text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Local Government Superannuation (Amendment) Regulations 1990 and shall come into force on 17th September 1990, but regulation 2 shall have effect as from 1st April 1990.
2
In these Regulations “the principal Regulations ” means the Local Government Superannuation Regulations 1986 , and unless the context otherwise requires any expression which is also used in the principal Regulations has the same meaning as in those Regulations.
Appropriate superannuation fund
2
In Regulation C1(5) of the principal Regulations , after sub-paragraph (i), there shall be inserted the following:
or
j
at any time after 31st March 1990 ceases to be a pensionable employee of the London Residuary Body, and within one month and a day after ceasing to be such an employee becomes a pensionable employee of a London borough council or of the Common Council,
.
Additional payments in respect of previous part-time service
3
After regulation C7 of the principal Regulations there shall be inserted the following:
Additional payments in respect of previous part-time service
C7A
1
In this regulation —
“eligible person” shall be construed in accordance with paragraph (2);
“employing authority”, in relation to a person who has ceased to be a pensionable employee, means the body which was his employer when he was last a pensionable employee.
2
Subject to paragraph (3), an eligible person is a person who became entitled by virtue of regulation D12 to reckon a period of service as qualifying service, or who would have been so entitled if that regulation and Part IV of Schedule 2 had come into force on 1st April 1986 and if the words “or 5” had been inserted after the words “paragraph 1(1)” in regulation D12(1)(a).
3
A person is not an eligible person if —
a
he has ceased to hold a local government employment and, on ceasing to hold such employment, was not entitled to any benefits under regulation E2(1) ;or
b
he has ceased to be a pensionable employee by virtue of a notification under regulation B1B unless he again becomes a pensionable employee before 17th March 1991.
4
An eligible person may, or, if he has died, his widow or widower may on his behalf, by notice given in accordance with paragraph (6), elect to make payment to the appropriate superannuation fund in order to become entitled under regulation D13 to reckon an additional period as whole-time reckonable service.
5
As soon as is reasonably practicable after 17th September 1990, and in any event within 12 months after that date, an eligible person’s employing authority shall notify him or his widow or widower in writing of the right of election under paragraph (4) and of the requirements of paragraph (6) as to notice.
6
A notice of election —
a
shall be given in writing to the eligible person’s employing authority not later than six months after he or his widow or widower has received a notification under paragraph (5);
b
shall specify the length of the period which the eligible person or his widow or widower wishes to be taken into account for the purpose of reckoning an additional period of whole-time reckonable service under regulation D13;
c
shall be irrevocable but, subject to paragraph (7), an eligible person or his widow or widower may by further notice given in accordance with sub-paragraph (a) increase the period specified under sub-paragraph (b).
7
The length of the period specified under paragraph (6) shall not exceed the length of the period of service which the eligible person became entitled (or, in the circumstances described in paragraph (2), would have become entitled) to reckon as qualifying service before 1st April 1986 by virtue of regulation D12.
8
Subject to paragraph (9), the amount payable by or on behalf of an eligible person pursuant to an election under paragraph (4) shall be a capital sum calculated in accordance with Part I of Schedule 4A.
9
The employing authority may, in respect of an eligible person, agree to pay a proportion, not exceeding one half, of the sum referred to in paragraph (8), in which case the amount payable by or on behalf of that person shall be reduced accordingly.
10
As soon as is reasonably practicable after receiving a notice of election, the employing authority shall send it to the appropriate administering authority together with a written statement of the proportion (if any) of the sum referred to in paragraph (8) that they have agreed to pay.
11
As soon as is reasonably practicable thereafter, the appropriate administering authority shall calculate the sum referred to in paragraph (8), and shall send to the employing authority and the eligible person or his widow or widower a statement of that sum and of the amount payable by each of them and, where appropriate, the frequency and amount of any instalments to be paid in accordance with paragraph (14).
12
Subject to paragraph (13), the employing authority shall pay to the appropriate administering authority, not later than one month (or such longer period as the authorities may agree) after receiving the statement referred to in paragraph (11), the amount shown therein as payable by them, and regulation P10(6) shall apply to an amount payable under this paragraph as it applies to sums payable under regulation P10.
13
The employing authority and the appropriate administering authority may agree that paragraph (12) shall not apply, in which case the amount payable by the employing authority shall be recoverable under regulation P7 (employer’s contributions) in the three year period following the next periodical valuation of the fund under regulation P5.
14
Where the eligible person is a pensionable employee, the amount payable by him under paragraph (8) shall, subject to paragraph (15), be paid by instalments of equal amounts at such intervals as the appropriate administering authority may agree over a period —
a
equal in length to the period of qualifying service specified in the notice of election under paragraph (6) or such longer period as the appropriate administering authority may agree, or
b
until his 65th birthday,
whichever is the lesser period, and the first such instalment shall be paid not later than two months after service of the statement under paragraph (11).
15
Instalments paid under paragraph (14) shall not in any year exceed such amount as, when added to all other payments made by the eligible person in that year under Part C, is equal to the limit specified in paragraph 21 of Schedule 6 to the Finance Act 1989 .
16
Where the eligible person has ceased to be a pensionable employee on the date of service of the statement under paragraph (11) or dies before he has paid any instalments under paragraph (14), the amount payable by or on behalf of him under paragraph (8) shall be paid in full to the appropriate administering authority in a single payment made not later than three months after that date.
17
The appropriate administering authority shall carry and credit payments made in pursuance of paragraph (12) or (16) to the appropriate superannuation fund.
18
Payment in accordance with paragraph (14) may be discontinued if the eligible person satisfies the appropriate administering authority that its continuance would cause financial hardship.
Discontinuance of periodical payments in certain cases
C7B
1
This regulation applies to a pensionable employee who has elected under regulation C6 to make additional contributions and who, before he has completed payment of those contributions, makes an election under regulation C7A.
2
An employee to whom this regulation applies may, within three months after receiving the statement referred to in regulation C7A(11), give notice in writing to the appropriate administering authority that he does not intend to complete payment of additional contributions under regulation C6.
3
Where an employee gives notice under paragraph (2), paragraph 3 of Schedule 8 shall apply as if payment of additional contributions had been discontinued under regulation C6(5),
.
Increase of reckonable service of part-time employees
4
After regulation D12 of the principal Regulations there shall be inserted the following regulation:
Increase of reckonable service of part-time employees
D13
1
A person who has made, or whose widow or widower has made, one or more payments under regulation C7A(14) or (16) is entitled to reckon as whole-time reckonable service an additional period calculated in accordance with Part II of Schedule 4A.
2
The additional period shall be disregarded for the purposes of regulation K1(4)(b) .
3
In respect of a person who is entitled to reckon service after 5th April 1988 as reckonable service under regulation D1, the additional period shall be treated as reckonable service after that date. In any other case, it shall be treated as reckonable service before 6th April 1988.
.
Disregard of certain reckonable service in determining entitlement to benefits
5
In regulation E27 of the principal Regulations, in paragraph (b), after the words “D7” there shall be inserted the words “or D13”.
Increase in certain benefits already payable
6
After regulation E33 of the principal Regulations there shall be inserted the following regulation:
Increase in certain benefits already payable
E34
1
This regulation applies where a person has become entitled under regulation D13 to reckon an additional period as whole-time reckonable service by virtue of a lump sum payment having been made in accordance with regulation C7A(16).
2
Where this regulation applies —
a
the additional period shall be treated as having been reckonable at the time when the person ceased to be a pensionable employee, and
b
the person shall be entitled to receive, within one month after making the lump sum payment, a sum equal to the additional amount he would have received if any benefits already paid to him had been calculated by reference to the increased reckonable service.
.
Payments by employing authorities to administering authorities
7
In regulation P10(4)(bb) of the principal Regulations , after the words “in respect of,”, there shall be inserted the words “instalments under regulation C7A or”.
Payment for additional reckonable service of part-time employees
8
After Schedule 4 to the principal Regulations there shall be inserted as Schedule 4A the Schedule set out in the Schedule to these Regulations.
Signed by authority of the Secretary of State for the Environment
Michael Portillo
Minister of State,
Department of the Environment
20th August 1990


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North Hertfordshire National Health Service Trust (Establishment) Order 1990 and shall come into force on 21st December 1990.
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 has a function to provide under sections 3(1)(d) or (e) or 5(1)(a) and (1A) of, or Schedule 1 to the National Health Service Act 1977 ;
“establishment date” means 21st December 1990;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the North Hertfordshire National Health Service Trust estab lished by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the North Hertfordshire 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 at the Lister Hospital, Coreys Mill Lane, Stevenage, Hertfordshire SG1 4AB and associated hospitals.
b
to manage community health services provided from the Lister Hospital, Coreys Mill Lane, Stevenage, Hertfordshire SG1 4AB and to own the premises there from which those services are to be provided and any associated premises.
Directors of the trust
4
1
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 1991.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date in order to enable it to begin to operate satisfactorily from the operational date the trust shall have the limited functions–
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary for the said purpose.
Assistance by health authorities before operational date
7
1
The North Hertfordshire Health Authority shall–
a
until the operational date make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The North Hertfordshire Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are–
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the North Hertfordshire Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Stephen Dorrell
Parliamentary Under-Secretary of State,
Department of Health
4th December 1990


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Occupational and Personal Pension Schemes (Levy) Regulations 1990 and shall come into force on 1st January 1991.
2
In these Regulations —
“active member” means —
i
a member of a registrable scheme by or in respect of whom contributions are payable to the scheme; or
ii
in the case of a registrable scheme which is an occupational pension scheme, a member whose employment in the United Kingdom qualifies him for benefits under the scheme (whether or not contributions are currently payable to the scheme by or in respect of him) other than only benefits payable on his death while in that employment;
“address of the scheme” means the place in the United Kingdom, or if more than one, the principal place, at which the management of the registrable scheme is conducted;
“employment in the United Kingdom” has the same meaning as in regulation 1(4) of the Register Regulations ;
“number of active members” means —
in the case of a scheme which has been established for not less than one scheme year, the number of active members at the end of the scheme year immediately preceding the period in respect of which the levy in question is payable; and
in any other case, the number of active members at the date at which the scheme was established;
“paid up or frozen scheme” means a registrable scheme under which benefits continue to be payable to existing members and to which —
no new members may be admitted;
no further contributions are payable by or in respect of existing members; and
no further benefits accrue to existing members although benefits which have already accrued to them may be increased;
“Register Regulations” means the Register of Occupational and Personal Pension Schemes Regulations 1990 ;
“registrable scheme” means an occupational or personal pension scheme —
which either —
is established in the United Kingdom; or
has a place at which its management is conducted in the United Kingdom and has a representative appointed to carry out the functions of a trustee or manager in the United Kingdom;
which either —
is a scheme in respect of which a person has applied for, or received, the approval of the Board of Inland Revenue for the purposes of section 590 or section 591 (other than subsection (2)(g)) of the Income and Corporation Taxes Act 1988 (conditions for approval of retirement benefit schemes and discretionary approval), or for the purposes of Chapter IV of Part XIV of that Act (personal pensions schemes); or
is a scheme which is a public service pension scheme; and
is not a scheme which —
has fewer than 2 active members; or
only provides benefits on the death of a member while in employment;
“registration year” means a period of 12 months beginning on 1st April;
“scheme year”, in relation to a registrable scheme, means whichever of the following periods the trustees of the scheme select —
a year specified for the purposes of the scheme —
in any document comprising the scheme or which is included among the documents comprising it; or
in the rules of the scheme;
a calendar year;
the 12 months ending with 31st March;
the 12 months ending with 5th April,
and also includes, in a case where the trustees have selected a period (“new scheme year”) to replace a previously selected period (“old scheme year”), a period exceeding 12 months but not exceeding 24 months between the last old scheme year and the first new scheme year;
“ the Act ” means the Social Security Pensions Act 1975; and
“trustees”, in the case of a registrable scheme which is not set up under a trust or which is established outside the United Kingdom, means the person who is treated as the administrator of the scheme for the purposes of Chapter I or Chapter IV of Part XIV of the Income and Corporation Taxes Act 1988.
The levy on registrable schemes
2
1
Subject to regulation 5 of these Regulations, for the purpose of meeting some or all of the expenditure under section 57B, Part IVA and section 59K of the Act the trustees of every registrable scheme other than a paid up or frozen scheme shall be liable to pay a levy to the Secretary of State.
2
The levy shall be payable in respect of each registration year.
3
Any person who is responsible for the funding or management of a registrable scheme may discharge any liability which is imposed on the trustees of that scheme under paragraph (1) above by paying, in the manner and at the time required by these Regulations, the amount for which those trustees are liable.
4
If a registrable scheme —
a
commences after the beginning of a period in respect of which the levy is payable; or
b
is wound up or becomes a paid-up or frozen scheme during a period in respect of which the levy is payable;
the levy shall nevertheless be payable in full for that period.
Amount of the levy
3
The levy shall be of the following amounts —
a
where the number of active members of a registrable scheme is at least 2 but not greater than 6, £5;
b
where the number of active members of a registrable scheme is at least 7 but not greater than 99, £12;
c
where the number of active members of a registrable scheme is at least 100 but not greater than 999, the greater of —
i
the amount calculated by multiplying 10p by the number of active members in that scheme, or
ii
£12;
d
where the number of active members of a registrable scheme is at least 1,000 but not greater than 4,999, the greater of —
i
the amount calculated by multiplying 8p by the number of active members in that scheme, or
ii
£100;
e
where the number of active members of a registrable scheme is at least 5,000 but not greater than 9,999, the greater of —
i
the amount calculated by multiplying 6p by the number of active members in that scheme, or
ii
£400;
f
where the number of active members of a registrable scheme is at least 10,000, the greater of —
i
the amount calculated by multiplying 4p by the number of active members in that scheme, or
ii
£600.
Payment of the levy
4
1
The levy shall be remitted to the registrar of occupational and personal pension schemes who shall collect the same on behalf of the Secretary of State.
2
Subject to regulation 6 of these Regulations, the levy shall be payable in advance for a period of 3 registration years at a time.
Avoidance of duplication of payments
5
Where, but for this regulation, a levy would be payable in respect of the same registrable scheme under both these Regulations and any equivalent provision which has effect in Northern Ireland, the levy shall only be payable under these Regulations where the address of the scheme is in Great Britain.
Time of payment: transitional provisions
6
1
Notwithstanding regulation 4(2) of these Regulations the first payment of the levy shall be as follows —
a
in the case of a scheme which is established before 1st May 1991 the first payment of the levy shall be made at the time the trustees supply information to the registrar in accordance with regulation 4 of the Register Regulations, and if that payment is made before 1st April 1992 it shall be in respect of the registration year beginning on 1st April 1991 only, but otherwise it shall be in respect of the period of 3 registration years beginning on 1st April 1991;
b
in the case of a scheme which is established after 30th April 1991 but before 1st April 1992 the first payment of the levy shall be made at the time the trustees supply information to the registrar in accordance with regulation 4 of the Register Regulations and shall be made in respect of the registration year beginning on 1st April 1991 only; and
c
in the case of a scheme which is established after 31st March 1992 the first payment of the levy shall be made at the time the trustees supply information to the registrar in accordance with regulation 4 of the Register Regulations and shall be made in respect of a period of 3 registration years beginning with the registration year in which the scheme is established.
2
Where a payment is made in accordance with paragraph (1)(a) or (b) above in respect only of the registration year which begins on 1st April 1991, the registrar shall assign a letter, “A”, “B” or “C”, to the scheme, the first application to be received being assigned the letter “A”, the second application the letter “B”, the third application the letter “C”, the fourth application the letter “A”, and so on.
3
Notwithstanding regulation 4(2) of these Regulations the second payment of the levy shall be made in accordance with the following paragraphs.
4
If a scheme has been assigned the letter “A” the second payment of the levy in respect of that scheme shall be for a period of one registration year.
5
If a scheme has been assigned the letter “B” the second payment of the levy in respect of that scheme shall be for a period of 2 registration years.
6
If the scheme has been assigned the letter “C” the second payment of the levy in respect of that scheme shall be for a period of 3 registration years.
Signed by authority of the Secretary of State for Social Security.
Gillian Shephard
Parliamentary Under-Secretary of State,
Department of Social Security
15th November 1990


text:
Title and commencement
1
This Order may be cited as the Welfare of Horses at Markets (and Other Places of Sale) Order 1990 and shall come into force on 1st March 1991.
Extension of definition of “animals”
2
For the purposes of the Act in its application to this Order the definition of “animals” in section 87(1) of the Act is hereby extended so as to comprise horses, ponies, asses, hinnies and mules.
Interpretation
3
1
In this Order, unless the context otherwise requires —
“the Act” means the Animal Health Act 1981;
“animals” means cattle, sheep, goats and all other ruminating animals, pigs, horses, ponies, asses, hinnies and mules;
“appropriate Minister” means, in relation to England, the Minister, and in relation to Scotland or to Wales, the Secretary of State;
“foal” means a horse under the age of four months;
“highway” includes a road or lane and any place over which members of the public have a right to pass or repass with or without vehicles;
“horse” means a horse, pony, ass, hinny or mule;
“inspector” means a person appointed to be an inspector for the purposes of the Act by the Minister or by a local authority and, when used in relation to a person appointed by the Minister, includes a veterinary inspector;
“mare” includes a female horse in foal for the first time;
“market” means a market place, sale-yard, fairground, highway, or any other premises or place to which horses are brought from other places and exposed for sale and includes any lairage adjoining a market and used in connection with it and any place adjoining a market used as a parking area by visitors to the market for parking vehicles;
“market authority” means the local authority or other person responsible for the upkeep of a market or for the provision of fixed facilities there;
“market operator” means the person for the time being responsible for managing the reception or the sale of horses in a market;
“the Minister” means the Minister of Agriculture, Fisheries and Food;
“pen” includes box or stall;
“unfit” includes infirm, diseased, ill, injured and fatigued;
“vehicle” means any vehicle (including a trailer of any description and the detachable body of a vehicle) constructed or adapted for use on a road;
“veterinary inspector” means a veterinary inspector appointed by the Minister.
2
Any reference in this Order to a numbered article is a reference to the article bearing that number in this Order.
Scope
4
The provisions of articles 6, 8 to 11 and 14 to 17 shall apply to horses (or to any particular horses mentioned in any of those articles) —
a
while they are exposed for sale in a market or while they are awaiting removal after being exposed for sale there; or
b
which are being kept temporarily in a market (without being exposed for sale there) pending completion of their inland transit in Great Britain.
Unfit horses and mares likely to give birth
5
1
No person shall permit an unfit horse to be exposed for sale in a market.
2
No person shall permit a mare to be exposed for sale in a market if it is likely to give birth while it is there.
Protection of horses from injury or unnecessary suffering
6
1
No person shall cause or permit any injury or unnecessary suffering to a horse in a market.
2
Without prejudice to the generality of paragraph (1) above, it shall be the duty of any person in charge of a horse in a market to ensure that the horse is not, or is not likely to be, caused injury or unnecessary suffering by reason of —
a
the horse being exposed to the weather;
b
inadequate ventilation being available for the horse;
c
the horse being hit or prodded by any instrument or other thing;
d
the horse being tethered in an unsuitable manner; or
e
any other cause.
Restrictions on the sale of foals
7
1
No person shall bring or cause to be brought to a market a foal unless it is at the foot of its dam.
2
No person shall expose for sale separately a foal which has been brought to a market at the foot of its dam.
3
No person shall separate a foal from its dam while —
a
they are awaiting removal from the market after being exposed for sale; or
b
they are being kept in a market (without being exposed for sale there) pending completion of their inland transit in Great Britain.
Handling of horses
8
No person shall handle a horse in a market by —
a
lifting it off the ground; or
b
dragging it along the ground,
by the head, neck, ear, leg or tail.
Control of horses
9
1
No person shall use excessive force to control any horse in a market.
2
No person shall use in a market —
a
any instrument which is capable of inflicting an electric shock to control any horse; or
b
any stick, crop, whip, goad or other instrument or thing to hit or prod any horse.
3
No person shall drive, ride or lead any horse over any ground or floor, the nature or condition of which is likely to cause the horse to slip or fall.
Obstruction and annoyance of horses
10
1
No person shall knowingly obstruct any horse which is being driven or led through any part of a market.
2
No person shall wantonly or unreasonably annoy any horse in a market.
Penning and separation of horses
11
1
It shall be the duty of a market operator to ensure that no horse is kept in a pen which is unsuitable for the size of that horse.
2
Without prejudice to the generality of paragraph (1) above, it shall be the duty of a market operator or other person for the time being in charge of any horse to ensure that, within the market —
a
when horses are penned —
i
they are kept in separate pens from animals of another species;
ii
they are distributed within the pens, having regard to differences in age and size, so as to avoid unnecessary suffering to them;
iii
any fractious horse is kept in a separate pen from other horses; and
iv
they are not kept in pens which are overcrowded;
b
adequate provision is made to prevent horses —
i
escaping from the market, and
ii
coming into contact with any aggressive or fractious animals in the market;
c
a horse of one of the following descriptions is not kept in the same undivided pen as any other horse —
i
a stallion;
ii
a cryptorchid or rig;
iii
a mare heavily in foal;
iv
a mare with foal at foot; or
v
a horse whose hind feet are shod;
d
an unsecured horse is not kept in the same undivided pen as any horse which is secured;
e
a horse which is not penned shall be —
i
effectively separated from any other horse or other animal, and
ii
secured by the head (except where it has not been halter broken) unless it is being driven, ridden or led.
3
Notwithstanding the provisions of paragraph (2) above —
a
a horse may be accompanied in the same undivided pen by an animal of any species which is its stable companion;
b
a mare with its foal at foot may be kept together in the same undivided pen; and
c
subject to sub-paragraph 2(c)(v) above, shod horses may be kept in the same undivided pen if all the horses which are so kept are secured by the head and effectively separated one from another.
4
For the purposes of paragraph (2) above, a “fractious horse” and a “fractious animal” is a horse or other animal which is likely to cause injury to other horses or animals.
Feeding and watering of horses
12
1
It shall be the duty of the person in charge of a horse to ensure that the horse is provided with an adequate quantity of wholesome water as often as is necessary to prevent it suffering from thirst.
2
It shall be the duty of the owner (or his duly authorised agent) of a horse which is kept in a market from one day to the next to ensure that the horse is provided with and has easy access to an adequate quantity of suitable food which shall be provided in hay-nets, racks or troughs and an adequate quantity of wholesome water which shall be provided in suitable receptacles —
a
before 9 p.m. on the day on which the horse arrives at the market or, if it arrives at the market after 9 p.m., immediately on its arrival there; and
b
thereafter at least once in each complete period of 12 hours (calculated from 9 p.m. on the day of its arrival at the market) during which the horse is kept in the market.
3
In paragraph (2) above, “suitable food” means food which is wholesome and palatable to the horse.
Provision of lighting and bedding
13
It shall be duty of a market operator or other person for the time being in charge of any horse to ensure that —
a
adequate lighting is available to enable horses kept in the market to be inspected and to be fed and watered; and
b
an adequate supply of suitable bedding is provided for any foal at all times and for any other horse which is kept in a market from one day to the next.
Restrictions on keeping clipped horses in markets
14
No person shall keep or cause to be kept in a market a horse which as a result of being clipped, is insufficiently protected against the weather by its natural coat unless it is kept in covered accommodation or provided with suitable protective clothing.
Duties of market authorities
15
It shall be the duty of a market authority to ensure that —
a
all passageways and sale rings in the market and all pens in which horses are kept are —
i
constructed and maintained in a manner which is not likely to cause injury or unnecessary suffering to horses; and
ii
free from any sharp edges or projections with which horses may come into contact;
b
an adequate supply of wholesome water is available for horses;
c
any fixed ramps used for the loading or unloading of horses into or out of vehicles have —
i
anti-slip surfaces; and
ii
side railings or some other means of protection designed and constructed so as to prevent a horse from falling off them;
d
adequate facilities in the form of troughs, buckets, drinking bowls or other drinking devices are available for watering horses; and
e
any covered accommodation in the market in which horses are kept is capable of being adequately ventilated.
Accommodation for unfit horses
16
It shall be the duty of a market operator to ensure that —
a
suitable pens are available in which any unfit horses may be separated from other animals; and
b
any such pen in which an unfit horse is being kept is clearly marked so as to show that it is being used for this purpose and that entry to the pen is prohibited unless under the authority of an inspector.
Detention and treatment of unfit horses
17
1
Where an inspector has reasonable grounds for supposing that any horse in a market is unfit he may move it, or cause it to be moved, to a pen provided in the market for the accommodation of unfit horses or to any other suitable place in the market and require the market operator to detain the horse there pending its examination by a veterinary inspector.
2
Where a veterinary inspector is of the opinion that any horse in a market is unfit, he may treat it, or cause it to be treated, and take, or cause to be taken, any other steps that he considers necessary to protect it from suffering, and he may for any such purpose require the market operator to detain the horse in a pen or at a place mentioned in paragraph (1) above for as long as he considers necessary for the purpose of further treatment or otherwise protecting it from suffering.
3
Where a horse is being detained in pursuance of paragraph (1) or (2) above no person shall move it from its place of detention except with the approval of a veterinary inspector and in accordance with any conditions subject to which the approval is given.
4
No person shall enter a pen in which any unfit horse is being kept unless authorised to do so by an inspector.
5
A market operator shall —
a
render such reasonable assistance to an inspector as he may require for the purpose of facilitating the exercise of his powers under paragraph (1) or (2) above; and
b
give to an inspector such information as he possesses as to the ownership of any horse in respect of which any such power is exercised.
6
The amount of any expenses reasonably incurred by a veterinary inspector in treating, or causing to be treated, an unfit horse in exercise of the power conferred on him by paragraph (2) above shall be recoverable by the appropriate Minister as a civil debt from the owner of the horse in respect of which the power was exercised.
7
In this article “unfit” includes likely to give birth.
Marking of horses
18
An inspector may, for the purposes of this Order, mark, or cause to be marked, any horse.
Offences
19
Any person who, without lawful authority or excuse, proof of which shall lie on him —
a
defaces, obliterates or removes any mark applied to a horse in pursuance of article 18; or
b
contravenes any provision of this Order; or
c
fails to comply with any such provision or with any conditions of an approval given under article 17(3); or
d
knowingly causes or permits any such contravention or non-compliance,
commits an offence against the Act.
Local authority to enforce Order
20
The provisions of this Order shall, except where otherwise expressly provided, be executed and enforced by the local authority.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 27th December 1990.
L.S.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Strathclyde
Parliamentary Under Secretary of State, Scottish Office
27th December 1990
David Hunt
Secretary of State for Wales
21st December 1990


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Community Charge Benefits (Permitted Total) Order 1990 and shall come into force on 1st April 1990.
2
In this Order —
“community charge benefits” means community charge benefits under Part II of the Social Security Act 1986 ;
“the Community Charge Benefits Regulations ” means the Community Charge Benefits (General) Regulations 1989 .
Permitted total of benefits
2
For the purpose of section 31B(10) of the Social Security Act 1986, the permitted total of community charge benefits for any year in relation to an authority shall be the amount obtained by deducting 100% of any increases in community charge benefits granted during that year by that authority under regulation 58 of the Community Charge Benefits Regulations (increases of weekly amounts for exceptional circumstances) from the total community charge benefits granted by that authority during that year and multiplying the resulting figure by 100.1%.
Signed by authority of the Secretary of State for Social Security.
Gillian Shephard
Parliamentary Under-Secretary of State,
Department of Social Security
7th March 1990


text:
1
These Regulations may be cited as the Goods Vehicles (Authorisation of International Journeys) (Fees) (Amendment) Regulations 1990 and shall come into force on 1st January 1991.
2
The Goods Vehicles (Authorisation of International Journeys) (Fees) Regulations 1983 shall be further amended as follows.
3
For regulation 4 there shall be substituted the following regulation:
4
The fee payable on the issue of a community authorisation shall be —
a
£80 if it is valid for a period of one year, or
b
if it is valid for a period of less than one year but more than thirty days, a fee at the rate of £20 for each period of three months or part thereof in the period for which the permit is valid, or
c
£7 if it is valid for a period of thirty days.
Signed by authority of the Secretary of State.
Christopher Chope
Parliamentary Under Secretary of State,
Department of Transport
26th November 1990
We consent to the making of these Regulations.
John M Taylor
Thomas Sackville
Two of the Lords Commissioners of Her Majesty’s Treasury
28th November 1990


text:
1
The new highways which the Secretary of State proposes to construct along the routes described in Schedule 1 to this Order shall become trunk roads as from the date when this Order comes into force.
2
The centre line of each of the new trunk roads is indicated by a heavy black line on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk roads or either of them that —
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purposes of through traffic.
4
The lengths of trunk road described in Column (1) of Schedule 2 to this Order and shown by broad striped hatching on the deposited plan shall cease to be trunk road and shall be classified as shown in column (2) of that Schedule against those descriptions respectively, as from the date on whic the Secretary of State notifies the County Council of Hampshire that the new trunk roads are open for through traffic.
5
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 clasification as principal roads;
ii
“the deposited plan” means the plan numbered RSE A339/19/65/2/1 marked “The A339 Basingstoke to Newbury Trunk Road (Basingstoke Northern Bypass Trunking and Detrunking) Order 1990” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3Y;
iii
“the new trunk roads” means the highways mentioned in article 1 of this Order and “a new trunk road” means one of those highways;
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 Basingstoke to Newbury Trunk Road (A339).
6
This Order shall come into force on 27th March 1990 and may be cited as the A339 Basingstoke to Newbury Trunk Road (Basingstoke Northern Bypass Trunking and Detrunking) Order 1990.
Signed by authority of the Regional Director
D Gruffydd Jones
Secretary of State
Department of Transport South East Region
19th February 1990


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security Benefits (Student Loans and Miscellaneous Amendments) Regulations 1990 and shall come into force as follows —
a
regulations 1 to 4(6) and 4(9) to (11) and 5 to 7, on 1st September 1990;
b
regulation 4(7) and (8) —
i
in a case where the student’s period of study begins on or after 1st August 1990 but before 1st September 1990, on the first Monday of that period;
ii
in any other case, on 1st September 1990.
2
In these Regulations —
a
“the Community Charge Regulations” means the Community Charge Benefits (General) Regulations 1989 ;
b
“the Family Credit Regulations” means the Family Credit (General) Regulations 1987 ;
c
“the Housing Benefit Regulations” means the Housing Benefit (General) Regulations 1987 ;
d
“the Income Support Regulations” means the Income Support (General) Regulations 1987 ;
e
“the Unemployment Benefit Regulations” means the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983 .
Amendment of the Community Charge Regulations
2
1
The Community Charge Regulations shall be amended in accordance with the following provisions of this Regulation.
2
In regulation 23 (calculation of income other than earnings) —
a
in paragraph (1) for the reference “(2) and (3)” there shall be substituted the reference “(2) to (3A)”;
b
after paragraph (3) there shall be inserted the following paragraph —
3A
Where a loan is made to a person pursuant to arrangements made under section 1 of the Education (Student Loans) Act 1990 and that person ceases to be a student before the end of the academic year in respect of which the loan is payable or, as the case may be, before the end of his course, a sum equal to the weekly amount apportionable under paragraph (2) of regulation 42A shall be taken into account under paragraph (1) for each week, in the period over which the loan fell to be apportioned, following the date on which that person ceases to be a student; but in determining the weekly amount apportionable under paragraph (2) of regulation 42A so much of that paragraph as provides for a disregard shall not have effect.
.
3
In regulation 36 (interpretation) —
a
in the definition of “grant” at the end there shall be added the words “but does not include a payment derived from funds made available by the Secretary of State for the purpose of assisting students in financial difficulties under section 100 of the Education Act 1944 , sections 131 and 132 of the Education Reform Act 1988 or section 73 of the Education (Scotland) Act 1980 ;”
b
at the end there shall be added the following definition —
“year” in relation to a course means the period of 12 months beginning on 1st January, 1st April or 1st September according to whether the academic year of the course in question begins in the spring, the summer or the autumn respectively.
.
4
In regulation 38(2)(g) (calculation of grant income) for the figure “£234” there shall be substituted the figure “£246”.
5
After regulation 42 (other amounts to be disregarded) there shall be inserted the following regulation —
Treatment of student loans
42A
1
A loan which is made to a student pursuant to arrangements made under section 1 of the Education (Student Loans) Act 1990 shall be treated as income.
2
In calculating the weekly amount of the loan to be taken into account as income —
a
except where sub-paragraph (b) applies, the loan shall be apportioned equally between the weeks in the academic year in respect of which the loan is payable;
b
in the case of a loan which is payable in respect of the final academic year of the course or, if the course is only of one academic year’s duration, in respect of that year, the loan shall be apportioned equally between the weeks in the period beginning with the start of the final academic year or, as the case may be, the single academic year and ending with the date on which the course ends,
and from the weekly amount so apportioned there shall be disregarded £10.
3
Any loan for which a student is eligible in respect of an academic year under the arrangements mentioned in paragraph (1) but which has not been acquired by him shall be treated as possessed by him and paragraphs (1) and (2) shall apply accordingly; and for the purposes of this paragraph the loan for which a student is eligible is the maximum amount payable to him under those arrangements.
.
6
In regulation 67 (review of determination) after paragraph (5) there shall be inserted the following paragraph —
5A
Notwithstanding paragraph (1)(a), a determination or a decision shall not be reviewed where the change of circumstances is the repayment of a loan to which regulation 42A (treatment of student loans) applies.
.
7
In paragraph 21 of Schedule 4 (capital to be disregarded) for the words “(capital treated as income)” there shall be substituted the words “or 42A (capital treated as income or treatment of student loans)”.
Amendment of the Family Credit Regulations
3
1
The Family Credit Regulations shall be amended in accordance with the following provisions of this Regulation.
2
In regulation 24 (calculation of income other than earnings) —
a
in paragraph (1) for the reference “(2) to (4)” there shall be substituted the reference “(2) to (4A)”;
b
after paragraph (4) there shall be inserted the following paragraph —
4A
Where a loan is made to a person pursuant to arrangements made under section 1 of the Education (Student Loans) Act 1990 and that person ceases to be a student before the end of the academic year in respect of which the loan is payable or, as the case may be, before the end of his course, a sum equal to the weekly amount apportionable under paragraph (2) of regulation 42A shall be taken into account under paragraph (1) for each week, in the period over which the loan fell to be apportioned, following the date on which that person ceases to be a student; but in determining the weekly amount apportionable under paragraph (2) of regulation 42A so much of that paragraph as provides for a disregard shall not have effect.
.
3
In regulation 37 (interpretation) in the definition of “grant” at the end there shall be added the words “but does not include a payment derived from funds made available by the Secretary of State for the purpose of assisting students in financial difficulties under section 100 of the Education Act 1944, sections 131 and 132 of the Education Reform Act 1988 or section 73 of the Education (Scotland) Act 1980”.
4
In regulation 38(2)(f) (calculation of grant income) for the figure “£234” there shall be substituted the figure “£246”.
5
After regulation 42 (other amounts to be disregarded) there shall be inserted the following regulation —
Treatment of student loans
42A
1
A loan which is made to a student pursuant to arrangements made under section 1 of the Education (Student Loans) Act 1990 shall be treated as income.
2
In calculating the weekly amount of the loan to be taken into account as income —
a
except where sub-paragraph (b) applies, the loan shall be apportioned equally between the weeks in the academic year in respect of which the loan is payable;
b
in the case of a loan which is payable in respect of the final academic year of the course or, if the course is only of one academic year’s duration, in respect of that year, the loan shall be apportioned equally between the weeks in the period beginning with the start of the final academic year or, as the case may be, the single academic year and ending with the date on which the course ends,
and from the weekly amount so apportioned there shall be disregarded £10.
3
Any loan for which a student is eligible in respect of an academic year under the arrangements mentioned in paragraph (1) but which has not been acquired by him shall be treated as possessed by him and paragraphs (1) and (2) shall apply accordingly; and for the purposes of this paragraph the loan for which a student is eligible is the maximum amount payable to him under those arrangements.
.
6
In paragraph 21 of Schedule 3 (capital to be disregarded) for the words “(capital treated as income)” there shall be substituted the words “or 42A (capital treated as income or treatment of student loans)”.
Amendment of the Housing Benefit Regulations
4
1
The Housing Benefit Regulations shall be amended in accordance with the following provisions of this Regulation.
2
In regulation 5(3) and (5)(b) (circumstances in which a person is or is not to be treated as occupying a dwelling as his home) after the word “student” in each of those provisions there shall be inserted the words “, other than one to whom regulation 48A(1) applies (circumstances in which certain students are treated as not liable to make payments in respect of a dwelling),”.
3
In regulation 6(1) (circumstances in which a person is to be treated as liable to make payments in respect of a dwelling) after sub-paragraph (d) there shall be added the following sub-paragraph —
e
a person who is a partner of a student to whom regulation 48A(1) (circumstances in which certain students are treated as not liable to make payments in respect of a dwelling) applies.
.
4
In regulation 33 (calculation of income other than earnings) —
a
in paragraph (1) for the reference “(2) and (3)” there shall be substituted the reference “(2) to (3A)”;
b
after paragraph (3) there shall be inserted the following paragraph —
3A
Where a loan is made to a person pursuant to arrangements made under section 1 of the Education (Student Loans) Act 1990 and that person ceases to be a student before the end of the academic year in respect of which the loan is payable or, as the case may be, before the end of his course, a sum equal to the weekly amount apportionable under paragraph (2) of regulation 57A shall be taken into account under paragraph (1) for each week, in the period over which the loan fell to be apportioned, following the date on which that person ceases to be a student; but in determining the weekly amount apportionable under paragraph (2) of regulation 57A so much of that paragraph as provides for a disregard shall not have effect.
.
5
In regulation 46 (interpretation) —
a
in the definition of “grant” at the end there shall be added the words “but does not include a payment derived from funds made available by the Secretary of State for the purpose of assisting students in financial difficulties under section 100 of the Education Act 1944, sections 131 and 132 of the Education Reform Act 1988 or section 73 of the Education (Scotland) Act 1980”;
b
at the end there shall be added the following definition —
“year” in relation to a course means the period of 12 months beginning on 1st January, 1st April or 1st September according to whether the academic year of the course in question begins in the spring, the summer or the autumn respectively.
6
After regulation 48 (occupying a dwelling as a person’s home) there shall be inserted the following regulation —
Full-time students to be treated as not liable to make payments in respect of a dwelling
48A
1
A full-time student shall be treated as if he were not liable to make payments in respect of a dwelling.
2
Paragraph (1) shall not apply to a full-time student —
a
who is a person on income support;
b
whose applicable amount would, but for paragraph (1), include the lone parent premium, pensioner premium for persons under 75 or, as the case may be, persons 75 or over, higher pensioner premium, disability premium or severe disability premium;
c
who has a partner who is also a full-time student, if he or that partner is treated as responsible for a child or young person;
d
who is a single claimant with whom a child is boarded out by a local authority or voluntary organisation within the meaning of the Child Care Act 1980 or, in Scotland, the Social Work (Scotland) Act 1968 ;
e
who —
i
immediately before 1st September 1990 was in receipt of income support by virtue of paragraph 7 of Schedule 1 to the Income Support (General) Regulations 1987 as then in force; or
ii
on or after that date makes a claim for income support or housing benefit (or both) and at any time during the period of 18 months immediately preceding the date of that claim was in receipt of income support either by virtue of that paragraph or regulation 13(2)(b) of those Regulations,
but this sub-paragraph shall cease to apply where the person has ceased to be in receipt of income support for a continuous period of 18 months or more; or
f
who is aged under 19 and whose course of study is not a course of higher education.
3
In paragraph (2)(f) reference to a course of higher education is a reference to a course of any description mentioned in Schedule 6 to the Education Reform Act 1988 .
.
7
In regulation 51(1) (eligible rent) for the figures “£2065” and “£1480” there shall be substituted the figures “£2245” and “£1555” respectively.
8
In regulation 53(2)(g) (calculation of grant income) for the figure “£234” there shall be substituted the figure “£246”.
9
After regulation 57 (other amounts to be disregarded) there shall be inserted the following regulation —
Treatment of student loans
57A
1
A loan which is made to a student pursuant to arrangements made under section 1 of the Education (Student Loans) Act 1990 shall be treated as income.
2
In calculating the weekly amount of the loan to be taken into account as income —
a
except where sub-paragraph (b) applies, the loan shall be apportioned equally between the weeks in the academic year in respect of which the loan is payable;
b
in the case of a loan which is payable in respect of the final academic year of the course or if the course is only of one academic year’s duration, in respect of that year, the loan shall be apportioned equally between the weeks in the period beginning with the start of the final academic year or, as the case may be, the single academic year and ending with the date on which the course ends,
and from the weekly amount so apportioned there shall be disregarded £10.
3
Any loan for which a student is eligible in respect of an academic year under the arrangements mentioned in paragraph (1) but which has not been acquired by him shall be treated as possessed by him and paragraphs (1) and (2) shall apply accordingly; and for the purposes of this paragraph the loan for which a student is eligible is the maximum amount payable to him under those arrangements.
.
10
In regulation 79 (review of determination) after paragraph (5) there shall be inserted the following paragraph —
5A
Notwithstanding paragraph (1)(a), a determination or a decision shall not be reviewed where the change of circumstances is the repayment of a loan to which regulation 57A (treatment of student loans) applies.
.
11
In paragraph 21 of Schedule 5 (capital to be disregarded) for the words “(capital treated as income)” there shall be substituted the words “or 57A (capital treated as income or treatment of student loans)”.
Amendment of the Income Support Regulations
5
1
The Income Support Regulations shall be amended in accordance with the following provisions of this Regulation.
2
In regulation 2(1) (interpretation) for the definition of “period of study” there shall be substituted the following definition —
“period of study” means the period beginning with the start of the course of study and ending with the last day of the course or such earlier date as the student abandons it or is dismissed from it; but any period of attendance by the student at his educational establishment in connection with the course which is outside the period of the course shall be treated as part of the period of study;
.
3
In regulation 10(1) (circumstances in which claimants are not to be treated as available for employment) for sub-paragraph (h) there shall be substituted the following sub-paragraph —
h
he is a student during the period of study, other than —
i
one to whom paragraph 1, 2, 7, 7A, 11, 16 or 20 of Schedule 1 applies (persons not required to be available for employment) but in the case of paragraph 20 only where the student is a person to whom regulation 70 (3) (a) applies (certain persons from abroad); or
ii
one who has a partner who is also a student, if either he or his partner is treated as responsible for a child or young person, but this exception shall apply only for the period of the summer vacation appropriate to his course.
.
4
In regulation 40 (calculation of income other than earnings) —
a
in paragraph (1) for the reference “(2) and (3)” there shall be substituted the reference “(2) to (3A)”;
b
after paragraph (3) there shall be inserted the following paragraph —
3A
Where a loan is made to a person pursuant to arrangements made under section 1 of the Education (Student Loans) Act 1990 and that person ceases to be a student before the end of the academic year in respect of which the loan is payable or, as the case may be, before the end of his course, a sum equal to the weekly amount apportionable under paragraph (2) of regulation 66A shall be taken into account under paragraph (1) for each week, in the period over which the loan fell to be apportioned, following the date on which that person ceases to be a student; but in determining the weekly amount apportionable under paragraph (2) of regulation 66A so much of that paragraph as provides for a disregard shall not have effect.
.
5
In regulation 61 (interpretation) in the definition of “grant” at the end there shall be added the words “but does not include a payment derived from funds made available by the Secretary of State for the purpose of assisting students in financial difficulties under section 100 of the Education Act 1944, sections 131 and 132 of the Education Reform Act 1988 or section 73 of the Education (Scotland) Act 1980”.
6
In regulation 62 (2) (g) (calculation of grant income) for the figure “£234” there shall be substituted the figure “£246”.
7
After regulation 66 (other amounts to be disregarded) there shall be inserted the following regulation —
Treatment of student loans
66A
1
A loan which is made to a student pursuant to arrangements made under section 1 of the Education (Student Loans) Act 1990 shall be treated as income.
2
In calculating the weekly amount of the loan to be taken into account as income —
a
except where sub-paragraph (b) applies, the loan shall be apportioned equally between the weeks in the academic year in respect of which the loan is payable;
b
in the case of a loan which is payable in respect of the final academic year of the course or if the course is only of one academic year’s duration, in respect of that year the loan shall be apportioned equally between the weeks in the period beginning with the start of the final academic year or, as the case may be, the single academic year and ending with the date on which the course ends,
and from the weekly amount so apportioned there shall be disregarded £10.
3
Any loan for which a student is eligible in respect of an academic year under the arrangements mentioned in paragraph (1) but which has not been acquired by him shall be treated as possessed by him and paragraphs (1) and (2) shall apply accordingly; and for the purposes of this paragraph the loan for which a student is eligible is the maximum amount payable to him under those arrangements
.
8
In Schedule 1 (persons not required to be available for employment) —
a
for paragraph 7 there shall be substituted the following paragraphs —
7
A person who is a student and whose applicable amount includes the disability premium or severe disability premium.
7A
1
A person who is a student who —
a
immediately before 1st September 1990 was in receipt of income support by virtue of paragraph 7 as then in force; or
b
on or after that date makes a claim for income support and at a time during the period of 18 months immediately preceding the date of that claim was in receipt of income support either by virtue of that paragraph or regulation 13 (2) (b),
but this paragraph shall cease to apply where the person has ceased to be in receipt of income support for a continuous period of 18 months or more.
;
b
in paragraph 16 the words “Notwithstanding that he would otherwise be a student,” shall be omitted.
9
In paragraph 20 of Schedule 10 (capital to be disregarded) for the words “regulations 41 and 44 (1) (capital treated as income and modifications in respect of children and young persons)” there shall be substituted the words “regulation 41, 44(1) or 66A (capital treated as income, modifications in respect of children and young persons or treatment of student loans)”.
Amendment of the Unemployment Benefit Regulations
6
1
The Unemployment Benefit Regulations shall be amended in accordance with the following provisions of this Regulation.
2
In regulation 7 (days not to be treated as days of unemployment or incapacity for work) —
a
for sub-paragraph (m) of paragraph (1) there shall be substituted the following sub-paragraph —
m
a day shall not be treated as a day of unemployment if on that day a person is a student;
;
b
for paragraph (3) there shall be substituted the following paragraph —
3
In paragraph (1)(m) “student” means a person who is attending a full-time course of study at an educational establishment; and for the purposes of this definition —
a
a person who has started on such a course shall be treated as attending it throughout any period of term or vacation within it, until the end of the course or such earlier date as he abandons it or is dismissed from it;
b
a person on a sandwich course shall be treated as attending a full-time course of study;
c
“course of study” means any course of study whether or not a grant is made for attending it; and any period of attendance at the educational establishment in connection with the course which is outside the period of the course shall be treated as part of the course of study; and
d
“sandwich course” has the meaning prescribed in paragraph 1(1) of Schedule 5 to the Education (Mandatory Awards) Regulations 1989 .
.
3
Regulation 22 (additional conditions with respect to the receipt of unemployment benefit by students) shall be omitted.
Transitional Provision
7
1
Where, immediately before 1st September 1990, a student was entitled to housing benefit, income support or unemployment benefit, as the case may be, the Housing Benefit Regulations, the Income Support Regulations or the Unemployment Benefit Regulations, as the case may be, shall continue to apply to him as if the amendments made by regulation 4(2) to (6) and (9) to (11), 5(2) to (5) and (7) to (9) or 6 of these Regulations had not been made but only for the period ending immediately before the date on which he is due to start or is due to resume his course of study.
2
In paragraph (1) the expression “student” has the same meaning as in the Housing Benefit Regulations, Income Support Regulations or Unemployment Benefit Regulations, as the case may be, as in force immediately before 1st September 1990.
Signed by authority of the Secretary of State for Social Security
Nicholas Scott
Minister of State,
Department of Social Security
26th July 1990


text:
Citation and commencement
1
These Regulations may be cited as the Transport Levying Bodies Regulations 1990 and shall come into force on 24th January 1990.
Interpretation
2
In these Regulations —
“the 1988 Act ” means the Local Government Finance Act 1988;
“council concerned” means, in relation to a levying body, a council as respects which the levying body would, apart from section 117 of the 1988 Act, have had a relevant precepting power;
“levying body” has the same meaning as in section 74 of the 1988 Act;
“local Act levying body” means a levying body whose relevant precepting power is conferred by a local or private Act;
“relevant Act”, in relation to a levying body, means the Act by which a relevant precepting power is conferred on that body;
“relevant precepting power” means any power under an Act which a levying body would, apart from section 117 of the 1988 Act, have had in respect of the financial year commencing in 1990 to issue a precept to, make a levy on or have its expenses paid by a county council or a charging authority.
Application
3
The levying bodies to which these Regulations apply are —
a
the metropolitan county passenger transport authorities established by section 28 of the Local Government Act 1985 ,
b
the local Act levying bodies listed in the Schedule to these Regulations,
c
subject to regulation 14 below, the Tweed Bridges Trust, and
d
any other levying body whose functions consist exclusively of the administration of a bridge or harbour.
Power to issue levies
4
1
Each levying body to which these Regulations apply shall have power to issue to a council concerned and in accordance with these Regulations a levy in respect of each chargeable financial year to meet those liabilities and expenses of the levying body to which its relevant precepting power applies.
2
A levy must state whether it or any portion of it is applicable to all or part of the area of the council concerned to which it is issued and, in the case of a part, what part.
Date of issue of levies
5
1
A levy, other than a substituted levy issued under regulation 9 below, shall be issued before 15th February preceding the commencement of the financial year in respect of which it is issued (in this regulation called “the relevant date”), but shall not be invalid merely because it is issued after that date.
2
Where the relevant Act would, apart from section 117 of the 1988 Act, require the levying body to issue a precept, make a levy or provide an estimate of its expenditure to be paid, before a date which is earlier than the relevant date, that earlier date shall be the relevant date for the purposes of paragraph (1) above.
3
Paragraph (2) does not apply —
a
to a levy issued for the financial year beginning in 1990; or
b
to a levy to which regulation 7(3) applies.
Maximum amount of levies
6
1
This regulation applies to a local Act levying body whose relevant precepting power is subject to a limit (in this regulation called “the relevant limit”) imposed by or under the relevant Act on the amount for which it could issue a precept to, make a levy on or seek payment from the council concerned.
2
Subject to the following provisions of this regulation, any levy which the levying body may issue under these Regulations shall be subject to the relevant limit.
3
Where the relevant limit is expressed in terms of the product of a rate of a specified amount for the area of the council concerned, or for a specified part of that area, in relation to a financial year, for the purposes of a levy issued in respect of —
a
the financial year commencing in 1990, the product of a rate of that amount for that area, or as the case may be, for that part, shall be taken to be the product which was or would have been taken into account for the purposes of determining the relevant limit in respect of the financial year commencing in 1989, and
b
any subsequent financial year, the product of a rate of that amount for that area or part shall be taken to be the amount ascertained in accordance with subparagraph (a) above increased or decreased by such factor as shall be agreed between the levying body and the council concerned (and if more than one, by all the councils concerned) or, in the event that such factor is not so agreed, increased or decreased in proportion to the difference between the retail prices index published for September of the financial year preceding that in respect of which the levy is issued and that index published for September 1989.
4
References in paragraph 3(b) above to the retail prices index are references to the general index of retail prices (for all items) published by the Department of Employment or, if that index is not published for any month, to any substituted index or index figures published by that Department.
Apportionment of levies
7
1
Where, in the case of a local Act levying body, the relevant Act specifies a proportion in which the amounts of precepts, levies or expenses are to be borne by the councils concerned, the levying body shall secure that the amounts for which levies are issued by it under these Regulations are borne by the councils concerned in that proportion.
2
Where in the case of a local Act levying body, the relevant Act specifies a limit on the amount of any such precepts, levies or expenses which may be apportioned to any council concerned, that limit shall apply to the amount of any levy issued by the levying body under these Regulations which may be apportioned to that council.
3
Subject to paragraphs (1) and (2) above, each levying body shall secure that any amounts for which levies are issued by it under these Regulations are borne by the councils concerned (if more than one) in proportion.
4
Proportions under paragraph (3) above shall be determined by reference to the relevant population of the area of each council concerned or (as the case may be) the part of that area in respect of which the levy is issued.
5
For the purposes of this regulation, the relevant population for a financial year of the area of a council concerned is —
a
for the whole of an English charging authority’s area, the relevant population of the area for the year calculated by the Secretary of State under paragraph 4 of Schedule 12A to the 1988 Act ,
b
for the whole of a Welsh charging authority’s area, the relevant population of the area for the year calculated in accordance with the rules for the time being effective (as regards the year) under regulations under paragraph 5(1) of Schedule 12A to the 1988 Act,
c
for the whole of the area of a county or Greater London, the total of the relevant population for the year, calculated as above, of the charging authority areas falling within that county or Greater London as the case may be,
d
for part of a charging authority’s area, the relevant population of that part for the year calculated in accordance with the rules for the time being effective (as regards that year) under regulations under paragraph 6(2) of Schedule 12A to the 1988 Act,
e
for part of the area of a county or Greater London, the total of the relevant population for the year, calculated as above, of the charging authority areas and, where appropriate, the parts of charging authority areas, falling within that part of that county or Greater London as the case may be,
and regulations referred to in sub-paragraphs (b) and (d) above shall have effect for the purposes of this regulation as they have effect for the purposes of section 69 of the 1988 Act as if they were set out in these Regulations, but with references to this regulation substituted for references to that section.
Notification of relevant population
8
1
This regulation applies where amounts for which levies are issued under these Regulations are required by regulation 7(3) above to be borne in proportion, and for the purposes of this regulation a notifying authority, in relation to a levying body, is a charging authority which is a council concerned or to which a county council which is a council concerned has power to issue a precept.
2
An English notifying authority shall, within 3 working days after the relevant population of its area for a year has been communicated to it under paragraph 4(4)(a) of Schedule 12A to the 1988 Act, inform the levying body of the relevant population so communicated.
3
A Welsh notifying authority shall, within 3 working days after the relevant population of its area for a year has been calculated in accordance with paragraph 5 of Schedule 12A to the 1988 Act, inform the levying body of the relevant population so calculated.
4
A notifying authority in respect of part of whose area a levy may be issued shall, as soon as is reasonably practicable after the relevant population of its area for a year has been communicated or calculated as above, calculate the relevant population of the part for that year in accordance with the rules referred to in regulation 7(5)(d) above, and shall inform the levying body of the relevant population so calculated within 3 working days thereafter.
Substituted levies
9
1
Subject to the following provisions of this regulation, a levying body to which these Regulations apply may issue a levy in respect of a financial year in substitution for a levy previously issued by it for that year.
2
A local Act levying body shall not have power to issue a substituted levy unless, in exercise of its relevant precepting power it could have issued a substituted precept to, made a substituted levy on or required a substituted amount to be paid in respect of its expenses by the council concerned.
3
No levy shall be issued in substitution if its amount would be greater than the amount of the levy for which it is substituted, except as provided by paragraph (4) below.
4
The amount of any levy issued to a council concerned in substitution (“the new levy”) may be greater than the amount of that for which it is substituted (“the old levy”) if the old levy has been quashed because of a failure to fulfil the requirements of regulation 7 above as to apportionment, but shall not, when added to the amounts of the levies issued for the financial year by the levying body to the other councils concerned, exceed the total of the amounts of the levies which were first issued for that year by the levying body.
5
Where a levying body issues a new levy anything paid to it by reference to the old levy shall be treated as paid by reference to the new levy.
6
But if the amount of the old levy exceeds that of the new levy, the following shall apply as regards anything paid if it would not have been paid had the amount of the old levy been the same as that of the new levy —
a
it shall be repaid if the council concerned by whom it was paid so requires;
b
in any other case it shall (as the levying body determines) either be repaid or be credited against any subsequent liability of the council concerned in respect of any levy issued by the levying body.
Payment of levies
10
1
Subject to paragraph (2) below, where, in relation to any local Act levying body, the relevant Act makes provision as to the payment (in instalments or otherwise) of the amount of the precept, levy or expenses to which the relevant precepting power applies, the amount of any levy issued by that levying body under these Regulations shall be paid by the council concerned in accordance with that provision.
2
In any case where, in relation to any local Act levying body, the relevant Act makes provision for payment of the amount of any such precept, levy or expenses within two months of the receipt of the precept, levy or demand for payment of the expenses, the amount of any levy issued by that levying body under these Regulations shall, notwithstanding that provision, be paid by the council concerned within two months of the commencement of the financial year in respect of which the levy is issued.
3
In any other case, the amount of a levy issued under these Regulations shall be paid in full by the council concerned in the financial year for which the levy is issued by instalments in accordance with the following paragraphs of this regulation.
4
If the amount of the levy in respect of the financial year in question exceeds £1 million it shall be paid by no less than ten instalments of such amounts and paid at such times as the levying body and the council concerned may agree so as to secure that the whole amount of the levy is paid before the end of that financial year; and in default of such agreement the levy shall be paid by ten equal instalments payable monthly by the end of each of the first ten months of the financial year.
5
Any other levy is to be paid in no less than five instalments of such amounts and at such times as the levying body and the council concerned may agree so as to secure that the whole amount of the levy is paid before the end of December in the financial year in question and in default of such agreement such a levy shall be paid by five equal instalments payable respectively by the end of April, June, August, October and December in that financial year.
6
References in this regulation to payment of a levy are references to payment of a levy after deduction of any amount credited against the liability of a council concerned in respect of that levy in accordance with regulation 9(6)(b) above.
Interest on unpaid levies
11
1
If the amount of any levy issued under these Regulations or, as the case may be, of any instalment of such a levy is not paid by the due date for payment, the council concerned shall be liable to pay to the levying body interest calculated in accordance with paragraph (2) below on the unpaid amount from that day until the date when payment is made.
2
Interest payable under paragraph (1) above shall be simple interest calculated from day to day at a rate equivalent to 2 per cent above the base rate quoted from time to time by the Committee of London and Scottish Bankers or where there is for the time being more than one such rate, the highest of them.
Anticipation of levies: charging authorities
12
1
In this regulation: —
a
“charging authority concerned” means a council concerned which is a charging authority; and
b
in relation to a charging authority concerned, “relevant levying body” means a levying body with power under these Regulations to issue a levy to that authority.
2
Paragraphs (3) to (6) below apply where —
a
at the time when a charging authority concerned makes its calculations under section 95 of the 1988 Act for a financial year, a relevant levying body has not issued a levy to it in respect of that year; and
b
that relevant levying body has, in respect of the previous financial year, issued a levy to or, a precept to, made a levy on, or had its expenses paid by the charging authority concerned
3
A charging authority concerned may, in estimating its expenditure under section 95(2)(a) of the 1988 Act, take into account its estimate of the amount of the levy that it anticipates will be issued to it by the relevant levying body.
4
If the charging authority concerned makes calculations in substitution for the year under section 96 of the 1988 Act at a time when a levy in respect of that year has not been issued to it by the relevant levying body, and an amount was taken into account under paragraph (3) above, the charging authority concerned shall, in estimating its expenditure under section 95(2)(a) of that Act, take into account an amount equal to that taken into account under paragraph (3) above.
5
If the relevant levying body issues no levy to the charging authority concerned in respect of the year, the fact that an amount has been taken into account under paragraph (3) above does not make the charging authority concerned liable to pay anything to the relevant levying body.
6
Section 33(4)(a) of the 1988 Act shall apply in respect of a levy anticipated under this regulation as it applies to a levy which is issued.
Anticipation of levies: county councils
13
1
In this regulation: —
a
“precepting authority concerned” means a council concerned which is a county council, and
b
in relation to a precepting authority concerned, “relevant levying body” means a levying body with power under these Regulations to issue a levy to that authority.
2
Paragraphs (3) to (6) below apply where —
a
at the time when a precepting authority concerned estimates its expenditure under section 68(4)(a) of the 1988 Act for a financial year, a relevant body has not been issued a levy to it in respect of that year, and
b
that relevant levying body has, in respect of the previous financial year, issued a levy to or a precept to, made a levy on or had its expenses paid by the precepting authority concerned.
3
A precepting authority concerned may, in estimating its expenditure under section 68(4)(a) of the 1988 Act, take into account its estimate of the amount of the levy that it anticipates will be issued to it by the relevant levying body.
4
If the precepting authority concerned issues a precept for the year in substitution under section 71 of the 1988 Act at a time when a levy in respect of that year has not been issued to it by the relevant levying body, and an amount was taken into account under paragraph (3) above, the precepting authority concerned shall, in estimating its expenditure under section 68(4)(a) of that Act, take into account an amount equal to that taken into account under paragraph (3) above.
5
If the relevant levying body issues no levy to the precepting authority concerned in respect of the year, the fact that an amount has been taken into account under paragraph (3) above does not make the precepting authority concerned liable to pay anything to the relevant levying body.
6
Section 70(2)(b) of the 1988 Act shall apply to a levy anticipated under this regulation as it applies to a levy which is issued.
Application to Tweed Bridges Trust
14
In their application to the Tweed Bridges Trust these Regulations shall have effect —
a
as if the Determination made by the Secretary of State on 7 April 1884 under section 90 of the Roads and Bridges (Scotland) Act 1878 were a local or private Act, and
b
insofar as the power of the said Trust under the said Determination to have its expenses paid by a council concerned would, apart from section 117 of the 1988 Act, be exercisable in England.
Signed by authority of the Secretary of State for Transport
Michael Portillo
Minister of State,
Department of Transport
22nd January 1990


text:
1
The County Council of West Glamorgan (A4217 Cross-Valley Link at Pentrechwyth Classified Road) (Construction of Bridge Over Navigable Waters) Scheme 1989 is hereby confirmed without modification.
2
The said Scheme as confirmed (hereinafter referred to as “the Scheme”) is set out in the Schedule hereto and copies of the Scheme with its accompanying plans are deposited at the Welsh Office Repository, Curran Embankment, Cardiff CF1 5DX and at the West Glamorgan County Council, County Clerk’s Department, County Hall, Swansea.
3
The Scheme will become operative on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
4
This Instrument may be cited as the County Council of West Glamorgan (A4217 Cross-Valley Link at Pentrechwyth Classified Road) (Construction of Bridge Over Navigable Waters) Scheme 1989 Confirmation Instrument 1990.
Signed by authority of the Secretary of State
K. J. Thomas
Director of Highways Welsh Office
23rd April 1990


text:
1
For the purpose of connecting the motorway with other highways, at the places stated in the Schedule hereto, the Secretary of State is authorised to provide along the routes described in the said Schedule special roads for the use of traffic of Classes I and II of the classes of traffic set out in Schedule 4 to the Highways Act 1980.
2
The centre line of each of the special roads is indicated by a heavy black line on the deposited plan.
3
The special roads shall become trunk roads on the date when this Scheme comes into force.
4
In this Scheme–
i
“the motorway” means the M5 Birmingham–Exeter Motorway.
ii
“the deposited plan” means the plan folio numbered HA16/1WM/2 marked “The M5 Birmingham–Exeter Motorway (Whittington Junction 7) Connecting Roads Scheme 1990”, containing the Scheme plan, 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 special roads” means the special roads which the Secretary of State is authorised by this Scheme to provide.
5
This Scheme shall come into force on 31st August 1990 and may be cited as the M5 Birmingham–Exeter Motorway (Whittington Junction 7) Connecting Roads Scheme 1990.
Signed by authority of the Secretary of State for Transport
D. R. Ritchie
Regional Director West Midlands Region
Department of Transport
15th August 1990


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Community Health Councils (Amendment) Regulations 1990.
2
These Regulations shall come into force on 27th July 1990 except that for the purposes of paragraphs (10) and (11) of regulation 2 they shall come into force on 17th September 1990.
Amendment of Community Health Councils Regulations
2
1
The Community Health Councils Regulations 1985 are amended in accordance with the following paragraphs of this regulation.
2
In regulation 1(2) the following definitions shall be inserted at the appropriate place in alphabetical order: —
“ NHS trust” means a National Health Service trust established under section 5 of the National Health Service and Community Care Act 1990 ;
“relevant NHS trust” means, in relation to a Council, any NHS trust established in relation to a hospital, establishment or facility situated or to be situated (whether wholly or partly) within the district of that Council;
“relevant Regional Authority” means in relation to any Council any Regional Authority which controls premises within the Council’s district;
.
3
In regulation 8(1) after the word “Committee” there shall be inserted the words “, or a director of an NHS trust”.
4
In regulation 8(2) —
a
sub-paragraphs (f) and (g) shall be omitted; and
b
at the end a new sub-paragraph shall be added —
h
an NHS trust.
.
5
Regulation 8(5) shall be omitted.
6
In regulation 19(1) for the words “paragraph (2)”, there shall be substituted the words “paragraphs (1A), (2) and (2A)”.
7
After regulation 19(1) there shall be inserted the following paragraph —
1A
Paragraph (1) shall not apply with respect to any proposal to establish an NHS trust.
.
8
After regulation 19(2) there shall be inserted the following paragraph —
2A
Where it appears to a Regional Authority that it is expedient in the interests of the health service for consultation required under this regulation to be carried out by the Regional Authority instead of a District Authority or Committee, the Regional Authority shall so notify the District Authority or Committee, and thereupon it shall be the duty of the Regional Authority and not of the District Authority or Committee to carry out that consultation in accordance with this regulation.
.
9
In regulation 19(3) —
a
after the word “Committee” where it first occurs there shall be inserted the words “, or, in a case where a Regional Authority has given notification in accordance with paragraph (2A), that Regional Authority,”; and
b
after the word “Authority” where it occurs for the second time there shall be inserted the words “, Regional Authority”.
10
In regulation 19(4) —
a
after the words “District Authority” in sub-paragraph (a) there shall be inserted the words “or Committee,”;
b
for the words “power to require a Committee” in sub-paragraph (b) there shall be substituted the words “, in a case where the Regional Authority has given notification in accordance with paragraph (2A), power to require the Regional Authority”;
c
after the words “the District Authority” there shall be inserted the words “, Regional Authority”.
11
In regulation 20 —
a
after the words “District Authority” in both places where they occur in paragraph (3) there shall be inserted the words “or relevant Committee”; and
b
paragraph (4) shall be omitted.
12
In regulation 21 —
a
after the words “District Authority” in both places where they occur there shall be inserted the words “, Regional Authority or NHS trust”; and
b
after the words “establishing authority” there shall be inserted the words “or, where the premises are controlled by a Regional Authority or NHS trust, by the Secretary of State”.
13
In regulation 21 after the word “authority” in paragraph (a) there shall be inserted the words “or NHS trust”.
K. Clarke
Secretary of State for Health
5th July 1990
David Hunt
Secretary of State for Wales
5th July 1990


text:
Title, commencement and revocation
1
1
These Regulations may be cited as the General Drainage Charges (Forms) Regulations 1990 and shall come into force on 1st April 1990.
2
The Drainage Charges (Forms) Regulations 1969 are hereby revoked.
Form of general drainage charges
2
Every general drainage charge raised by the National Rivers Authority shall be in Form 1 set out in the Schedule to these Regulations or in a form substantially to the like effect.
Form of demand for general drainage charges
3
Every demand for payment of a general drainage charge raised by the National Rivers Authority shall be in Form 2 set out in the Schedule to these Regulations or in a form substantially to the like effect.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
9th March 1990.
Peter Walker
Secretary of State for Wales
7th March 1990


text:
Citation and commencement
1
These Regulations may be cited as the Land Registration (Solicitor to H M Land Registry) Regulations 1990 and shall come into force on 1st January 1991.
Interpretation
2
In these Regulations:
a
“ the Act ” means the Land Registration Act 1925;
b
“a qualified person” means a person who has a 10 year general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990 ; and
c
“ the Rules ” means the Land Registration Rules 1925 .
Solicitor to H M Land Registry
3
The acts of the registrar to which this regulation applies may be done by a registrar, being a qualified person, who shall be called the Solicitor to H M Land Registry.
Acts of the registrar which may be done by the Solicitor to H M Land Registry
4
Regulation 3 applies to the acts of the registrar which are authorised or required to be done in pursuance of:
a
the provisions of the Act specified in the first column of Part I of the Schedule to the extent specified in the second column thereof; and
b
the provisions of the Rules specified in the first column of Part II of the Schedule to the extent specified in the second column thereof.
Vacancy in office of, or absence of, Solicitor to H M Land Registry
5
1
During a vacancy in the office of, or in the absence of, the Solicitor to H M Land Registry, the acts of the registrar to which regulation 3 applies may be done by another registrar who is a qualified person.
2
Any registrar acting under the authority of paragraph (1) shall, while so acting, be styled Acting Solicitor to H M Land Registry.
Mackay of Clashfern, C.
Dated 1st November 1990


text:
Citation and commencement
1
This Order may be cited as the Food Protection (Emergency Prohibitions) Amendment (No. 4) Order 1990 and shall come into force on 1st October 1990.
Partial revocation and amendment
2
The Food Protection (Emergency Prohibitions) Order 1989 is revoked to the extent that it imposes prohibitions on–
a
the slaughter of any sheep which–
i
was moved from any place in accordance with a consent given under section 2(1) of the Food and Environment Protection Act 1985 on or after 1st October 1990 which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark; and
ii
has been examined and marked with an ear-tag by a person authorised in that behalf by one of the Ministers; and
b
the supply or having in possession for supply of meat, or food containing meat, derived from any sheep described in paragraph (a) of this article,
and accordingly that Order is amended in accordance with the following provisions of this Order.
3
In article 5, for paragraph (2) there shall be substituted the following paragraph:–
2
Paragraph (1) above shall not apply in the case of–
a
any sheep which was moved from any place in accordance with a consent given under section 2(1) of the said Act which consent did not require that the sheep to which it applies should be marked;
b
any sheep which was moved from any place in accordance with a consent given under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a red mark;
c
any sheep which was moved from any place in accordance with a consent given on or before 14th January 1990 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark;
d
any sheep which was moved from any place in accordance with a consent given on or before 29th July 1990 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark;
e
any sheep which was moved from any place in accordance with a consent given on or before 30th September 1990 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a green mark;
f
any sheep which was moved from any place in accordance with a consent given on or after 1st October 1990 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark.
.
4
In article 6, for paragraph (2), there shall be substituted the following paragraph:–
2
Paragraph (1) above shall not apply in the case of–
a
any sheep which was moved from any place in accordance with a consent given under section 2(1) of the said Act which consent did not require that the sheep to which it applies should be marked;
b
any sheep which was moved from any place in accordance with a consent given on or before 14th January 1990 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark;
c
any sheep which was moved from any place in accordance with a consent given on or before 29th July 1990 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark;
d
any sheep which–
i
was moved from any place in accordance with a consent given under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a red mark;
ii
was moved from any place in accordance with a consent given on or before 30th September 1990 which consent was subject to the condition that the sheep to which it applies should be marked with a green mark; or
iii
was moved from any place in accordance with a consent given on or after 1st October 1990 under section 2(1) of the said Act which consent not subject to the condition that the sheep to which it applies should be marked with a blue mark,
and which in any case has been examined and marked with an ear-tag by a person authorised in that behalf by one of the Ministers.
.
N E Sharp
Assistant Secretary, Scottish Office
St. Andrew’s House,
Edinburgh
26th September 1990


text:
Citation and commencement
1
These Regulations may be cited as the Army Terms of Service (Amendment) Regulations 1990 and shall come into force on 1st January 1991.
Amendment to Regulations
2
1
Regulation 5 of the Army Terms of Service Regulations 1986 (transfer to the reserve after notice period) shall be amended as follows.
2
In paragraph (5)(c) for the words “on the relevant date” there shall be substituted “on the date he attains the age of 18 years or 3 months after the date of his attestation, whichever is the later”.
3
Paragraph (2) above does not apply where a person enlisted before 1st January 1991.
On behalf of the Defence Council
Arran
J. L. Chapple
Members of the Defence Council
27th November 1990