text:
1
1
These Rules may be cited as the Local Elections (Principal Areas) (Amendment) Rules 1990.
2
These Rules do not extend to Scotland or Northern Ireland.
3
These Rules shall come into force on 3rd March 1990 except that —
a
rule 4(8)(b) shall only apply in respect of an election with respect to which section 1 of the Local Government and Housing Act 1989 has effect;
b
rules 4(10) and (11)(b) and (c), 5(16) and (17) and 6(8) and (9) shall not apply in respect of an election if the date by which notice of election for that election is required to be published preceded that day; and
c
rules 2, 3, 4(3) to (7), (8)(a), (9), (10)(a) and (12), 5(2) to (5), (6)(a), (7), (8), (9)(a) and (c), (10) to (15) and (18) and 6(2), (3), (5)(b), (6) and (10) shall come into force on 1st April 1990.
2
For rule 4 of the Local Elections (Principal Areas) Rules 1986 there shall be substituted the following rule–
4
In these Rules, “principal area” means a county, district or London borough.
.
3
In rules 5 and 6 of the Local Elections (Principal Areas) Rules 1986 the words “or (3AA)” shall be omitted.
4
1
The rules in Schedule 2 to the Local Elections (Principal Areas) Rules 1986 (rules for conduct of principal area elections) shall be amended as follows.
2
In rule 7(7) (decisions as to validity of nomination papers) the word “paper” shall be omitted.
3
In rule 15(2) (the official mark) the words “or the Inner London Education Area” shall be omitted.
4
Paragraph (3) of rule 17 (use of schools and public rooms) shall be omitted.
5
In rule 46 (delivery of documents)–
a
the words “Subject to paragraph (2) below)” in paragraph (1), and
b
paragraph (2),
shall be omitted.
6
In rule 49(1) (countermand or abandonment of poll on death of candidate) the words “or (1A)” shall be omitted.
7
In the Appendix of forms, in the form of nomination paper–
a
the words “*ELECTION OF MEMBERS/A MEMBER OF THE INNER LONDON EDUCATION AUTHORITY for the … electoral division of the Inner London Education Area” shall be omitted; and
b
in note 4 the words “or in the Inner London Education Area” shall be omitted.
8
In the Appendix of forms, in the form of a candidate’s consent to nomination–
a
the words “*member of the Inner London Education Authority” and “*or for the Inner London Education Area” shall be omitted, and
b
after the words “printed overleaf” there shall be added the words “and I do not hold a politically restricted post, within the meaning of Part I of the Local Government and Housing Act 1989 , under a local authority, within the meaning of that Part.”.
9
In the Appendix of forms, in the form of the back of the ballot paper, the words “[Inner London Education Area]” shall be omitted.
10
In the Appendix of forms, in the form of declaration of identity–
a
in the front of the form–
i
the words “(or mark)” and “(or marked)” shall be omitted, and
ii
for the words “(CAPITAL LETTERS)” in both places where they occur, there shall be substituted the words “(WRITE CLEARLY)”; and
b
in the back of the form–
i
in paragraph 1, the words “(or mark)” shall be omitted, and
ii
in paragraph 4, the words “, in order to be counted,” shall be omitted.
11
In the Appendix of forms, in the form of elector’s official poll card–
a
in the front of the card the words “[Inner London Education Authority]” shall be omitted;
b
for the first paragraph on the back of the card there shall be substituted–
This card is for information only. You can vote without it, but it will save time if you take it to the polling station and show it to the clerk there.
; and
c
for the fifth paragraph on the back of the card there shall be substituted–
The ballot paper tells you how many candidates you may vote for. Do not vote for more than that number. Put no other mark on the ballot paper, or your vote may not be counted.
.
12
In the Appendix of forms, in the form of proxy’s official poll card the words “[Inner London Education Authority]” shall be omitted from the front of the card.
5
1
Schedule 3 to the Local Elections (Principal Areas) Rules 1986 (modification of elections rules for combined district council and parish or community council elections and combined London borough council and Inner London Education Authority elections) shall be amended as follows; and the words “or (3AA)” shall be omitted from the heading to the Schedule.
2
In the provisions added to rule 22 by paragraph 3 of that Schedule, paragraph (6) shall be omitted.
3
In the provision inserted in rule 23 by paragraph 4 of that Schedule, sub-paragraph
b
and the word “or” immediately preceding it shall be omitted.
4
In the provision substituted by paragraph 5 of that Schedule, the words “or London borough” and “or in the case of the Inner London Education Authority, that Authority” shall be omitted.
5
In paragraph 7 of that Schedule, for the words from “after” to the end of the paragraph there shall be substituted the words “after the words “at this” there shall be inserted the word “district””.
6
In the provisions added to rule 31 by paragraph 8 of that Schedule–
a
paragraph (4) shall be omitted, and
b
in paragraph (5) after the words “paragraph (1)(d) above” there shall be inserted the words “or in the list of proxies under paragraph (1)(e) above” and before the words “so as to identify” there shall be inserted the words “or, as the case may be, list”.
7
In rule 37(1A) as inserted by paragraph 13 of that Schedule, the words “or, in the case of London borough council and Inner London Education Authority elections, this rule” shall be omitted.
8
In paragraph (1) of rule 38, as substituted by paragraph 14(2) of that Schedule, the words from “In the application” to the end of that paragraph (1) shall be omitted.
9
In paragraph (1) of rule 39, as substituted by paragraph 15(2) of that Schedule–
a
in sub-paragraphs (d) and (e) for the words “parish, community or London borough” there shall be substituted the words “parish or community”,
b
in sub-paragraph (g) after the word “deliver” there shall be inserted the words “or cause to be delivered”, and
c
the words from “In the application” to the end of that paragraph (1) shall be omitted.
10
In paragraph (2) of rule 39, as substituted by paragraph 15(2) of that Schedule, the words “or Inner London Education Authority” shall be omitted.
11
Paragraph (2A) of rule 39, as substituted by paragraph 15(2) of that Schedule shall be omitted.
12
Paragraph 17 of that Schedule shall be omitted.
13
For the provision added by paragraph 18(a) of that Schedule there shall be substituted the following–
Provided that neither the countermand of the poll at the district council election nor the direction that that poll be abandoned shall affect the poll at the parish or community council election.
.
14
In paragraph (2) of rule 49, as substituted by paragraph 18(b) of that Schedule–
a
for sub-paragraphs (a), (b) and (c) there shall be substituted the words “district council”;
b
for the words from “(i) parish” to “election, respectively,” there shall be substituted the words “parish or community council election”, and
c
for the words “election referred to in sub-paragraphs (a), (b) or (c) above”, in both places where they occur, there shall be substituted the words “district council election”.
15
In paragraph (2A) of rule 49, as substituted by paragraph 18(b) of that Schedule–
a
for the words “election referred to in sub-paragraph (a), (b) or (c) of paragraph (2) above” there shall be substituted the words “district council election”;
b
for the words “election referred to in sub-paragraph (i), (ii) or (iii) of that paragraph” there shall be substituted the words “parish or community council election”, and
c
for the words “election referred to in sub-paragraph (a), (b) or (c) in that paragraph” there shall be substituted the words “district council election”.
16
In the form set out in paragraph 19(2) of that Schedule–
a
in the front of the form–
i
the words “(or mark)” and “(or marked)” shall be omitted, and
ii
for the words “(CAPITAL LETTERS)” in both places where they occur, there shall be substituted the words “(WRITE CLEARLY)”; and
b
in the back of the form–
i
in paragraph (1) the words “(or mark)” shall be omitted;
ii
in the final sentence of paragraph 2, for the words “paper, or your vote” there shall be substituted the words “papers, or your votes”;
iii
in the first sentence of paragraph 3, for the words “the ballot” there shall be substituted the words “each ballot”, and
iv
in the final sentence of paragraph 4, the words “, in order to be counted,” shall be omitted.
17
In the form set out in paragraph 19(3) of that Schedule–
a
in the front of the form–
i
the words “(or mark)” and “(or marked)” shall be omitted, and
ii
for the words “(CAPITAL LETTERS)” in both places where they occur, there shall be substituted the words “(WRITE CLEARLY)”; and
b
in the back of the form–
i
in paragraph 1 the words “(or mark)” and “(or marked)” shall be omitted, and
ii
for paragraph 4 there shall be substituted the following paragraph–
4
Different colours are used for the ballot papers for each election. Each ballot paper has its own ballot paper envelope (the smaller envelope marked “A”), declaration of identity and covering envelope (the larger envelope marked “B”). The covering envelope and declaration of identity for a particular ballot paper are those which refer to the colour of that ballot paper. It is important that you use the correct envelopes and declaration of identity, otherwise your vote may not be counted. You may find it helpful to sort the documents into separate sets, each consisting of a ballot paper, ballot paper envelope, declaration of identity and covering envelope. Then proceed as follows:
a
place each ballot paper in the correct smaller envelope and seal it;
b
put that envelope, together with the correct declaration of identity, in the correct covering envelope and seal it;
c
return the covering envelopes without delay. Ballot papers must be received by the returning officer not later than the close of the poll.
.
18
For the provision inserted by paragraph 21(a) of that Schedule there shall be substituted the following–
and the election now being held in this *parish/*parish ward/*community/*community ward (*delete whichever is inappropriate)
.
6
1
Schedule 4 to the Local Elections (Principal Areas) Rules 1986 (modification of elections rules for combined polls under section 15(1) or (2) of the Representation of the People Act 1985 shall be amended as follows.
2
In the provision substituted by paragraph 6 of that Schedule, the words “or in the case of the Inner London Education Authority, that Authority” shall be omitted.
3
In the words inserted by paragraph 8 of that Schedule, the words “*[the Inner London Education Authority]” shall be omitted.
4
In the provision added by paragraph 9 of that Schedule, after the words “paragraph (1)(d) above” there shall be inserted the words “or in the list of proxies under paragraph (1)(e) above” and before the words “so as to identify” there shall be inserted the words “or, as the case may be, list”.
5
In paragraph (1) of rule 39, as substituted by paragraph 18 of that Schedule–
a
in sub-paragraph (g) after the word “deliver” there shall be inserted the words “or cause to be delivered”, and
b
at the end of that paragraph (1) the words “or Inner London Education Authority and London borough council” shall be omitted.
6
In paragraph (2) of rule 39, as substituted by paragraph 18 of that Schedule, after the words “district council” there shall be inserted the words “or, as the case may be” and the words “or, as the case may be, Inner London Education Authority” shall be omitted.
7
In paragraph (2A)(a) of rule 39, as substituted by paragraph 18 of that Schedule, before the words “open each” there shall be inserted the words “in the presence of the counting agents”.
8
In the form set out in paragraph 21(2) of that Schedule–
a
in the front of the form–
i
the words “(or mark)” and “(or marked)” shall be omitted, and
ii
for the words “(CAPITAL LETTERS)” in both places where they occur, there shall be substituted the words “(WRITE CLEARLY)”; and
b
in the back of the form–
i
in paragraph 1 the words “(or mark)” shall be omitted;
ii
in the final sentence of paragraph 2, for the words “paper, or your vote” there shall be substituted the words “papers, or your votes”;
iii
in the first sentence of paragraph 3, for the words “the ballot” there shall be substituted the words “each ballot”, and
iv
in the final sentence of paragraph 4, the words “, in order to be counted,” shall be omitted.
9
In the form set out in paragraph 21(3) of that Schedule–
a
in the front of the form–
i
the words “(or mark)” and “(or marked)” shall be omitted, and
ii
for the words “(CAPITAL LETTERS)” in both places where they occur, there shall be substituted “(WRITE CLEARLY)”, and
b
in the back of the form–
i
the words “(or mark)” and “(or marked)” shall be omitted, and
ii
for paragraph 4 there shall be substituted the following paragraph–
4
Different colours are used for the ballot papers for each election. Each ballot paper has its own ballot paper envelope (the smaller envelope marked “A”), declaration of identity and covering envelope (the larger envelope marked “B”). The covering envelope and declaration of identity for a particular ballot paper are those which refer to the colour of that ballot paper. It is important that you use the correct envelopes and declaration of identity, otherwise your vote may not be counted. You may find it helpful to sort the documents into separate sets, each consisting of a ballot paper, ballot paper envelope, declaration of identity and covering envelope. Then proceed as follows:
a
place each ballot paper in the correct smaller envelope and seal it;
b
put that envelope, together with the correct declaration of identity, in the correct covering envelope and seal it;
c
return the covering envelopes without delay. Ballot papers must be received by the returning officer not later than the close of the poll.
.
10
In the provision inserted by paragraph 24 of that Schedule, the words “/*Inner London Education Authority” shall be omitted.
7
Paragraph (7) of rule 2 of the Local Elections (Principal Areas) (Amendment) Rules 1987 (amendment of form of elector’s official poll card) shall be omitted.
David Waddington
One of Her Majesty’s Principal Secretaries of State
Home Office
5th February 1990


type: legislation

jurisdiction: UK

text:
1
The Hampshire (Minley Interchange) (M3) Motorway Scheme 1989 is hereby confirmed with modifications.
2
The said Scheme as confirmed (hereinafter referred to as “the Scheme”) is set out in the Schedule hereto and copies of the Scheme with its accompanying plan are deposited at the offices of the Department of Transport, 43 Marsham Street, London SW1 3PY and at the offices of the County Council of Hampshire at the County Secretary’s Department, The Castle, Winchester, Hampshire.
3
The Scheme will come into force on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
4
This Instrument may be cited as the Hampshire (Minley Interchange) (M3) Motorway Scheme 1989 Confirmation Instrument 1990.
Signed by authority of the Secretary of State for Transport
J. A. Owen
Regional Director Northern Regional Office
Department of Transport
5th December 1990


text:
Citation and commencement
1
This Order may be cited as the Annual Close Time (River Tay Salmon Fishery District) Order 1990 and shall come into force on 16th October 1990.
Period within the annual close time for salmon fishing by rod and line
2
For the part of the River Tay salmon fishery district specified in the Schedule to this Order, the period within the annual close time (the dates of which are, by virtue of the provisions referred to in section 6(2)(b) of the Salmon Act 1986, 21st August to 4th February) when it is permitted to fish for and take salmon by rod and line is prescribed as the period from 21st August to 31st October, both dates inclusive.
A MacLeod
Assistant Secretary, Scottish Office
Department of Agriculture and Fisheries for Scotland,
Pentland House,
Edinburgh
10th October 1990


text:
Citation and commencement
1
This Order may be cited as the Authorities for London Post-Graduate Teaching Hospitals (Constitution) Order 1990 and shall come into force on 17th September 1990.
Interpretation
2
In this Order unless the context otherwise requires —
“Authority” means a special health authority continued in being under article 3 of this Order;
“the relevant institute or medical school” in relation to an Authority means the institute or medical school specified in column (1) of Schedule 1 to this Order in relation to that Authority as specified in column (2) of that Schedule.
Continuation of Authorities
3
The special health authorities specified in column (1) of Schedule 2 to this Order shall continue to be established and to be known by the names specified in that column.
Functions of Authorities
4
Each Authority shall perform on behalf of the Secretary of State —
a
such functions relating to the management of any hospital specified in column (2) of Schedule 2 to this Order in relation to its name, or relating to services provided in connection with any such hospital, as he may direct; and
b
such other functions as he may direct.
Constitution of Authorities
5
1
Each Authority shall have a chairman and officer and non-officer members, that is to say members who, subject to article 8 of this Order, respectively are and are not officers of the Authority.
2
Each Authority except the Eastman Dental Hospital shall have a chairman, six non-officer members and not more than six officer members.
3
The Eastman Dental Hospital shall have a chairman, five non-officer members and not more than five officer members.
The non-officer members
6
The non-officer members of an Authority shall include —
a
a person who holds a post in the relevant institute or medical school; and
b
a person who, in the opinion of the Secretary of State, is either a medical or dental practitioner of consultant status in an activity undertaken in a hospital managed by the Authority, or can suitably represent activities of national significance undertaken at a hospital managed by the Authority but who in either case is not employed by the Authority, the relevant institute or medical school or by the University of London.
The officer members
7
The officer members of an Authority shall include —
a
the chief officer of the Authority;
b
the chief finance officer of the Authority;
c
a medical practitioner or dental practitioner of consultant status;
d
except in the case of the Eastman Dental Hospital, the chief nursing officer of the Authority.
Persons to be regarded as non-officers
8
Where a person —
a
holds a post in the relevant institute or medical school, and
b
would also, apart from this article, be regarded as an officer of an Authority,
his employment as an officer of the Authority shall not prevent him being appointed as a non-officer member of that Authority.
Remuneration of non-officer members
9
The Authorities are specified for the purposes of paragraph 9(7)(b) of Schedule 5 to the National Health Service Act 1977.
Admission to meetings
10
The Public Bodies (Admission to Meetings) Act 1960 shall apply to each Authority.
Joint consultative committees
11
The Secretary of State may appoint any person who has been nominated by an Authority to a joint consultative committee, or a sub-committee, within the meaning of section 22 of the National Health Service Act 1977.
Revocation of Orders
12
The Orders specified in Schedule 3 to this Order are hereby revoked.
Signed by authority of the Secretary of State for Health
Virginia Bottomley
Minister of State for Health
24th July 1990


text:
1
1
This Order may be cited as the Fixed Penalty (Increase) Order 1990 and shall come into force on 1st April 1990.
2
This Order applies in relation to a fixed penalty offence alleged to be committed on or after 1st April 1990.
3
This Order shall not extend to Scotland.
2
For the amount of £24 specified in paragraph (a) of subsection (2) of section 53 of the Road Traffic Offenders Act 1988 there shall be substituted the amount of £32 and for the amount of £12 specified in paragraph (b) of that subsection there shall be substituted the amount of £16.
Home Office
David Waddington
One of Her Majesty’s Principal Secretaries of State
23rd February 1990


text:
Citation and commencement
1
These Regulations may be cited as the Social Security Benefit (Persons Abroad) Amendment (No. 2) Regulations 1990 and shall come into force on the 6th April 1990.
Rate of guaranteed minimum pension for the purposes of section 29 of the Pensions Act
2
1
The Social Security Benefit (Persons Abroad) Regulations 1975 shall be amended in accordance with this regulation.
2
In regulation 1(2) (interpretation) after the definition of “the former Widow’s Benefit and Retirement Pensions Regulations” there shall be inserted the following definition:
“guaranteed minimum pension” has the meaning given to it in section 26(2) of the Social Security Pensions Act 1975 as construed in accordance with section 9 of the Social Security Act 1986 ;
.
3
In regulation 5(2) (application of disqualification in respect of up-rating of benefit) after the words “In this regulation” there shall be added the words “and in regulation 5A”.
4
After regulation 5 there shall be inserted the following regulation:
Rate of guaranteed minimum pension for the purposes of section 29 of the Pensions Act
5A
Where a person is absent from Great Britain and disqualified for receiving additional Category A or Category B retirement pension, additional widowed mother’s allowance or additional widow’s pension then —
a
the rate of guaranteed minimum pension shall for the purposes only of section 29(1) of the Pensions Act be determined in his case as if any Order under section 37A of the Pensions Act which came into force while he was disqualified had instead come into force on the first day on which he ceased to be disqualified, and
b
so long as the person is disqualified, section 37A(7) shall apply to him as if the reference to section 29(1) were omitted.
Signed by authority of the Secretary of State for Social Security
Gillian Shephard
Parliamentary Under-Secretary of State,
Department of Social Security
15th March 1990


text:
1
1
This Order may be cited as the Supreme Court Fees (Amendment) Order 1990 and shall come into force on 1st September 1990.
2
The Supreme Court Fees Order 1980 shall be amended in accordance with the following provisions of this Order and in those provisions a fee referred to by number means the fee so numbered in the Schedule to the said Order of 1980.
2
In Fee No. 1 for the figure “60.00” in column 2 there shall be substituted the figure “70.00”.
3
In Fee No. 12 for the figure “6.00” in column 2 there shall be substituted the figure “10.00”.
4
In Fee No. 13 for the figure “15.00” in column 2 there shall be substituted the figure “17.00”.
5
In Fee No. 14 for the figure “15.00” in column 2 there shall be substituted the figure “17.00”.
6
In Fee No. 23(a) and (b) for the figures “3.00” and “0.75” in column 2 there shall be substituted the figures “3.50” and “1.00” respectively.
7
For Fee No. 26(a) there shall be substituted the following —
26(a
On lodging with the Marshal a warrant of arrest under Order 75, rule 5
60 The warrant.
8
Fee No. 26(b) shall be subject to a minimum of £200 and accordingly after the words “exceeding £100,000,” there shall be inserted on a new line the words “(subject to a minimum fee of £200),”.
9
In Fee No. 27(a)(i) and (ii) for the figures “25.00” and “30.00” in column 2 there shall be substituted the figures “75.00” and “100.00” respectively.
10
In Fee No. 27(b) for the figure “15.00” in column 2 there shall be substituted the figure “30.00”.
11
In Fee No. 27(c) for the figure “15.00” in column 2 there shall be substituted the figure “50.00”.
Mackay of Clashfern, C.
Dated 10th July 1990
Lane, C.J.
Donaldson of Lymington, M.R.
Stephen Brown, P.
N. Browne-Wilkinson, V-C.
Dated 13th July 1990
Thomas Sackville
Kenneth Carlisle
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 18th July 1990


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Mount Vernon Hospital 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;
“establishment date” means 21st December 1990;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Mount Vernon Hospital National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Mount Vernon Hospital National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to own and manage hospital accommodation and services at the Mount Vernon Hospital, Northwood, Middlesex HA6 2RN including the management of its research facilities.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 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 Hillingdon 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 Hillingdon 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 Hillingdon 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:
This Order may be cited as the Sussex Police (Amalgamation) (Amendment) Order 1990.
David Waddington
One of Her Majesty’s Principal Secretaries of State
Home Office
26th March 1990


text:
1
This Order may be cited as the Landlord and Tenant Act 1954 (Appropriate Multiplier) Order 1990 and shall come into force on 1st April 1990.
2
In this Order references to section 37 are references to section 37 of the Landlord and Tenant Act 1954 and references to the 1989 Act are to the Local Government and Housing Act 1989.
3
Where the date which (apart from paragraph 4 of Schedule 7 to the 1989 Act) is relevant for determining the rateable value of the holding under section 37(5) is before 1st April 1990, the appropriate multiplier for the purposes of section 37(2) is 3.
4
Where the date which (apart from paragraph 4 of Schedule 7 to the 1989 Act) is relevant for determining the rateable value of the holding under section 37(5) is on or after 1st April 1990, the appropriate multiplier for the purposes of section 37(2) is —
a
1, except in a case specified in (b) below, and
b
8 in a case where section 37 has effect with the modification specified in paragraph 4(2) of Schedule 7 to the 1989 Act.
5
The Landlord and Tenant Act 1954 (Appropriate Multiplier) Order 1984 is hereby revoked.
Chris Patten
Secretary of State for the Environment
26th February 1990
Peter Walker
Secretary of State for Wales
26th February 1990


text:
1
These Regulations may be cited as the Rent Book (Forms of Notice) (Amendment) Regulations 1990 and shall come into force on 12th June 1990.
2
The forms in the Schedule to the Rent Book (Forms of Notice) Regulations 1982 are amended as follows —
a
in paragraph 11 of the forms in Parts I and III , paragraph 13 of the form in Part II and paragraph 8 of the form in Part IV omit “and rates”;
b
in paragraph 9 of the form in Part I for the words from “Full” to “11” substitute “Details of these rules are given in the Department of the Environment and Welsh Office booklets” Letting rooms in Your Home “and” Notice That You Must Leave “, nos. 22 and 24”;
c
in paragraph 9 of the form in Part II for “” Notice to Quit “, nos. 7 and 11” substitute “” Notice That You Must Leave “, nos. 25 and 22”; and
d
in the form in Part III —
i
in paragraph 9 for the words from “booklet” to “1976 .” substitute “Department of the Environment and Welsh Office booklet” Agricultural Lettings “, no. 23 in the series of housing booklets.”; and
ii
in paragraph 10 for “cottage” substitute “property on 31st March 1990. If your property had no rateable value on that date, the provisional rent can be based, broadly, on the property’s letting value”.
Chris Patten
Secretary of State for the Environment
9th May 1990
David Hunt
Secretary of State for Wales
11th May 1990


text:
1
This Order may be cited as the Collision Regulations (Seaplanes) (Amendment) Order 1990 and shall come into force on 15th March 1990: Provided that it shall not come into force in relation to any seaplane until noon on that day by the zone time in the area in which the seaplane is situated.
2
The Collision Regulations (Seaplanes) Order 1989 shall be amended by substituting the following paragraphs for paragraphs 3 and 4 of the Schedule:
3
In paragraph (b), sub-paragraph (i), after the words “Notice to Mariners No. 17” there shall be inserted the words “of 1989”.
4
In paragraph (b), the following shall be substituted for sub-paragraph (ii):
ii
“Notice to Mariners No. 17 of 1989” means Notice to Mariners No. 17 in the annual summary of Admiralty Notices to Mariners 1989.
.
G. I. de Deney
Clerk of the Privy Council


text:
1
The Fees appearing in the Schedule to this Order are established. The tables of the Schedule contain particulars of the Annual Fees which are to be received, after the commencement of this Order, by the legal officers named in Table I of the Schedule (hereinafter referred to as “Table I”) in respect of the carrying out by them of the duties of their offices specified in the Appendix hereto (hereinafter referred to as “the Appendix”) and by the legal officers named in Table II of the Schedule in respect of the carrying out by them of the duties of their offices.
2
The Fees established and set out in the second column of Table I of the Schedule are to be paid by the diocesan board of finance. The Fees established and set out in the third column of the Table I and in Table II of the Schedule are the liability of the diocesan bishop or archbishop, subject to the provisions of section 8 of the Ecclesiastical Fees Measure 1986.
3
The Fees established and set out in Tables I and II of the Schedule to the Legal Officers (Annual Fees) Order 1989 shall no longer be payable.
4
The diocesan registrar shall perform the duties and provide the professional services set forth in the Appendix in consideration of the annual fee set out in Table I to this Order for his diocese and shall not be entitled to receive any other remuneration for such duties or services save as provided by this order.
5
a
Subject to the provisions of this paragraph nothing in this Order shall preclude a diocesan board of finance from agreeing to pay an additional fee to a diocesan registrar by way of annual fee or retainer (hereinafter called a “supplementary annual fee”) which is in addition to the annual fee payable under Table I.
b
An agreement made under sub-paragraph (a) above shall be expressed to be an agreement for a payment by way of supplementary annual fee.
c
An agreement made under sub-paragraph (a) above shall be in writing. The period for which the agreement is to run shall be stated in the agreement. In the absence of any such statement the agreement shall remain binding until determined by not less than three months' notice on either side.
d
The body responsible for paying a supplementary annual fee shall be the diocesan board of finance.
6
A fee specified in the Schedule to this Order may be increased by a sum for reasonable expenses of travel, subsistence and accommodation.
7
Where Value Added Tax is chargeable in respect of the provision of any service for which a fee is prescribed in this Order (including any fee specified in paragraph 4 of the Appendix) there shall be payable in addition to that fee the amount of the Value Added Tax.
8
This Order may be cited as the Legal Officers (Annual Fees) Order 1990 and shall come into operation on the first day of January 1991.
R. B. Gibson
A. Black
T. A. C. Coningsby
D. Lovelock
B. M. M. O'Connor
Dated this sixth day of June 1990
Derek Pattinson
Secretary General
Approved by the General Synod the 9th day of July 1990


text:
Citation and commencement
1
These rules may be cited as the Land Registration (Execution of Deeds) Rules 1990 and shall come into force on 31st July 1990.
New form 19
2
Form 19 in the Schedule to these rules shall be substituted for Form 19 in the Schedule to the Land Registration Rules 1925 .
Mackay of Clashfern, C.
Dated 23rd April 1990


text:
1
This Order may be cited as the Copyright, Designs and Patents Act 1988 (Isle of Man) Order 1990 and shall come into force on 13th August 1990.
2
The following provisions of the Copyright, Designs and Patents Act 1988 shall extend to the Isle of Man subject to the exceptions and modifications specified in the Schedule to this Order —
a
section 272, so far as it relates to paragraph 21 of Schedule 3, and that paragraph (registered designs : minor and consequential amendments);
b
section 273 and Schedule 4 (text of Registered Designs Act 1949 as amended);
c
Part V (patent agents and trade mark agents);
d
paragraph 27 of Schedule 5 (patents : miscellaneous amendments).
3
Section 303(2) of and Schedule 8 to the Copyright, Designs and Patents Act 1988 shall extend to the Isle of Man so far as they relate to the repeal of —
a
section 32 of the Registered Designs Act 1949, and
b
the following provisions of the Patents Act 1977 —
i
sections 84 and 85;
ii
section 104;
iii
in section 105, the words “within the meaning of section 104 above”;
iv
sections 114 and 115;
v
section 123(2)(k), and
vi
in section 130(1), the definition of “patent agent”.
G. L de Deney
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Food Protection (Emergency Prohibitions) Amendment (No. 2) Order 1990 and shall come into force on 4th June 1990.
Partial revocation and amendment
2
The Food Protection (Emergency Prohibitions) Order 1989 is revoked to the extent that it imposes prohibitions on–
a
the slaughter of any sheep which was moved from any place in accordance with a consent given under section 2(1) of the Food and Environment Protection Act 1985 on or before 14th January 1990 which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark; and
b
the supply or having in possession for supply of meat, or food containing meat, derived from any sheep described in paragraph (a) of this article,
and accordingly that Order is amended in accordance with the following provisions of this Order.
3
In article 6, for paragraph (2), there shall be substituted the following paragraph:–
2
Paragraph (1) above shall not apply in the case of–
a
any sheep which was moved from any place in accordance with a consent given under section 2(1) of the said Act which consent did not require that the sheep to which it applies should be marked;
b
any sheep which was moved from any place in accordance with a consent given on or before 30th July 1989 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark;
c
any sheep which was moved from any place in accordance with a consent given on or before 1st October 1989 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a green mark;
d
any sheep which was moved from any place in accordance with a consent given on or before 14th January 1990 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark;
e
any sheep which–
i
was moved from any place in accordance with a consent given under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a red mark, or
ii
was moved from any place in accordance with a consent given on or after 15th January 1990 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark,
and which in any case has been examined and marked with an ear-tag by a person authorised in that behalf by one of the Ministers.
.
N.E. Sharp
Assistant Secretary, Scottish Office
St. Andrew’s House,
Edinburgh
24th May 1990


text:
Citation and commencement
1
These rules may be cited as the Land Registration Rules 1990 and shall come into force on 2nd April 1990.
Interpretation
2
1
In these rules, unless the context otherwise requires:
“credit account” means an account authorised by the registrar under Article 14(1) of the Land Registration Fee Order 1990 ;
“designated plan” means a plan which is a copy or extract from the Ordnance Map at the largest scale published for the area in which the land to which it relates is situated, such plan to have a length no greater than 298 mm and a width no greater than 210 mm (A4 paper size);
“dwelling” means a building or part of a building occupied or intended to be occupied as a separate dwelling, together with any yard, garden, outhouse and garage belonging to it;
“parcel of land” means all or any part of:
a dwelling; or
any other land which is separately occupied or if not separately occupied, in separate ownership; and for this purpose an owner is the person who (in his own right or as trustee for any other person) is entitled to receive the rack rent of land, or, where the land is not let at a rack rent, would be so entitled if it were so let;
“the principal rules” means the Land Registration Rules 1925 ;
“proper office” means the district land registry designated as the proper office by Article 2(2) of the Land Registration (District Registries) Order 1989 .
2
A form referred to by number means the form so numbered in the Schedule to these rules.
3
Expressions used in these rules have, unless the contrary intention appears, the meaning which they bear in the principal rules.
Application for and issue of Official Certificate of Search of Index Map
3
1
Any person may apply in Form 96 to the proper office for an official search in the Index Map or General Map and the Parcels Index and the list of pending applications for first registration.
2
A separate application in Form 96 shall be delivered for each parcel of land in respect of which a search under this rule is required.
3
If, notwithstanding paragraph (2), an application in Form 96 is delivered which relates to more than one parcel of land, the registrar may:
a
deal with the application as though it referred to only such one of those parcels of land as he shall choose, in which case, in respect of the remaining parcel of land or parcels of land there shall be deemed to have been no application; or
b
accept such application and if he does so it shall be deemed to be a separate application in respect of each parcel of land to which such application relates; or
c
cancel the application.
4
If the registrar shall so require, an applicant shall provide to the registrar a copy or extract from the Ordnance Map on the largest scale published of the parcel of land to which the application relates.
5
If the application is in order an official certificate of search shall be issued.
6
An official certificate of search shall be issued in the form set out under the heading “Certificate of result of Official Search” in Form 96 and may, when the certificate states that the parcel of land is registered as leasehold land, also state the date of and parties to the registered lease.
Personal Inspection of the Index Map
4
1
Any person may apply at the proper office in Form 96A in respect of a parcel of land to make a personal inspection of the Index Map or General Map and the Parcels Index and to be informed of any relevant entry in the list of pending applications for first registration.
2
A separate application form shall be used for each parcel of land in respect of which an inspection under this rule is sought.
3
If an application is in order the Registrar shall permit the applicant to inspect the relevant portions of the Index Map or General Map and the Parcels Index and shall inform the applicant of any relevant entry in the list of pending applications for first registration.
Delivery of application by facsimile transmission
5
1
During the currency of any notice given pursuant to paragraph (2), and subject to and in accordance with the limitations contained in that notice, an application may be made by facsimile transmission to the proper office for:
a
an office copy of the entries on the register or a title plan of a registered title or (notwithstanding rule 11(2) of the Land Registration (Official Searches) Rules 1988 ), a certificate of official inspection of the filed plan, in Form 109 ( FAX );
b
an office copy of a document referred to in the register of a title, in Form 110 (FAX);
c
an official certificate of the result of search of the Index Map, in Form 96.
2
If the registrar is satisfied that adequate arrangements have been or will be made for dealing with applications made by facsimile transmission in accordance with this rule, he may, in such manner as he considers appropriate for informing persons who may wish to make such applications, give notice to that effect specifying the class or classes of case covered by those arrangements; and such a notice may in particular, but without prejudice to the generality of the foregoing provision, specify the class or classes of case so covered by limiting them:
a
to one or more of the types of application mentioned in paragraph (1);
b
to applications made by a person maintaining a credit account;
c
to applications which relate to land within specified counties, districts, London boroughs or other administrative areas;
d
to applications made between specified hours and on specified days (which need not be those between or on which the Land Registry is open to the public and may be different for applications of different types);
e
where an application is in Form 96 and refers to a parcel of land shown on an accompanying plan, to any such application which is accompanied by a designated plan.
3
Subject to paragraph (4) a notice given pursuant to paragraph (2) shall be current:
a
from the time specified in that behalf in the notice; and either
b
until the time, if any, specified in that behalf in the notice; or
c
if no time of ceasing to be current is specified in the notice, indefinitely.
4
A notice given pursuant to paragraph (2) may from time to time be varied, suspended, withdrawn, renewed or replaced by a further notice.
5
Notwithstanding the provisions of paragraph (1) the registrar may in his discretion refuse to accept an application made by facsimile transmission in any individual case.
6
An application may be made by facsimile transmission under the principal rules only in accordance with this rule; and no application may be so made under the Land Registration (Official Searches) Rules 1988 or the Land Registration (Matrimonial Homes) Rules 1983 .
Amendment of rule 1
6
For rule 1(5A) of the principal rules there shall be substituted:–
5A
“Proper office” means the district land registry designated as the proper office by Article 2(2) of the Land Registration (District Registries) Order 1989.
Amendment of rule 24
7
The following paragraph shall be added after paragraph (3) of rule 24 of the principal rules as follows:–
4
If under this rule an application (other than the lodging of a priority notice under rule 71 of these rules and a caution against first registration under section 53 of the Act) would otherwise be required to be delivered to two or more proper offices it may be delivered to any one of those proper offices and if so delivered shall be treated as duly delivered to all of those proper offices.
New rule 70
8
For rule 70 there shall be substituted:–
Inspection of cautions against first registration
70
The Registrar shall allow any person interested in any land which is affected by a caution against first registration to inspect the caution and the statutory declaration in support of it.
Amendment of rule 83
9
1
Paragraph (2) of rule 83 of the principal rules shall be renumbered (3).
2
The following paragraph shall be inserted after paragraph (1) of rule 83 of the principal rules as follows:–
2
If under this rule an application would otherwise be required to be delivered to two or more proper offices it may be delivered to any one of those proper offices and if so delivered shall be treated as duly delivered to all of those proper offices.
New rule 85
10
For rule 85 of the principal rules there shall be substituted:–
Date of delivery of applications
85
Every application delivered at a proper office after 9.30 hours on one day and before or at 9.30 hours on the next day shall be deemed to have been delivered at the same time, namely, immediately after 9.30 hours on the second day.
New rule 296
11
For rule 296 of the principal rules there shall be substituted:–
Office copies of entries in register
296
An office copy of any entry in the register, or of any document in the Registry, shall, upon an application in writing (including, where appropriate, an application made under rule 5 of the Land Registration Rules 1990) by any person who is entitled to inspect such entry or document, be issued to him or his solicitor.
Amendment of rule 317
12
The following paragraph shall be added after paragraph (2) of rule 317 of the principal rules:–
3
Where a fee for an application (including any service for which a fee is payable) is paid by means of a cheque and it comes to the notice of the Registrar before the application has been completed that the cheque has not been honoured, the application may be cancelled.
Revocation of rules 12 and 286
13
Rules 12 and 286 of the principal rules are hereby revoked.
Mackay of Clashfern, C.
Dated 14th February 1990


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Non-Domestic Rating (Transitional Period) (Amendment and Further Provision) Regulations, and shall come into force —
a
for the purposes of regulation 2 on 1st April 1991;
b
for the purposes of regulation 3 on the day after the day on which the Regulations are laid before Parliament, and
c
for all other purposes on 14th December 1990.
2
In these Regulations —
a
references to Schedule 7A are to Schedule 7A to the 1988 Act, and
b
expressions used which are also used in the Non-Domestic Rating (Transitional Period) Regulations 1990 (“the principal Regulations”) have the same meanings as in those Regulations.
Small composite hereditaments
2
1
This regulation applies to a defined hereditament which —
a
was shown, or which falls to be treated as having been shown, in an old list for 31st March 1990, and
b
is for 1st April 1990 shown in a non-domestic rating list as a composite hereditament, and as having a rateable value —
i
no less than the relevant minimum amount, and
ii
no greater than the relevant maximum amount.
2
For the purposes of this regulation the relevant minimum amount is £500, and the relevant maximum amount is —
i
£14,999 (where the hereditament is situated in Greater London),
ii
£9,999 (where it is situated elsewhere).
3
For the purposes of the application of paragraph 5 of Schedule 7A, as regards a transitional day, to a hereditament to which this regulation applies, where the rateable value of that hereditament for that day is no less than the relevant minimum amount and no greater than the relevant maximum amount, X is 110.
Charity Christmas shops
3
1
In relation to a relevant hereditament, where, in the transitional period and before a transitional day —
a
the hereditament was occupied for the purposes of a charity and used wholly or mainly for the sale of Christmas goods; and
b
it was not so used other than in October, November or December,
paragraph 2(6)(b) and (7)(d) of Schedule 7A shall apply, in relation to a person who would have been a qualifying person as regards that transitional day if the hereditament had not been occupied, as if he were a qualifying person as regards each day on which the hereditament was so occupied and used.
2
A hereditament is a relevant hereditament if it would be treated, as regards a day, as a defined hereditament for the purposes of paragraph 2(5) of Schedule 7A by virtue of paragraph 2(9)(b) of that Schedule but for its being occupied as mentioned in paragraph (1) above.
3
Nothing in section 64(10) of the 1988 Act shall be construed as preventing the sale of goods not donated to a charity being treated for the purposes of this regulation as among the purposes of that charity.
Transfers of education hereditaments in London
4
1
This regulation applies where a hereditament vested in the London Residuary Body is transferred to a body mentioned or described in the Table (a “transferee”) under section 187 of the Education Reform Act 1988 .
TABLE
The Beaufoy Institute The City of London Polytechnic The City Literary Institute Cordwainers' College Association The Geffrye Museum Trust The Horniman Public Museum and Public Park Trust Morley College The Polytechnic of Central London Thames Polytechnic The trustees of a voluntary school
2
Where paragraph (1) above applies, in the application of Schedule 7A after the transfer, any period during which the London Residuary Body occupied all or part of the hereditament or owned it shall, for the purposes of paragraph 2(5) to (9) of that Schedule, be treated as a period during which the transferee occupied all or part of it or owned it (as the case may be).
3
In this regulation “voluntary school” has the same meaning as in the Education Act 1944 .
Transfers of health service hereditaments
5
1
Where —
a
a hereditament which is vested in a relevant authority vests in another relevant authority (a “transferee”) by reason of the exercise of any power of the Secretary of State under section 92 of the 1977 Act or section 11 of the 1990 Act ,
b
a hereditament owned by the Secretary of State vests in an NHS trust (a “transferee”), or
c
on or after cessation of occupation by a relevant authority of a hereditament owned by the Secretary of State, the next occupier (the “new occupier”) is another relevant authority,
in the application of Schedule 7A after the transfer or cessation of occupation, any period during which a relevant authority occupied, or the Secretary of State owned, all or part of the hereditament shall, for the purposes of paragraph 2(5) to (9) of that Schedule, be treated as a period during which the transferee or the new occupier occupied all or part of it or owned it (as the case may be).
2
In this regulation —
“the 1977 Act” means the National Health Service Act 1977 ;
“the 1990 Act” means the National Health Service and Community Care Act 1990 ;
“health authority” has the meaning assigned by section 128 of the 1977 Act;
“NHS trust” means a National Health Service Trust within the meaning of section 5 of the 1990 Act;
“relevant authority” means a health authority, an NHS trust, trustees for an NHS trust and special trustees, and
“special trustees” has the same meaning as in the 1977 Act.
Certificates
6
1
Regulation 18 of the principal Regulations shall be amended in accordance with this regulation.
2
After paragraph (1) there shall be inserted —
1A
Where, whether by reason of a decision of a valuation and community charge tribunal or otherwise, the appropriate valuation officer or the central valuation officer forms the opinion that a certification under any of the foregoing provisions of these Regulations (other than such a certification which has been confirmed on appeal) is inaccurate, he shall certify the value or, as the case may be, the portion, which in his opinion should be substituted for that originally certified.
1B
A certification under paragraph (1A) above shall have the effect for the purposes of the foregoing provisions of these Regulations in place of the previous certification; save that any appeal against that previous certification under regulation 30 of the Non-Domestic Rating (Alteration of Lists and Appeals) Regulations 1990 shall be deemed to have been withdrawn. .
3
Paragraph (2) shall be amended by the substitution for sub-paragraph (b) of —
b
the ratepayer concerned.
.
4
After paragraph (2) there shall be inserted —
2A
The copy of the certification sent to the ratepayer in pursuance of paragraph (2) above shall be accompanied by a statement of the effect, in relation to the certification, of —
a
Part V of the Non-Domestic Rating (Alteration of Lists and Appeals) Regulations 1990; and
b
where it is a certification under paragraph (1A) above, paragraph (1B) above,
and may be sent to the ratepayer’s last known address, or to the address of the hereditament in question.
.
Chris Patten
Secretary of State for the Environment
23rd November 1990
Signed by authority of the Secretary of State for Wales
Ian Grist
Parliamentary Under Secretary of State, Welsh Office
22nd November 1990


text:
1
The new highway which the Secretary of State proposes to construct along the route described in Schedule 1 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 length of trunk road described in Schedule 2 to this Order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road, and shall be classified as a classified road as from the date on which the Secretary of State notifies the County Council of Clwyd that the new trunk road is open for through traffic.
4
In this Order: —
All measurements of distance are measured along the route of the relevant highway:
i
“the deposited plan” means the plan numbered HA10/2 WO8O marked the Dolgellau — South of Birkenhead Trunk Road (A494) (Mold By-Pass) Order 1990, signed by authority of the Secretary of State for Wales, and deposited at the Welsh Office Repository, Curran Embankment, Cardiff;
ii
“the new trunk road” means the highway mentioned in article 1 of this Order;
iii
“the trunk road” means the Dolgellau — South of Birkenhead Trunk Road (A494)
iv
“classified road” as a classification for a highway means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads, but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads.
5
The Dolgellau — South of Birkenhead Trunk Road (Mold By Pass) Order 1977 is hereby revoked.
6
This Order shall come into force on 21st September 1990 and may be cited as the Dolgellau — South of Birkenhead Trunk Road (A 494) (Mold By-Pass) Order 1990.
Signed by authority of the Secretary of State
H. R. Bollington
An Assistant Secretary, Welsh Office
23rd August 1990


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the United Bristol Healthcare National Health Service Trust (Establishment) Order 1990 and shall come into force on 21st December 1990.
2
In this Order unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State has a function to provide under sections 3(1)(d) or (e) or 5(1)(a) and (1A) of, or Schedule 1 to, the National Health Service Act 1977 ;
“establishment date” means 21st December 1990;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the United Bristol Healthcare National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the United Bristol Healthcare 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 Bristol Royal Infirmary, Marlborough Street, Bristol BS2 8HW and associated hospitals including the management of its teaching and research facilities;
b
to manage community health services from the United Bristol Healthcare Trust, Bristol and Weston Health Authority, District Headquarters, 10 Marlborough Street, Bristol BS1 3NP 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.
2
The hospital referred to in article 3(2)(a) is a hospital which, in the opinion of the Secretary of State, has a significant teaching and research commitment and accordingly one of the non-executive directors shall be appointed from the University of Bristol.
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
These rules may be cited as the Electricity Generating Stations and Overhead Lines (Inquiries Procedure) Rules 1990 and shall come into force on 31st March 1990.
Interpretation
2
1
In these rules, unless the context otherwise requires —
“application” means an application made under paragraph 1 of Schedule 8 for —
consent under section 36 to construct, extend or operate a generating station;
consent under section 37 to instal or keep installed an electric line above ground,
and “applicant” means the person making an application;
“assessor” means a person appointed by the Secretary of State to sit with an inspector at an inquiry or reopened inquiry to advisethe inspector on such matters as the Secretary of State may specify;
“document” includes a photograph, map or plan;
“electric line” and “generating station” have the same meanings as in section 64;
“inquiry” means any inquiry to which these rules apply;
“inspector” means a person appointed by the Secretary of State to hold an inquiry or a re-opened inquiry;
“the land” means the land (including trees or buildings) to which an inquiry relates;
“outline statement” means a written statement of the principal submissions which a person proposes to put forward at an inquiry;
“person entitled to appear at an inquiry” means a person described in rule 11(1), and cognate expressions shall be construed accordingly;
“pre-inquiry meeting” means a meeting held before an inquiry to consider what may be done with a view to securing that it is conducted efficiently and expeditiously;
“qualifying objector” means —
where the Secretary of State has caused a public inquiry to be held under paragraph 2 or 3 of Schedule 8 in respect of an application anyone who has objected to the application in accordance with regulations under paragraph 3(1) of that Schedule;
where the Secretary of State has caused a public inquiry to be held under section 62 in respect of an application, notice of which was not required to be published by regulations under pararaph 3(1) of Schedule 8, anyone who has made a written objection in respect of the application to the Secretary of State or the relevant planning authority before the relevant date,
and whose objection has not been withdrawn;
“relevant date” means the date of the Secretary of State’s written notice to the applicant and the relevant planning authority ofhis intention to cause an inquiry to be held, and “relevant notice” means that notice;
“relevant planning authority” has the same meaning as in paragraph 2(6)(a) of Schedule 8;
“statement of case” means a written statement which contains full particulars of the case which a person proposes to put forward at an inquiry and a list of any documents which that person intends to refer to or put in evidence.
2
Except where the context otherwise requires, in these rules —
a
any reference to a numbered section or Schedule is a reference to that section of, or that Schedule to the Electricity Act 1989 ; and
b
any reference in a rule to a paragraph is a reference to a paragraph of that rule.
Application
3
These rules apply in relation to any public inquiry caused by the Secretary of State to be held in England and Wales —
a
under paragraph 2 or 3 of Schedule 8;
b
under section 62 in relation to any application notice of which was not required to be published by regulations under paragraph 3(1) of Schedule 8.
Preliminary information
4
The Secretary of State shall as soon as practicable after the issue of a relevant notice inform the applicant and the relevant planning authority in writing of the name and address of any qualifying objector who has made representations to him.
Procedure where Secretary of State causes pre-inquiry meeting to be held
5
1
The Secretary of State may cause a pre-inquiry meeting to be held if it appears to him desirable and where he does so the following provisions apply.
2
The Secretary of State shall serve with the relevant notice a notification of his intention to cause a pre-inquiry meeting to be held and a statement of the matters which appear to him to be likely to be relevant to his consideration of the application in question; and where another Minister of the Crown or a government department has expressed in writing to the Secretary of State a view that the application should not be granted either wholly or in part, or should be granted only subject to conditions, the Secretary of State shall set this out in his statement and shall supply a copy of the statement to the Minister or government department concerned.
3
The applicant shall cause to be published in a newspaper circulating in the locality in which the land is situated a notice of the Secretary of State’s intention to cause a pre-inquiry meeting to be held and of the statement served in accordance with paragraph (2).
4
The notice published pursuant to paragraph (3) shall refer to and include the text of any statement served in accordance with paragraph (2).
5
The relevant planning authority and the applicant shall, not later than 8 weeks after the relevant date, serve an outline statement on each other and on the Secretary of State.
6
The Secretary of State may in writing require any other person who has notified him of an intention or a wish to appear at the inquiry to serve, within 4 weeks of being so required, an outline statement on the Secretary of State, the applicant and the relevant planning authority.
7
The pre-inquiry meeting or, where there is more than one, the first meeting, shall be held not later than 16 weeks after the relevant date.
8
The Secretary of State shall give not less than 21 days' written notice of the pre-inquiry meeting to the relevant planning authority, the applicant, any person known at the date of the notice to be a person entitled to appear at the inquiry and any other person whose presence at the pre-inquiry meeting seems to him to be desirable; and he may require the applicant to take, in relation to notification of the pre-inquiry meeting, one or more steps which he may under rule 10 require him to take in relation to notification of the inquiry.
9
The inspector shall preside at the pre-inquiry meeting and shall determine the matters to be discussed and the procedure to be followed, and he may require any person present at the meeting who, in his opinion, is behaving in a disruptive manner to leave it and he may refuse to permit that person to return or to attend any further pre-inquiry meeting, or may permit him to return or to attend only on such conditions as he may specify.
Service of statement of case, etc.
6
1
Subject to paragraphs (5) and (7), each of —
a
the applicant;
b
the relevant planning authority, and
c
any person who, having notified the Secretary of State of his intention or wish to appear at the inquiry, has been required in writing by the Secretary of State to comply with the requirements of this paragraph,
shall serve a statement of case on each of the others, on the Secretary of State and on any or any other qualifying objector.
2
A statement of case required to be served by the applicant or the relevant planning authority shall be served not later than —
a
6 weeks after the relevant date, or
b
in any case where the Secretary of State causes a pre-inquiry meeting to be held pursuant to rule 5(1), 4 weeks after the conclusion of that meeting or the last such meeting.
3
Any other statement of case shall be served not later than 4 weeks after the date of the Secretary of State’s notice requiring it to be served.
4
The Secretary of State shall inform any person from whom he requires a statement of case in accordance with paragraph(1)(c) of the name and address of every person on whom the statement of case is required to be served.
5
The Secretary of State or the inspector may require any person who has served a statement of case in accordance with this rule to provide such further information about the matters contained in the statement as he may specify.
6
Any person serving a statement of case on the Secretary of State shall serve with it a copy of any document, or of the relevant part of any document, referred to in it.
7
Where the Secretary of State considers it expedient, having regard to the number of qualifying objectors and the length of a statement of case, he may authorise any person required to serve a statement of case under paragraph (1)(c) to serve it only on the applicant, the relevant planning authority and himself; and where the Secretary of State so authorises he shall make arrangements for notice to be given to the other parties referred to in paragraph (1)(c), stating the times and places at which they may examine the statement of case and, where practicable, take copies of it.
8
Where, in the case of an application under section 36 the Secretary of State has not given notice under rule 5(2) of his intention to cause a pre-inquiry meeting to be held, he shall not later than 12 weeks after the relevant date serve a written statement of the matters referred to in that paragraph on the applicant, the relevant planning authority and any person from whom he has required a statement of case under paragraph (1)(c).
Inspector’s power to hold pre-inquiry meetings
7
An inspector may hold a pre-inquiry meeting where he considers it desirable (whether or not one was held pursuant to rule 5(1)), and shall arrange for not less than 14 days' written notice of any such meeting to be given to the applicant, the relevant planning authority, any person known at the date of the notice to be a person entitled to appear at the inquiry and any other person whose presence at the meeting appears to him to be desirable; and rule 5(9) shall apply to a pre-inquiry meeting held in accordance with this rule.
Inquiry time-table
8
Where a pre-inquiry meeting is held pursuant to rule 5(1) an inspector shall (so far as is reasonably practicable) and in any other case may arrange a time-table for the proceedings at, or at any part of, an inquiry and may at any time vary the time-table.
Notification of appointment of assessor
9
Where the Secretary of State appoints an assessor to sit at an inquiry, he shall notify every person entitled to appear at the inquiry of the name of the assessor and of the matters on which he is to advise the inspector.
Date and notification of inquiry
10
1
The date fixed by the Secretary of State for the holding of an inquiry shall be, unless he considers such a date impracticable, not later than —
a
22 weeks after the relevant date; or
b
in a case where the Secretary of State causes a pre-inquiry meeting to be held pursuant to rule 5(1), 8 weeks after the conclusion of that meeting (or the last such meeting).
2
Where the Secretary of State considers it impracticable to fix a date in accordance with paragraph (1) the date fixed shall be the earliest date after the end of the period mentioned in that paragraph which he considers to be practicable.
3
Unless the Secretary of State agrees a lesser period of notice with the applicant and the relevant planning authority, he shall give not less than 28 days' written notice of the date, time and place fixed by him for the holding of an inquiry to every person entitled to appear at the inquiry.
4
The Secretary of State may vary the date fixed for the holding of an inquiry, whether or not the date so varied is within the period mentioned in paragraph (1), and paragraph (3) shall apply to a date so varied as it applied to the date originally fixed.
5
The Secretary of State may also vary the time or place for the holding of an inquiry and shall give such notice of any such variation as appears to him to be reasonable.
6
The Secretary of State may require the applicant to take one or more of the following steps —
a
to publish a notice of the inquiry in one or more newspapers circulating in the locality in which the land is situated not less than 14 days before the date fixed for the holding of the inquiry;
b
to serve within such period as he may specify a notice of the inquiry on such persons or classes of persons as he may specify;
c
within such period as he may specify to post a notice of the inquiry in a conspicuous place near to the land.
7
Where the land is under the control of the applicant he shall, if so required by the Secretary of State, affix a notice of the inquiry firmly to the land or to some object on or near the land, in such manner as to be readily visible to and legible by members of the public, and he shall not remove the notice, or cause or permit it to be removed, for such period before the inquiry as the Secretary of State may specify.
8
Any notice of the inquiry published, served, posted or affixed pursuant to paragraph (6) or (7) shall specify the date and time of the inquiry and the full address of where it is to be held, and shall clearly identify the land.
Appearances at inquiry
11
1
The persons entitled to appear at an inquiry are —
a
the applicant;
b
the relevant planning authority;
c
any of the following bodies if the land is situated in their area and they are not the relevant planning authority —
i
a county or district council (including the council of the Isles of Scilly);
ii
a National Park Committee within the meaning of paragraph 5 of Schedule 17 to the Local Government Act 1972 ;
iii
a joint planning board constituted under section 1(2) of the Town and Country Planning Act 1971 ; or a joint planning board or special planning board reconstituted under Part I of Schedule 17 to the Local Government Act 1972;
iv
an urban development corporation established under section 135 of the Local Government, Planning and Land Act 1980 ;
d
where the land is in an area designated as a new town, the development corporation for the new town or the Commission for the New Towns as its successor;
e
a qualifying objector;
f
any other person who has served a statement of case in accordance with rule 6(1)(c) or who has served an outline statement in accordance with rule 5(6).
2
Nothing in paragraph (1) shall prevent the inspector from permitting any other person to appear at an inquiry, and such permission shall not unreasonably be withheld.
3
Any person entitled or permitted to appear may do so on his own behalf or be represented by counsel, solicitor or any other person.
4
An inspector may allow one or more persons to appear for the benefit of some or all of any persons having a similar interest in the matter under inquiry.
Representatives of government departments at inquiry
12
1
Where another Minister of the Crown or any government department has expressed a view such as is mentioned in rule 5(2) and the Secretary of State has included its terms in a statement served in accordance with that rule or rule 6(8), a representative of the government department concerned shall be made available to attend the inquiry.
2
A person attending an inquiry as a representative in pursuance of this rule shall state the reasons for the expression of view in question and shall give evidence and be subject to cross-examination to the same extent as any other witness.
3
Nothing in paragraph (2) shall require a representative of a government department to answer any question which in the opinion of the inspector is directed to the merits of government policy.
Statements of evidence
13
1
A person entitled to appear at an inquiry who proposes to give, or to call another person to give, evidence at the inquiry by reading a written statement shall send a copy of the statement to the inspector and shall, if so required by the inspector, supply a written summary of that evidence.
2
Whenever a statement or summary is sent to the inspector in accordance with paragraph (1) the person sending it shall send a copy to the applicant and the relevant planning authority, if that is not himself.
3
The statement shall be sent to the inspector not later than 3 weeks before the date on which the person is due to give evidence in accordance with the time-table arranged pursuant to rule 8 or, if there is no such time-table, 3 weeks before the date fixed for the inquiry, and the summary shall be sent within such period as may be specified by the inspector.
4
Where the inspector has required a written summary of evidence in accordance with paragraph (1), the person giving that evidence at the inquiry shall do so by reading the written summary alone, unless permitted by the inspector to do otherwise.
5
Any person required by this rule to send a statement of evidence to any other person shall send with the statement copies of all documents or parts of documents referred to therein and not previously supplied under rule 6(6).
Procedure at inquiry
14
1
Except as otherwise provided in these rules, the inspector shall determine the procedure at the inquiry,
2
Unless in any particular case the inspector with the consent of the applicant otherwise determines, the applicant shall begin and shall have the right of final reply; and other persons entitled or permitted to appear shall be heard in such order as the inspector may determine.
3
A person entitled to appear at an inquiry shall be entitled to call evidence and the applicant and the relevant planning authority shall be entitled to cross-examine any person giving evidence, but, subject to paragraphs (2) and (4) to (6), the calling of evidence and the cross-examination of persons giving evidenceshall otherwise be at the inspector’s discretion.
4
The inspector may refuse to permit —
a
the giving or production of evidence;
b
the cross-examination of persons giving evidence; or
c
the presentation of any other matter,
which he considers to be irrelevant or repetitious; but where he so refuses to permit the giving of oral evidence, the person wishing to give the evidence may submit to him any written evidence or other matter in writing before the close of the inquiry.
5
Where a person gives evidence at an inquiry by reading a summary of his evidence in accordance with rule 13(4), the statement of evidence referred to in rule 13(1) shall, unless the person required to supply the summary notifies the inspector that he now wishes to rely on the contents of that summary only, be treated as tendered in evidence, and the person whose evidence the statement contains shall then be subject to cross-examination on it to the same extent as if it were evidence he had given orally.
6
The inspector shall not require or permit the giving or production of any evidence, whether written or oral, which he considers would be contrary to the public interest; but, save as aforesaid, the inspector may direct that documents tendered in evidence may be inspected by any person entitled or permitted to appear at the inquiry.
7
The inspector may direct that facilities shall be afforded to any person appearing at an inquiry to take or obtain copies of documentary evidence open to public inspection.
8
The inspector may require any person appearing or present at an inquiry who, in his opinion, is behaving in a disruptive manner to leave it and may refuse to permit that person to return, or may permit him to return only on such conditions as he may specify; but any such person may submit to him any written evidence or other matter in writing before the close of the inquiry.
9
The inspector may allow any person to alter or add to a statement of case served under rule 6 so far as may benecessary for the purposes of the inquiry; but he shall (if necessary by adjourning the inquiry) give every other person entitled toappear who is appearing at the inquiry an adequate opportunity of considering any fresh matter or document.
10
The inspector may proceed with an inquiry in the absence of any person entitled to appear at it.
11
The inspector may take into account any written representation or evidence or any other document received by him from any person before an inquiry opens or during the inquiry provided he discloses it at the inquiry.
12
The inspector may from time to time adjourn an inquiry and, if the date, time and place of the adjourned inquiry are announced at the inquiry before the adjournment, no further notice shall be required.
Site inspections
15
1
The inspector may make an unaccompanied inspection of the land before or during an inquiry without giving notice of his intention to the persons entitled to appear at the inquiry.
2
The inspector may, during an inquiry or after its close, inspect the land in the company of the applicant, the relevant planning authority and, subject to paragraph (3), any qualifying objector; and he shall make such an inspection if so requested by the applicant or the relevant planning authority before or during an inquiry.
3
Where the inspector inspects the land after the close of an inquiry, a qualifying objector shall only be entitled to accompany him on that inspection if that objector appeared at the inquiry.
4
In all cases where the inspector intends to make an inspection of the kind referred to in paragraph (2) he shall announce during the inquiry the date and time at whichhe proposes to make it.
5
The inspector shall not be bound to defer an inspection of the kind referred to in paragraph (2) where any person mentioned in that paragraph is not present at the time appointed.
Procedure after inquiry
16
1
After the close of an inquiry, the inspector shall make a report in writing to the Secretary of State which shall include his conclusions and recommendations or his reasons for not making any recommendation.
2
Where an assessor has been appointed, he may, after the close of the inquiry, make a report in writing to the inspector in respect of the matters on which he was appointed to advise.
3
Where an assessor makes a report in accordance with paragraph (2), the inspector shall append it to his own report and shall state in his own report how far he agrees or disagrees with the assessor’s report and, where he disagrees with the assessor, his reasons for that disagreement.
4
If, after the close of an inquiry, the Secretary of State —
a
differs from the inspector on any matter of fact mentioned in, or appearing to him to be material to, a conclusion reached by the inspector; or
b
takes into consideration any new evidence or new matter of fact (not being a matter of government policy),
and is by reason thereof disposed to disagree with a recommendation made by the inspector he shall not come to a decision which is at variance with that recommendation without first notifying the persons entitled to appear at the inquiry who appeared at it of his disagreement and the reasons for it; and affording to them an opportunity of making written representations to him within 21 days of the date of notification, or (if the Secretary of State has taken into consideration any new evidence or new matter of fact, not being a matter of government policy) an opportunity of asking within that period for the re-opening of the inquiry.
5
The Secretary of State may, as he thinks fit, cause an inquiry to be re-opened to afford an opportunity for persons to be heard on such matters relating to an application as he may specify, and he shall do so if asked to do so by the applicantor the relevant planning authority pursuant to paragraph (4) and in the circumstances and within the period mentioned in that paragraph; and where an inquiry is re-opened (whether by the same or a different inspector) —
a
the Secretary of State shall send to the persons entitled to appear at the inquiry who appeared at it a written statement of the matters specified pursuant to paragraph (5); and
b
rules 10(3) to 10(8) shall apply as if the references to an inquiry were references to a re-opened inquiry.
Notification of decision
17
1
The Secretary of State shall notify his decision on an application and his reasons for it in writing to all persons entitled to appear at the inquiry who did appear at it and to any other person who, having appeared at the inquiry, has asked to be notified of the decision.
2
Where a copy of the inspector’s report is not sent with the notification of the decision, the notification shall be accompanied by a statement of his conclusions and of any recommendations made by him; and if a person entitled to be notified of the decision has not received a copy of that report, he shall be supplied with a copy of it on written application made to the Secretary of State within 4 weeks from the date of the decision.
3
In this rule “report” includes any assessor’s report appended to the inspector’s report but does not include any other documents so appended; but any person who has received a copy of the report may apply to the Secretary of State in writing, within 6 weeks of the date of the Secretary of State’s decision, for an opportunity of inspecting any such documents and the Secretary of State shall afford him that opportunity.
Procedure following quashing of decision
18
1
Where a decision of the Secretary of State on an application in respect of which an inquiry has been held is quashed in proceedings before any court, the Secretary of State —
a
shall send to the persons entitled to appear at the inquiry who appeared at it a written statement of the matters which appear to him to be relevant to his further consideration of the application; and
b
shall afford to those persons an opportunity of making, within 21 days of the date of such written statement, written representations to him in respect of such matters or of asking for the re-opening of the inquiry; and
c
may, as he thinks fit, cause the inquiry to be re-opened (whether by the same or a different inspector), and, if he does so, rules 10(3) to 10(8) shall apply as if the references to an inquiry were references to a re-opened inquiry.
Allowing further time
19
The Secretary of State may at any time in any particular case allow further time for the taking of any step which is required or enabled to be done by virtue of these rules, and references in these rules to a day by which or a period within which any step is required or enabled to be taken shall be construed accordingly.
Service of notices
20
Notices or documents required or authorised to be served or sent under any of the provisions of these rules may be sent by post.
Revocation, transitional and savings
21
1
Subject to paragraph (2), the Electricity Generating Stations and Overhead Lines (Inquiries Procedure) Rules 1987 (“the 1987 Rules ”) are hereby revoked.
2
The 1987 Rules shall continue to apply to any inquiry which commenced before the date on which these rules comeinto force, and for the purposes of this rule an inquiry shall be taken to have commenced on the day on which the Secretary of State issued the relevant noticeunder the 1987 Rules of his intention to cause the inquiry to be held.
Mackay of Clashfern wC.
7th March 1990


text:
1
This Order may be cited as the Civil Aviation Act 1982 (Jersey) Order 1990 and shall come into force on 1st December 1990.
2
The provisions of the Civil Aviation Act 1982 which are listed in Part I of Schedule 1 to this Order shall extend to the Bailiwick of Jersey with the modifications specified in Part II of that Schedule.
3
The Orders specified in Schedule 2 to this Order are hereby revoked to the extent that they relate to the extension to the Bailiwick of Jersey of any enactment which is repealed by and re-enacted in the Civil Aviation Act 1982.
G. I. de Deney
Clerk of the Privy Council


text:
1
These Regulations may be cited as the Housing (Preservation of Right to Buy) (Amendment) Regulations 1990 and shall come into force on 1st March 1990.
2
In these Regulations “ the Act ” means the Housing Act 1985.
3
Section 124 of the Act (landlord’s notice admitting or denying right to buy) as it applies in the circumstances described in section 171A(1) of the Act (cases in which right to buy is preserved) by virtue of the Housing (Preservation of Right to Buy) Regulations 1989 is amended by the insertion after subsection (2) of the following subsection —
3
A landlord’s notice under this section shall inform the tenant of any application for a determination under paragraph 11 of Schedule 5 (determination that right to buy not to be capable of exercise) and, in the case of a notice admitting the tenant’s right to buy, is without prejudice to any determination made on such an application.
.
4
The Housing (Preservation of Right to Buy) Regulations 1989 are amended as follows —
a
in Part I of Schedule 1 (modifications to Part V of the Act as applied to the preserved right to buy), omit paragraphs 6 and 48(b);
b
in Schedule 2 (Part V of the Act as it applies in cases where the right to buy is preserved) —
i
in section 124 of the Act as there set out, after subsection (2) insert the subsection set out in regulation 3 above;
ii
in Schedule 5 to the Act as there set out (exceptions to the right to buy), for paragraph 11 substitute the following paragraph —
11
1
The right to buy does not arise if the Secretary of State has determined, on the application of the landlord, that it is not to be capable of being exercised with respect to the dwelling-house.
2
The Secretary of State shall so determine if, and only if, he is satisified that the dwelling-house —
a
is particularly suitable, having regard to its location, size, design, heating system and other features, for occupation by persons of pensionable age, and
b
was let to the tenant or a predecessor in title of his for occupation by a person of pensionable age (whether the tenant or predecessor or another person).
3
The Secretary of State shall for the purposes of this paragraph disregard the presence of any feature provided by the tenant or a predecessor in title of his.
4
An application for a determination under this paragraph shall be made within the period for service of the landlord’s notice under section 124 (notice admitting or denying right to buy).
5
This paragraph does not apply unless the dwelling-house concerned was first let before 1st January 1990.
.
5
Regulations 3 and 4 above do not apply in any case where the tenant’s notice claiming to exercise the right to buy was served before 1st March 1990.
Chris Patten
Secretary of State for the Environment
7th February 1990
Signed by authority of the Secretary of State for Wales
Ian Grist
Parliamentary Under-Secretary of State, Welsh Office
7th February 1990


text:
1
This Order may be cited as the Education (Harrow College of Higher Education Higher Education Corporation) (Dissolution) Order 1990 and shall come into force on 1st April 1990 immediately after the transfers under sections 126 and 127 of the Act , asthey apply in relation to the Corporation by virtue of the 1989 Order , have had effect.
2
In this Order —
“the Act” means the Education Reform Act 1988;
“the Corporation” means Harrow College of Higher Education Higher Education Corporation;
“the 1989 Order” means the Education (Higher Education Corporations) (No.6) Order 1989 ; and
“ the Polytechnic ” means the body corporate called the Polytechnic of Central London.
3
1
The Corporation is hereby dissolved.
2
The property, rights and liabilities of the Corporation, including the property, rights and liabilities vestedin the Corporation by section 126 of the Act as it applies in relation to the Corporation by virtue of the 1989 Order, are hereby transferred to and shall vest in the Polytechnic.
3
In particular any contract of employment which by virtue of section 127(2) of the Act, as it applies in relation to the Corporation by virtue of the 1989 Order, has effect as if originally made between the employee to which it relates and theCorporation shall have effect as if originally made between that employee and the Polytechnic.
4
Without prejudice to paragraph (3) above, all the Corporation’s rights, powers, duties and liabilities under orin connection with any contract to which that paragraph applies shall by virtue of that paragraph be transferred to the Polytechnic, and anything done before 1st April 1990 which is deemed by virtue of section 127(3)(b) of the Act to have been done by or in relation to the Corporation in respect of such a contract shall be deemed from 1st April 1990 to have been done by or in relation to the Polytechnic.
5
Paragraphs (3) and (4) above are without prejudice to any right of an employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions, but no such right shall arise by reason only ofthe change in employer effected by those paragraphs.
John MacGregor
Secretary of State for Education and Science
7th March 1990.


text:
Citation and commencement
1
This Order may be cited as the Thames Water Utilities Limited (Local Statutory Provisions) (Consequential Repeals) Order 1990 and shall come into force on 30th July 1990.
Repeal of local statutory provisions
2
The local statutory provisions specified in column (1) of the Schedule to this Order are hereby repealed to the extent specified in column (2) thereof.
Chris Patten
Secretary of State for the Environment
28th June 1990


text:
Citation and commencement
1
1
This Order may be cited as the Iraq and Kuwait (United Nations Sanctions) (Bermuda) Order 1990.
2
This Order shall come into force on 30th August 1990.
Extent of the Order
2
This Order shall extend to Bermuda.
Control of Gold, Securities, Payments and Credits
3
1
Except with permission granted by or on behalf of the Governor, no direction given, on or after 6th August 1990, by or on behalf of the Government of Kuwait or the Government of the Republic of Iraq or by or on behalf of any person resident in Kuwait or the Republic of Iraq, shall be carried out insofar as the direction —
i
requires the person to whom the direction is given to make any payment or to part with any gold or securities; or
ii
requires any change to be made in the persons to whose credit any sum is to stand or to whose order any gold or security is to be held.
2
In this article:
“gold” means gold coin or gold bullion;
“security” includes —
Shares, stocks, bonds, notes, debentures, and debenture stock;
a deposit receipt in respect of the deposit of securities;
a negotiable receipt or other negotiable certificate or document evidencing the deposit of a sum of money;
a promissory note;
a unit or a sub-unit of a unit trust;
an annuity or a life insurance policy or other contract entered into with an assurance company for securing a payment in the future of any capital sums or of an annuity;
a warrant conferring an option to acquire a security;
a share in an oil royalty.
3
Any consent or permission granted by or on behalf of the Governor under this section may be granted either absolutely or subject to conditions.
Penalties
4
1
If any person contravenes or fails to comply with this Order, he shall be guilty of an offence and shall be liable: —
a
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine not exceeding five thousand dollars or to both; or
b
on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding five hundred dollars or to both.
2
Where an offence under this Order committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to, any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
3
No proceedings for an offence against this Order shall be instituted except by or with the consent of the Attorney General of Bermuda.
R. P. Bulling
Clerk of the Privy Council


text:
1
This Order may be cited as the Mortgage Indemnities (Recognised Bodies)(No. 2) Order 1990 and shall come into force on 20th December 1990.
2
Capital Home Loans Limited is hereby specified as a recognised body for the purposes of sections 442 and 443 of the Housing Act 1985.
Chris Patten
One of Her Majesty’s Principal Secretaries of State
23rd November 1990
We consent,
Thomas Sackville
Gregory Knight
Two of the Lords Commissioners of Her Majesty’s Treasury
29th November 1990


text:
1
This Order may be cited as the Local Government and Housing Act 1989 (Commencement No. 9 and Saving) Order 1990.
2
In this Order “the 1989 Act ” means the Local Government and Housing Act 1989.
3
The following provisions of the 1989 Act shall come into force on 1st August 1990 subject to the provisions of the Schedule to this Order —
section 9, as it applies in relation to England and Wales and insofar as it is not already in force,
section 13, insofar as it is not already in force,
section 15, as it applies in relation to England and Wales and insofar as it is not already in force,
section 16, as it applies in relation to England and Wales,
section 17, as it applies in relation to England and Wales and insofar as it is not already in force,
section 194(4), insofar as it relates to the repeal in Part II of Schedule 12 of words in section 102(3) of the Local Government Act 1972 and of section 33 of the Local Government Act 1985 .
Chris Patten
One of Her Majesty’s Principal Secretaries of State
27th July 1990