text:
Citation, commencement and interpretation
1
1
This Order which may be cited as the Housing Benefit (Subsidy) Order 1990 shall come into force on 20th April 1990.
2
In this Order, unless the context otherwise requires–
“ the Act ” means the Social Security Act 1986;
“allowance” means a rent allowance;
“authority” means a housing, rating or local authority or, as the case may be, in Scotland, a levying authority;
“rebate” means a rent, rate or community charge rebate;
“relevant date” has the same meaning as in Schedule 4;
“relevant year” means the year ending 31st March 1990;
“scheme” means the housing benefit scheme as defined in section 28 of the Act;
“subsidy” means subsidy under section 30(1) or (1A) of the Act (rate rebate, rent rebate, rent allowance and community charge rebate subsidy) ;
“ the Regulations ” mean the Housing Benefit (General) Regulations 1987 ;
“the Rent Officers Order ” means the Rent Officers (Additional Functions) Order 1989 or, as the case may be, the Rent Officers (Additional Functions) (Scotland) Order 1989 ;
“the Scottish Regulations ” means the Housing Benefit (Community Charge Rebates) (Scotland) Regulations 1988 ;
“termination date” has the same meaning as in Schedule 4,
and other expressions shall have the same meaning as in the Regulations or, as the case may be, the Scottish Regulations.
3
In this Order “qualifying expenditure” means the total of rebates and allowances granted by the authority during the relevant year, less–
a
the deductions specified in articles 7 and 13; and
b
where, under sub-section (6) of section 28 of the Act (arrangements for housing benefit), the authority has modified any part of the scheme administered by it, any amount by which the total of the rebates or allowances which it granted under the scheme during the relevant year exceeds the total of those which it would have granted if the scheme had not been so modified.
4
In this Order, reference to a numbered article or Schedule is to the article in, or Schedule to, this Order bearing that number and, unless the context otherwise requires, reference in an article or a Schedule to a numbered paragraph is to the paragraph bearing that number in that article or that Schedule.
Amount of subsidy
2
The amount of an authority’s subsidy for the relevant year–
a
for the purposes of section 30(2) of the Act (subsidy in respect of rebates or allowances) shall be the amount or total of the amounts calculated in accordance with article 3;
b
for the purposes of section 30(3) of the Act (subsidy in respect of the costs of administering housing benefit) may include an additional sum in respect of the cost of administering housing benefit calculated in accordance with Schedule 1.
Rebates and allowances
3
1
For the purposes of section 30(2) of the Act, an authority’s subsidy for the relevant year shall, subject to paragraph (2), be–
a
in the case of an authority to which articles 4, 5, 6, 8, 9, 10 and 11 do not apply, 97 per cent. of its qualifying expenditure;
b
in the case of an authority to which at least one of those articles is relevant–
i
97 per cent. of so much of its qualifying expenditure as remains after deducting the amount of the rebates or allowances to which each of those articles which is relevant applies; and
ii
the appropriate amount calculated in respect of the rebates or allowances under each such article,
plus, in each case, the addition, where applicable, under article 12.
2
Where the authority is the Scottish Homes or a new town corporation in Scotland, its subsidy for the relevant year shall include a further sum being–
a
in the case of an authority to which sub-paragraph (a) of paragraph (1) applies, 3.5 per cent. of its qualifying expenditure but subject to the relevant maximum specified in column (2) of Schedule 2; or
b
in the case of an authority to which sub-paragraph (b) of paragraph (1) applies, 3.5 per cent. of so much of its qualifying expenditure as remains after the deductions set out in paragraph (1)(b)(i), but subject to the relevant maximum specified in column (2) of Schedule 2.
Backdated payments
4
1
Subject to paragraph (2), where–
a
during the relevant year an authority has, under paragraph (15) of regulation 72 of the Regulations or, as the case may be, paragraph (18) of regulation 59 of the Scottish Regulations (time and manner in which claims are to be made), treated any claim for a rebate or allowance as made on a day earlier than that on which it is made; and
b
any part of that authority’s qualifying expenditure is attributable to such earlier period,
for the purposes of article 3(1)(b), the appropriate amount for the relevant year in respect of such part shall be 25 per cent. of the qualifying expenditure so attributable.
2
This article shall not apply in a case to which article 9 applies.
Disproportionate rent increase
5
1
Where the average rent increase of an authority’s Category A tenants is greater than the average rent increase of their Category B tenants, for the purposes of article 3(1)(b), the appropriate amount for such part of the qualifying expenditure as is attributable to rent rebates granted during the relevant year shall be–
a
25 per cent. of that portion of the qualifying expenditure as is determined in accordance with paragraph (3); and
b
97 per cent. of the balance.
2
For the purposes of paragraph (1), the average rent increase shall be determined by comparing the average rents of Category A tenants or, as the case may be, Category B tenants on the first relevant date with their average rent on the second relevant date.
3
For the purposes of paragraph (1)(a), the portion of the qualifying expenditure shall be determined in accordance with the formula–
A - ( A × B C )
Where–
A is the total of rent rebates granted by the authority to Category A tenants and other tenants during the relevant year;
B is the amount calculated in accordance with the formula–
D E × 100
C is the amount calculated in accordance with the formula–
F G × 100
D is the average rent for Category B tenants on the second relevant date;
E is the average rent for Category B tenants on the first relevant date;
F is the average rent for Category A tenants on the second relevant date;
G is the average rent for Category A tenants on the first relevant date.
4
In this article–
“Category A tenants” means tenants of the authority who on the first and second relevant dates are in receipt of rent rebates and reside at the same address on both dates;
“Category B tenants” means tenants of the authority who are not in receipt of rent rebates on the first and second relevant dates but reside at the same address on both dates;
“first relevant date” means a date, other than a day falling in a rent free period, determined by the authority occurring in March 1989; and
“second relevant date” means the same date occurring in March 1990 but if that date falls in a rent free period the nearest date in March 1990 to that date which is not in a rent free period;
“rent” means either–
the payments specified in sub-paragraphs (a) to (j) in paragraph (1) of regulation 10 of the Regulations (rent); or
the eligible rent,
as the authority may determine, provided that wherever the expression “rent” occurs in paragraphs (1) to (3) it has the same meaning throughout.
5
This article shall not apply in a case to which article 9 applies.
Treatment of high rents
6
1
Subject to paragraphs (3) and (4), where any part of the qualifying expenditure of an authority within an area listed in column 1 of Schedule 3 is attributable to any allowance granted in respect of a person whose weekly eligible rent exceeds the threshold specified in relation to that authority in column 2 of that Schedule for the purposes of article 3(1)(b), the appropriate amount in respect of that allowance shall be calculated in accordance with paragraph (2).
2
Where paragraph (1) applies–
a
if the allowance granted is the same as or is less than the excess of eligible rent over the threshold, the appropriate amount shall be 25 per cent. of the qualifying expenditure attributable to such allowance;
b
if the allowance granted is greater than the excess of the eligible rent over the threshold, the appropriate amount shall be the aggregate of 25 per cent. of the portion of the qualifying expenditure attributable to such allowance which is equal to the excess and 97 per cent. of the balance.
3
Paragraph (1) shall not apply to an allowance payable by an authority in respect of–
a
rents which exceed the threshold and which are registered in respect of a dwelling under Part IV, V or VI of the Rent Act 1977 or Part V, VI or VII of the Rent (Scotland) Act 1984 or which have been determined by a rent assessment committee in respect of a dwelling under Part I of the Housing Act 1988 or Part II of the Housing (Scotland) Act 1988 ; or
b
rents which exceed the threshold and which have been referred to the rent officer under the Rent Act 1977 or the Rent (Scotland) Act 1984 but not registered by him because he is satisfied the rent is at or below the fair rent level and he has in writing so notified the authority; or
c
rents which exceed the threshold where the relevant tenancy is one to which, before 15th January 1989, the provisions of sections 56 to 58 of the Housing Act 1980 applied .
4
This article shall not apply in a case to which article 7 or 9 applies.
Rent Officers' determinations
7
1
Where this article applies the deductions referred to in article 1(3) are deductions, from allowances granted in respect of the period beginning on the relevant date and ending on the termination date, calculated in accordance with Schedule 4.
2
Subject to article 8, this article applies where–
a
an authority applies to a rent officer for a determination in relation to a dwelling under the Rent Officers Order; and
b
the officer makes a determination under that Order.
3
Except where paragraph (4) applies, and subject to article 8, this article applies where an authority could have applied for a determination in relation to a dwelling during the relevant year under Schedule 1 to the Rent Officers Order which a rent officer would have been required to make but the authority fails to apply for the determination.
4
Subject to article 8, this article applies where an authority makes an application to a rent officer for a determination in a pre-commencement case under regulation 12A(5) of the Regulations; and for the purposes of calculating the deduction under this article the assumptions made in paragraph (6) of that regulation shall apply.
5
This article applies where–
a
the dwelling (A) is in a hostel; and
b
by virtue of regulation 12A(2) of the Regulations an application for a determination in respect of that dwelling is not required because the dwelling is regarded as similar to another dwelling (B) in that hostel in respect of which a determination has been made, and in such a case the determination made in respect of dwelling (B) shall, for the purposes of this article, be treated as if it were a determination in respect of dwelling (A).
6
Subject to article 8, this article applies where a rent officer has made a determination in respect of a tenancy of a dwelling and by virtue of paragraph 1 of Schedule 2 to the Rent Officers Order a new determination is not required in respect of another tenancy of the dwelling, and in such a case the determination made shall, for the purposes of this article, be treated as if it were a determination made in respect of that tenancy.
7
Where a determination as to the rent which a landlord might reasonably be expected to obtain in respect of a dwelling is made by a rent assessment committee following a determination made by a rent officer under paragraph 1 of Schedule 1 to the Rent Officers Order, this article shall cease to apply in so far as it relates to a determination made by a rent officer under paragraph 1 of Schedule 1 to the Rent Officers Order from the date on which the committee’s determination takes effect.
Exception to article 7
8
1
This article shall apply in the case of any allowances granted in respect of a period ending not later than 31st October 1989 in the case of which–
a
disregarding this article, article 7 would apply otherwise than by virtue of paragraph (5) thereof, and
b
if article 7 did not apply, article 6 would apply,
in this article referred to as “the relevant allowances”.
2
Where the authority–
a
has made estimates of its likely subsidy in respect of the relevant allowances on the basis of proposals made by the Secretary of State as to the provisions now made by article 6 and Schedule 3 (disregarding the reference in article 6(4) to article 7), and
b
has good reason for not making the calculations required by Schedule 4,
then in the case of the relevant allowances article 7 shall not apply and, accordingly, article 6 shall apply.
Treatment of certain residential accommodation
9
Where any part of an authority’s qualifying expenditure is attributable to rebates or allowances granted under the Social Security and Housing Benefits Act 1982 to persons in respect of accommodation provided under–
a
sections 21 to 24 and 26 of the National Assistance Act 1948 (provision of accommodation); or
b
section 21(1) of and paragraph 1 or 2 of Schedule 8 to the National Health Service Act 1977 (prevention, care and after-care); or
c
section 59 of the Social Work (Scotland) Act 1968 (provision of residential and other establishments) where board is available to the claimant,
for the purposes of article 3(1)(b), the appropriate amount for the relevant year in respect of such part shall be 90 per cent. of the qualifying expenditure so attributable.
Homeless cases
10
1
Where any part of an authority’s qualifying expenditure is attributable to a rebate granted in respect of the reasonable amount which a person is required to pay to an authority under section 69(2)(b) of the Housing Act 1985 for board and lodging accommodation made available to that person, for the purposes of article 3(1)(b), the appropriate amount shall be–
a
if the rebate granted is the same as or less than the difference between the weekly eligible rent and the appropriate maximum amount, nil per cent. of the qualifying expenditure attributable to such rebate;
b
if the rebate granted is greater than the difference between the weekly eligible rent and the appropriate maximum amount, nil per cent. of the portion of qualifying expenditure attributable to such rebate which is equal to the excess and 97 per cent. of the balance.
2
In paragraph (1) the appropriate maximum amount shall be determined in accordance with the formula–
( A × B ) - C
Where–
A is the weekly amount specified in column (2) of Schedule 5 in relation to an authority specified in column (1) of that Schedule;
B is the number equal to the number of persons aged 11 or over in respect of whom the accommodation has been made available; and
C is the product of £6 multiplied by the number equal to the number of persons aged under 11 in respect of whom the accommodation has been made available.
3
In this article “board and lodging accommodation” means–
a
accommodation provided for a charge which is inclusive of the provision of that accommodation and at least some cooked or prepared meals which are both cooked or prepared and consumed in that accommodation or associated premises; or
b
accommodation provided in a hotel, guest house, lodging home or some similar establishment,
but it does not include accommodation in a residential care home or nursing home within the meaning of the Income Support (General) Regulations 1987 nor in a hostel within the meaning of regulation 12A of the Regulations .
Overpayment of rebates or allowances
11
1
Where any part of an authority’s qualifying expenditure is attributable to an overpayment of rebates or allowances made and discovered in the relevant year, for the purposes of article 3(1)(b), the appropriate amount for the year in respect of such part shall be calculated in accordance with paragraph (2).
2
Subject to paragraph (3), the appropriate amount shall be–
a
in the case of an overpayment caused by an error of the authority making the payment, 15 per cent. of the qualifying expenditure attributable to the overpayment; and
b
in the case of an overpayment caused by official error, 97 per cent. of so much of the qualifying expenditure attributable to the overpayment as has not been recovered by the authority; and
c
in the case of any other overpayment, 30 per cent. of the qualifying expenditure attributable to the overpayment.
3
In paragraph 2(b) “overpayment caused by official error” means an overpayment caused by a mistake made or something done or omitted to be done by an officer of the Department of Social Security or the Department of Employment, acting as such, or a decision of an adjudication officer appointed in accordance with section 97(1) of the Social Security Act 1975 where the claimant, a person acting on his behalf or any other person to whom the payment is made did not cause or materially contribute to that mistake, act or omission.
4
This article shall not apply in a case to which paragraph (15) of regulation 72 of the Regulations or, as the case may be, paragraph (18) of regulation 59 of the Scottish Regulations (time and manner in which claims are to be made) applies.
Addition to subsidy
12
Where, following the loss, destruction or non-receipt, or alleged loss, destruction or non-receipt of original instruments of payment, an authority makes duplicate payments and the original instruments have been or are subsequently encashed, the addition referred to in article 3(1) shall be equal to 30 per cent. of the amount of the duplicate payments.
Deductions to be made in calculating subsidy in respect of rebates or allowances
13
1
The deductions referred to in article 1(3) are of the following amounts where–
a
a tenant of an authority, who is in receipt of rent rebate, while continuing to occupy, or when entering into occupation of, a dwelling as his home, either under his existing tenancy agreement or by entering into a new tenancy agreement–
i
is during, or was at any time prior to, the relevant year able to choose whether or not to be provided with any services, facilities or rights and chooses or chose to be so provided; or
ii
is during, or was at any time prior to, the relevant year able to choose either to be provided with any services or facilities or, whether or not in return for an award or grant from the authority, to provide such services or facilities for himself; or
iii
would be able during, or would have been able at any time prior to, the relevant year to exercise the choice set out in sub-paragraph (i) or (ii) of this paragraph if he were not or had not at that time been in receipt of a rent rebate,
the amounts attributable during the relevant year to such services, facilities or rights whether they are or would be expressed as part of the sum fixed as rent, otherwise reserved as rent or expressed as an award or grant from the authority;
b
during the relevant year a person becomes entitled to a rent-free period which has not been, or does not fall to be, taken into account in calculating the amount of rent rebate to which he is entitled under the Regulations, the amount of rebate which is or was payable to him in respect of such rent free period;
c
during the relevant year an award in the form of a payment of money or monies worth, a credit to the person’s rent account or in some other form is made by an authority to one of its tenants in receipt of rent rebate, whether or not the person is immediately entitled to the award, the amount or value of the award, but no such deduction shall be made in respect of an award–
i
made to a tenant for a reason unrelated to the fact that he is a tenant;
ii
made under a statutory obligation;
iii
made under section 137 of the Local Government Act 1972 (power of local authorities to incur expenditure for certain purposes not otherwise authorised);
iv
except where sub-paragraph (a)(ii) applies, made as reasonable compensa tion for reasonable repairs or redecoration the tenant has, or has caused to be, carried out whether for payment or not and which the authority would otherwise have carried out or have been required to carry out; or
v
of a reasonable amount made as compensation for loss, damage or inconvenience of a kind which occurs only exceptionally suffered by the tenant by virtue of his occupation of his home;
d
during the relevant year the weekly amount of rebate or allowance is increased under paragraph (8) of regulation 69 of the Regulations or, as the case may be, regulation 57 of the Scottish Regulations (calculations of weekly amounts), the amount of such increase;
e
during the relevant year a rebate has been paid in advance and an overpayment has occurred because a change in the circumstances of the recipient has reduced or eliminated entitlement to such rebate, the amount overpaid calculated from the end of the second benefit week after the recipient has disclosed such change of circumstances to the authority;
f
during the relevant year it is discovered that a rebate or allowance has been paid under the Social Security and Housing Benefits Act 1982 in excess of entitlement, the amount of such overpayment;
g
except where paragraph (h) applies, where during the relevant year it is discovered that an overpayment of rebate or allowance has been made in the preceding year an amount equal to–
i
in the case of an overpayment caused by an error of the authority making the payment, 85 per cent. of the overpayment;
ii
in the case of an overpayment caused by official error within the meaning of article 11(3), 3 per cent. of so much of the overpayment as has not been recovered by the authority; or
iii
in the case of any other overpayment, 70 per cent. of the overpayment;
h
where during the relevant year it is discovered that an overpayment of rebate or allowance has been made in the preceding year in circumstances to which regulation 91A of the Regulations (payment on account of a rent or rate rebate) or regulation 4A of the Housing Benefit (Transitional) Regulations 1987 (payments on account of housing benefit applied), the amount of such overpayment.
Modification of subsidy on payments in excess of entitlement made before 1 April 1988
14
1
Notwithstanding any provision made under the Social Security and Housing Benefits Act 1982 in respect of housing benefit paid in excess of entitlement, where an overpayment of benefit to which any such provision applies made before 1st April 1988 under that Act in a certificated case is discovered in the relevant year an authority’s subsidy in respect of such a payment shall be calculated as set out in paragraph (2).
2
The amount of that subsidy shall be–
a
in the case of an overpayment caused by an error of the authority making the payment, 15 per cent. of the overpayment; and
b
in the case of an overpayment caused by official error within the meaning of article 11(3), 97 per cent. of so much of the overpayment as has not been recovered by the authority; and
c
in the case of any other overpayment, 30 per cent. of the overpayment.
3
In paragraph (1) “certificated case” has the meaning assigned to that expression by regulation 2(1) of the Housing Benefits Regulations as previously in force.
Signed by authority of the Secretary of State for Social Security.
Gillian Shephard
Parliamentary Under Secretary of State,
Department of Social Security
28th March 1990.
We consent,
Kenneth Carlisle
D. Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
30th March 1990.


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Public Telecommunication System Designation (Jones Cable Group of South Hertfordshire Limited) Order 1990 and shall come into force on 11th December 1990.
2
Each of the Applicable Cabled Systems is hereby designated as a public telecommunication system.
Douglas Hogg
Minister of State,
Department of Trade and Industry
2nd November 1990


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Local Government Act 1988 (Defined Activities) (Specified Periods) (Inner London) Regulations 1990 and shall come into force on 2nd January 1991.
2
In these Regulations —
“ the Act ” means the Local Government Act 1988;
“specified authority” means the council of an inner London borough or the Common Council of the City of London in its capacity as a local authority;
“cleaning” means work falling within the defined activity mentioned in section 2(2)(b) of the Act and consisting of the cleaning of buildings transferred to a specified authority by the Education (Inner London Education Authority) (Property Transfer) Order 1990 ;
“catering” means work falling within the defined activity mentioned in section 2(2)(d) of the Act and consisting of catering for the purpose of schools so transferred;
“ground maintenance” means work falling within the defined activity mentioned in section 2(2)(f) of the Act and consisting of the maintenance of ground so transferred.
Specified periods
2
In the case of a specified authority the second condition, set out in section 7(3) of the Act, shall not be treated as fulfilled as respects any work mentioned in the first column of the Schedule hereto if the period stated in the detailed specification by virtue of section 7(3)(c) is less than the period mentioned in the second column of the Schedule or exceeds the period mentioned in the third column.
Disapplication of previous regulations
3
The Local Government Act 1988 (Defined Activities) (Specified Periods) (England) Regulations 1988 shall not apply to work to which these Regulations apply.
Signed by authority of the Secretary of State.
Michael Portillo
Minister of State,
Department of the Environment
4th December 1990


text:
Citation and commencement
1
These Regulations may be cited as the Electricity (Applications for Consent) Regulations 1990 and shall come into force on 31st March 1990.
Application
2
These Regulations apply in relation to an application for a consent —
a
under section 36 to construct, extend or operate a generating station;
b
under section 37 to instal or keep installed an electric line above ground,
which is received by the Secretary of State on or after the date on which these Regulations come into force.
Interpretation
3
1
In these Regulations —
“ SSSI ” means a site of special scientific interest designated under section 29 of the Wildlife and Countryside Act 1981 ;
“the 1957 Regulations ” means the Electricity (Publication of Applications) Regulation 1957 ;
“the 1958 Regulations ” means the Electricity (Publication of Applications) (Scotland) Regulations 1958 .
2
In these Regulations, unless the context otherwise requires —
a
any reference to a numbered section or Schedule is a reference to the section or Schedule bearing that number in the Electricity Act 1989; and
b
any reference to a numbered regulation or paragraph is a reference to the regulation or paragraph bearing that number in these Regulations.
Publication of notice of application for consent under section 36
4
1
Subject to paragraph (2) below, notice of an application for a consent under section 36 shall be published by the applicant —
a
in two successive weeks in one or more local newspapers circulating in the locality in which the land to which the application relates is situated; and
b
in the London Gazette, or in Scotland in the Edinburgh Gazette, and in one or more national newspapers.
2
A notice published in pursuance of paragraph (1) shall describe, by reference to a map, the land to which the application relates, and shall name a place within the locality in which such land is situated where such map may be inspected.
3
Paragraphs (1) and (2) shall not apply where —
a
an application for consent is made under section 36 in respect of the extension of a generating station or of the change in the manner of operation of a generating station which extension or change the Secretary of State considers to be of a minor character; and
b
the Secretary of State gives a direction dispensing with the requirements of those paragraphs.
Publication of notice of application for consent under section 37
5
1
Notice of an application for a consent under section 37 in respect of the installing or keeping installed of an electric line of a nominal voltage of not less than 132 kilovolts shall be published by the applicant in two successive weeks in one or more local newspapers circulating in the locality in which the land over which the line is proposed to pass or passes is situated or circulating respectively in the several localities in which different parts of that land are situated.
2
A notice published in pursuance of paragraph (1) shall describe, by reference to a map, the land over which the line is proposed to pass or passes, and shall name a place within each locality in which such land is situated where such map may be inspected.
Service of notice of applications for consent under sections 36 and 37
6
Notice of an application for a consent under section 36 or 37 shall be served —
a
where all or part of the land to which the application relates is an SSSI, on the Nature Conservancy Council; and
b
where the Secretary of State so directs, on such persons other than the relevant planning authority as may be specified in the direction.
Objections by other persons
7
Any notice published or served pursuant to regulation 4, 5 or 6 shall state the time (which shall not be less than 28 days from the date or latest date of publication of the notice, or less than 28 days from the date of service of the notice) within which, and the manner in which, objections to the application may be made to the Secretary of State by persons other than the relevant planning authority.
Objections by relevant planning authority
8
1
Subject to regulation 9, where an application is made for a consent under section 36 or section 37, the relevant planning authority shall serve notification of any objection by it to the application on the Secretary of State —
a
in the case of an application for a consent under section 36, within 4 months; or
b
in the case of an application for a consent under section 37, within 2 months,
of the date of the application, or within any longer period as may be agreed in writing by the authority with both the Secretary of State and the applicant.
2
The Secretary of State may, for the purposes of paragraph 2(2) of Schedule 8, disregard any objection not notified in accordance with paragraph (1).
9
Where —
a
an application is made for a consent under section 37 in respect of an electric line of a nominal voltage of less than 132 kilovolts; and
b
written notice of the proposal to make such application was sent to the relevant planning authority before the application was made; and
c
the relevant planning authority has sent written notification to the applicant of whether or not it would object to an application in the terms of that proposal,
regulation 8 shall not have effect and paragraph 2 of Schedule 8 shall have effect with the modification that sub-paragraph (1) of that paragraph shall not apply.
Service of notices
10
Notices or documents required to be served or sent under any of the provisions of these Regulations may be sent by post.
Fees payable on applications for consent
11
1
Subject to paragraph (2), the fee to be paid to the Secretary of State upon application being made for a consent under section 36 or section 37 shall be as specified in the Table below.
TABLE
Subject matter of application for consent Fee
Overhead line £50.00 Generating station
1
Construction or construction and operation of non-nuclear station of megawatt capacity —
a
not exceeding 200
£5000.00
b
exceeding 200 but not exceeding 500
£12000.00
c
exceeding 500
£20000.00
2
Construction or construction and operation of nuclear station of megawatt capacity —
a
not exceeding 200
£10000.00
b
exceeding 200 but not exceeding 500
£24000.00
c
exceeding 500
£40000.00
3
Extension or extension and operation of non-nuclear station resulting in increase in megawatt capacity —
a
not exceeding 200
£5000.00
b
exceeding 200 but not exceeding 500
£12000.00
c
exceeding 500
£20000.00
4
Extension or extension and operation of nuclear station resulting in increase in megawatt capacity —
a
not exceeding 200
£10000.00
b
exceeding 200 but not exceeding 500
£24000.00
c
exceeding 500
£40000.00
5
Extension of station by retrofitting of emission control equipment
£5000.00
6
Any other extension of station
£1000.00
7
Operation only or charge to manner of operation of station
£1000.00
2
Where the subject matter of an application for a consent under section 36 is two or more of the matters specified under heads 3 to 7 in the Table above, the fee to be paid shall be the higher or highest of the relevant fees there specified.
Revocation, transitional and savings
12
1
Subject to paragraph (2), the 1957 Regulations and the 1958 Regulations are hereby revoked.
2
The 1957 Regulations and in Scotland the 1958 Regulations shall continue to apply to any application for consent under section 2 of the Electric Lighting Act 1909 or under section 10(b) of the Electric Lighting (Clauses) Act 1989 which was received by the Secretary of State before the date on which these regulations came into force.
John Wakeham
Secretary of State for Energy
5th March 1990
Malcolm Rifkind
Secretary of State for Scotland
5th March 1990


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Industrial Training (Clothing and Allied Products Board) (Revocation) Order 1990.
2
The provisions of this Order (except articles 3 and 4) shall come into force on 1st December 1990.
3
Articles 3 and 4 of this Order shall come into force on 9th October 1991.
4
In this Order —
a
“ the Act ” means the Industrial Training Act 1982;
b
“ the Board ” means the Clothing and Allied Products Industry Training Board established by the Industrial Training (Clothing and Allied Products Board) Order 1969 .
c
“the net assets” means the assets which are not required to meet the liabilities of the Board and the expenses of its winding up; and
d
“the revocation date” means the date on which article 3 comes into force.
Winding up of the Board
2
1
The Board shall be wound up in accordance with the provisions of this article.
2
On the coming into force of this article the Board shall cease to exercise its functions except in so far as continued exercise of those functions may be necessary or expedient for the purpose of winding up.
3
Between the coming into force of this article and the revocation date the Board shall so far as practicable discharge its liabilities.
4
On or after the revocation date the net assets of the Board which are transferred to the Secretary of State under article 4(1) below shall be applied for charitable purposes related to or connected with training for employment.
5
The Board shall for the part of its financial year ending on the revocation date make a final report to the Secretary of State in accordance with section 8 of the Act and that report shall include a statement of accounts of the Board to that date together with a copy of any report made by the auditors on the accounts. The Secretary of State shall lay a copy of the report before Parliament.
Revocation
3
The Industrial Training (Clothing and Allied Products Board) Order 1969 and the Industrial Training (Clothing and Allied Products Board) Order 1969 (Amendment) Order 1982 are hereby revoked.
Incidental and transitional provisions
4
1
All property (including records) and rights to which the Board was entitled immediately before the revocation date and any obligation to which the Board was then subject, not having been discharged under article 2(3) above, are hereby transferred to and shall vest in the Secretary of State.
2
Any proceedings which, but for the revocations in article 3 above, could have been commenced or continued by or in relation to the Board, may be commenced or continued by or in relation to the Secretary of State.
3
Every contract, agreement, licence and authority, whether written or not, and every deed, bond, instrument and document made before the revocation date and still in effect at that time, which relates to property, rights or obligations of the Board shall continue in effect but subject to the following modifications, so far as they or any one or more of them are applicable —
a
if the Board is a party thereto the Secretary of State shall be substituted as that party;
b
for a reference therein (however worded and whether express or implied) to the Board there shall, as respects anything falling to be done or occurring after that time, be substituted a reference to the Secretary of State;
c
for a reference therein (however worded and whether express or implied) to the members or any member or to any officer or officers of the Board there shall be substituted, as respects anything done or falling to be done or occurring on or after the revocation date, a reference to such officers or officer as the Secretary of State shall appoint for the purpose therein specified; and
d
for a reference therein to the office or place of business of the Board there shall be substituted a reference to the office or place of business of the Secretary of State.
Signed by order of the Secretary of State.
Robert Jackson
Minister of State,
Department of Employment
13th October 1990


text:
1
1
These Regulations may be cited as the Police (Dispensation from Requirement to Investigate Complaints) Regulations 1990 and shall come into force on Ist July 1990.
2
These Regulations apply to a complaint received by the Chief Officer concerned on or after 1st July 1990.
2
In these Regulations, “the principal Regulations ” means the Police (Anonymous, Repetitious Etc. Complaints) Regulations 1985 .
3
The principal Regulations, as amended by these Regulations, may henceforward be cited as the Police (Dispensation from Requirement to Investigate Complaints) Regulations 1985.
4
The principal Regulations shall be amended as follows:
a
there shall be inserted in regulation 3(1)(a), after the word “Regulations,” the words “or that a complaint is vexatious, oppressive or otherwise an abuse of the procedures for dealing with complaints,”;
b
there shall be substituted for the word “and” at the end of regulation 3(1)(a) the following provision —
or
aa
that more than 12 months have elapsed between the incident, or the latest incident, giving rise to the complaint and the making of the complaint and either that no good reason for the delay has been shown or that injustice would be likely to be caused by the delay, and
;
c
there shall be inserted at the beginning of regulation 3(1)(b) the words “in either case,”;
d
the word “and” at the end of regulation 3(2)(b) shall be omitted;
e
there shall be inserted after regulation 3(2)(c) the following provision —
; and
d
where the appropriate authority is of the opinion that the complaint is a repetitious complaint and the previous complaint has been informally resolved in accordance with the provisions of section 85 of the Act of 1984, a copy of the record of the outcome of the informal resolution procedure made under regulation 5 of the Police (Complaints) (Informal Resolution) Regulations 1985 .
; and
f
there shall be inserted in the Schedu1e, after paragraph 3(2)(a) the following provision —
aa
the complaint was informally resolved in accordance with the provisions of section 85 of the Act of 1984;
.
David Waddington
One of Her Majesty’s Principal Secretaries of State
Home Office
26th June 1990


text:
Title and commencement
1
This Order may be cited as the Food Safety Act 1990 (Consequential Modifications) (No 2) (Great Britain) Order 1990, and shall come into force on 1st January 1991.
Modifications to instruments relating to drugs
2
1
In the Medicines (Bal Jivan Chamcho Prohibition) (No 2) Order 1977, so far as it applies to Great Britain, for article 2(3)(a) and (b) there shall be substituted the following provisions–
a
a public analyst appointed under section 27 of the Food Safety Act 1990,
b
an authorised officer of a drugs authority,
.
2
In the Medicines (Prohibition of Non-Medicinal Antimicrobial Substances) Order 1977, so far as it applies to Great Britain, for article 2(4)(c)(i) there shall be substituted the following provision–
i
a public analyst appointed under section 27 of the Food Safety Act 1990,
.
3
In the Medicines (Sale or Supply) (Miscellaneous Provisions) Regulations 1980, so far as they apply to Great Britain,–
a
in regulation 2(1) for the words “food and drugs authority”, in each place where they occur, there shall be substituted the words “drugs authority”; and
b
in regulation 2(2) for the words “a local authority as defined by section 26(4) of the Food and Drugs (Scotland) Act 1956” there shall be substituted the words “a drugs authority”.
4
In the Medicines (Products Other than Veterinary Drugs) (Prescription Only) Order 1983, so far as it applies to Great Britain, in Schedule 3 Part I for paragraph 2(1) and (2) in column 1 there shall be substituted the following provisions–
1
a public analyst appointed under section 27 of the Food Safety Act 1990,
2
an authorised officer of a drugs authority,
.
5
In the Misuse of Drugs Regulations 1985, so far as they apply to Great Britain–
a
in regulation 8(2) for sub-paragraph (g) there shall be substituted the following sub-paragraph–
g
a public analyst appointed under section 27 of the Food Safety Act 1990;
;
b
regulation 8(2)(h) shall cease to have effect;
c
in regulation 9(2) for sub-paragraph (e) there shall be substituted the following sub-paragraph–
e
a public analyst appointed under section 27 of the Food Safety Act 1990;
;
d
regulation 9(2)(f) shall cease to have effect;
e
in regulation 17 the words “for the purposes of the Food and Drugs (Scotland) Act 1956 to a sampling officer within the meaning of that Act or” shall cease to have effect.
6
In the Medicines (Veterinary Drugs) (Prescription Only) Order 1989, so far as it applies to Great Britain, in Schedule 3 Part I for paragraph 2(1) and (2) in column 1 there shall be substituted the following provisions–
1
a public analyst appointed under section 27 of the Food Safety Act 1990,
2
an authorised officer of a drugs authority,
.
Modifications to Regulations made under the European Communities Act 1972 c. 68
3
1
In the Natural Mineral Waters Regulations 1985
a
for the words “food and drugs authority”, in each place where they occur in these Regulations, there shall be substituted the words “food authority”;
b
in regulation 2 the definition of “food and drugs authority” shall cease to have effect;
c
in regulation 2 there shall be inserted the following definition–
“food authority” means–
in England, for each non-metropolitan county, metropolitan district and London borough, the council of that county, district or borough, and for the City of London and the Inner Temple and the Middle Temple, the Common Council of the City of London;
in Wales, the county council;
;
d
in regulation 2 for the definition of “public analyst” there shall be substituted the following definition–
“public analyst” has the same meaning as in the Food Safety Act 1990;
;
e
for regulation 26 there shall be substituted the following–
Defences
26
The following provisions of the Food Safety Act 1990 shall apply for the purposes of these Regulations as they apply for the purposes of section 8, 14 or 15 of that Act and unless the context otherwise requires any reference in them to that Act shall be construed as a reference to these Regulations–
section 21 (defence of due diligence); and
section 22 (defence of publication in the course of business).
; and
f
regulation 27 and paragraph (a) of regulation 28 shall cease to have effect.
2
In the Eggs (Marketing Standards) Regulations 1985 for regulation 10 there shall be substituted the following regulation–
Application of Food Safety Act
10
The following provisions of the Food Safety Act 1990 shall apply for the purposes of these Regulations as they apply for the purposes of section 8, 14 or 15 of that Act and unless the context otherwise requires any reference in them to that Act shall be construed as a reference to these Regulations–
section 2 (extended meaning of sale);
section 20 (offences due to fault of another person); and
section 21 (defence of due diligence);
.
3
In the Materials and Articles in Contact with Food Regulations 1987 –
a
in regulation 2(1), for paragraph (a)(i) of the definition of “enforcement authority” there shall be substituted the following provision–
i
for each non-metropolitan county, metropolitan district and London borough, the council of that county, district or borough, and for the City of London and the Inner Temple and the Middle Temple, the Common Council, and
;
b
in regulation 2(1) for the definition of “food” there shall be substituted the following definition–
“food” has the same meaning as in the Food Safety Act 1990;
;
c
in regulation 2(1) for the definition of “public analyst” there shall be substituted the following definition–
“public analyst” has the same meaning as in the Food Safety Act 1990;
;
d
for regulation 23 there shall be substituted the following–
Application of Food Safety Act 1990
23
The following provisions of the Food Safety Act 1990 shall apply for the purposes of these Regulations as they apply for the purposes of section 8, 14 or 15 of that Act and unless the context otherwise requires any reference in them to that Act shall be construed as a reference to these Regulations–
section 2 (extended meaning of sale); and
section 21 (defence of due diligence).
; and
e
regulation 24 shall cease to have effect.
4
In the Olive Oil (Marketing Standards) Regulations 1987 in regulation 3 for paragraphs (a) and (b) there shall be substituted the following–
a
in relation to imports, in England and Wales by the relevant port health authority, and in Scotland by a district or islands council;
b
at the retail stage, in England and Wales by the relevant food authority within the meaning of section 5(1) of the Food Safety Act 1990, other than non-metropolitan district councils, and in Scotland by a district or islands council;
.
5
In the Common Agricultural Policy (Wine) Regulations 1990, so far as they apply to Great Britain, in regulation 2(1), in the definition of “local authority” for sub-paragraphs (i) and (ii) there shall be substituted the following provisions–
i
as respects England and Wales, for each non-metropolitan county, metropolitan district and London borough, the council of that county, district or borough, and for the City of London and the Inner Temple and the Middle Temple, the Common Council of the City of London;
ii
as respects Scotland, the islands or district council;
.
Miscellaneous Consequential Modifications
4
1
In the Swine Fever Order 1963 in article 3(4) for the words “section 86 of the Food and Drugs Act 1955 or, as respects Scotland, by virtue of section 58 of the Food and Drug (Scotland) Act 1956,” there shall be substituted the words “inspector within the meaning of the Meat Inspection Regulations 1987 or, as respects Scotland, within the meaning of the Food (Meat Inspection) (Scotland) Regulations 1988,”.
2
In the Notification of New Substances Regulations 1982 in regulation 3(1)(b) for the words “section 135(1) of the Food and Drugs Act 1955 or section 58(1) of the Food and Drugs (Scotland) Act 1956” there shall be substituted the words “the Food Safety Act 1990”.
3
In the Classification, Packaging and Labelling of Dangerous Substances Regulations 1984 for regulation 3(1)(c) there shall be substituted the following provision–
c
a substance which is intended for use as food within the meaning of the Food Safety Act 1990, and which, if it is intended for use as an additive within the meaning of the Food Labelling Regulations 1984 or the Food Labelling (Scotland) Regulations 1984, is intended to be supplied to the public;
.
4
In the Road Traffic (Carriage of Dangerous Substances in Packages, etc ) Regulations 1986 for regulation 13A(2) there shall be substituted the following provision–
2
In this regulation, “food” has the same meaning as in the Food Safety Act 1990
.
5
In the Control of Pesticides Regulations 1986 –
a
in regulation 2(1) for the definition of “novel food” there shall be substituted the following definition–
“novel food” has the same meaning as in section 18(3) of the Food Safety Act 1990;
,
b
in regulation 3 in paragraph (2)(b) for the words–
Food Act 1984;
Food and Drugs (Scotland) Act 1956;
there shall be substituted the words
Food Safety Act 1990;
.
6
In the Dangerous Substances in Harbour Areas Regulations 1987 for regulation 3(3)(a) there shall be substituted the following provision–
a
a substance which is intended for use as food within the meaning of the Food Safety Act 1990, and which, if it is intended for use as an additive within the meaning of the Food Labelling Regulations 1984 or the Food Labelling (Scotland) Regulations 1984, is intended to be supplied to the public;
.
7
In the Patents (Licences of Right) (Exception of Pesticidal Use) Order 1989 –
a
in article 2(2)(g)(bb) for the words–
Food Act 1984;
Food and Drugs (Scotland) Act 1956;
there shall be substituted the words
Food Safety Act 1990;
,
in article 2(4) for the definition of “food” there shall be substituted the following definition–
“food” has the same meaning as in the Food Safety Act 1990;
,
in article 2(4) for the definition of “novel food” there shall be substituted the following definition–
“novel food” has the same meaning as in section 18(3) of the Food Safety Act 1990;
.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 7th December 1990.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Stephen Dorrell
Parliamentary Under-Secretary of State for Health
10th December 1990
David Hunt
Secretary of State for Wales
7th December 1990
Strathclyde
Parliamentary Under-Secretary of State, Scottish Office
10th December 1990


text:
1
This Order may be cited as the Public Telecommunication System Designation (Cable and Satellite Television Holdings Ltd) (West Glamorgan) Order 1990 and shall come into force on 5th July 1990.
2
Each of the Applicable Cabled Systems is hereby designated as a public telecommunication system.
Eric Forth
Parliamentary Under Secretary of State,
Department of Trade and Industry
4th June 1990


text:
1
Items 1(1), 1(2)(a), 1(2)(b), 1(2)(c) and 1(2)(d) of Schedule 2 to the North of Edgware Bury – Aldenham Special Roads Scheme 1962 are hereby revoked.
2
This Scheme shall come into force on 24th February 1990 and may be cited as the M1 London – Yorkshire Motorway (The North of Edgware Bury – Aldenham Special Roads Scheme 1962) (Partial Revocation) Scheme 1990.
Signed by authority of the Regional Director Secretary of State for Transport Eastern Region
Peter Emms
Department of Transport
9th February 1990


text:
1
These Regulations may be cited as the Merchant Shipping (Control of Pollution by Noxious Liquid Substances in Bulk) (Amendment) Regulations 1990 and shall come into force on 1st January 1991.
2
The Merchant Shipping (Control of Pollution by Noxious Liquid Substances in Bulk) Regulations 1987 are hereby amended as follows:
i
in regulation 1(2) —
a
in the definition “BCH Code” replace “(1986 Edition)” by “(1990 Edition)”;
b
in the definition “BCH Code Regulations” after “the Merchant Shipping (BCH Code) Regulations 1987(a)” add “as amended” ;
c
in the definition “class-approved” in sub-paragraph (a) delete the words “Table 3 of Merchant Shipping Notice No.M.1270” and replace by “Schedule 4 hereto”;
d
in the definition “IBC Code” replace “(1986 Edition)” by “(1990 Edition)”;
e
in the definition “IBC Code Regulations” after “the Merchant Shipping (IBC Code) Regulations 1987(b)” add “as amended” ;
f
in the definition “ MARPOL 73/78” after “as amended (a)” add “and as further amended by amendments adopted on 17th March 1989 by the Marine Environment Protection Committee of the International Maritime Organization”;
ii
in regulation 30 after “the Merchant Shipping (Prevention of Pollution by Noxious Liquid Substances in Bulk) Regulations 1987” add “as amended”;
iii
replace Schedule 1 by the following —
SCHEDULE 1
LIST OF NOXIOUS LIQUID SUBSTANCES CARRIED IN BULK
Regulations 1(2), 2 to 13, 16, 17 and 28
Substance UN Number I Pollution Category for operational discharge II Residual Concentration (percent by weight) III IV Outside special areas Within special areas
*
UN number 2789 refers to more than 80% acid by mass
**
UN number refers to 10-35%
*
UN number 1114 applies to Benzene
*
UN number 2574 applies to Tricresyl phosphate containing more than 3% ortho-isomer.
Acetaldehyde 1089 C Acetic acid 2789 D Acetic anhydride 1715 D Acetone cyanohydrin 1541 A 0.1 0.05 Acrylamide solution(50% or less) 2074 D Acrylic acid 2218 D Acrylonitrile 1093 B Adiponitrile 2205 D Alcohol (C12-C15) poly(1-3) ethoxylates A 0.1 0.05 Alcohol (C12-C15) poly(3-11) ethoxylates A 0.1 0.05 Alcohol (C6-C17) (secondary) poly(3-6) ethoxylates A 0.1 0.05 Alcohol (C6-C17) (secondary) poly(7-12) ethoxylates B Alkyl acrylate-vinylpyridine copolymer in toluene C Alkyl (C9-C17) benzenes D Alkyl benzene sulphonic acid 2584, 2586 C Alkyl benzene sulphonicacid, sodium salt solution C Allyl alcohol 1098 B Allyl chloride 1100 B Aluminium chloride (30% or less)/Hydrochloric acid (20% or less) solution D Aluminium sulphate solution D 2-(2-Aminoethoxy) ethanol 3055 D Aminoethyl ethanolamine D N-Aminoethylpiperazine 2815 D 2-Amino-2-methyl-1-propanol (90% or less) D Ammonia aqueous (28% or less) 2672 C Ammonium nitrate solution (93% or less) D Ammonium sulphate solution D Ammonium sulphidesolution (45% or less) 2683 B Ammonium thiocyanate (25% or less)/Ammonium thiosulphate (20% or less) solution C Ammonium thiosulphatesolution (60% or less) C n-Amyl acetate 1104 C sec-Amyl acetate 1104 C Amyl acetate, commercial 1104 C n-Amyl alcohol 1105 D sec-Amyl alcohol 1105 D Amyl alcohol, primary 1105 D Aniline 1547 C Animal and fish oils, n.o.s. including: Cod liver oil Sperm oil D Aviation alkylates (C8 paraffins and iso-paraffins BPT 95-120 C) C Benzene and mixtures having 10% benzene or more 1114 C Benzene sulphonylchloride 2225 D Benzyl acetate C Benzyl alcohol C Benzyl chloride 1738 B Brake fluid base mix: (Poly(2-8) alkylene (C2-C3) glycols/Polyalkylene (C2-C10) glycols monoalkyl(C1-C4) ethers and their borate esters D Butene oligomer B n-Butyl acetate 1123 D sec-Butyl acetate 1123 C n-Butyl acrylate 2348 B Butylamine(all isomers) C Butylbenzenes (all isomers) 2709 A 0.1 0.05 Butyl benzyl phthalate A 0.1 0.05 n-Butyl butyrate C Butyl/Decyl/Cetyl/Eicosyl methacrylate mixture D Butylene glycol D 1,2-Butylene oxide 3022 C n-Butyl ether 1149 C Butyl lactate D Butyl methacrylate D n-Butyraldehyde 1129 B Butyric acid 2820 D gamma-Butyrolactone D Calcium alkyl salicylate C Calcium hydroxide slurry D Calcium hypochloritesolution (15% or less) C Calcium hypochloritesolution (more than 15%) B Calcium naphthenate in mineral oil A 0.1 0.05 Camphor oil 1130 B epsilon-Caprolactam (molten or aqueous solutions) D Carbolic oil A 0.1 0.05 Carbon disulphide 1131 B Carbon tetrachloride 1846 B Cashew nut shell oil (untreated) D Chlorinated paraffins (C10-C13) A 0.1 0.05 Chloroacetic acid (80%or less) 1750 C Chlorobenzene 1134 B Chloroform 1888 B Chlorohydrins (crude) D o-Chloronitrobenzene 1578 B 2-or 3-Chloropropionic acid C Chlorosulphonic acid 1754 C m-Chlorotoluene 2238 B o-Chlorotoluene 2238 A 0.1 0.05 p-Chlorotoluene 2238 B Chlorotoluenes (mixed0.10.5 isomers) 2238 A Choline chloride solutions D Citric acid D Coal tar A 0.1 0.05 Coal tar naphtha solvent B Coal tar pitch (molten) D Cobalt naphthenate in solvent naphtha A 0.1 0.05 Coconut oil fatty acid C Coconut oil fatty acid methyl ester D Creosote (coal tar) A 0.1 0.05 Creosote (wood) A 0.1 0.05 Cresols (all isomers) 2076 A 0.1 0.05 Cresylic acid, sodium salt solution A 0.1 0.05 Crotonaldehyde 1143 B Cycloheptane 2241 C Cyclohexane 1145 C Cyclohexanol C Cyclohexanone 1915 D Cyclohexyl acetate B Cyclohexylamine 2357 C 1,3-Cyclopentadienedimer (molten) B Cyclopentane 1146 C Cyclopentene B p-Cymene 2046 C Decahydronaphthalene 1147 D Decanoic acid C Decene B Decyl acrylate A 0.1 0.05 Decyl alcohol(all isomers) B Decylbenzene D Diacetone alcohol 1148 D Dialkyl (C7-C13) phthalates D Dibutylamine C Dibutyl phthalate A 0.1 0.05 Dichlorobenzenes (allisomers) 1592 B 1,1-Dichloroethane 2362 B Dichloroethyl ether 1916 B 1,6-Dichlorohexane B 2,2'-Dichloroisopropylether 2490 C Dichloromethane 1593 D 2,4-Dichlorophenol 2021 A 0.1 0.05 2,4-Dichlorophenoxyacetic acid, diethanolamine salt solution A 0.1 0.05 2,4-Dichlorophenoxyacetic acid, dimethylamine salt solution (70% or less) A 0.1 0.05 2,4-Dichlorophenoxyacetic acid, triisopropanolamine salt solution A 0.1 0.05 1,1-Dichloropropane B 1,2-Dichloropropane 1279 B 1,3-Dichloropropane B 1,3-Dichloropropene 2047 B Dichloropropene/Dichloropropane mixtures B 2,2-Dichloropropionic acid D Diethylamine 1154 C Diethylaminoethanol 2686 C Diethylbenzene 2049 C Diethylene glycol butyl ether acetate D Diethylene glycol dibutyl ether D Diethylene glycol ethyl ether acetate D Diethylene glycol methylether C Diethylene glycol methyl ether acetate D Diethylenetriamine 2079 D Di-(2-ethylhexyl) adipate D Di-(2-ethylhexyl) phosphoric acid 1902 C Diethyl phthalate C Diethyl sulphate 1594 B Diglycidyl ether ofbisphenol A Diglycidyl ether of bisphcnol F B Di-n-hexyl adipate B 1,4-Dihydro-9, 10-dihydroxy anthracene, disodium salt solution D Diisobutylamine 2361 C Diisobutylene 2050 B Diisobutyl ketone 1157 D Diisobutyl phthalate B Diisodecyl phthalate B Diisononyl adipate D Diisopropanolamine C Diisopropylamine 1158 C Diisopropylbenzene (all isomers) A 0.1 0.05 Diisopropyl naphthalene D N,N-Dimethylacetamide solution (40% or less) D Dimethyl adipate B Dimethylamine solution (45% or less) 1160 C Dimethylamine solution (greater than 45% but not greater than 55%) 1160 C Dimethylamine solution (greater than 55% but not greater than 65%) 1160 C N,N-Dimethylcyclohexylamine 2264 C Dimethylethanolamine 2051 D Dimethylformamide 2265 D Dimethyl glutarate C Dimethyl octanoic acid C Dimethyl phthalate C 212-Dimethylpropane-1,3-dio 1 D Dimethyl succinate C Dinitrotoluene (molten) 1600 B Dinonyl phthalate D 1,4-Dioxane 1165 D Dipentene 2052 C Diphenyl A 0.1 0.05 Diphenyl/Diphenyl ether mixtures A 0.1 0.05 Diphenyl ether A 0.1 0.05 Diphenyl ether/Diphenyl phenyl ether mixture A 0.1 0.05 Diphenylmethanediisocyanate 2489 B Diphenylolpropane-epichlorohydrin resins B Di-n-propylamine 2383 C Dipropylene glycol methyl ether D Ditridecyl phthalate D Diundecyl phthalate D Dodecene (all isomers) B Dodecenyl succinic acid, dipotassium salt solution D Dodecyl alcohol B Dodecyl diphenyl etherdisulphonate solution B Dodecyl phenol A 0.1 0.05 Drilling brines, containing A 0.1 0.05 Zinc salts Epichlorohydrin 2023 C Ethanolamine 2491 D 2-Ethoxyethanol 1171 D 2-Ethoxyethyl acetate 1172 C Ethyl acetate 1173 D Ethyl acetoacetate D Ethyl acrylate 1917 A 0.1 0.05 Ethylamine 1036 C Ethylamine solutions (72% or less) 2270 C Ethyl amyl ketone 2271 C Ethylbenzene 1175 C N-Ethylbutylamine C Ethyl butyrate 1180 C Ethylcyclohexane C N-Ethylcyclohexylamine D Ethylene chlorohydrin 1135 C Ethylene cyanohydrin D Ethylenediamine 1604 C Ethylenediamine tetraacetic acid, tetrasodium salt solution D Ethylene dibromide 1605 B Ethylene dichloride 1184 B Ethylene glycol D Ethylene glycol acetate D Ethylene glycol butyl etheracetate C Ethylene glycol diacetate C Ethylene glycol isopropyl ether D Ethylene glycol methyl butyl ether D Ethylene glycol methylether 1188 D Ethylene glycol methylether acetate 1189 D Ethylene glycol phenyl ether D Ethylene glycol phenyl ether/Diethylene glycol phenyl ether mixture D Ethylene oxide/Propyleneoxide mixture with an Ethylene oxide content of not more than 30% in weight 2983 D 2-Ethylhexanoic acid D 2-Ethylhexyl acrylate B 2-Ethylhexylamine 2276 B Ethylidene norbornene B Ethyl methacrylate 2277 D o-Ethylphenol A 0.1 0.05 Ethyl propionate 1195 D 2-Ethyl-3-propylacrolein B Ethyltoluene B Ferric chloride solutions 2582 C Ferric hydroxyethyl ethylenediamine triacetic acid, trisodium salt solution D Ferric nitrate/Nitric acidsolution C Formaldehyde solutions (45% or less) 1198 2209 C Formamide D Formic acid 1779 D Fumaric adduct of rosin, water dispersion B Furfural 1199 C Furfuryl alcohol 2874 C Glutaraldehyde solutions (50% or less) D Glycidyl ester of C10 trialkylacetic acid B Glyoxal solution (40% or less) D Heptane (all isomers) 1206 C n-Heptanoic acid D Heptanol (all isomers) C Heptene (all isomers) C Heptyl acetate B Hexamethylenediamine adipate (50% in water) D Hexamethylenediaminesolution 1783 C Hexamethyleneimine 2493 C Hexamethylenetetramine solutions D Hexane (all isomers) 1208 C Hexanoic acid D Hexanol 2282 D Hexene (all isomers) C Hexyl acetate 1233 B Hydrochloric acid 1789 D Hydrogen peroxide solutions 2014,(over 8% but not over 60%) 2984 C Hydrogen peroxide solutions(over 60% but not over 70%) 2015 C 2-Hydroxyethyl acrylate B N-(Hydroxyethyl) ethylenediamine triacetic acid, trisodium salt solution D Isoamyl acetate 1104 C Isoamyl alcohol 1105 D Isobutyl acetate 1213 C Isobutyl acrylate 2527 B Isobutyl formate 2393 D Isobutyraldehyde 2045 C Isophorone D Isophoronediamine 2289 D Isophorone diisocyanate 2290 B Isoprene 1218 C Isopropanolamine C Isopropylamine 1221 C Isopropylbenzene 1918 B Isopropylcyclohexane C Isopropyl ether 1159 D Isovaleraldehyde 2058 C Lactic acid D Lactonitrile solon (80% or less) B Latex (ammonia inhibited) D Lauric acid B Maleic anhydride 2215 D Mercaptobenzothiazol, sodium salt solution B Mesityl oxide 1229 D Metam sodium solution A 0.1 0.05 Methacrylic acid 2531 D Methacrylic resin in 1,2-Dichloroethane solution B Methacrylonitrile 3079 B 3-Methoxybutyl acetate 2708 D Methyl acetoacetate D Methyl acrylate 1919 B Methylamine solutions (42%or less) 1235 C Methylamyl acetate 1233 C Methylamyl alcohol 2053 C Methyl amyl ketone 1110 C Methyl butenol D Methyl tert-butyl ether 2398 Methyl butyl ketone D Methyl butynol D Methyl butyrate 1237 C Methylcyclohexane 2296 C Methylcyclopentadiene dimer B 2-Methyl-6-ethyl aniline C 2-Methyl-5-ethyl pyridine 2300 B Methyl formate 1243 D Methyl heptyl ketone B Methyl isobutyl ketone 1245 D Methyl methacrylate 1247 D Methylnaphthalene A 0.1 0.05 2-Methyl-1-pentene 2288 C Methyl propyl ketone D 2-Methylpyridine 2313 B 4-Methylpyridine 2313 B N-Methyl-2-pyrrolidone B Methyl salicylate B alpha-Methylstyrene 2303 A 0.1 0.05 Morpholine 2054 D Motor fuel anti-knock compounds 1649 A 0.1 0.05 Naphthalene (molten) 2304 A 0.1 0.05 Naphthalene sulphonic acid-formaldehyde copolymer, sodium salt solution D Naphthenic acids A 0.1 0.05 Neodecanoic acid C Nitrating acid (mixture ofsulphuric and nitric acids) 1796 C Nitric acid (less than 70%) 2031 C Nitric acid (70% and over) 2031, 2032 C Nitrilotriacetic acid, trisodium salt solution D Nitrobenzene 1662 B o-Nitrophenol (molten) 1663 B 1-or 2-Nitropropane 2608 D Nitropropane (60%)/Nitroethane (40%) mixture D o-or p-Nitrotoluenes 1664 C Nonane (all isomers) 1920 C Nonanoic acid (all isomers) D Nonene B Nonyl alcohol (all isomers) C Nonyl methacrylate monomer D Nonylphenol A 0.1 0.05 Nonyl phenol poly(4-l2) ethoxylates B Octane (all isomers) 1262 C Octanoic acid (all isomers) D Octanol (all isomers) C Octene (all isomers) B n-Octyl acetate D Octyl aldehydes B Octyl nitrates (all isomers) A 0.1 0.05 Olefin mixtures (C5-C7) C Olefin mixtures (C5-Cl5) B alpha-Olefins (C6-Cl8) mixtures B Oleic acid D Oleum 1831 C Palm nut oil fatty acid C Palm oil fatty acid methyl ester D Palm stearin D Paraldehyde 1264 C Pentachloroethane 1669 B 1,3-Pentadiene C Pentaethylenehexamine D Pentane (all isomers)1265 C Pentanoic acid D Pentene (all isomers) C Perchloroethylene 1897 B Phenol 2312 B 1-Phenyl-1-xylyl ethane C Phosphoric acid 1805 D Phosphorus, yellow or white 1381, 2447 A 0.01 0.005 Phthalic anhydride (molten) 2214 C Pinene 2368 B Polyalkylene glycol butyl ether D Polyethylene polyamines C2735 2734 Polyferric sulphatesolution C Polymethylene polyphenyl isocyanate 2207 Polypropylene glycol D Potassium hydroxidesolution 1814 C n-Propanolamine C beta-Propiolactone D Propionaldehyde 1275 D Propionic acid 1848 D Propionic anhydride 2496 C Propionitrile 2404 C n-Propyl acetate 1276 D n-Propylamine 1277 C n-Propylbenzene 2364 C n-Propyl chloride B Propylene dimer C Propylene glycol ethyl ether D Propylene glycol methyl ether D Propylene glycol monoalkyl ether D Propylene oxide 1280 D Propylene tetramer 2850 B Propylene trimer 2057 B Pyridine 1282 D Rosin B Rosin soap(disproportionated) solution B Silicon tetrachloride D Sodium aluminate solution C Sodium borohydride (15% orless)/Sodium hydroxide solution C Sodium carbonate solution D Sodium dichromate solution(70% or less) C Sodium hydrogen sulphite solution (35% or less) 2693 D Sodium hydrosulphide/Ammonium sulphide solution B Sodium hydrosulphide solution (45% or less) 2949 B Sodium hydroxide solution 1824 D Sodium hypochlorite solution (15% or less) 1791 C Sodium nitrite solution B Sodium silicate solution D Sodium sulphide solution B Sodium sulphite solution C Sodium thiocyanate solution(56% or less) B Styrene monomer 2055 B Sulpholane D Sulphuric acid 1830 C Sulphuric acid, spent 1832 C Tall oil (crude anddistilled) B Tall oil fatty acid (resinacids less than 20%) C Tall oil soap (disproportionated) solution B Tallow D Tallow fatty acid D Tetrachloroethane 1702 B Tetraethylene pentamine 2320 D Tetrahydrofuran 2056 D Tetrahydronaphthalene C 1,2,3,5-Tetramethylbenzene C Titanium tetrachloride 1838 D Toluene 1294 C Toluenediamine 1709 C Toluene diisocyanate 2078 C o-Toluidine 1708 C Tributyl phosphate B 1,2,4-Trichlorobenzene 2321 B 1,1,1-Trichloroethane 2831 B 1,1,2-Trichloroethane B Trichloroethylene 1710 B 1,2,3-Trichloropropane B 1,1,2-Trichloro-1,2,2-tri-fluoroethane C Tricresyl phosphate (containing less than 1% ortho-isomer) A 0.1 0.05 Tricresyl phosphate (containing 1% or more ortho-isomer) 2574 A 0.1 0.05 Triethanolamine D Triethylamine 1296 C Triethylbenzene A 0.1 0.05 Triethylene glycol ethyl ether A Triethylene glycol methyl ether D Triethylenetetramine 2259 D Trimethylacetic acid D Trimethylamine C Trimethyl benzenes (allisomers) B Trimethylhexamethylenediamine(2,2,4-and 2,4,4-isomers) 2327 D Trimethylhexamethylenediisocyanate (2,2,4-and 2,4,4-isomers) 2328 B Trimethylol propane polyethoxylate D 2,2,4-Trimethyl-1,3-pentanediol-1-isobutyrate C Tripropylene glycol methyl ether D Trixylyl phosphateA 0.1 0.05 Turpentine 1299 B Undecanoic acid C 1-Undecene B Undecyl alcohol B Urea/Ammonium mono-and di-hydrogen phosphate/Potassium chloride solution D Urea/Ammonium nitrate solution D Urea/Ammonium nitrate solution (containing aqua Ammonia) C Urea/Ammonium phosphate solution D n-Valeraldehyde 2058 D
Vegetable oil, n.o.s., including:
Castor oil
Coconut oil
Corn oil
Cottonseed oil
Groundnut oil
Linseed oil
Olive oil
Palm nut oil
Palm oil
Rape seed oil
Rice bran oil
Safflower oil
Sesame oil
Soya bean oil
Sunflower oil
Tung oil
D Vinyl acetate 1301 C Vinyl ethyl ether 1302 C Vinylidene chloride 1303 B Vinyl neodecanoate B Vinyltoluene 2618 A 0.1 0.05 White spirit, low (15-20%)aromatic 1300 B Xylenes 1307 C Xylenol 2261 B
iv
replace Schedule 2 by the following —
SCHEDULE 2
LIST OF NON-POLLUTING LIQUID SUBSTANCES CARRIED IN BULK
Regulations 1(2) and 15
Substance UN Number
Acetone 1090 Acetonitrile 1648 Alcoholic beverages, n.o.s. Alcohols (C13 and above) Aminoethyldiethanolamine/Amino ethylethanolamine solution 2-Amino-2-hydroxymethyl-1,3 propanediol solution (40% or less) tert-Amyl alcohol 1105 Apple juice Behenyl alcohol Benzene tricarboxylic acid, trioctyl ester n-Butyl alcohol 1120 sec-Butyl alcohol 1120 tert-Butyl alcohol 1120 Butyl stearate Calcium carbonate slurry Calcium nitrate/Magnesium nitrate/Potassium chloride solution Cetyl/Eicosyl methacrylate mixture Cetyl/Stearyl alcohol Chlorinated paraffins (C14-C17) (with 52% chlorine) Clay slurry Coal slurry Dextrose solution Diethanolamine Diethyl ether 1155 Diethylene glycol Diethylene glycol butyl ether Diethylene glycol diethyl ether Diethylene glycol ethyl ether Diethylenetriamine pentaacetic acid, pentasodium salt solution Diheptyl phthalate Dihexyl phthalate Diisooctyl phthalate Dioctyl phthalate Dipropylene glycol Dodecane (all isomers) Dodecyl benzene Dodecyl methacrylate Dodecyl/Pentadecyl methacrylate mixture
Drilling brines:
Calcium bromide solution
Calcium chloride solution
Sodium chloride solution
Ethyl alcohol 1170 Ethylene carbonate Ethylene glycol butyl ether 2369 Ethylene glycol tert-butyl ether Ethylene-vinyl acetate copolymer (emulsion) Fatty acids (saturated, C13 above) Glucose solution Glycerine Glycerol polyalkoxylate Glyceryl triacetate Glycine, sodium salt solution Hexamethylene glycol Hexylene glycol Isobutyl alcohol 1212 Isopropyl acetate 1220 Isopropyl alcohol 1219 Kaolin slurry Lard Latex: Carboxylated styrene-butadiene copolymer Latex: Styrene-butadiene rubber Lignin sulphonic acid, sodium salt solution Magnesium chloride solution Magnesium hydroxide slurry 3-Methoxy-1-butanol Methyl acetate 1231 Methyl alcohol 1230 Methyl ethyl ketone 2-Methyl-2-hydroxy-3-butyne 3-Methyl-3-methoxy butanol 3-Methyl-3-methoxy butyl acetate Molasses Octyl decyl adipate alpha-Olefins (C13-C20) Olefins (C13 and above, all isomers) n-Paraffins (C10-C20) Paraffin wax Petrolatum Polyaluminium chloride solution Polybutene Polyethylene glycol dimethyl ether Polyethylene glycol Polypropylene glycol methyl ether Polysiloxane n-Propyl alcohol Propylene glycol Propylene-butylene copolymer Sodium alumino silicate slurry Sodium chlorate solution (50% or less 2428 Sorbitol solution Sulphur (molten) 2448 Tetraethylene glycol Tridecane Tridecanoic acid Triethylene glycol Triethylene glycol butyl ether Triisopropanolamine Tripropylene glycol Urea formaldehyde resin solution Urea solution Vegetable protein solution (hydrolysed) Water
v
replace Schedule 3 by the following —
SCHEDULE 3
OIL-LIKE SUBSTANCES
Regulations 1(2), 18 and 28
Category C substances
Aviation alkylates
Cycloheptane
Cyclohexane Cyclopentane
p-Cymene
Diethylbenzene
Dipentene
Ethylbenzene
Ethylcyclohexane
Heptene (all isomers)
Hexane (all isomers)
Hexene (all isomers)
Isopropyl cyclohexane
Methyl cyclohexane
Nonane (all isomers)
Octane (all isomers)
Olefin mixtures (C5-C7)
Pentane (all isomers)
1-Phenyl-1-xylylethane
Propylene dimer
Tetrahydronaphthalene
Toluene
Xylenes
Category D substances
Alkyl (C9-C17) benzenes
Diisopropyl naphthalene
Dodecane (all isomers)
vi
add as Schedule 4 the following —
SCHEDULE 4
CLASSES OF NOT OTHERWISE SPECIFIED (N.O.S.) SUBSTANCES
Regulations 1(2), 28
Substance Pollution Category for operational discharge Residual concentration (Percent by weight) Outside special areas Within special areas
*
Key to Schedule 4: Where a cargo is assessed as falling within an n.o.s.class, the class including any cargo trade name with the principal component contributing to the pollution category must be provided in the shipping document.
N.F.
Flashpoint exceeding 60=(°C (closed cup test)
F.
Flashpoint not exceeding 60=(°C (closed cup test)
n.o.s.
not otherwise specified
S.T.
Ship type when carried in a chemical tanker
Cat
Pollution category
mp
Melting point
App III
Appendix Ill of MARPOL 73/78 Annex II (a “non-polluting” substance)
Noxious liquid,N.F,(1) n.o.s. (trade name…contains…)S.T.1, Cat. A A 0.1 0.05 Noxious liquid,F,(2) n.o.s.(trade name…,contains…)S.T.1, Cat.A A 0.1 0.05 Noxious liquid,N.F,(3) n.o.s.(trade name…,contains…)S.T.2, Cat. A A 0.1 0.05 Noxious liquid.F,(4) n.o.s.(trade name…,contains…)S.T.2, Cat. A A 0.1 0.05 Noxious liquid,N.F,(5) n.o.s. (trade name…,contains…)S.T.2. B Cat. B Noxious liquid.N.F,(6) n.o.s. (trade name…,contains…)S.T. 2, Cat. B. mp =(= 15=(°C B Noxious liquid.F,(7) n.o.s.(trade name…,contains…)S.T.2, Cat. B B Noxious liquid,F,(8) n.o.s.(trade name…,contains…)S.T.2, Cat. B, mp =(=, 15=(°C B Noxious liquid,N.F,(9) n.o.s. (trade name…,contains…)S.T.3, Cat. A A 0.1 ).05 Noxious liquid.F,(10) n.o.s. (trade name…,contains…)S.T.3, 0.10.05 Cat. A A Noxious liquid,N.F,(11) n.o.s. (trade name…,contains…)S.T.3, Cat. B B Noxious liquid,N.F,(12) n.o.s. (trade name…,contains…)S.T.3, Cat. B, mp =(= 15=(°C B Noxious liquid,F,(13) n.o.s. (trade name…,contains…)S.T.3, Cat. B B Noxious liquid,F,(14) n.o.s. (trade name…,contains…)S.T.3, Cat. B, mp =(= 15=(°C B Noxious liquid,N.F,(15) n.o.s. (trade name…,contains…)S.T.3, Cat. C C Noxious liquid,F,(16) n.o.s. (trade name…,contains…)S.T.3, C Cat. C Noxious liquid,(17) n.o.s. (trade name…,contains…)Cat D D Noxious liquid,(18) n.o.s. (trade name…,contains…)App.III III
Signed by authority of the Secretary of State for Transport
Patrick McLoughlin
Parliamentary Under Secretary of State,
Department of Transport
19th December 1990


text:
1
The A41 London - Birmingham Trunk Road (Kings Langley Bypass) Order 1985 is hereby amended so that for each length of new highway referred to in that order and described in an item in column 2 of the Table below there is substituted the length of new highway described in that item in column 3 of that Table.
Table
1 2 3 Item No Length of new highway in the principal order Length of new highway which becomes a trunk road by virtue of this order
1 The roundabout proposed at the junction of the original route with the trunk road The route marked Amendment No 1 on the No 2 deposited plan 2 That much of the original route which extends from a point about 90 metres south-east of where it crosses Old Fishery Lane, southeast-wards for a distance of about 350 metres The route marked Amendment No 2 on the No 2 deposited plan 3 That much of the original route which extends from a point about 60 metres south of where it crosses Featherbed Lane north-westwards for a distance of about 400 metres and the roundabout proposed at the junction between the original route and the original route of the link road The route marked Amendment No 3 on the No 2 deposited plan 4 That much of the original route of the link road which extends from its junction with the main new trunk road eastwards for a distance of about 430 metres The route marked Amendment No 4 on the No 2 deposited plan 5 That much of the original route of the link road which extends from its junction with the trunk road southwards for a distance of about 100 metres and the roundabout proposed at its junction with the trunk road The route marked Amendment No 5 on the No 2 deposited plan 6 That much of the original route which extends from a point about 140 metres southeast of where it crosses Barnes Lane southeast-wards for a distance of about 1060 metres and the roundabout proposed at its junction with Chipperfield Road The route marked Amendment No 6 on the No 2 deposited plan
2
The new highways which the Secretary of State proposes to construct: —
a
as specified in column 3 of the Table in article 1 above; and
b
as described in the Schedule to this order
shall become trunk roads as from the date on which this order comes into force.
3
1
Each of the lengths of the new highways described in column 2 of the Table in article 1 above is shown by broad striped hatching on the No 2 deposited plan.
2
The centre line of each of the lengths of the new highways referred to in article 2 above is shown by a heavy black line on the No 2 deposited plan.
4
The Secretary of State directs that as respects any part of a highway that crosses the route of any of the new trunk roads referred to in article 2 above that: —
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain that part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purposes of through traffic.
5
The heavy black lines showing the lengths of the new highways described in column 2 of the Table in article 1 above on the deposited plan as defined in article 4(2)(i) of the principal order shall be deemed to be omitted from that plan.
6
In this Order: —
1
All measurements of distance are measured along the route of the relevant highway;
2
i
“the No 2 deposited plan” means the plan numbered HA10/2E/286 marked “The A41 London — Birmingham Trunk Road (Kings Langley Bypass) Order 1985 Amendment Order and New Trunk Roads Order 1990”, signed by the authority of the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY.
ii
“the original route” means the route of the new road described in Schedule 1 to the principal order;
iii
“the original route of the link road” means the route of the new road described in Schedule 2 to the principal order;
iv
“the principal order” means the A41 London-Birmingham Trunk Road (Kings Langley Bypass) Order 1985;
v
“the main new trunk road” means the trunk road to be constructed in pursuance of article 1 to the principal order and this order;
vi
“the link road” means the trunk road to be constructed in pursuance of article 1 to the principal orderand this order;
vii
“the new trunk roads” means the highways mentioned in article 2(b) of this order and described in the Schedule to this order; and
viii
“the trunk road” means the London — Birmingham Trunk Road (A41).
7
This Order shall come into force on 16th March 1990 and may be cited as the A41 London - Birmingham Trunk Road (Kings Langley Bypass) Order 1985 Amendment Order and New Trunk Roads Order 1990.
Signed by authority of the Secretary of State for Transport
Peter Emms
Regional Director Eastern Region
Department of Transport
15th February 1990


text:
1
This Order may be cited as the Merchant Shipping (Prevention and Control of Pollution) Order 1990 and shall come into force on 1st January 1991.
2
The Merchant Shipping (Prevention and Control of Pollution) Order 1987 is hereby amended by adding to article 3(1)(a), after “as amended” the words “and as further amended by the Marine Environment Protection Committee of the International Maritime Organization on 17th March 1989”.
3
1
The Secretary of State may make regulations for the prevention of pollution by harmful substances carried by sea in packaged form for the purpose of giving effect to the provisions of Annex III to the Convention.
2
Such regulations may in particular include provisions —
a
with respect to the approval of documents and carrying out of surveys and inspections, and for the issue, duration and recognition of certificates and the payment in connection with such a survey, inspection or certificate of fees of amounts determined with the approval of the Treasury;
b
with respect to the application of the regulations to the Crown and the extra-territorial operation of the regulations;
c
for the extension of any provision of this Order or of the regulations, with or without modification, to any of the Channel Islands, the Isle of Man, any colony and any country or place outside Her Majesty’s dominions in which Her Majesty has jurisdiction in right of the government of the United Kingdom;
d
that specified contraventions of the regulations shall be offences punishable on summary conviction by a fine not exceeding the statutory maximum and on conviction on indictment by imprisonment for a term not exceeding two years and a fine;
e
that specified contraventions shall be offences punishable only on summary conviction by a maximum fine not exceeding level 5 on the standard scale or such less amount as is prescribed by the regulations;
f
for detaining any ship in respect of which such a contravention is suspected to have occurred and, in relation to such a ship for applying section 692 of the Merchant Shipping Act 1894 (which relates to the detention of a ship) with such modifications, if any, as are prescribed by the regulations.
3
Such regulations may —
a
make different provisions for different circumstances;
b
provide for exemptions from any provisions of the regulations;
c
provide for the delegation of functions exercisable by virtue of the regulations; and
d
include such incidental, supplemental and transitional provisions as appear to the Secretary of State to be expedient for the purposes of the regulations.
4
The Statutory Instruments Act 1946 shall apply to regulations made under this Order, and shall so apply as if such regulations were a statutory instrument.
G. I. de Deney
Clerk of the Privy Council


text:
1
1
This Order may be cited as the Electricity Act 1989 (Commencement No. 2) Order 1990.
2
In this Order “ the Act ” means the Electricity Act 1989.
2
Section 85 of the Act shall come into force on 1st March 1990.
3
The following provisions of the Act shall come into force on 31st March 1990 —
a
the provisions specified in Schedule 1 to this Order;
b
section 112(4) except insofar as it relates to the provisions specified in Schedule 2 to this Order, and Schedule 18 except for those provisions; and
c
Schedule 17, except for paragraph 3(b) and the word “and” immediately preceding it.
John Wakeham
One of Her Majesty’s Principal Secretaries of State
29th January 1990


text:
1
The new highway which the Secretary of State proposes to construct along the route described in the Schedule to this Order shall become a trunk road as from the date when this Order comes into force.
2
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk road that —
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purposes of through traffic.
4
In this Order —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the deposited plan” means the plan numbered RSE A23/2/65/2/10, marked “The London — Brighton Trunk Road (A23 Bolney Flyover Slip Roads) Order 1990”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the new trunk road” means the highway mentioned in article 1 of this Order; and
iii
“the Trunk Road” means the London — Brighton Trunk Road (A23).
5
This Order shall come into force on 19th November 1990 and may be cited as the London — Brighton Trunk Road (A23 Bolney Flyover Slip Roads) Order 1990.
Signed by authority of the Secretary of State for Transport
J. W. Fellows
Regional Director South East Region
Department of Transport
12th October 1990