text:
Citation and commencement
1
This Order may be cited as the Saundersfoot Steam Railway (Light Railway) Order 1991 and shall come into force on 26th November 1991.
Interpretation
2
–
1
In this Order, unless the context otherwise requires, the following expressions have the meanings respectively assigned to them, that is to say:–
“the Act of 1842” means the Act passed in the fifth year of the reign of Her late Majesty Queen Victoria intituled
“An Act for authorising the Saundersfoot Railway and Harbour Company to make an extension of their present Railway, and also to make Two Branches from such Railway respectively within the County of Pembroke; and for extending the provisions of the Act relating to the said Company.” ;
“the Company” means the Saundersfoot Steam Railway Limited incorporated under the Companies Act 1985 and having its registered office at Hazel Lee, Jameston, Tenby, Dyfed SA70 8QJ;
“the Company’s railway” means the railway authorised to be constructed, made and maintained by the Company pursuant to article 5 of this Order;
“the deposited plans”,
“the deposited sections” and
“the deposited book of reference” mean respectively the plans, sections and book of reference deposited in respect of the application for this Order with the Department of Transport;
“the former railway” means so much of the extension of the railway of the Saundersfoot Railway and Harbour Company authorised by the Act of 1842 as lies between the commencement and termination of the Company’s railway; “the principal Act” means the Light Railways Act 1896.
2
Reference in this Order to grid references refer to the map co-ordinates on the National Grid used by the Ordnance Survey and shall be construed as if the words “or thereabouts” were inserted after each grid reference.
Incorporation of Acts
3
–
1
Subject to the provisions of this Order the Railways Clauses Consolidation Act 1845( ) (except sections 8, 11 to 15, 17, 46 to 67) is hereby incorporated with this Order.
2
In the construction of the provisions of the Railways Clauses Consolidation Act 1845 as incorporated with this Order:–
a
sections 7, 9, 10 and 162 shall be read, construed and have effect as if the “proper officer of the County Council of Dyfed” had been referred to therein instead of the “Clerk of the Peace”;
b
sections 78 to 85 shall have effect as originally enacted and not as amended for certain purposes by section 15 of the Mines (Working Facilities and Support) Act 1923( ).
3
Subject to the provisions of this Order such of the enactments set out in the Second Schedule to the Light Railways Act 1896 as are still in force except section 22 of the Regulation of Railways Act 1868( ) (means of communication between passengers and the Company’s servants to be provided) and sections 1 (power to order certain provisions to be made concerning public safety) and 5 (penalty for avoiding payment of fare) of the Regulation of Railways Act 1889( ) shall not apply to the Company’s railway.
4
In its application to the Company’s railway the said section 22 of the Regulation of Railways Act 1868 shall be read, construed and have effect as if the words “and travels more than 20 miles without stopping” were omitted therefrom.
Disapplication of provisions
4
Sections 35, 117 to 119, 126 and 127 to 132 of the Act of 1842 shall not apply to the Company’s railway.
Power for the Company to make railway
5
–
1
Subject to the provisions of this Order the Company may, on lands leased or to be leased to the Company, construct, make and maintain the railway hereinafter described in the lines and according to the levels shown on the deposited plans and the deposited sections and with all proper rails, plates, sidings, junctions, bridges, culverts, drains, approaches, roads, yards, buildings and other works and conveniences connected therewith including station premises, workshops and facilities:–
In the county of Dyfed, in the district of South Pembrokeshire, in the Communities of Amroth and Saundersfoot, a railway 1600 metres or thereabouts in length commencing at Stepaside at grid reference SN 1398 0757 and terminating at Wiseman’s Bridge at grid reference SN 1451 0617.
2
Except as may be otherwise provided herein the Company’s railway shall be subject to all statutory and other provisions applicable to the former railway (insofar as the same are still subsisting and capable of taking effect) and the Company shall to the exclusion of the Saundersfoot Railway and Harbour Company be entitled to the benefit of and to exercise all rights, powers and privileges and be subject to all obligations, statutory or otherwise, relating to the former railway (insofar as the same are still subsisting and capable of taking effect) to the intent that the Saundersfoot Railway and Harbour Company shall be released from all such obligations.
Power to deviate
6
–
1
In the construction of the railway or any part thereof the Company may deviate from the line or situation thereof shown on the deposited plans to the extent of the limits of deviation shown thereon and may deviate vertically from the level shown on the deposited sections to any extent not exceeding 3 metres upwards or downwards or to such further extent as may be found necessary or convenient and as may be sanctioned by the Secretary of State.
2
The Company may alter the radius of any curve described on the deposited plans, but so that no such curve shall thereby be reduced to a less radius than 60 metres and may further reduce the radius of any curve to such extent as the Secretary of State may approve and may alter any inclination or gradient of the railway shown on the deposited sections, provided that no such inclination or gradient thereby increased shall without the consent of the Secretary of State be steeper than 1 in 47.
Power to work the Company’s railway as a light railway
7
Subject to the provisions of this Order the Company may work and maintain the railway as a light railway under the principal Act.
As to crossing of roads and footpaths on level
8
–
1
The Company may in the construction of the railway carry the same with a single line of rails across and on the level of–
a
the private road giving access to the caravan site near Heathfield Court at grid reference SN 1415 0740;
b
footpath No. 24 in the Community of Amroth near its junction with footpath No. 8;
c
footpath No. 8 in the Community of Amroth at grid reference SN 1423 0715;
d
footpath No. 28 in the Community of Saundersfoot near its junction with footpath No. 38;
e
the unclassified public road near Tramway Cottage at grid reference SN 1452 0629.
2
Save as provided in paragraph (3) below, nothing in this Order contained or incorporated shall require the provision of gates or keepers at the crossings mentioned in paragraph (1) above.
3
The Company shall provide within the area of each of the level crossings mentioned in subparagraphs (b), (c) and (d) of paragraph (1) above and shall maintain suitable gates across the footpaths crossed by the railway at those crossings.
4
The Company shall provide within the area of each of the level crossings mentioned in subparagraphs (a) and (e) of paragraph (1) above and shall maintain and operate such lights, traffic signs and other devices and appliances as the Secretary of State may require.
Gauge of railway and motive power
9
The Company’s railway shall be constructed on a nominal gauge of 381 millimeters and the motive power on the railway shall be diesel, diesel-mechanical, diesel-hydraulic, diesel-electric, steam, electric, internal combustion or such other motive power as the Secretary of State may approve:
Provided that nothing in this Order shall authorise the Company to use electrical power as motive power on the Company’s railway unless such power is obtained from storage batteries or from a source of generation entirely contained in and carried along with the engines and carriages:
Provided also that if electrical power is used as motive power on the Company’s railway such electrical power shall not be used in such a manner as to cause or be likely to cause any interference with any telecommunications apparatus as defined in Schedule 2 to the Telecommunications Act 1984( ) or with telecommunication by means of any such apparatus.
Restriction of weight on rails and of speed and as to conveyance of passengers
10
–
1
The Company shall not use upon the Company’s railway any engine, carriage or truck bringing any weight upon the railway by any one pair of wheels exceeding such weight as the Secretary of State may allow.
2
The Company shall not run any train or engine upon any part of the Company’s railway at a rate of speed exceeding at any time that fixed by the Secretary of State for such part.
3
No part of the Company’s railway shall be used for the conveyance of passengers without the permission in writing of the Secretary of State first being had and obtained and the Company shall comply with the conditions (if any) which the Secretary of State may from time to time prescribe for the safety of passengers conveyed or to be conveyed on the Company’s railway.
4
If the Company act in contravention of any of the provisions of this article they shall for each offence be liable on summary conviction to a fine not exceeding level 2 on the standard scale.
Public liability insurance
11
–
1
In this article “insurer” means any insurer or insurers authorised under the Insurance Companies Act 1982 to carry on in the United Kingdom insurance business of a relevant class or who has corresponding permission under the law of another member state of the European Economic Community.
2
The Company shall at all times maintain a public liability policy with an insurer providing maximum cover in respect of any one accident on or occasioned by the operation of the Company’s railway of not less than two million pounds and the adequacy of the cover provided by the policy shall be regularly reviewed by the Company.
3
The Company shall not work the Company’s railway unless there is in force such a public liability policy in accordance with the provisions of this article.
4
If the Company fail to comply with the provisions of this article they shall be liable on summary conviction to a fine not exceeding the statutory maximum or, on conviction on indictment, to a fine.
For the protection of flood defences
12
–
1
Nothing in this Order or in any enactment incorporated with or applied by this Order shall prejudice or affect the application of sections 28 and 29 of the Land Drainage Act 1976( ) and any byelaws made under that Act in relation to anything done under or in pursuance of this Order.
2
The Company shall afford to the National Rivers Authority for the purpose of the Authority’s flood defence functions full, free and uninterrupted access at all reasonable times and for such periods as may be reasonable across the Company’s railway provided that the Authority shall give (except in an emergency) one week’s written notice to the Company of their requirement for such access.
Signed by authority of the Secretary of State for Transport
J. R. Coates
An Under Secretary in the Department of Transport
25th November 1991


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Financial Services Act 1986 (Extension of Scope of Act) Order 1991 and shall come into force on 1st June 1991.
2
In this Order, “ the Act ” means the Financial Services Act 1986.
Extension of Scope of Act
2
The Note to paragraph 1 of Schedule 1 to the Act shall be amended by the substitution of the following for the words from “but does not include” onwards —
but does not, except in relation to any shares of a class defined as deferred shares for the purposes of section 119 of the Building Societies Act 1986 , include a building society incorporated under the law of, or of any part of, the United Kingdom, nor does it include an open-ended investment company or any body incorporated under the law of, or of any part of, the United Kingdom relating to industrial and provident societies or credit unions.
John Redwood
Minister of State,
Department of Trade and Industry
30th April 1991


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Guardians Ad Litem and Reporting Officers (Panels) Regulations 1991 and shall come into force on 14th October 1991.
2
In these Regulations, unless the context otherwise requires —
“complaints board” means a board established under regulation 3(a) of these Regulations;
“panel” means a panel established under regulation 2(1) of these Regulations;
“panel committee” means a committee established under regulation 3(b) of these Regulations;
“relevant proceedings” means specified proceedings as defined in section 41(6) of the Children Act 1989 or proceedings on an application for any order referred to in section 65 of the Adoption Act 1976.
Panels of guardians ad litem and reporting officers
2
1
Each local authority shall establish a panel of persons in accordance with regulation 4 of these Regulations in respect of their area.
2
Guardians ad litem and reporting officers appointed under section 41 of the Children Act 1989 for the purposes of relevant proceedings or under rules made under Section 65 of the Adoption Act 1976 must be selected from the panel established in respect of the local authority’s area in which the court is situated (unless selected from another local authority’s panel established under these Regulations).
3
Each local authority shall ensure that so far as possible the number of persons appointed to the panel established in respect of their area is sufficient to provide guardians ad litem and reporting officers for all relevant proceedings in which guardians ad litem and reporting officers may be appointed and which may be heard in their area.
Complaints boards and panel committees
3
For the purpose of assisting them with matters concening the membership of panels, the administration and procedures of panels and the monitoring of the work of guardians ad litem and reporting officers in relevant proceedings, each local authority shall establish —
a
a board “complaints board” in accordance with Schedule 1 to these Regulations, which shall have the functions conferred on them by regulations 5 and 6 of these Regulations;
b
a committee “panel committee” in accordance with Schedule 2 to these Regulations, which shall have the functions conferred on it by regulations 8 and 10(1)(a) of these Regulations.
Appointments to panels
4
1
The local authority in respect of whose area the panel is established shall appoint persons to be members of the panel.
2
The local authority shall decide whether the qualifications and experience of any person who they propose to appoint to the panel are suitable for the purposes of that person’s appointment as a guardian ad litem or a reporting officer who they propose to appoint to the panel.
3
The local authority shall in respect of any person whom they propose to appoint to the panel —
a
interview each such person,
b
consult the panel committee, and
c
obtain the names of at least two persons who can provide a reference in writing for the persons whom they propose to appoint and take up those references.
4
The local authority shall notify in writing any person who is appointed to a panel of the appointment which shall, subject to regulation 5 of these Regulations, be for such period not exceeding three years at any one time as the local authority shall specify on making the appointment.
5
Each local authority shall maintain a record of those persons whom they have appointed to be members of the panel established in respect of their area.
6
Every local authority shall have regard to the number of children in their area who may become the subject of specified proceedings and the different racial groups to which they belong, in making appointments under this regulation.
Termination of panel membership
5
1
The local authority may terminate a person’s membership of the panel at any time where they consider that he is unable or unfit to carry out the functions of a guardian ad litem or a reporting officer.
2
Before terminating a person’s membership of the panel the local authority shall —
a
notify him in writing of the reasons why it is proposed that his membership of the panel should be terminated;
b
give him an opportunity of making representations to the local authority.
3
Where the local authority, having considered any representations made under paragraph (2)(b) of this regulation, still propose to terminate a person’s membership, they shall refer the matter to a complaints board.
4
The complaints board shall make a recommendation to the authority after taking account of any representations of the person whose membership the local authority proposed to terminate.
5
The local authority shall consider the recommendation of the complaints board, as to termination of a person’s membership and decide whether or not to terminate membership and give notice to that person in writing of their decision together with their reasons for the decision.
Complaints about the operation of panels and members of the panels
6
1
For the purpose of monitoring the administration and procedures of the panel and the work of guardians ad litem and reporting officers in relevant proceedings each local authority shall establish a procedure for considering complaints about the operation of the panel in respect of their area, and about any member of that panel including refusal to reappoint a person to be a panel member.
2
The local authority shall investigate any such complaint and if they cannot resolve it to the satisfaction of the person making it they shall refer it to the complaints board to make a recommendation to the authority about it in writing.
3
Any person in respect of whom a complaint is made shall be notified by the local authority in writing of the complaint and they shall give him an opportunity of making representations to them and if the matter is referred to the complaints board they shall provide him with an opportunity to make representations to the complaints board.
4
The local authority shall only make a decision on a complaint referred to the complaints board having taken into account the recommendation of the complaints board and they shall notify the person who made the complaint and any person in respect of whom the complaint was made in writing of their decision.
Administration of the panel
7
1
Each local authority shall appoint a person with such qualifications and experience as they consider appropriate to assist them with the administration of the panel in respect of their area and that person shall not participate in the local authority social services functions in respect of services for children and their families (other than the administration of the panel or an inspection unit established under the Secretary of State’s directions under section 7A of the Local Authority Social Services Act 1970 .
2
Each local authority shall ensure that records are kept in relation to the operation of the panel which shall include —
a
the name of each child in respect of whom a guardian ad litem or reporting officer is selected from the panel;
b
a description of the relevant proceedings in respect of which the selection is made;
c
the name and level of the court (whether High Court, county court or family proceedings court);
d
the name of any person selected from the panel and whether he has been appointed in specified proceedings or in proceedings under the Adoption Act 1976 as a guardian ad litem, or in proceedings under the Adoption Act 1976 as a reporting officer;
e
the date of each appointment, the date on which work started in respect of that appointment and the date on which it finished;
f
etails of fees, expenses and allowances in each case in which there has been such an appointment;
g
the result of the proceedings in each case in which there has been such an appointment.
Panel committee functions
8
The local authority shall make arrangements for the panel committee to assist with liaison between the local authority in their administration of the panel and the courts in the local authority’s area and to advise on —
a
the standards of practice of guardians ad litem and reporting officers in relevant proceedings in their area;
b
the appointment and reappointment of guardians ad litem and reporting officers to the panel, termination of their appointment and review of their work;
c
the training of guardians ad litem and reporting officers; and
d
matters arising from complaints concerning guardians ad litem, reporting officers and the administration of the panel (but not the investigation of particular complaints).
Expenses, fees and allowances of members of panels
9
1
Each local authority shall defray the reasonable expenses incurred in respect of relevant proceedings by members of the panel established in respect of their area and pay fees and allowances for members of such panels in respect of relevant proceedings.
2
No expenses, fees and allowances referred to in paragraph (1) of this regulation shall be defrayed or paid by local authorities by virtue of paragraph (1) in respect of a member of a panel who is employed under a contract of service by a local authority or probation committee for thirty hours or more a week.
Monitoring the work of guardians ad litem and reporting officers
10
1
For the purposes of monitoring the work of guardians ad litem and reporting officers each local authority which has established a panel in respect of their area shall —
a
obtain the views of the panel committee on the work of each member of the panel who has been appointed a guardian ad litem or reporting officer, and
b
review the work of each such member of the panel
at least once during the first year of an appointment to the panel.
2
The results of each review shall be recorded by the local authority in writing and they shall send a copy of the results to the member of the panel to whom they relate.
Training
11
The local authority shall, having regard to the cases in which members of the panel have been or may be appointed as a guardian ad litem or reporting officer, identify any training needs which members of the panel may have and make reasonable provision for such training.
Revocation of the Guardian Ad Litem and Reporting Officers (Panels) Regulations 1983 and Amendment Regulations 1986
12
The Guardians Ad Litem and Reporting Officers (Panels) Regulations 1983 and the Guardians Ad Litem and Reporting Officers (Panels) (Amendment) Regulations 1986 are hereby revoked.
Signed by authority of the Secretary of State for Health.
Virginia Bottomley
Minister of State,
Department of Health
10th September 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the South Downs Health National Health Service Trust (Establishment) Order 1991 and shall come into force on 1st November 1991.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of or Schedule 1 to the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 1st November 1991;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the South Downs Health National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called South Downs Health National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at Brighton General Hospital, Elm Grove, Brighton, East Sussex BN2 3EW and associated hospitals;
b
to manage community health services provided from Brighton General Hospital, Elm Grove, Brighton, East Sussex BN2 3EW and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1992.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Brighton 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 Brighton 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 Brighton Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Virginia Bottomley
Minister of State,
Department of Health
21st October 1991


text:
Citation and commencement
1
This Order may be cited as The Free Zone (Liverpool) Designation Order 1991 and shall come into force on 6th August 1991.
Designation of area as free zone
2
–
1
An area of 787 acres, in the County of Merseyside, consisting of 121 acres in the Metropolitan Borough of Wirral together with 666 acres in the Borough of Sefton, shown enclosed by a red line on maps (in this article referred to as “the maps”), entitled Docks Plan Sheet No. 10 and Freeport Docks Plan Sheet No. 11 respectively, being of a scale of 25 inches to a mile, and signed by a Collector of Customs and Excise, shall be a free zone.
2
The maps shall be kept by the Commissioners at their Headquarters, New King’s Beam House, 22 Upper Ground, London SE1 9PJ and copies thereof at the offices of the responsible authority.
3
The maps or the copies thereof may, on application, be inspected by members of the public at reasonable hours without charge.
Appointment of responsible authority
3
The responsible authority for the free zone shall be The Mersey Docks and Harbour Company whose Head Office is at Pier Head, Liverpool.
Period of validity of Order
4
This Order shall have effect for a period of 10 years from the date of coming into force.
Conditions imposed on responsible authority
5
The responsible authority shall not permit the area designated by this Order to function as a free zone before the Commissioners are satisfied that the area is secure and have so notified the responsible authority in writing.
6
The responsible authority shall–
a
maintain an office in the free zone or at such other place as the Commissioners may allow at which shall be kept any records, for which the responsible authority is responsible, relating to the free zone and the business carried on therein;
b
keep separate accounts in connection with the free zone;
c
provide such information in connection with the free zone and the operation thereof to any person authorised by the Treasury, as that person may reasonably require;
d
provide, free of expense to the Crown, such accommodation and facilities including furniture, fittings and equipment as the Commissioners may reasonably require and such accommodation and facilities shall be properly maintained, heated, lighted, ventilated and kept clean by the responsible authority;
e
provide, free of expense to the Crown, such area of land within the free zone as the Commissioners may reasonably require for the examination of goods and vehicles and shall provide and maintain such appliances and afford such other facilities which are reasonably necessary to enable an account to be taken of any goods or make any examination or search;
f
not permit a person to establish or carry on any trade or business in the free zone unless that person is authorised by the Commissioners to carry on such a trade or business in the free zone.
Health and safety
7
Without prejudice to the responsibilities of persons occupying premises within the free zone, the responsible authority shall ensure that the working conditions within the free zone are safe and without risk to the health and safety of persons employed by the Commissioners and shall comply with any requirements concerning health and safety imposed by any competent authority.
Thomas Sackville
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
24th July 1991


text:
1
The Secretary of State for Transport makes this Order in exercise of powers conferred by sections 10 and 12 of the Highways Act 1980 , and now vested in him , and of all other enabling powers:
2
The length of the trunk road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan, shall cease to be a trunk road and shall be classified as a classified road as from the date on which the Secretary of State notifies the County Council of Norfolk that the new trunk road referred to in article 1 of the A11 Trunk Road (Besthorpe to Wymondham Improvement and Slip Roads) Order 1991 , is open for through traffic.
3
In this Order —
1
All measurements of distance are measured along the route of the trunk road;
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 classifed as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the deposited plan”means the plan numbered HA10/2E/311 marked The A11 Trunk Road (Besthorpe to Wymondham Improvement) Detrunking Order 1991 signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY.
iii
“the trunk road”means the A11 Trunk Road.
4
This Order shall come into force on 13th August 1991 and may be cited as the A11 Trunk Road (Besthorpe to Wymondham Improvement) Detrunking Order 1991.
Signed by authority of the Secretary of State for Transport
Peter Emms
Regional Director Eastern Region,
Department of Transport
22nd July 1991


text:
1
This Order may be cited as the Immigration (Variation of Leave)(Revocation) Order 1991 and shall come into force on the day after theday on which it is made.
2
The Immigration (Variation of Leave) Order 1991 is hereby revoked.
Kenneth Baker
One of Her Majesty’s Principal Secretaries of State
Home Office
12th April 1991


text:
1
1
This Order may be cited as the Family Proceedings Fees Order 1991 and shall come into force on 14th October 1991.
2
In this Order, unless a contrary intention appears —
a rule or form referred to by number alone means the rule or form so numbered in the Family Proceedings Rules 1991 ;
expressions also used in the Family Proceedings Rules 1991 have the same meaning as in those Rules.
2
Subject to articles 3 and 4, the fees specified in the Schedule to this Order shall be taken in family proceedings in the High Court or in a county court.
3
No fee shall be payable under this Order where the person who would otherwise be liable to pay —
a
is a legally assisted person within the meaning of section 2(11) of the Legal Aid Act 1988 ;
b
is in receipt of income support or family credit under Part II of the Social Security Act 1986 ;
c
is a person who is not a beneficiary of a trust fund in court of a value of more than £50,000 and who is —
i
under the age of eighteen, or
ii
a person for whose financial relief an order under paragraph 2 of Schedule 1 to the Children Act 1989 is in force or is being applied for.
4
Where it appears to the Lord Chancellor that the payment of any fee prescribed by this Order would, owing to the exceptional circumstances of the particular case, involve undue hardship, he may reduce or remit the fee in that case.
Mackay of Clashfern, C.
16th September 1991
We concur
Thomas Sackville
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
19th September 1991


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Charges for Drugs and Appliances) Amendment Regulations 1991 and shall come into force on1st April 1991.
2
In these Regulations, “the principal Regulations ” means the National Health Service (Charges for Drugs and Appliances) Regulations 1989 .
Amendment of the principal Regulations
2
1
In regulation 2(1) of the principal Regulations (interpretation), in the definition of “prescription form”, in sub-paragraph (a), after the words “health authority's” there shall be inserted the words “or an NHS trust's” .
2
In regulation 5 of the principal Regulations (supply of drugs and appliances by health authorities) —
a
in paragraph (1), after the words “health authority”, there shall be inserted the words “or an NHS trust”;
b
in paragraph (2)(b), after the words “health authority”, there shall be inserted the words “or the NHS trust”;
c
in paragraph (4), after the words “health authority”, there shall be inserted the words “or an NHS trust”.
3
In regulation 6 of the principal Regulations (exemptions), in paragraph (5), for the words “or a health authority” and the words “or that health authority”, there shall be substituted respectively the words “, a health authority or a NHS trust” and the words “, that health authority or that NHS trust”.
4
In relation 9 of the principal Regulations (repayment of charges), in paragraph (3) —
a
after the words “health authority”, there shall be inserted the words “or the NHS trust”;
b
in sub-paragraph (b), after the words “health authority”, there shall be inserted the words “or the NHS trust”.
5
For each amount specified in column (3) of the Schedule to these Regulations, where it appears in the provision of the principal Regulations specified in relation to it in column (1) (the subject matter of which is indicated in column (2)), there shall be substituted the amount specified in relation to it in column (4) of that Schedule.
Signed by authority of the Secretary of State for Health.
Virginia Bottomley
Minister of State,
Department of Health
10th March 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Nottingham Community Health National Health Service Trust (Establishment) Order 1991 and shall come into force on 1st November 1991.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of or Schedule 1 to the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 1st November 1991;
“operational date” has the meaning assigned to it in paragraph 3(1)(c) of Schedule 2 to the Act;
“the trust” means the Nottingham Community Health National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Nottingham Community Health National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to manage community health services provided from Memorial House, Standard Hill, Nottingham, NG1 6FX and to own the associated premises including the management of its teaching and research facilities.
Directors of the trust
4
The trust shall have, in addition to the chairman 5 non-executive directors and 5 executive directors.
2
Since the trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 3(1)(d) of Schedule 2 to the Act one of the non-executive directors shall be appointed from Nottingham University.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1992.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Nottingham District 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 Nottingham District 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 Nottingham District Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Stephen Dorrell
Parliamentary Under Secretary of State,
Department of Health
21st October 1991


text:
PRELIMINARY
Citation and commencement
1
These Regulations may be cited as the Savings Certificates (Children’s Bonus Bonds) Regulations 1991 and shall come into force on 8th July 1991.
Interpretation
2
–
1
In these Regulations, unless the context otherwise requires–
“amount repayable”, in relation to any certificate, includes any interest or bonus or other sum which has accrued due in respect of that certificate;
“certificate” means a national savings certificate issued under the name of a children’s bonus bond by the Treasury under the auspices of the Director of Savings for the purpose of raising money authorised to be raised by any Act;
“Chief Registrar of friendly societies” means the Chief Registrar of friendly societies or a deputy appointed by him;
“mentally disordered person”, in the application of these Regulations to England and Wales, means a person who is incapable, by reason of mental disorder within the meaning of the Mental Health Act 1983 , of managing and administering his property and affairs;
“multiple certificate” means a certificate representing more than one unit certificate;
“receiver”, in the application of these Regulations to England and Wales, means, in relation to any act or thing done in respect of a mentally disordered person, a receiver or other person authorised in that behalf under Part VII of the Mental Health Act 1983;
“Treasury Solicitor” means the Solicitor for the affairs of Her Majesty’s Treasury; and
“unit” means, in relation to certificates of any series, the minimum amount for which a certificate of that series is issued and “unit certificate” means a certificate issued on payment of such minimum amount.
2
Unless the context otherwise requires references to a certificate being held by a person shall include cases where a certificate is deemed to be held by that person and references to the holder of a certificate shall include a person deemed to hold a certificate.
3
Unless the context otherwise requires references to regulations are references to regulations of these Regulations.
ISSUE AND PURCHASE OF CERTIFICATES
Issue, purchase and recording of certificates
3
–
1
Certificates shall be issued at such places as the Director of Savings shall determine and by such persons as he shall authorise.
2
An application to purchase a certificate shall be made in a manner approved by the Director of Savings and for the purposes of any such application, the applicant shall deliver to the Director of Savings such documents and other information in writing as he may require.
3
The names of all persons who are for the time being holders of certificates shall be recorded by the Director of Savings.
Persons entitled to purchase and hold certificates
4
–
1
A certificate may be purchased on behalf of and in the name of any person who has not attained the age of sixteen years by any other person who has attained the age of sixteen years, and is not under any legal disability, or by any two or more such persons.
2
Any certificate purchased under paragraph 1 shall be deemed to be held by the person on whose behalf it is purchased but no certificate shall be purchased on behalf of and in the name of more than one person.
3
A certificate may not be purchased or held by a person acting as trustee on behalf of any other person.
4
A certificate may be held by a person who has attained the age of sixteen years and who is not under any legal disability.
5
The Director of Savings may require a specimen of the signature of a person on whose behalf a certificate has been purchased at any time after that person has attained the age of sixteen years.
Maximum holding of certificates
5
A person shall not purchase any certificates if the total number of units which will be held by the person on whose behalf they are purchased immediately after the purchase will exceed the number of units specified by or in accordance with the prospectus relating to such certificates as the maximum number of units of that description of certificate which may be held by any one person and a person shall not hold any certificates purchased on his behalf if the total number of units which will be held by him immediately after the purchase will exceed the number of units so specified.
REPAYMENT OF CERTIFICATES
Applications for repayment
6
–
1
Application for payment of the amount repayable in respect of a certificate shall be made in writing in a manner approved by the Director of Savings and shall (subject to the provisions of these Regulations relating to payment in the case of special classes of persons) be made by the holder of a certificate who has attained the age of sixteen years. Where repayment is requested on a specified date the application may not, unless the Director of Savings otherwise agrees, be made more than two months before that date. Unless the Director of Savings otherwise directs or agrees any application for repayment shall be made to the Children’s Bonus Bond Office, National Savings Bank, Glasgow.
2
In the case of a multiple certificate, an application may be made for repayment in respect of any number of the unit certificates represented by the multiple certificate.
3
The holder of a certificate, being a person who has attained the age of sixteen years, shall not, unless the Director of Savings is satisfied that it is appropriate for him to do so, authorise any person to apply for or receive on his behalf the amount repayable in respect of the certificate.
Reypayment warrants
7
–
1
Every payment of an amount repayable in respect of a certificate shall be made by a crossed warrant except where the Director of Savings otherwise directs; and accordingly in the absence of such direction every application for payment of any such amount shall be treated as implying an authority to him to issue a crossed warrant for that amount and to pay it in accordance with the terms of the warrant, and the death of the person who made the application for repayment shall not of itself determine such authority; but if the Director of Savings receives notice that the applicant has died or has countermanded such authority, the Director of Savings shall not issue the warrant or, if it has already been issued, shall take all reasonable steps to stop payment thereof.
2
The provisions of section 76, subsections (1), (3), (4) and (5) and, so far as it relates to crossed cheques, subsection (6) of section 77 and sections 78, 79, 80 and 81 of the Bills of Exchange Act 1882 (which relate to crossed cheques) and of sections 3 and 4 of the Cheques Act 1957 (which relate to unindorsed cheques as evidence of payment and to the protection of collecting bankers) shall apply to any crossed warrant issued under these Regulations as if the warrant were a cheque drawn on the Director of Savings by the officer issuing the warrant, but nothing in these Regulations shall make any such warrant negotiable.
3
Except where the Director of Savings otherwise directs, a warrant shall not be paid until the certificate in respect of which the repayment is to be made has been delivered to the Director of Savings.
4
For the purpose of determining the amount repayable in respect of a certificate, the payment of the amount repayable thereunder shall be deemed to be effected on the date appearing on the warrant.
5
Subject to paragraph (6) below, the date appearing on the warrant shall, unless the holder has requested a later date, be not more than 31 days from the date on which application for payment of the amount repayable in respect of a certificate is received by the Director of Savings in accordance with regulation 6(1) above; and where the holder has requested that the warrant be dated with a later date, the date appearing on the warrant shall be no later than that date save that the Director of Savings may set a different date (being not more than 10 days after the requested date) if, having regard to the terms on which the certificate was issued, he is satisfied that such different date would be in the interests of the holder.
6
If the Director of Savings is satisfied that it is or was not practicable to dispatch the warrant in time to enable payment thereof to be made on a date within paragraph (5) above, then the date appearing on the warrant shall be no later than the earliest date by which he is satisfied it would be practicable for the payee to obtain payment thereof. In this paragraph the expression “payment” in relation to a crossed warrant shall include paying in the warrant at a bank or other institution.
7
The posting of a warrant to any person at the last address furnished to the Director of Savings shall, as regards the liability of the Treasury or the Director of Savings, be equivalent to the delivery of the warrant to that person.
Repayment in case of persons under 16 years of age
8
–
1
Subject to paragraph (2) below and to regulation 9, no repayment shall be made in respect of a certificate held by a person under the age of sixteen years.
2
Where it is shown to the satisfaction of the Director of Savings that any person holding a certificate is a person under the age of sixteen years, other than a mentally disordered person, the Director of Savings may, if he thinks fit, pay the whole or any part of the amount repayable in respect of the certificate to any person who has applied for repayment and satisfies him that he is a proper person to receive payment.
Repayment in case of mentally disordered persons
9
–
1
An application for repayment in respect of a certificate held by a mentally disordered person shall be made by his receiver.
2
Where it is shown to the satisfaction of the Director of Savings that any person holding a certificate is a mentally disordered person for whose estate no receiver has been appointed, the Director of Savings may, where it is shown to his satisfaction that it is expedient that the whole or any part of the amount repayable in respect of the certificate should be applied for the maintenance or otherwise for the benefit of that person, if he thinks fit pay that amount or that part thereof to any person who satisfies him that he will apply it for such purposes as aforesaid.
Repayment in case of bankrupts
10
Where it is shown to the satisfaction of the Director of Savings that a bankruptcy order has been made against any person who is the holder of a certificate, or that a trustee has been appointed in the bankruptcy of any such person, or that an order for the administration in bankruptcy of the estate of a deceased holder has been made,the Director of Savings may, if he thinks fit, on an application made in that behalf by the Official Receiver or trustee pay to the Official Receiver or the trustee, as the case may be, the amount repayable in respect of that certificate.
TRANSFER OF CERTIFICATES
Prohibition on transfers
11
No transfer of a certificate may be effected by the Director of Savings either during the life, or on the death, of the holder of a certificate.
PAYMENT IN CASE OF DEATH
Payment under grant of representation
12
–
1
In the event of the death of the holder of a certificate, the production of probate or letters of administration granted, or having effect as if granted, in respect of personal estate including the certificate, by a court in the United Kingdom, the Isle of Man or the Channel Islands, or of a certified copy thereof, shall, subject to the provisions of these Regulations, be sufficient authority to the Director of Savings to pay the amount repayable in respect of the certificate to the person to whom the grant was made or as directed by that person.
2
Where any sum repayable in respect of a certificate is paid in purported pursuance of this regulation, the payment shall, notwithstanding the invalidity of, or any defect in, the probate or letters of administration, be deemed for the purposes of these Regulations to have been duly made.
Payment without a grant of representation
13
–
1
Where, on the death of the holder of a certificate, the amount repayable in respect of which does not, at the time of his death, exceed in the aggregate £5,000, probate of his will or letters of administration to his estate is not or are not produced to the Director of Savings within such time as he thinks reasonable in the circumstances of the case, the Director of Savings, if he thinks fit, may, without requiring probate or letters of administration, pay the amount repayable in respect of those certificates, or any part of that amount–
a
to a person appearing to the Director of Savings to be entitled to take out probate of the will of the deceased or letters of administration to his estate;
b
where the deceased has left a will (being a will with respect to which the Director of Savings is satisfied that probate or letters of administration with the will annexed would be granted), to any person to whom the amount repayable or any part thereof would, in the opinion of the Director of Savings, be payable under such will, if probate thereof or letters of administration with the will annexed were granted;
c
to any person who satisfies the Director of Savings that he is entitled to receive the amount repayable or any part thereof in right of his being–
i
a person who has paid the funeral expenses of the deceased; or
ii
a creditor of the deceased; or
iii
a person who has a beneficial interest in the estate of the deceased;
d
if the deceased was a British citizen and his next of kin appears to the Director of Savings to reside outside the United Kingdom, the Isle of Man and the Channel Islands, to any officer or authority who, in the opinion of the Director of Savings, may properly be entrusted with the duty of distributing the amount repayable;
e
if the deceased was a foreign subject, to the consular authority of the country to which the deceased belonged, or to such other authority as appears to the Director of Savings to be appropriate, subject in either case to the Director of Savings being satisfied that the amount repayable will be duly distributed;
f
in a case where the estate of the deceased appears to the Director of Savings to have devolved upon the Crown, the Duchy of Lancaster or the Duchy of Cornwall, to the Treasury Solicitor, the Solicitor for the affairs of the Duchy of Lancaster or the Solicitor for the affairs of the Duchy of Cornwall, as the case requires:
Provided that, where a person to whom any sum may be paid under sub-paragraph (b) or (c) of this paragraph has died before payment has been made to him, that sum or any part thereof may be paid to any person to whom it might have been paid if the first mentioned person had, immediately before his death, been the holder of the certificates in question.
2
Notwithstanding any rule of law to the contrary, any person to whom a payment may be made under sub-paragraph (b) or (c) of paragraph (1) of this regulation or under the proviso to that paragraph may sign a receipt therefor if he has attained the age of sixteen years, and the receipt shall be a valid receipt without the signature of any other person, and where any person to whom a payment may be so made is unable, by reason of his age or for any other reason whatsoever, to give a discharge therefor under these Regulations, the Director of Savings may make the payment to any person who satisfies him that he will apply it for the maintenance or otherwise for the benefit of the first mentioned person.
3
Subject to the provisions of the last preceding paragraph, the Director of Savings, in making any payment under sub-paragraph (b) or (c) of paragraph (1) of this regulation or under the proviso to that paragraph, shall, unless he is of the opinion that hardship or inconvenience would be thereby caused, have regard to the rules of law relating to the distribution of the estates of deceased persons, but, if he is of that opinion, may depart from those rules in such manner and to such extent as he considers just.
4
In this regulation the expression “will” includes a codicil.
Law applicable on holder’s death
14
Where, in the event of the death of the holder of a certificate, any payment in respect of the certificate made under these Regulations is made in accordance with the law of the place where the holder of the certificate resided at the date of his death, that payment shall, unless notice in writing to the effect that the holder was, at that date, domiciled in some other place has been received by the Director of Savings before the payment was made, be deemed for the purposes of these Regulations to have been duly made.
MISCELLANEOUS
Persons under disability
15
If any person holding any certificate is a mentally disordered person or is under legal disability for any other reason except his age alone, anything which under these Regulations is required or authorised to be done by or to the holder of the certificate shall or may be done by or to the receiver or other person having power in law to administer his estate.
Payments into National Savings Bank
16
–
1
Where the Director of Savings is unable for any reason to obtain a valid discharge for any payment falling to be made to any person in respect of a certificate, he may, unless other provision for dealing with the payment has been made by any enactment, open an account in the National Savings Bank in the name of the person to whom the payment is due, and may, until payment can be made to the person entitled thereto, retain the amount due in that account:
Provided that–
a
if the person to whom the payment is due has an account in the National Savings Bank, the Director of Savings may, if he thinks fit, instead of opening a new account, credit the amount payable to the existing account; and
b
in the case of an account opened by the Director of Savings–
i
no sum shall be received by way of deposit for the credit of the account except in pursuance of these Regulations; and
ii
the regulations requiring a declaration to be made by a depositor in the National Savings Bank shall not apply with respect to any payment into the account by the Director of Savings.
2
For the purpose of any Order under section 4 of the National Savings Bank Act 1971 (which empowers the Treasury by order to limit the amount of deposits in the National Savings Bank) or any Order having effect as if made under that section, regard shall not be had to any sum credited to an account under this regulation.
Loss of certificates, etc.
17
–
1
The loss or destruction of any document issued under the auspices of the Director of Savings in pursuance of these Regulations shall be notified in writing tothe Director of Savings as soon as practicable by the person entitled to possession of the document.
2
If it appears to the Director of Savings that any document so issued has been issued in error, lost, destroyed or tampered with, or is in such a condition as to render it desirable that it should be replaced by a new document, he may, subject to the provisions of this regulation, issue a new document in lieu of the old document to any person who satisfies him that he is entitled to the possession of the document.
3
The Director of Savings may attach to the issue under this regulation of any new document such conditions as to indemnity or otherwise as he thinks fit.
Forfeiture of certificates
18
–
1
Subject to the provisions of this regulation, if any person–
a
not being a person entitled under regulation 4 so to do, purchases or holds a certificate; or
b
purchases or holds any certificate in contravention of regulation 5;
the certificate shall, if the Director of Savings so directs, be forfeited:
Provided that, in any case in which the Director of Savings has directed the forfeiture of any certificates, he may, if he thinks fit, pay to the person concerned or credit to him in the National Savings Bank:
i
a sum equal to the aggregate amount of the purchase price of the certificates forfeited;
ii
(in the case of any certificates which the person concerned has purchased or held when he was not entitled so to do under regulation 4) such sum by way of interest, not exceeding the amount of interest which had accrued due in respect of those certificates immediately before the forfeiture thereof, as the Director of Savings may determine;
iii
(in the case of any certificates which the person concerned has purchased or held in contravention of regulation 5) interest, at such rate as the Director of Savings thinks fit, on a sum equal to the purchase price of those certificates, being interest computed in such manner as the Director of Savings, with the approval of the Treasury, may direct.
2
For the purposes of the foregoing provisions of this regulation, a multiple certificate shall be taken to be such number of unit certificates as is represented by the multiple certificate.
3
For the purposes of any Order under section 4 of the National Savings Bank Act 1971 (which empowers the Treasury by order to limit the amount of deposits in the National Savings Bank) or any Order having effect as if made under that section, any sum credited to a person under this regulation shall, if th4e Director of Savings so directs, be disregarded.
4
Notice of any forfeiture under this regulation shall be sent to the person concerned as soon as may be, and the Director of Savings may require any certificate which might be or is affected to be delivered up to him for the purpose of being either cancelled or altered or otherwise dealt with, as may be necessary to give effect to the provisions of this regulation.
Persons unable to write
19
Where any document is required by the Director of Savings or by these Regulations to be signed by any person and that person is unable to write, it shall be sufficient for the purposes of these Regulations if the document is marked by that person in the presence of a witness in such manner as the Director of Savings may require.
Rectification of mistakes
20
–
1
Any mistake in any document received from the Director of Savings in pursuance of these Regulations shall, as soon as practicable, be notified in writing to the Director of Savings by the person receiving the document.
2
If the Director of Savings is satisfied that any transaction effected or thing done, or purporting to have been effected or done, in accordance with these Regulations has been effected or done in error, he may cancel the transaction and may take all such steps as are, in his opinion, necessary to rectify the error, and may for that purpose require the surrender to him of any certificate or other document.
Settlement of disputes
21
–
1
If any dispute arises between the Director of Savings and–
a
the holder of any certificate, or
b
a person who is or claims to be the personal representative or next of kin or creditor of a holder, or the trustee in bankruptcy or assignee of a holder who is bankrupt or insolvent, or
c
a person who claims to be entitled to any certificate,
the matter in dispute shall be referred in writing to the Chief Registrar of friendly societies.
2
On any such reference being made, the Chief Registrar may proceed ex parte
on notice in writing sent by post to the Director of Savings and may administer oaths to any witnesses appearing before him.
3
The award of the Chief Registrar on any reference under this regulation shall be final and binding on all parties.
4
Section 11 of the National Savings Bank Act 1971 (which empowers the Treasury to direct that fees shall be charged on certain awards made by the Chief Registrar of friendly societies) shall have effect as if the awards therein mentioned included awards made under this regulation.
Notice of trust not receivable by Director of Savings
22
No notice of a charge, trust or other equitable interest shall be receivable by the Director of Savings in respect of a certificate.
Fees for birth, death and marriage certificates
23
Section 10 of the Savings Banks Act 1887 (which relates to the price of a certificate of birth, death or marriage required for the purpose of the Acts relating to the National Savings Bank), as amended by any Order in force for the time being under section 5 of the Public Expenditure and Receipts Act 1968 , shall apply for the purposes of these Regulations as it applies for the purposes of those Acts, and for the purposes of these Regulations the said section 10 shall have effect as if the holder of a certificate or any person having an interest in a certificate were a depositor in the National Savings Bank.
Indemnity of Treasury, Director of Savings and officers
24
–
1
The Treasury, the Director of Savings and any person acting under his authority shall not be liable in respect of any payment duly made or act duly done in accordance with these Regulations, and any such payment shall, subject to the provisions of these Regulations for saving the rights of third parties, be deemed to have been a valid payment, and the receipt of the person to whom the money was paid shall be a full discharge to the Treasury and the Director of Savings for the amount of the payment.
2
Where a warrant for payment of any amount repayable in respect of a certificate is issued payable to some person being neither the holder of the certificate nor a person otherwise entitled under these Regulations to receive payment in respect thereof, then, if it is shown that–
a
the warrant was issued in good faith and without negligence; and
b
the issue of the warrant to that person is attributable to some act or omission on the part of the holder or a person so entitled,
the warrant shall, subject to the provisions of these Regulations for saving the rights of third parties, be deemed to have been duly issued to a person so entitled.
Savings for rights of third parties
25
Nothing in these Regulations for the protection of the Treasury or the Director of Savings in respect of any act done or any money paid shall operate to prevent the recovery by any person or his representatives of any money lawfully due to him from the person to whom that money was paid by or under the direction of the Director of Savings, or from the representatives of that person, or affect the right which any person or his representatives may have in respect of a certificate against a third party.
Form of documents
26
Where any application is required by these Regulations to be made in a manner approved by the Director of Savings, the document in which the application is made shall contain a full and specific statement of the particulars required to be given, and any such document which is required by the Director of Savings to be signed by any person shall be signed by that person.
Evidence of identity, etc.
27
–
1
The Director of Savings shall be entitled to require evidence to be given to his satisfaction of the identity of any person or of the title of any person to any certificates, document or money, or to require evidence that anything purporting to be done in pursuance of these Regulations has been duly done, or otherwise with respect to any matters on which the due exercise of his powers or performance of his duties under these Regulations depends, and the Director of Savings may, for the purpose of obtaining any such evidence, require a statutory declaration to be made by any person.
2
The Director of Savings may accept as conclusive proof of the death of the holder of a certificate any evidence which establishes to his satisfaction the fact that the holder has not been heard of for a period of seven years or upwards, and, for the purposes of this paragraph, the expression “holder of a certificate” includes any person beneficially interested at any time, whether absolutely or contingently, in the personal estate of the deceased holder of a certificate.
Obligation of secrecy
28
–
1
A person employed in connection with business arising under these Regulations shall not disclose to any person, other than the Director of Savings or a person employed in carrying these Regulations into execution, the name of the purchaser or holder of any certificate, the number of certificates purchased by any person, or the amount repaid in respect of any certificate.
2
The last foregoing paragraph shall not prevent–
a
the Director of Savings from issuing any certificates with the name of the purchaser appearing thereon unless the purchaser has, at the time of purchase, requested that his name should not so appear, or
b
the disclosure by a person authorised for the purpose by the Director of Savings of information to any person in connection with an offence committed with reference to any certificate or for the purpose of ascertaining whether or not an offence has been so committed, or
c
compliance by the Director of Savings with a notice served on him under section 20(3) of the Taxes Management Act 1970 (requirement to deliver or make available documents relating to liability of a taxpayer).
Application to Scotland
29
In the application of these Regulations to Scotland–
a
any reference to a mentally disordered person shall be construed as a reference to a person who is incapable by reason of mental disorder within the meaning of the Mental Health (Scotland) Act 1984 of managing and administering his property and affairs;
b
any reference to a receiver in relation to a mentally disordered person shall be construed as a reference to a curator bonis, guardian or tutor;
c
any reference to a bankruptcy order shall be construed as a reference to an award of sequestration;
d
any reference to the Official Receiver shall be construed as a reference to the trustee in bankruptcy or a judicial factor;
e
any reference to probate, letters of administration or letters of administration with the will annexed shall be construed as a reference to confirmation of an executor;
f
any reference to the Treasury Solicitor shall be construed as a reference to the Queen’s and Lord Treasurer’s Remembrancer;
g
any reference to the Chief Registrar of friendly societies shall be construed as a reference to the Assistant Registrar of friendly societies for Scotland.
Application to Northern Ireland
30
In the application of these Regulations to Northern Ireland–
a
any reference to a mentally disordered person shall be construed as a reference to a person who, by reason of unsoundness of mind, or of mental disorder within the meaning of the Mental Health (Northern Ireland) Order 1986 , is or is considered incapable of managing his affairs;
b
any reference to a receiver in relation to a mentally disordered person shall be construed as a reference to a controller or any other person appointed pursuant to the Mental Health (Northern Ireland) Order 1986 and the orders made thereunder to exercise with respect to the estate of such person powers similar to those of a committee;
c
any reference to a bankruptcy order shall be construed as a reference to an order of adjudication of bankruptcy, or to an order in any arrangement operating by virtue of section 349 of the Irish Bankrupt and Insolvent Act 1857 to vest a deposit in the Official Assignee alone or jointly with any person;
d
any reference to the Official Receiver shall be construed as a reference to the Official Assignee in Bankruptcy;
e
any reference to the Treasury Solicitor shall be construed as a reference to the Crown Solicitor for Northern Ireland.
Application to the Isle of Man
31
–
1
These Regulations shall extend to the Isle of Man.
2
In the application of these Regulations to the Isle of Man–
a
any reference to a mentally disordered person shall be construed as a reference to a person who is incapable by reason of mental disorder within the meaning of the Mental Health Act 1974 (an Act of Tynwald) of managing and administering his property and affairs;
b
any reference to a receiver in relation to any act or thing done in respect of a mentally disordered person shall be construed as a reference to a receiver or other person authorised in that behalf under Part VII of the said Act of 1974;
c
any reference to a bankruptcy order shall be construed as a reference to a receiving order or an order of adjudication of bankruptcy;
d
any reference to the Treasury Solicitor shall be construed as a reference toHer Majesty’s Attorney General for the Isle of Man.
Application to the Channel Islands
32
–
1
These Regulations shall extend to the Channel Islands.
2
In the application of these Regulations to Jersey–
a
any reference to a mentally disordered person shall be construed as a reference to a person suffering from mental disorder within the meaning of the Mental Health (Jersey) Law 1969;
b
any reference to a receiver in relation to a mentally disordered person shall be construed as a reference to a curator;
c
the references in regulation 7(2) of these Regulations to sections 3 and 4 of the Cheques Act 1957 shall be respectively construed as references to articles 3 and 4 of the Cheques (Jersey) Law 1957;
d
any reference to a receiving order shall be construed as a reference to a declaration of “désastre”;
e
any reference to the Official Receiver shall be construed as a reference to the Viscount or to an “attourné” appointed in bankruptcy, as the case may be;
f
any reference to the Treasury Solicitor shall be construed as a reference toHer Majesty’s Receiver General;
g
any reference to a statutory declaration shall be construed as a reference to a declaration on oath before the Bailiff, a Jurat, the Magistrate or a notary public.
3
In the application of these Regulations to Guernsey, Alderney and Sark–
a
any reference to a mentally disordered person shall be construed as a reference to a person who under any law for the time being in force in any of the Islands of the Bailiwick of Guernsey is a person of unsound mind;
b
any reference to a receiver in relation to a mentally disordered person shall be construed as a reference to a guardian appointed by the Royal Court of Guernsey, the Court of Alderney or the Court of the Seneschal of Sark, as the case may be;
c
any reference to the Treasury Solicitor shall be construed as a reference toHer Majesty’s Receiver-General;
d
any reference to a statutory declaration shall be construed as a reference to a declaration on oath before a notary public or–
i
in Guernsey, before the Bailiff or Deputy Bailiff, a Jurat of the Royal Court or the Magistrate;
ii
in Alderney, before a Jurat of the Court of Alderney; and
iii
in Sark, before the Seneschal.
e
the references in regulation 7(2) of these Regulations to section 76, subsections (1), (3), (4) and (5) and, so far as it relates to crossed cheques, subsection (6) ofsection 77, and sections 78, 79, 80 and 81 of the Bills of Exchange Act 1882 shall be respectively construed as references to section 75, subsections (1), (3), (4) and (5) and, so far as it relates to crossed cheques, subsection (6) of section 76, and sections 77, 78, 79 and 80 of the Bills of Exchange (Guernsey) Law 1958, and the references in the said regulation 7(2) to sections 3 and 4 of the Cheques Act 1957 shall be respectively construed as references to sections 83 and 84 of the Bills of Exchange (Guernsey) Law 1958;
f
for regulation 10 of these Regulations shall be substituted the following regulation–
10
Where it is shown to the satisfaction of the Director of Savings that any person who is the holder of a certificate is insolvent, the Director of Savings may, if he thinks fit, pay the amount repayable in respect of the certificate to any person who makes application in that behalf and who satisfies him that he is a proper person to receive payment.
;
g
in regulation 21(1)(b) of these Regulations the words “or the trustee in bankruptcy or assignee of a holder who is bankrupt or insolvent” shall be deleted.
Sydney Chapman
Thomas Sackville
Two of the Lords Commissioners of Her Majesty’s Treasury
18th June 1991


text:
1
The new highways which the Secretary of State proposes to construct–
a
along the route described in Schedule 1 to this Order (the highway along this route being in this order referred to as “the main new trunk road”); and
b
along the routes described in Schedule 2 to this Order which connect the main new trunk road with other highways at the places stated in that schedule (the highways along these routes being in this order referred to as “the slip roads”),
shall become trunk roads 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 a new trunk road that–
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purpose of through traffic.
4
In this Order–
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the deposited plan” means the plan folio numbered HA10/CNE 96 marked “The North-West of Doncaster-Kendal Trunk Road (Airedale Route) (Bingley to Cottingley Bar Section and Slip Roads) Order 1991”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the new trunk roads” means the main new trunk road and the slip roads and “a new trunk road” means one of those highways; and
iii
“the Trunk Road” means the A650 North-West of DoncasterKendal Trunk Road.
5
This Order shall come into force on 25th July 1991 and may be cited as the NorthWest of Doncaster-Kendal Trunk Road (Airedale Route) (Bingley to Cottingley Bar Section and Slip Roads) Order 1991.
Signed by authority of theSecretary of State for Transport
J. P. Henry
Regional Director Yorkshire & Humberside Region,
Department of Transport
15th May 1991


text:
1
These Regulations may be cited as the Goods Vehicles (Authorisation of International Journeys) (Fees) (Amendment) (No. 2) Regulations 1991 and shall come into force on 1st January 1992.
2
The Goods Vehicles (Authorisation of International Journeys) (Fees) Regulations 1983 shall be amended in Schedule 1, by the deletion in columns 1 and 2 of the references to the entries relating to agreements with the Czechoslovak Socialist Republic, the Hungarian People’s Republic and the Portuguese Republic.
Signed by authority of the Secretary of State for Transport
Christopher Chope
Parliamentary Under Secretary of State,
Department of Transport
21st November 1991
We consent to the making of these Regulations
Gregory Knight
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
29th November 1991