text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Community Charges (Administration and Enforcement) (Amendment) (No. 3) Regulations 1990 and shall come into force on 31st December 1990.
2
In these Regulations “the principal Regulations ” means the Community Charges (Administration and Enforcement) Regulations 1989 .
Application of the Regulations
2
These Regulations apply in relation to financial years beginning on or after 1st April 1991.
Amendment of the principal Regulations
3
The principal Regulations are amended as provided in regulations 4 and 5.
4
For regulation 62 there is substituted the following regulation —
Standard community charge multipliers
62
1
The following are classes of property prescribed for the purposes of section 40(4) of the Act for which the standard community charge multiplier may not exceed 0 —
Class A: unoccupied property which requires or is undergoing structural repair works to render it habitable, and unoccupied property with respect to which less than 6 months have elapsed since the day on which such repair works were substantially completed;
Class B: unoccupied property whose erection is not substantially completed, or which is in the course of structural alteration which has not been substantially completed, and unoccupied property if less than 6 months have elapsed since the day on which its erection or structural alteration was substantially completed;
Class C: unoccupied property with respect to which less than 6 months have elapsed since the relevant day;
Class D: unoccupied property where —
the person subject to the standard community charge arising by virtue of it is exempt from the personal community charge in consequence of the provisions of paragraph 1, 8 or 9 of Schedule 1 to the Act or article 2 of the Personal Community Charge (Exemptions) Order 1989 ; and
the property was previously his sole or main residence, and for the whole of the period since it last ceased to be such he has been a relevant individual;
Class E: unoccupied property where the person subject to the standard community charge arising by virtue of it is subject to the charge in his capacity as personal representative, and with respect to which either no grant of probate or of letters of administration has been made, or less than 6 months have elapsed since the day on which a grant of probate or of letters of administration was made;
Class F: property whose occupation is prohibited by law, or which is kept unoccupied by reason of action taken by or on behalf of the Crown or any local or public authority with a view to prohibiting its occupation or to acquiring it;
Class G: unoccupied property which is held for the purpose of being available for occupation by a minister of religion as a residence from which to perform the duties of his office;
Class H: unoccupied property where —
the person subject to the standard community charge arising by virtue of the property is an individual who has his sole or main residence in another place which is not a hospital, residential care home, nursing home, mental nursing home or hostel within the meaning of paragraph 8 or 9 of Schedule 1 to the Act , and he is so resident there for the purpose of receiving personal care which he requires by reason of old age, disablement, illness, past or present alcohol or drug dependence or past or present mental disorder; and
the property was previously his sole or main residence, and for the whole of the period since it last ceased to be such he has been a relevant individual;
Class I: unoccupied property where —
the person subject to the standard community charge arising by virtue of the property (“the chargeable person”) is an individual who has his sole or main residence in another place for the purpose of providing, or better providing, personal care for a person who requires such care by reason of old age, disablement, illness, past or present alcohol or drug dependence or past or present mental disorder; and
the property was previously the sole or main residence of the chargeable person and for the whole of the period since it last ceased to be such he has had his sole or main residence in other places for the purpose mentioned in sub-paragraph (a) above;
Class J: unoccupied property where —
the person subject to the standard community charge arising by virtue of it is liable to pay an amount in respect of a personal community charge that is determined by reference to section 13 of the Act (relief for students); and
the property was previously his sole or main residence, and for the whole of the period since it last ceased to be such he has been a relevant individual;
Class K: unoccupied property in relation to which the person subject to the standard community charge arising by virtue of it is the mortgagor (or one of joint mortgagors) and the mortgagee is in possession under the mortgage;
Class L: unoccupied property which —
is situated within the same curtilage as a building or part of a building which, by reason of it being his sole or main residence, renders the person who is subject to the standard community charge arising by virtue of the unoccupied property subject also to a personal community charge; and
by reason of its situation in relation to the occupied building or part, is difficult to let separately from it.
2
The following are classes of property prescribed for the purposes of section 40(4) of the Act for which the standard community charge multiplier may not exceed ½–
Class M: unoccupied property which does not fall into any of the foregoing classes and where the person subject to the standard community charge arising by virtue of it occupies another property which is for him job-related;
Class N: unoccupied property which does not fall into any of the foregoing classes and in relation to which a condition or limitation requiring (in whatever terms) occupation to be restricted to persons employed or engaged in agriculture has been imposed by virtue of section 70 of the Town and Country Planning Act l990 or an agreement under section 106 of that Act.
3
The following are classes of property prescribed for the purposes of section 40(4) of the Act for which the standard community charge multiplier may not exceed 1 —
Class O: caravans which do not fall into any of the foregoing classes;
Class P: property which does not fall into any of the foregoing classes and which, in consequence of a condition or limitation imposed by virtue of section 70 of the Town and Country Planning Act 1990 or an agreement under section 106 of that Act, may not be occupied throughout the year;
Class Q: unoccupied domestic property which does not fall into any of the foregoing classes and which —
constitutes a self-contained part of a building of which the whole is not domestic property for the purposes of section 3 of the Act ; and
by reason of its situation in relation to a part of the building that is not domestic property, is difficult to let separately from it;
Class R: unoccupied domestic property which does not fall into any of the foregoing classes and which —
constitutes a self-contained part of a building of which the whole is not domestic property for the purposes of section 3 of the Act; and
by virtue of a restriction contained in a tenancy agreement relating to the whole of the building made before, or entered into in pursuance of a contract entered into before, 31st January 1991, cannot be used for living accommodation.
4
A person is a relevant individual at any time for the purposes of sub-paragraph (b) of the prescription of classes D and H if —
a
he is exempt at the time from the personal community charge in consequence of the provisions of paragraph 1, 8 or 9 of Schedule 1 to the Act or article 2 of the Personal Community Charge (Exemptions) Order 1989 (or, as regards periods before persons could become subject to a personal community charge, would have been so exempt if such charges, those provisions and the provisions of article 4 of that Order had then been in effect), or
b
he has his sole or main residence at the time in such other place as is mentioned in sub-paragraph (a) of the prescription of Class H for the purpose of receiving personal care which he requires by reason of the matters so mentioned.
5
A person is a relevant individual at any time for the purposes of sub-paragraph (b) of the prescription of Class J if he is liable at the time to pay an amount in respect of a personal community charge that is determined by reference to section 13 of the Act (or, as regards periods before persons could become subject to a personal community charge, would have been liable to pay an amount so determined if such charges, that section and the Personal Community Charge (Students) Regulations 1989 had then been in effect and the requirements mentioned in subsection (l) of that section would have been satisfied in relation to him).
6
References in this regulation to property are, except where the context otherwise requires, references to the building, self-contained part of a building or caravan in respect of which the standard community charge arises.
7
Subject to paragraphs (8) and (9), property is job-related for a person if —
a
it is provided for him by reason of his employment or for his spouse by reason of her employment, in any of the following cases —
i
where it is necessary for the proper performance of the duties of the employment that the employee should reside in that property;
ii
where the property is provided for the better performance of the duties of the employment, and it is one of the kinds of employment in the case of which it is customary for employers to provide property for employees;
iii
where, there being a special threat to the employee’s security, special security arrangements are in force and the employee resides in the property as part of those arrangements;
b
under a contract entered into at arm’s length and requiring him or his spouse to carry on a particular trade, profession or vocation, he or his spouse is bound —
i
to carry on that trade, profession or vocation in property provided by another person (whether under a tenancy or otherwise); and
ii
to live either in that property or in other property provided by that other person.
8
If the property is provided by a company and the employee is a director of that or an associated company, paragraph (7)(a)(i) or (ii) shall not apply unless either —
a
the employment is as a full-time working director, or
b
the company is non-profit making, that is to say, it does not carry on a trade nor do its functions consist wholly or mainly in the holding of investments or other property, or
c
the company is established for charitable purposes only.
9
Paragraph (7)(b) does not apply if the property concerned is in whole or in part provided by any other person or persons together with whom the person or spouse carries on a trade or business in partnership.
10
In this regulation —
a
a company is an associated company of another if one of them has control of the other or both are under the control of the same person;
b
“director”, “full-time working director” and “control”, in relation to a body corporate, have the same meanings as they have in section 168(8) to (10) and (12) of the Income and Corporation Taxes Act 1988 ; and
c
references to the spouse of a person shall be taken to include references to a person of the opposite sex who is living with the other as that person’s husband or wife.
11
Property is unoccupied at any time —
a
for the purposes of classes D to I, K to M and Q and R, if at the time no one lives there;
b
for the purposes of classes A to C and N, if at the time no one lives there and the property is substantially unfurnished;
c
for the purposes of Class J, if at the time —
i
no one lives there; or
ii
it is occupied only by the person who is subject to the standard community charge arising by virtue of it.
12
In this regulation “the relevant day” with respect to unoccupied property means the day on which the property concerned was last occupied (which is to be determined by reference to paragraph (11)(b)), save that where property which was unoccupied becomes occupied on any day and becomes unoccupied again at the expiry of a period of less than 6 weeks beginning with that day, for the purpose of determining the relevant day (and only for that purpose) the property shall be treated as having remained unoccupied during that period.
.
5
In regulation 59 (co-owners) of the principal Regulations, paragraph (5) is amended —
a
by the substitution for the words “mentioned in Class D, FB or FC” of the words “mentioned in Class D, H or I”; and
b
by the substitution for the words “prescription of class D, FB or FC” of the words “prescription of Class D, H or I”.
Michael Heseltine
Secretary of State for the Environment
6th December 1990
David Hunt
Secretary of State for Wales
6th December 1990


type: legislation

jurisdiction: UK

text:
1
These Regulations may be cited as the Goods Vehicles (Plating and Testing) (Amendment) Regulations 1990 and shall come into force on 2nd April 1990.
2
The Goods Vehicles (Plating and Testing) Regulations 1988 rs) shall be further amended in accordance with the provisions of these Regulations.
3
In regulation 3(1)–
a
for
“the 1972 Act ” means the Road Traffic Act 1972
there shall be substituted
“the 1988 Act ” means the Road Traffic Act 1988
; and
b
in the definition of “vehicle testing station” for “section 45(9) of the 1972 Act” there shall be substituted “section 52(2) of the 1988 Act”.
4
In regulation 8–
a
in paragraph (1)–
i
in sub-paragraph (a) for “section 45(3) or (4) of the 1972 Act” there shall be substituted “section 50(2) or (4) of the 1988 Act”;
ii
in sub-paragraph (b) for “section 45(3) of the 1972 Act” there shall be substituted “section 50(2) of the 1988 Act”; and
iii
in sub-paragraph (c) for “section 45(4) of the 1972 Act” there shall be substituted “section 50(4) of the 1988 Act”; and
b
in paragraph (2)(h) for “section 45(8) of the 1972 Act” there shall be substituted “section 52(1) of the 1988 Act”.
5
In regulation 18(2) for “section 48(5) of the 1972 Act” there shall be substituted “section 59(4) of the 1988 Act”.
6
In regulation 40(1) for “section 45(3) or (4) of the 1972 Act” there shall be substituted “section 50(1) or (3) of the 1988 Act”.
7
In regulation 41(1) for “section 48(5) of the 1972 Act” there shall be substituted “section 59(4) of the 1988 Act”.
8
For the cross heading to regulation 44 there shall be substituted “Exemptions from section 53(1) and (2) of the 1988 Act”.
9
In regulation 44–
a
in regulation (1)–
i
for “section 46(1) and (2) of the 1972 Act” there shall be substituted “section 53(1) and (2) of the 1988 Act”;
ii
in sub-paragraph (e) for “section 42 of the 1972 Act” there shall be substituted “section 44 of the 1988 Act” and
iii
in sub-paragraph (f) for “a police constable” there shall be substituted “a constable”; and
b
in paragraph (2) for “section 46(1) and (2) of the 1972 Act” there shall be substituted “section 53(1) and (2) of the 1988 Act”.
10
For the cross heading to regulation 45 there shall be substituted “Exemption from section 63(2) of the 1988 Act”.
11
In regulation 45 for “section 51(2) of the 1972 Act” there shall be substituted “section 63(2) of the 1988 Act”.
12
In regulation 46–
a
in paragraph (1) for “section 46(1) or (2) of the 1972 Act” there shall be substituted “section 53(1) or (2) of the 1988 Act”; and
b
in paragraph (2)(d) for “section 46(1) or (2) of the 1972 Act” there shall be substituted “section 53(1) or (2) of the 1988 Act”.
13
In the regulations specified in column 1 of the Table for the amounts specified in column 2 of the Table there shall be substituted the amounts specified in column 3 of the Table.
TABLE
(1) Regulation (2) Existing amount Substituted amount
12(3) £26.50 £28.00 £14.50 £15.25 16(1) £13.50 £14.25 £7.75 £8.25 16(2) £26.50 £28.00 £14.50 £15.25 34 £11.00 £11.75 41(1) £7.75 £8.25
14
In Schedule 2 in paragraph 35 for “section 42(1) of the 1972 Act” there shall be substituted “section 44(1) of the 1988 Acr”.
15
In Schedule 3 in paragraph 3 for “(as defined in section 82 of the 1972 Act)” there shall be substituted “(as defined in section 85 of the 1988 Act)”.
Signed by authority of the Secretary of State for Transport
Robert Atkins
Parliamentary Under Secretary of State,
Department of Transport
5th March 1990


text:
Citation and commencement
1
These Regulations may be cited as the Non-Domestic Rating (Alteration of Lists and Appeals) (Amendment) (No. 3) Regulations 1990 and shall come into force for the purposes of regulation 3 on the day after the day on which they are laid before Parliament, and for all other purposes on 7th November 1990.
General
2
The Non-Domestic Rating (Alteration of Lists and Appeals) Regulations 1990 shall be amended in accordance with these Regulations.
Proposals treated as invalid
3
For regulation 11(2A) there shall be substituted —
2A
No proposal may be made under paragraph (2)(a) where —
a
the proposal in relation to which the notice under paragraph (1) was served was made after the expiry of any period applicable under regulation 9, or
b
the notice under paragraph (1) relates to a proposal made under paragraph (2)(a).
.
Alterations deemed to have been appealed against
4
1
In regulation 16(3), after the words “served on him” there shall be added “and before the appeal is finally decided”.
2
At the end of regulation 16 there shall be added —
4
Paragraph (3) does not apply where the alteration in question is effected solely for the purpose of correcting a clerical error or for reflecting any matter mentioned in regulation 8(3)(a) to (d), or consists solely of any matter mentioned in regulation 9(10)(a) or (b).
5
An appeal is finally decided for the purposes of paragraph (3) on the day on which —
a
the valuation and community charge tribunal has determined the appeal, and the period within which an appeal may be made to the Lands Tribunal under regulation 45 has expired without such an appeal being made, or
b
the Lands Tribunal has determined the appeal.
.
Inspection of tribunal records
5
In regulation 43(3) for the words from the beginning to “such a party” there shall be substituted the words “Any person”.
Chris Patten
Secretary of State for the Environment
15th October 1990
David Hunt
Secretary of State for Wales
11th October 1990


text:
1
This Order may be cited as the Stock Transfer (Substitution of Forms) Order 1990 and shall come into force on 31st January 1990.
2
Schedule 1 to the Stock Transfer Act 1963 (“ the Act ”) shall be amended by substituting for the form entitled “Talisman Sold Transfer” the form set out in the Schedule to this Order.
3
Section 1(3) of the Act shall apply in relation to the form for which the form set out in the Schedule to this Order is substituted as it applies to any form which was common or usual before the commencement of the Act with the modification that for the words “which was common or usual before the commencement of this Act” there shall be substituted the words “for which the form set out in the Schedule to the Stock Transfer (Substitution of Forms) Order 1990 is substituted”.
4
Section 1 of the Act shall have effect in relation to the form set out in the Schedule to this Order subject to the amendment that that form need not specify
a
particulars of the consideration;
b
the address of the transferee.
Stephen Dorrell
Kenneth Carlisle
Two of the Lords Commissioners of Her Majesty’s Treasury.
8th January 1990


text:
Citation and commencement
1
These Regulations may be cited as the National Health Service Trusts (Membership and Procedure) Amendment Regulations 1990 and shall come into force on 22nd November 1990.
Amendment of Regulations
2
In regulation 11(4) of the National Health Service Trusts (Membership and Procedure) Regulations 1990 for the words “with the trust” there shall be substituted the words “with a health service body”.
K. Clarke
Secretary of State for Health
31st October 1990


text:
Citation and commencement
1
1
This Order may be cited as the Hampshire (District Boundaries) Order 1990.
2
This Order shall come into force on 15th March 1990 for any purpose set out in regulation 4(1) (coming into operation of order) of the Local Government Area Changes Regulations 1976 .
3
For all other purposes this Order shall come into force on 1st April 1990.
Interpretation
2
In this Order–
“the boundary map” means the map prepared by the Department of the Environment, marked “Map of the Hampshire (District Boundaries) Order 1990” and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976,
“county electoral division” means an electoral division of the county of Hampshire.
Transfers between the borough of Rushmoor and the district of Hart
3
1
That part of the unparished area of the borough of Rushmoor shown marked C1 on the boundary map shall be transferred to:
a
the district of Hart and
b
the Hawley ward of that district and
c
the parish of Hawley and
d
the Hawley and Church Crookham county electoral division.
2
Those parts of the district of Hart and the parish of Hawley shown marked B1A, B1B, B2A, B2B, B2C, and B3 on the boundary map shall cease to form part of any parish and shall be transferred to the borough of Rushmoor and to the borough wards named below as follows:
a
the areas shown marked B1A and B2A to Fernhill ward,
b
the area shown marked B1B to Mayfield ward,
c
the area shown marked B2B to St Johns ward,
d
the area shown marked B2C to Cove ward,
e
the area shown marked B3 to Queens ward.
Consequential changes to electoral areas
4
1
The areas shown marked BW1, BW2, BW3, BW4, BW5 and BW6 on the boundary map shall be transferred between wards of the borough of Rushmoor as follows:
a
the area shown marked BW1 from Fernhill ward to Mayfield ward,
b
the area shown marked BW2 from Fernhill ward to Grange ward,
c
the area shown marked BW3 from St Johns ward to Westheath ward,
d
the area shown marked BW4 from Cove ward to Empress ward,
e
the area shown marked BW5 from Cove ward to Queens ward,
f
the area shown marked BW6 from Knellwood ward to Queens ward.
2
The county electoral divisions within the borough of Rushmoor shall comprise the following wards of that borough as varied by this Order:
Aldershot North Electoral Division: Alexandra ward, Queens ward and Belle Vue ward,
Aldershot South Electoral Division: Heron Wood ward, Manor ward and Newport ward,
Farnborough North Electoral Division: Grange ward, Mayfield ward and Westheath ward,
Farnborough South Electoral Division: Empress ward, Knellwood ward, and St Marks ward,
Farnborough West Electoral Division: Cove ward, Fernhill ward, and St Johns ward.
Town and Country Planning
5
Any provisions of a local plan made by Hart District Council or Rushmoor Borough Council which apply immediately before 1st April 1990 to an area transferred by this Order shall continue to have effect in relation to that area as if they were part of such a plan made by the authority to which the area is transferred.
Signed by authority of the Secretary of State for the Environment
David Heathcote-Amory
Parliamentary Under Secretary of State,
Department of the Environment
13th February 1990


text:
Title and commencement
1
This Order may be cited as the Export of Sheep (Prohibition) (No. 2) Amendment No. 3 Order 1990 and shall come into force on 1st October 1990.
Amendment of the Export of Sheep (Prohibition) (No. 2) Order 1987
2
The Export of Sheep (Prohibition) (No. 2) Order 1987 is hereby amended by substituting for article 2(4)(b) the following sub-paragraph —
b
any sheep which was marked, as a condition of the granting of a consent under section 2(1) of that Act to its removal from a designated area —
i
with an apricot mark, in the case of a consent given on or before 29th July 1990; or
ii
with a green mark, in the case of a consent given on or before 1st October 1989; or
iii
with a blue mark, in the case of a consent given on or before 14th January 1990.
.
Revocation
3
The Export of Sheep (Prohibition) (No. 2) Amendment No. 2 Order 1990 is revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 22nd September 1990.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food


text:
1
These Regulations may be cited as the Police (Amendment No. 4) Regulations 1990.
2
These Regulations shall come into force on 1st February 1991 and shall have effect for the purposes of regulation 3(3) and (4) as from 1st September 1990.
3
1
The Police Regulations 1987 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 38 (temporary salary) there shall be inserted after paragraph (3) the following paragraph —
3A
Where a member of a police force —
a
on his last scheduled working day in any year is required to perform duties normally performed by a member of the force of a higher rank than his own, and
b
is paid in respect of that day temporary salary under paragraph (3), and
c
on his first scheduled working day of the next following year continues for the complete day to perform such duties,
he shall be paid, in respect of the day mentioned in sub-paragraph (c) and any following complete day which together therewith forms a continuous period when he is required to perform such duties, as if that day or days had formed part of the year mentioned in sub-paragraph (a):
Provided that the said day or days shall be disregarded for the purposes of the application of paragraph (3) to that member in the year mentioned in sub-paragraph (c).
.
3
In Schedule 5 (scales of pay) for tables A and B there shall be substituted respectively the tables set out in the Appendix to these Regulations.
4
In paragraph 1 of Schedule 11 (dog handler’s allowance) for the words “£723” in sub-paragraph (a) there shall be substituted the words “£792” and for the words “£987” in sub-paragraph (b) there shall be substituted the words “£1,083”.
Kenneth Baker
One of Her Majesty’s Principal Secretaries of State
Home Office
20th December 1990


text:
Title and commencement
1
This Order may be cited as the Home-Grown Cereals Authority (Rate of Levy) Order 1990 and shall come into force on 1st July 1990.
Interpretation
2
In this Order, unless the context otherwise requires, expressions have the same meaning as they have in the Schemes.
Rates of levy
3
1
Subject to paragraph (3) below, for the relevant year the rates of levy per tonne of cereals delivered, which appear to the Ministers to be sufficient (but not more than sufficient) to meet the amount apportioned to each kind of cereal, shall in each case be —
a
31.05 pence in respect of dealer levy,
b
24.15 pence in respect of grower levy, and
c
8.05 pence in respect of processor levy.
2
For the relevant year the rate of levy per tonne of oilseeds delivered, which appears to the Ministers to be sufficient (but not more than sufficient) to meet the amount apportioned to each kind of oilseed, shall in each case be 575 pence.
3
The rates of levy specified in paragraph (1) above shall not apply to any quantity of cereals to the extent that the rates of levy specified in article 3 of the Home-Grown Cereals Authority (Rate of Levy) Order 1989 are payable to the Authority in respect of that quantity.
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
18th May 1990.
Sanderson of Bowden
Minister of State, Scottish Office
21st May 1990
Peter Brooke
Secretary of State for Northern Ireland
29th May 1990
David Hunt
Secretary of State for Wales
22nd May 1990


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Industrial Training (Construction Board) Order 1964 (Amendment) Order 1990 and shall come into force on 19th October 1990.
2
In this Order —
a
“ the Act ” means the Industrial Training Act 1982;
b
“ the Board ” means the Construction Industry Training Board;
c
“the principal Order ” means the Industrial Training (Construction Board) Order 1964 .
Activities of the Board
2
The activities in relation to which the Board exercises the functions conferred by the Act upon industrial training boards shall, in lieu of the activities specified in Schedule 1 to the principal Order, be the activities specified in Schedule 1 to this Order, and accordingly in the principal Order the latter Schedule shall be substituted for the former Schedule.
Transitional Provisions
3
1
The Chairman and other members of the Board on the day upon which this Order comes into force shall continue to be members of the Board and to hold and vacate their offices in accordance with the terms of the instruments appointing them to be members.
2
The provisions of this Order shall not —
a
extend the operation of a levy order;
b
affect the operation of a levy order in relation to the assessment of an employer within the meaning of that order in respect of an establishment that was engaged in the relevant levy period in the construction industry as defined in that order;
c
affect the operation of any assessment notice served by the Board under the provisions of a levy order before the day upon which this Order comes into force or any appeal or other proceedings arising out of any such notice.
3
In paragraph (2) of this article, the expression “levy order” means any one of the levy orders set out in Schedule 2 to this Order.
Revocation
4
The Industrial Training (Construction Board) Order 1980 and the Industrial Training (Construction Board) Order 1964 (Amendment) Order 1982 are hereby revoked.
Signed by order of the Secretary of State.
Robert Jackson
Parliamentary Under Secretary of State,
Department of Employment
13th September 1990


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Lifecare 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 Lifecare 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 Lifecare 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 St. Lawrence’s Hospital, Coulsdon Road, Caterham, Surrey CR3 5YA and associated hospitals;
b
to manage community health services provided from the St. Lawrence’s Hospital, Coulsdon Road, Caterham, Surrey CR3 5YA 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 Croydon 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 Croydon 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 Croydon 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
4th December 1990


text:
Citation
1
This Order may be cited as the Folkestone, Mid-Sussex and West Kent (Pipelaying and Other Works) (Codes of Practice) Order 1990.
Codes of Practice
2
The Codes of Practice prepared by the Companies and certified as such by the Secretary of State are hereby approved.
Signed by authority of the Secretary of State for the Environment
Dinah Nichols
An Under Secretary in the
Department of the Environment
5th December 1990


text:
1
These Regulations may be cited as the Dartford — Thurrock Crossing (Amendment) Regulations 1990 and shall come into force on 1st September 1990.
2
The Dartford — Thurrock Crossing Regulations 1989 shall be amended in accordance with the provisions of these Regulations.
3
In regulation 1 (citation, commencement and interpretation) there shall be inserted, after paragraph (2)(b), the following sub-paragraph —
bb
“large break-down vehicle” means a break-down vehicle with an unladen weight in excess of 4,000 kg ;
4
In regulation 5(1), for the table there set out, there shall be substituted the following table —
Time of Commencement of Passage Charge
Overall width Greater than 2.75 metres but less than or equal to 6.1 metres Passage commencing after 06.00 hours and before 22.00 hours £30 Greater than 2.75 metres but less than or equal to 6.1 metres Passage commencing on or after 22.00 hours and on or before 06.00 hours £15 Greater than 6.1 metres At any time £137 Overall length Greater than 18.3 metres but less than or equal to 27.4 metres Passage commencing after 06.00 hours and before 22.00 hours £30 Greater than 18.3 metres but less than or equal to 27.4 metres Passage commencing on or after 22.00 hours and on or before 06.00 hours £15 Greater than 27.4 metres At any time £137
5
In regulation 12(1), for the table there set out, there shall be substituted the following table —
(1) (2) Minimum Charge Additional Charge
Motor cycles and combinations £7 £3 Vehicles with two axles — if a tow is given by a large break-down vehicle £42 £14 in any other case £24 £8 Vehicles with more than two axles £84 £28
Signed by authority of the Secretary of State for Transport.
Roger Freeman
Minister of State,
Department of Transport
1st August 1990


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Education (Reorganisation in Inner London) (Redundancy Payments)(Amendment) Order 1990 and shall come into force on 31st August 1990.
2
In this Order the “ principal Order ” means the Redundancy Payments (Local Government) (Modification) Order 1983 .
Amendments to the principal Order
2
The principal Order shall be amended in accordance with the following provisions of this Order.
3
In article 1(2)(a) after the fifth reference to “the 1978 Act” there shall be inserted the following words —
or, in relation to any person to whom this Order applies by reason of an amendment contained in the Education (Reorganisation in Inner London) (Redundancy Payments) (Amendment) Order 1990, any event occurring on or after the coming into force of that Order on the happening of which an employee may become entitled to a redundancy payment in accordance with the provisions of the 1978 Act
.
4
In article 4(3) for the words “paragraph (4) (5) (6) and (7)” there shall be substituted the words “paragraphs (4), (5), (6), (7) and (8)”.
5
After article 4(7) there shall be added the following paragraph —
8
Where a period of employment of a person to whom this Order applies by reason of an amendment contained in the Education (Reorganisation in Inner London) (Redundancy Payments) (Amendment) Order 1990 falls to be computed in accordance with the provisions of the 1978 Act as modified by this Order, the provisions of this Order shall have effect in relation to any period whether falling wholly or partly before or after the coming into force of that Order.
.
6
In Schedule 1 after entry 85 there shall be added —
86
The City Literary Institute.
.
John MacGregor
Secretary of State for Education and Science
16th July 1990


text:
Citation and commencement
1
These Regulations may be cited as the Non-Domestic Rating (Caravan Sites) Regulations 1990 and shall come into force on 1st April 1990.
Interpretation
2
In these Regulations —
a
“caravan” has the same meaning as it has for the purposes of Part I of the Caravan Sites and Control of Development Act 1960 (“the 1960 Act ”);
b
“caravan site” means any land in respect of which a site licence is required under Part I of that Act, or would be so required but for paragraphs 4, 11 and 11A of Schedule 1 to that Act (exemption of certain land);
c
a caravan pitch is a “pitch for a leisure caravan” if in accordance with any licence or planning permission regulating the use of the caravan site a caravan stationed on the pitch is not allowed to be used for human habitation throughout the year;
d
“relevant site” means a caravan site which —
i
includes some property which is not domestic, and
ii
has an area of 400 square yards or more; and
e
“site operator” means the person who is for the purposes of Part I of the 1960 Act the occupier of the caravan site.
Treatment of pitches etc. as one hereditament
3
1
Where pitches for leisure caravans on a relevant site constitute separate hereditaments by virtue of their being occupied by persons other than the site operator, those pitches shall, subject to paragraph (2), together with so much of the site as constitutes a hereditament in the occupation of that site operator, be treated as one hereditament and as occupied by that site operator.
2
Paragraph (1) does not apply to any pitch which is occupied by a charity or trustees for a charity, and which is wholly or mainly used for charitable purposes (whether of that charity or of that and other charities).
3
For the purposes of this regulation a caravan pitch, and any area comprising it, shall be taken as including the caravan for the time being on the pitch if apart from this regulation the caravan would be included as part of a rateable hereditament.
Supplementary
4
1
Where on the compilation of a local rating list or by virtue of the alteration of such a list there is included in the list a hereditament which falls to be treated as such solely by virtue of regulation 3, the valuation officer shall within one month of that compilation or, as the case may be, alteration, inform the site operator in writing that the hereditament is so included, and shall also state in writing —
a
how many caravans occupied by persons other than the site operator are included in that hereditament, and
b
how much (if any) of the rateable value of the hereditament is attributable to those caravans, together with their pitches.
2
Where it appears to a valuation officer that information given under paragraph (1) in relation to a hereditament is no longer accurate, but no alteration of the local rating list is required, he shall forthwith inform the site operator of that fact, and shall supply to him a further statement of the matters mentioned in paragraph (1)(a) and (b).
3
Any person occupying a pitch for a leisure caravan on a relevant site may after giving reasonable notice to the valuation officer at any reasonable time and without payment inspect a copy of any statement supplied to the operator of that site under this regulation.
Chris Patten
Secretary of State for the Environment
19th March 1990
Peter Walker
Secretary of State for Wales
19th March 1990


text:
This Order may be cited as the Devon and Cornwall Police (Amalgamation) (Amendment) Order 1990.
David Waddington
One of Her Majesty’s Principal Secretaries of State
Home Office
26th March 1990


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Community Charges and Non-Domestic Rating (Demand Notices) (England) (Amendment) Regulations 1990 and shall come into force on 2nd March 1990.
2
In these Regulations “the principal Regulations ” means the Community Charges and Non-Domestic Rating (Demand Notices) (England) Regulations 1990 .
Amendments of principal Regulations
2
1
After regulation 4(2) of the principal Regulations there is inserted–
2A
Where the amounts which are mentioned in paragraph 16(c) or 17(c) of Part II of Schedule 1 as regards a precepting authority and a precept and which the authority proposes to apply to defray special expenses relate only to part of, or differ for different parts of, the area of the charging authority concerned, the precepting authority shall provide the information required by paragraph (2)(c) or (d) (as the case may be) separately by reference to each part of the area of the charging authority for which the sums there referred to would differ.
2
In paragraph 9 of Part II of Schedule 1 to the principal Regulations, for the words “after addition of any amount” there are substituted the words “after deduction of any amount”.
3
In paragraph 17(c) and (d) of that Part, the word “last” is omitted.
4
Paragraph 2(5) of Part III of Schedule 1 to the principal Regulations is amended by substituting for the word “standing” the word “standard”.
5
Paragraph 6 of that Part is amended–
a
by inserting after the words “the relevant population” where they first occur the words “of its area or”;
b
by substituting for the words “paragraph 16(c) or 17(c)” in both places where they occur the words “paragraph 16(c) or (d) or 17(c) or (d)”; and
c
by inserting after the words “relevant population of the” the words “area or”.
6
In paragraph 10 of Part III of Schedule 3 to the principal Regulations, for the words “in this Part” there are substituted the words “in this Schedule”.
Transitional provision
3
1
Subject to paragraph (2), where a precept has been issued before the day on which these Regulations come into force (“the relevant day”), the information which would have been supplied to a charging authority pursuant to the amendments made by regulation 2(1) or (5) if these Regulations were then in force shall be supplied within 7 days of the relevant day.
2
Information need not be supplied under paragraph (1) on or after the relevant day if it was supplied voluntarily before that day.
Chris Patten
Secretary of State for the Environment
27th February 1990


text:
1
These Regulations may be cited as the Police (Amendment No.2) Regulations 1990.
2
These Regulations shall come into force on 1st July 1990 and shall have effect for the purposes of regulations 4, 5, 6, 7, 8 and 9 as from 1st April 1990.
3
In these Regulations “the principal Regulations ” means the Police Regulations 1987 .
4
In regulation 49B of the principal Regulations, there shall be inserted after paragraph (8) the following paragraph:
8A
In determining–
a
for the purposes of paragraph (1), (2), (3) or (5), the annual rate of rent allowance, or supplementary rent allowance under regulation 50(3)(b), payable to a member on 31st March 1990,
b
for the purposes of paragraph (6) (including that paragraph as applied by regulation 49C), the maximum limit for the purposes of rent allowance fixed on 31st March 1990 for members of a member’s new force, or the flat-rate rent allowance then payable to such members, or
c
for the purposes of paragraph (8), or of paragraph (2), (3) or (5) as applied by regulation 49C, or of paragraph (1) or (2) of regulation 49C, the annual rate of rent allowance (or of supplementary rent allowance under regulation 50(3)(b) which would have been payable to a member on 31st March 1990,
(but for no other purposes of these Regulations) the rate of rent allowance payable, or which would have been payable, on that date or the maximum limit fixed at that time, as the case may be, shall, in relation to a force whose maximum limit for the purposes of rent allowance would have fallen to be re-fixed by the police authority on a date during 1990, be deemed to be increased by the same percentage as that by which the housing allowances in relation to that force were increased on 1st April 1990 in accordance with regulation 49A.
.
5
1
Regulation 49A of the principal Regulations shall be amended by:
a
inserting after the words “maximum limit” in both places where they occur the words “for the purposes of”, and
b
substituting for the words “rent allowance or” the words “maximum limit for the purposes of rent allowance or the”.
2
Regulation 49B(6) of the principal Regulations shall be amended by inserting after the words “maximum limit” the words “for the purposes of”.
6
Regulation 49B(4)(b) of the principal Regulations shall be amended by substituting for the words “flat-rate” the words “half-rate”.
7
Regulation 49C(2)(b) of the principal Regulations shall be amended by substituting for the words “then be entitled under regulation 49, 40 or 51” the words “be entitled under regulation 49, 50 or 51 at the time when regulation 49B(1) first applied to him by virtue of paragraph (1) of this regulation”.
8
Regulation 49D(2) of the principal Regulations shall be amended by–
a
inserting in sub-paragraph (b), after the word “payable” in the first place where it occurs, the words “in respect of any period”, and
b
substituting for the words “no compensatory grant shall be payable to a member” in sub-paragraph (c) the words “a member shall cease to be eligible for compensatory grant immediately”.
9
Regulation 52A(3) of the principal Regulations shall be amended by substituting for the words “A provided accommodation allowance shall cease to be payable to a member” the words “A member shall cease to be eligible for the payment of a provided accommodation allowance”.
David Waddington
One of Her Majesty’s Principal Secretaries of State
Home Office
24th May 1990


text:
1
These Regulations may be cited as the Highways (Road Humps) (Amendment) Regulations 1990, and shall come into force on 22nd August 1990.
2
The Highways (Road Humps) Regulations 1990 are hereby amended so that —
a
in regulation 4, in paragraph (3), for sub-paragraph (b) there is substituted the following sub-paragraph —
b
in respect of the hump, or where there is a series of humps, the first hump in the series, at least one of the requirements specified in paragraph (4) below is satisfied.
; and
b
in regulation 5(2) and (4) for the word “drawing” there is substituted the word “diagram”.
Cecil Parkinson
Secretary of State for Transport
19th July 1990
David Hunt
Secretary of State for Wales
20th July 1990


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Industrial Injuries) (Prescribed Diseases) Amendment Regulations 1990 and shall come into force on 13th December 1990.
Amendment of the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985
2
1
The Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 1(2) (citation, commencement and interpretation) after the definition “medical board” there shall be inserted the following definition:
“metal” for the purposes of the disease number A10 in Part I of Schedule 1 to these Regulations, does not include stone, concrete, aggregate or similar substances for use in road or railway construction;
.
3
In regulation 15B(3) (rounding) for the words “Where a reassessment” there shall be substituted the words “Where an assessment or a reassessment”.
Signed by authority of the Secretary of State for Social Security
Nicholas Scott
Minister of State,
Department of Social Security
15thNovember 1990


text:
1
This Order may be cited as the River Hull (Navigation) Rules (Amendment) Order 1990 and shall come into force on 16th March 1990.
2
Rule 18 of the Schedule to the River Hull (Navigation) Rules Order 1957 is hereby further amended as follows:
In Rule 18 for the words “the Merchant Shipping (Distress Signals and Prevention of Collisions) Regulations 1983” there shall be substituted the words: “the Merchant Shipping (Distress Signals and Prevention of Collisions) Regulations 1989” and for the words “the Collision Rules (Seaplanes) Order 1983” there shall be substituted “the Collision Regulations (Seaplanes) Order 1989” .
3
The River Hull (Navigation) Rules (Amendment No. 2) Order 1983 is hereby revoked.
G. I. de Deney
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Contributions) Amendment Regulations 1990 and shall come into force on 6th April 1990.
2
In these Regulations, “the principal Regulations ” means the Social Security (Contributions) Regulations 1979 .
Amendment to Regulations
2
1
The principal Regulations shall be further amended in accordance with the following provisions of this regulation.
2
In regulation 7 (lower and upper earnings limits for Class 1 contributions)–
a
for the date of “6th April 1989” there shall be substituted the date of “6th April 1990”, and
b
for the sums of “£43” and “£325” there shall be substituted respectively the sums of “£46” and “£350”.
3
In sub-paragraph (a) of regulation 115(1) (reduction of rate of Class 1 contributions payable in respect of earnings of serving members of the forces) for “0.65” in each place where it appears there shall be substituted “0.7”.
4
In sub-paragraph (b) of regulation 123D (special provisions as to volunteer development workers) for the words “10 per cent” to the end there shall be substituted the words “7 per cent of the lower earnings limit of the tax year in which falls the week in respect of which the contribution is paid”.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
8th March 1990
T. Stackville
John M. Taylor
Two of the Lords Commissioners of Her Majesty’s Treasury
13th March 1990


text:
Title and commencement
1
1
These Regulations may be cited as the Welfare of Livestock Regulations 1990 and, except for regulations 3(c) and 4, shall come into force on 1st January 1991.
2
Regulations 3(c) and 4 shall come into force on 1st January 1992.
Interpretation
2
In these Regulations–
“ the Act ” means the Agriculture (Miscellaneous Provisions) Act 1968;
“electro-immobilisation”, in relation to any livestock, means the passing of an electric current through the body of an animal for the purpose of immobilising it;
“housed”, in relation to any livestock, means kept in a building;
“veterinary surgeon” means a person registered in the register of veterinary surgeons or in the supplementary veterinary register;
“welfare code” means a code containing recommendations with respect to the welfare of livestock for the time being situated on agricultural land prepared and issued by the Ministers under section 3 of the Act, and references in these Regulations to a welfare code are references to that code as it has effect for the time being.
Requirements for the welfare of livestock
3
It shall be the duty of any person who keeps any livestock on agricultural land, or who knowingly causes or permits any livestock to be so kept, to ensure that–
a
any person attending, or for the time being in charge of, the livestock (whether or not that person is the keeper) has access to a copy of any welfare code relating to the livestock;
b
any person attending, or for the time being in charge of, the livestock (whether or not that person is the keeper) is, or is made, aware of the provisions of any welfare code relating to the livestock;
c
any person who attends, or is for the time being in charge of, the livestock on behalf of the keeper has received instruction and guidance with regard to any welfare code relating to the livestock;
d
where the livestock are housed adequate lighting (whether fixed or portable) is available to enable them to be thoroughly inspected at any time;
e
the interior of any building (including the floor) to which the livestock have access is constructed and maintained so that there are no sharp edges or protrusions likely to cause injury or distress to the livestock;
f
no inadequately constructed or insecure fittings are used for restraining the livestock;
g
the livestock are fed a wholesome diet which is appropriate to their species and which is fed to them in sufficient quantity to maintain them in good health and to satisfy their nutritional needs;
h
the livestock are provided with an adequate supply of fresh drinking water each day and have access to food each day, except where a veterinary surgeon acting in the exercise of his profession otherwise directs;
i
where any of the livestock, other than poultry, are housed–
i
they are kept on, or have access at all times to, a lying area which is well-drained or well maintained with dry bedding, and
ii
suitable accommodation is available so as to enable any sick or injured livestock to be separated from other livestock and, when such accommoda tion is used by any sick or injured livestock, it has a suitably bedded floor;
j
where any poultry (except laying hens kept in battery cages to which the Welfare of Battery Hens Regulations 1987 apply) are housed, they are kept on, or have access at all times to, well maintained litter or to a well-drained area for resting;
k
where any lactating dairy cows or any cows which are calving are kept in any roofed accommodation they have access at all times to a well-drained and bedded lying area;
l
i
where any cows which are calving are housed, they are kept separate from any other livestock in a pen or a yard which is of such a size as to permit a person to attend the cows;
ii
notwithstanding the provisions of sub-paragraph (l)(i) above cows which are calving may be housed with other cows which are calving;
m
any calf which is more than 14 days old has access each day to dry food containing sufficient digestible fibre so as not to impair the development of its rumen, except that this requirement shall not apply in the case of a single calf kept in a pen or a stall to which the Welfare of Calves Regulations 1987 apply;
n
any hutches or cages in which any rabbits are kept are–
i
of sufficient size to allow the rabbits to move around and to feed and drink without difficulty and to enable all the rabbits kept in them to lie on their sides at the same time, and
ii
of sufficient height to allow the rabbits to sit upright on all four feet without their ears touching the top of the hutch or cage;
o
where any rabbits are kept in any accommodation which is exposed to the weather, suitable steps are taken so as to ensure that the rabbits have access to shelter from the action of the weather (including direct sunlight);
p
no procedure involving electro-immobilisation is carried out on any livestock unless that procedure is duly authorised under the Animals (Scientific Procedures) Act 1986 .
Amendment of intensive units regulations
4
In the Welfare of Livestock (Intensive Units) Regulations 1978 , after paragraph (5) of regulation 2 there shall be inserted the following paragraph–
6
a
Where the automatic equipment of an intensive unit includes a ventilation system, that system shall contain–
i
an alarm which will give adequate warning of the failure of that system to function properly (which alarm will operate even if the principal electricity supply to it has failed); and
ii
additional equipment (whether automatic or not) which, in the event of such a failure of the ventilation system, will provide adequate ventilation so as to protect the livestock in the unit from suffering unnecessary pain or unnecessary distress as a result of the failure.
b
The alarm mentioned in sub-paragraph (a)(i) above shall be tested and the additional equipment mentioned in sub-paragraph (a)(ii) above shall be thoroughly inspected, in each case, by a stock keeper or other competent person not less than once every seven days in order to check that there is no defect in it and, if any defect is found in such alarm or equipment (whether or not on it being tested or inspected in accordance with this paragraph) it shall be rectified forthwith.
.
Offences
5
A person who contravenes or fails to comply with any provision of these Regulations shall be guilty of an offence under section 2 of the Act.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 16th July 1990.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
16th July 1990
David Hunt
Secretary of State for Wales
16th July 1990


text:
1
These Regulations may be cited as the Legal Advice and Assistance at Police Stations (Remuneration) (Amendment) Regulations 1990 and shall come into force on1st April 1990.
2
For sub-paragraph (1) of paragraph 1 of the Schedule to the Legal Advice and Assistance at Police Stations (Remuneration) Regulations 1989 there shall be substituted, in respect of work done on or after 1st April 1990, the following sub-paragraph: —
1
1
The Board shall, subject to paragraph 2 in the case of item (a), allow fees for work allowed by it under regulation 5 at the following rates: Class of work Rate
a
availability during duty period £3.15 per hour served, to a maximum of £75.60 (£3.20 per hour served to a maximum of £76.80 in respect of a solicitor whose office is situated within legal aid area 1, 13 or 14)
b
advice and assistance to a person arrested and held in custody, or being interviewed in connection with a serious service offence or to a volunteer, given
i
by a duty solicitor in unsocial hours £52.25 per hour
ii
by a duty solicitor in all other hours £39.25 per hour (£41.75 per hour in respect of a solicitor whose office is situated within legal aid area 1, 13 or 14)
iii
by an own solicitor £39.25 per hour (£41.75 per hour (£41.75 per hour in respect of a solicitor whose office is situated within legal aid area 1, 13 or 14)
c
travelling and waiting
i
by a duty solicitor in unsocial hours£52.25 per hour
ii
by a duty solicitor in all £39.25 per hour (£41.75 per hour other hoursin respect of a solicitor whose office is situated within legal aid area 1, 13 or 14)
iii
by an own solicitor£22 per hour
d
advising and assisting over the £17.75 per item (£18.25 per telephoneitem in respect of a solicitor whose office is situated within legal aid area 1, 13 or 14)
e
routine telephone calls£1.90 per item (£2 per item in respect of a solicitor whose office is situated within legal aid area 1, 13 or 14)
Mackay of Clashfern, C.
Dated 28th February 1990
We consent,
John Taylor
Stephen Dorrell
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 5th March 1990


text:
Citation and commencement
1
These Regulations may be cited as the Trade Effluents (Prescribed Processes and Substances) (Amendment) Regulations 1990 and shall come into force on 31st August 1990.
Amendment of Regulations
2
1
The Trade Effluents (Prescribed Processes and Substances) Regulations 1989 shall be amended as follows —
2
In regulation 5(1), at the end insert “or to vary any agreement having effect as if entered into by the undertaker under section 7 of that Act (agreements for the reception and disposal of trade effluent)”.
3
In regulation 5(2), after “the consent” in both places insert “or agreement” and at the end insert “or deriving from a process of a description mentioned in Schedule 2 to these Regulations where either asbestos or chloroform would be present in the effluent in a concentration greater than the background concentration”.
4
In regulation 5(4)(b), for “unless” substitute “or agreement before” and for “paragraph 3(2)(c)” substitute “paragraph 3”.
5
In Schedule 1, after “Pentachlorophenol” insert “and its compounds”.
6
In Schedule 2 —
a
omit “Any industrial process in which cooling waters or effluents are chlorinated”; and
b
at the end, add “Any industrial process involving the use in any 12 month period of more than 100 kilograms of the product resulting from the crushing of asbestos ore”.
Chris Patten
Secretary of State for the Environment
31st July 1990
David Hunt
Secretary of State for Wales
6th August 1990


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Weston Area 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 Weston Area 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 Weston Area 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 Weston General Hospital, Grange Road, Uphill, Weston-super-Mare BS23 4TQ and associated hospitals;
b
to manage community health services provided from the Weston General Hospital, Grange Road, Uphill, Weston-super-Mare BS23 4TQ 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 Bristol and Weston 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 Bristol and Weston 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 Bristol and Weston 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 and commencement
1
1
This Act of Sederunt may be cited as the Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment) 1990 and shall come into force on 23rd April 1990.
2
This Act of Sederunt shall be inserted in the Books of Sederunt.
Amendment of solicitor’s fees
2
1
In the Table of Fees in the Schedule to the Act of Sederunt (Fees of Solicitors in the Sheriff Court) 1989 , in Chapters I, II , III , IV and VI , for the fees specified in column 2 of the Schedule to this Act of Sederunt in relation to the paragraphs specified in column 1 of that Schedule there shall be substituted the fees specified in column 3 of that Schedule; and the fees so substituted shall be payable in respect of work done on or after the date on which this Act of Sederunt comes into force.
2
The fees specified in the Table of Fees in the Act of Sederunt (Fees of Solicitors in the Sheriff Court) 1989 which are specified in column 2 of the Schedule to this Act of Sederunt in relation to the paragraphs specified in column 1 of that Schedule shall continue to have effect in respect of work done before the coming into force of this Act of Sederunt.
J.A.D. Hope
Lord President, I.P.D.
Edinburgh
22nd March 1990


text:
PART I
Title, Commencement and Interpretation
Title and commencement
1
This Order may be cited as the Sheep Scab (National Dip) Order 1990 and shall come into force on 1st September 1990.
Interpretation
2
1
In this Order, unless the context otherwise requires —
“ the Act ” means the Animal Health Act 1981;
“approved holding premises” means premises approved under article 7 for the temporary holding of slaughter sheep;
“approved premises” has the meaning given to it by article 2(1) of the Export of Animals (Protection) Order 1981 ;
“approved sheep dip” means a sheep dip for which there is a current product licence permitting its sale or supply for use against sheep scab;
“approved substances” means those substances (other than water) specified for mixing with an approved sheep dip in the product licence relating to that dip;
“dipping” means thoroughly immersing the whole sheep (including the head and ears) in a dipping bath, and keeping the sheep (excluding the head and ears) in the dipping bath for not less than one minute, and
“dipped” shall be construed accordingly;
“dipping bath” means a bath prepared by diluting an approved sheep dip with clean water and any other approved substances in the proportions specified for that dip in the product licence relating to it (without the addition of any other sheep dip or substance) and thereafter maintained in the manner specified in the licence;
“dipped sheep” means sheep, other than slaughter sheep, which have been dipped in accordance with the provisions of this Order and
“undipped sheep” shall be construed accordingly;
“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 an officer of the Ministry, includes a veterinary inspector;
“market” includes a fairground, sale-yard and any other place where sheep are commonly exposed for sale;
“the Minister” and
“the Ministry” mean respectively the Minister and the Ministry of Agriculture, Fisheries and Food;
“product licence” means a product licence granted under the Medicines Act 1968 ;
“relevant period” means the period of six weeks commencing on the 23rd day of September in any year;
“sheep” includes lambs;
“sheep scab” means an infestation of sheep with psoroptic or sarcoptic mites;
“slaughterhouse” means —
in relation to England and Wales, a slaughterhouse or knacker’s yard, as defined in section 34 of the Slaughterhouses Act 1974 and
in relation to Scotland, a slaughterhouse as defined in section 22 of the Slaughter of Animals (Scotland) Act 1980 ;
“slaughter sheep” means sheep intended for sale for immediate slaughter or for export;
“slaughter sheep market” means a market or a separate and distinct part of a market where, for the time being, only slaughter sheep are sold;
“veterinary inspector” means a veterinary inspector appointed by the Minister.
2
Any reference in this Order —
a
to a numbered article, is a reference to the article bearing that number in this Order, and
b
to a lettered Form, is a reference to the Form bearing that letter in the Schedule to this Order.
PART II
Provisions Relating to National Dipping and Movement Restrictions
Requirements relating to dipping of sheep
3
1
Subject to paragraph (3) below, all sheep shall be dipped during the relevant period by the owner or person in charge of them, except that where any sheep have been so dipped and the ownership of them subsequently transferred to another person the sheep shall not be required to be dipped again during the same relevant period by the new owner or person in charge of them.
2
The owner or person in charge of any sheep which have been dipped in accordance with paragraph (1) above shall keep them separate from undipped sheep during the relevant period.
3
The provisions of this article shall not apply —
a
to sheep which are slaughtered or exported during the relevant period or exported as soon as practicable following detention at an approved holding premises in accordance with the provisions of paragraph (7) of article 6, or
b
to sheep in respect of which a veterinary inspector has issued a certificate of exemption under paragraph (4) below.
4
a
A veterinary inspector may at the request of the owner or the person in charge of any sheep issue a certificate of exemption in respect of the sheep if he is satisfied that it is impracticable or inexpedient to dip them.
b
A certificate issued under sub-paragraph (a) above may be issued subject to such conditions as the veterinary inspector issuing it considers necessary for the purpose of preventing the spreading of sheep scab.
Declaration of dipping
4
The owner or person in charge of any sheep shall, not later than the 8th day after the termination of the relevant period, either personally or by his duly authorised agent, make and furnish to the local authority a declaration in Form R.
Restrictions relating to movement of sheep other than to or from a market, exhibition or show
5
1
Subject to paragraph (2) below, no person shall move any sheep during the relevant period from any premises to any other premises.
2
The prohibition in paragraph (1) above shall not apply to any sheep which are moved —
a
from any premises to any other premises within a radius of not more than 50 km for the purpose of being dipped thereon;
b
after being moved in accordance with the provisions of sub-paragraph (a) above, back to the premises from which they had been moved;
c
after being dipped, from any premises to any other premises where they are accompanied by a declaration in Form S made by the owner or his duly authorised agent;
d
from any premises direct to approved holding premises, approved premises or a slaughterhouse where they are accompanied by a declaration in Form U made by the owner or his duly authorised agent, and
e
from any premises to a veterinary surgery for treatment and from there direct to a slaughterhouse for immediate slaughter or back to the premises from which they were moved.
3
In this article “premises” shall not include a market, exhibition or show.
Restrictions relating to markets, exhibitions and shows
6
1
Subject to the provisions of this article no person shall during the relevant period —
a
hold a market, exhibition or show of sheep;
b
move any sheep to a market, exhibition or show; or
c
move any sheep from a market, exhibition or show.
2
The prohibition in paragraph (1)(a) above shall not apply to the holding of a market, exhibition or show of sheep under the authority of a licence issued by the local authority and in accordance with the conditions, if any, subject to which the licence is issued, but a local authority shall not issue a licence permitting the holding of a market, exhibition or show for both dipped sheep and slaughter sheep unless it is satisfied that it is necessary or expedient to do so and that the presence of both dipped sheep and slaughter sheep in the same market, exhibition or show will not give rise to a risk of spreading sheep scab.
3
A licence to hold a market, exhibition or show issued by the local authority under paragraph (2) above may permit the holding of a market, exhibition or show for —
a
dipped sheep, on the condition that no sheep other than dipped sheep are present in, or admitted to, the same market, exhibition or show on the same day;
b
slaughter sheep, on the condition that no sheep, other than slaughter sheep are present in or admitted to the same market, exhibition or show on the same day; or
c
both dipped sheep and slaughter sheep, on the condition that adequate provision is made (to the local authority’s satisfaction) to ensure that dipped sheep and slaughter sheep are kept separate from each other whilst they are in the market, exhibition or show.
4
The prohibition in paragraph (1)(b) above shall not apply —
a
to the movement to a market, exhibition or show of any dipped sheep where they are accompanied by a declaration in Form S made by the owner of the sheep or his duly authorised agent;
b
to the movement to a market, exhibition or show during the first 7 days of the relevant period of sheep which have been dipped within the 7 days immediately preceding the commencement of such period where they are accompanied by a declaration in Form S made by the owner of the sheep or his duly authorised agent;
c
to the movement to a market of any dipped sheep which have been brought for the first and only time direct from a dipped sheep market within 36 hours of the closure of such a market where they are accompanied by a declaration in Form T made by the auctioneer of the dipped sheep market;
d
to the movement to a slaughter sheep market of slaughter sheep where they are accompanied by a declaration in Form U made by the owner of the sheep or his duly authorised agent.
5
The prohibition in paragraph (1)(c) above shall not apply to the movement of sheep from a market, exhibition or show where —
a
dipped sheep are accompanied by a declaration in Form T issued by the auctioneer of that market or the person in charge of that exhibition or show; or
b
undipped sheep are accompanied by a declaration in Form V issued by the auctioneer of that market or the person in charge of that exhibition or show;
c
subject to paragraphs (6), (7) and (8) below, sheep are moved from a slaughter sheep market to a slaughterhouse, approved holding premises, approved premises or back to the premises from which they had been moved to such market where they are accompanied by a declaration in Form V issued by the auctioneer of that market or the person in charge of that exhibition or show.
6
Sheep for slaughter moved from a slaughter sheep market to approved holding premises shall, within 5 days of their arrival there or before the end of the relevant period whichever date is earlier, be moved to a slaughterhouse accompanied by a declaration in Form U made by the occupier of the approved holding premises for slaughter within 72 hours of their arrival there, or be dipped.
7
Sheep for export moved from a slaughter sheep market to approved holding premises which are not moved to approved premises within 35 days of their arrival there accompanied by a declaration in Form U signed by the occupier of the approved holding premises, which have not been slaughtered or dipped during that period, shall forthwith be moved to a slaughterhouse accompanied by a declaration in Form U made by the occupier of the approved holding premises for slaughter within 72 hours of their arrival there, or be dipped.
8
In the case of sheep for which no buyer has been found at the slaughter sheep market and which are returned to the premises from which they had been moved to that market they shall be detained and kept separate from all the other sheep on the premises and shall, within 14 days of their arrival there or before the end of the relevant period whichever date is earlier, either be dipped or moved direct to a slaughterhouse accompanied by a declaration in Form U made by the owner or his duly authorised agent for slaughter within 72 hours of their arrival there.
9
The prohibition in paragraph (1)(c) above shall not apply to the movement of sheep from a market, exhibition or show to a veterinary surgery for treatment and from there either direct to the premises from which they had been moved to the market, exhibition or show or direct to a slaughterhouse for immediate slaughter.
Approved holding premises for slaughter sheep
7
1
An inspector shall, on application being made to him by the occupier of any premises, approve those premises for the temporary holding of slaughter sheep if he is satisfied that they are fit to be used for that purpose.
2
The occupier of any approved holding premises —
a
shall not move or permit to be moved any sheep on to those premises, except slaughter sheep which are moved from some other premises accompanied by a declaration in Form U or Form V as appropriate;
b
shall not move or permit to be moved any sheep out of those premises, except where accompanied by a declaration in Form U made by him or his duly authorised agent;
c
shall permit an inspector, at any reasonable time, to enter and inspect the premises and any sheep on the premises;
d
shall, at the end of every 6 days or at the end of every other such period as may be specified in the approval given under paragraph (1) above, clear the premises of sheep and keep them empty of sheep for at least 24 hours thereafter.
3
Any approval of any premises for the temporary holding of slaughter sheep given under paragraph (1) above shall be given in writing and may —
a
be given subject to such conditions as the inspector giving the approval considers necessary to prevent the spreading of sheep scab;
b
be varied, suspended or withdrawn at any time by a notice in writing served by an inspector on the occupier of the premises if the inspector considers that the variation, suspension or withdrawal is necessary to prevent the spreading of sheep scab.
PART III
General
General Provisions as to movement of sheep and production of declarations
8
1
Where any sheep are moved in accordance with the provisions of this Order, the person in charge of the sheep being so moved shall ensure that —
a
the sheep are accompanied throughout the movement by declarations in either Form S, Form T, Form U or Form V as appropriate, and
b
dipped sheep are kept separate from all other sheep during the movement.
2
Where any sheep are moved to any premises accompanied by a declaration in Form S, Form T, Form U or Form V —
a
the person in charge of the sheep being so moved shall, on demand made by an inspector, produce the declaration and allow a copy thereof or an extract of it to be taken and shall also, on such demand, furnish his name and address;
b
the person in charge of the sheep at the time when the movement is completed shall immediately deliver up the declaration to the occupier of the premises who shall retain it for a period of 12 months from the date on which he receives it and who shall, during that period, on demand being made by an inspector, produce the declaration and allow a copy thereof or an extract of it to be taken.
Powers of entry and inspection
9
1
For the purposes of this Order, an inspector may at any reasonable time enter any premises on which he has reason to believe that sheep are kept and examine any sheep on those premises and, where the sheep are required to be dipped in accordance with any provision of this Order, supervise the dipping of them.
2
An inspector entering any premises under paragraph (1) above shall if so required by the person in charge of the premises produce evidence of his authority and state in writing his reasons for entering.
Marking of sheep
10
An inspector may mark or cause to be marked, for identification purposes, any sheep to which this Order applies.
Sampling
11
1
A person who, in accordance with any requirement imposed by this Order, dips any sheep or causes any sheep to be dipped, shall, if so required by an inspector, furnish him with a sample of the sheep dip or the dipping bath used (or permit him to take such a sample) and with such particulars as he may reasonably require as to the name or the composition of the sheep dip used and of the manner in which it has been prepared.
2
The occupier of any premises on which there are any sheep, and the owner or person in charge of the sheep shall permit an inspector to take such samples of the fleece of those sheep as he may require for the purposes of this Order.
Powers of inspectors in cases of default
12
If any person fails to take any action required to be taken by him in accordance with any of the provisions of this Order, an inspector may, without prejudice to any proceedings for an offence arising out of such failure, take, or cause to be taken, such action and the amount of any expenses reasonably incurred by him in doing so shall be recoverable as a civil debt by the Minister, or as the case may be, by the local authority from the person in default.
Offences
13
Any person who, without lawful authority or excuse, proof of which shall lie on him —
a
defaces, obliterates or removes any mark applied to any sheep under article 10 of this Order;
b
makes a declaration for the purposes of this Order which he knows to be false in a material particular or, for those purposes, recklessly makes a declaration which is false in a material particular;
c
contravenes any provision or this Order or any provision of a certificate of exemption, licence or approval issued or given under this Order;
d
fails to comply with any such provision or with any condition of any such certificate of exemption licence or approval; or
e
causes or permits any such contravention or non-compliance,
commits an offence against the Act.
Local authority to enforce the Order
14
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 26th July 1990.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
27th July 1990
David Hunt
Secretary of State for Wales
26th July 1990


text:
Citation and commencement
1
This Order may be cited as the Social Security Revaluation of Earnings Factors Order 1990 and shall come into force on 10th August 1990.
Revaluation of earnings factors
2
The earnings factors relevant–
a
to the calculation–
i
of the additional pension in the rate of any long-term benefit; or
ii
of any guaranteed minimum pension; or
b
to any other calculation required under Part III of the Social Security Pensions Act 1975 (including that Part as modified by or under any other enactment),
are directed to be increased for the tax years specified in the Schedule hereto by the percentage of their amount shown opposite the said tax years in the said Schedule.
Rounding of fractional amounts
3
Where any earnings factor relevant to the calculation specified in article 2(a)(i) of this Order, as increased in accordance with this Order, would not but for this article be expressed as a whole number of pounds, it shall be so expressed by the rounding down of any fraction of a pound less than one half and the rounding up of any other fraction of a pound.
Signed by authority of the Secretary of State for Social Security.
Henley
Parliamentary Under-Secretary of State,
Department of Social Security
12th July 1990


text:
1
This Order may be cited as the Borough of Burnley (Electoral Arrangements) Order 1990.
2
This Order shall come into force on 2nd May 1991 except that, for the purpose of all proceedings preliminary or relating to an election to be held on or after that day, it shall come into force on 10th October 1990.
3
1
The map referred to in this Order is the map marked “MAP REFERRED TO IN THE BOROUGH OF BURNLEY (ELECTORAL ARRANGEMENTS) ORDER 1990” and deposited with the Secretary of State.
2
Copies of the map, marked “COPY OF THE MAP REFERRED TO IN THE BOROUGH OF BURNLEY (ELECTORAL ARRANGEMENTS) ORDER 1990” shall be deposited with the council of the Borough of Burnley and with the Director General of the Ordnance Survey and such copies shall, at all reasonable times, be open to inspection by any person.
3
Where a boundary is shown on the map as running along a road, railway line, footway, waterway, or other similar geographical feature, it shall be treated as running along the centre line thereof.
4
1
The existing wards of the Borough of Burnley shall be abolished and that Borough shall be divided into sixteen wards which shall bear the names set out in column 1 of the Schedule to this Order, and each such ward shall comprise the area designated on the map by reference to the name of the ward, and demarcated by red lines thereon.
2
The number of councillors to be elected for each ward constituted by this Order shall be the numbers specified in column 2 of the Schedule to this Order opposite to the name of the ward as given in column 1 of that Schedule.
5
Subject to the provisions of article 6 below, the elections of councillors shall be by thirds.
6
1
The whole number of councillors shall be elected at the ordinary elections of councillors in 1991.
2
Of the councillors elected in 1991 for any ward of the Borough —
a
one third shall retire in 1992 being, subject to paragraphs (3) and (4) below, the councillor elected by the smallest number of votes;
b
one third shall retire in 1994 being, subject as aforesaid, the councillor elected by the next smallest number of votes;
c
the remaining councillor shall retire in 1995.
3
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any such year, the person to retire in that year shall be determined by lot.
4
If an election of councillors for any ward is not contested, the person to retire in each such year shall be determined by lot.
5
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen, and the drawing shall be conducted under the direction of the person presiding at the meeting.
David Waddington
One of Her Majesty’s Principal Secretaries of State
Home Office
25th September 1990


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Cod (Specified Sea Areas) (Prohibition of Fishing) Order 1990 and shall come into force on 5th December 1990.
2
In this Order–
“British fishing boat” means a fishing boat which is registered in the United Kingdom, the Isle of Man or any of the Channel Islands or which, not being so registered, is British-owned;
“sea area” means a statistical sub-area or division of the International Council for the Exploration of the Sea described in the Schedule hereto.
Prohibition
2
1
Subject to paragraph (2) below, fishing for cod (Gadus morhua)–
a
within any part of a sea area by any British fishing boat registered in the United Kingdom or the Isle of Man; or
b
within any part of a sea area which lies inside British fishery limits by any other British fishing boat,
is prohibited during the period beginning with the date of coming into force of this Order and ending immediately before 1st January 1991.
2
The prohibition in paragraph (1)(a) above shall not apply to fishing within that part of the sea area ICES Vb (Faroes Grounds) which lies outside British fishery limits.
Powers of British sea-fishery officers in relation to fishing boats
3
1
For the purpose of the enforcement of this Order a British sea-fishery officer may exercise anywhere in relation to any British fishing boat the powers conferred by paragraphs
2
to (4) below.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) above and, in particular–
a
may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;
c
for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under section 5(1) or (6) of the Sea Fish (Conservation) Act 1967 as read with this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search; and
d
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence,
but nothing in sub-paragraph (d) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that a contravention of this Order has at any time taken place within British fishery limits, he may–
a
require the master of the boat in relation to which the contravention took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port,
and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 23rd November 1990.
Trumpington
Minister of State, Ministry of Agriculture, Fisheries and Food
Strathclyde
Parliamentary Under Secretary of State, Scottish Office
22nd November 1990
Ian Grist
Parliamentary Under Secretary of State for Wales
22nd November 1990
Skelmersdale
Parliamentary Under Secretary of State, Northern Ireland Office
23rd November 1990


text:
1
This Order may be cited as the Combined Probation Areas (Gloucestershire) Order 1990 and shall come into force on 1st April 1990.
2
That part of Schedule 2 to the Combined Probation Areas Order 1986 which relates to the Gloucestershire Probation Committee shall be amended by substituting in column 3 —
a
“6” for “4” in the entry in respect of the petty sessional division of Gloucester; and
b
“5” for “4” in the entry in respect of the petty sessional division of Cheltenham.
David Waddington
One of Her Majesty’s Principal Secretaries of State
Home Office
30th March 1990


text:
1
This Order may be cited as the Offshore Installations (Safety Zones) (No. 6) Order 1990 and shall come into force on 20th November 1990.
2
A safety zone is hereby established around the installation specified in Column 1 of the Schedule hereto (being an installation stationed in waters to which subsection (7) of section 21 of the Act applies) having a radius of five hundred metres from the point as respects that installation which has the co-ordinates of latitude and longitude according to European Datum (1950) specified in Columns 2 and 3 of the Schedule.
Colin Moynihan
Parliamentary Under Secretary of State,
Department of Energy
25th October 1990


text:
Citation and Commencement
1
These Regulations may be cited as the Stock Transfer (Gilt-edged Securities) (Exempt Transfer) (No. 2) Regulations 1990 and shall come into force on 7th January 1991.
Interpretation
2
In these Regulations: —
“the Bank” means the Bank of England;
“the CGO ” means the Central Gilts Office of the Bank;
“the CGO Service ” means the computer-based system established by the Bank and The International Stock Exchange to facilitate the transfer of gilt-edged securities; and “CGO Service member” means a person who is entitled under a contract with the Bank to use the CGO Service.
Exempt Transfers
3
Securities on registers kept by the Bank which have been issued in the United Kingdom, or which may from time to time be issued in the United Kingdom, by the Government of Barbados may be transferred by a CGO Service member through the medium of the CGO Service.
John Major
Norman Lamont
Two of the Lords Commissioners of Her Majesty’s Treasury
10th December 1990