved.
Date on which memorandum and articles come into force etc.
3
The date specified for the purposes of section 101(2) of the Act as the date on which the memorandum and articles shall come into force and the relevant provisions shall cease to have effect is 12th November 1991.
Consequential provision
4
The local statutory provisions referred to in Schedule 2 hereto are repealed to the extent indicated in that Schedule with effect from 12th November 1991.
Michael Heseltine
One of Her Majesty’s Principal Secretaries of State
16th October 1991


text:
Citation and commencement
1
1
This Order may be cited as the Hereford and Worcester and Shropshire (County Boundaries) Order 1991.
2
20th March 1991 is hereby specified as the day on which this Order shall come into force for any purpose set out in regulation 4(1) (coming into operation of order) of the Local Government Area Changes Regulations 1976 .
3
For all other purposes, this Order shall come into force on 1st April 1991.
Interpretation
2
In this Order, “the boundary map” means the map prepared by the Department of the Environment marked “Map of the Hereford and Worcester and Shropshire (County Boundaries) Order 1991” and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976.
Transfer from Hereford and Worcester to Shropshire
3
The part of the county of Hereford and Worcester, the district of Wyre Forest and the parish of Upper Arley marked “A1” on the boundary map shall be transferred to–
a
the county of Shropshire;
b
the district of Bridgnorth, and the Kinlet ward of that district;
c
the parish of Kinlet;
d
the Stottesdon electoral division of Shropshire;
e
the Bridgnorth petty sessional division;
f
the South Shropshire Coroner’s district.
Town and county planning
4
Any provision of a development plan applying to the area transferred by this Order shall continue to apply thereto notwithstanding the transfer; and after such transfer, any such provision shall, so far as it so applies, be for all purposes deemed to be a provision of a plan of the authority which becomes the appropriate local planning authority for the transferred area as a result of the transfer.
Signed by authority of the Secretary of State for the Environment
Blatch
Parliamentary Under Secretary of State,
Department of the Environment
19th February 1991