text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Hinchingbrooke Health Care National Health Service Trust (Establishment) Order 1991 and shall come into force on 1st November 1991.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of or Schedule 1 to the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 1st November 1991;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Hinchingbrooke Health Care 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 Hinchingbrooke Health Care National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at Hinchingbrooke Hospital, Hinchingbrooke Park, Huntingdon, Cambridgeshire, PE18 8NT;
b
to manage community health services provided from Hinchingbrooke Hospital, Hinchingbrooke Park, Huntingdon, Cambridgeshire, PE18 8NT and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1 April 1992.
2
The accounting date of the trust shall be 31 March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Huntingdon 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 Huntingdon 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 Huntingdon Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Virginia Bottomley
Minister of State,
Department of Health
21st October 1991


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Water (Compulsory Works Powers) (Notice) Regulations 1991 and shall come into force on 17th July 1991.
Notice to be given to prescribed persons
2
Where an order is applied for under section 155 of the Water Act 1989 which would authorise the stopping-up or diversion of a footpath or bridleway, a copy of the notice of the application shall be served on–
a
the persons specified in Part I of the Schedule hereto;
b
where the footpath or bridleway in question is situated in an area mentioned in Part II thereof, the persons specified in relation to that area;
in addition to the persons specified in paragraph 1(3)(a) to (e) of Schedule 20 to that Act.
Michael Heseltine
Secretary of State for the Environment
10th June 1991
David Hunt
Secretary of State for Wales
11th June 1991
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 13th June 1991.
John Gummer
Minister of Agriculture, Fisheries and Food


text:
1
These Regulations may be cited as the Education (Grants) (Travellers and Displaced Persons) (Amendment) Regulations 1991 and shall come into force on 22nd February 1991.
2
Paragraph (3) of regulation 7 of the Education (Grants) (Travellers and Displaced Persons) Regulations 1990 shall be amended by the substitution for the words “a payment equal to half” of the words “asuch payment as the Scretary of State may determine but not exceeding three-quarters of”.
K. Clark
Secretary of State for Education and Science
28th January 1991
David Hunt
Secretary of State for Wales
28th January 1991


text:
Citation and commencement
1
1
This Order may be cited as the Litter (Designated Educational Institutions) Order 1991 and shall come into force on 1st April 1991.
2
In this Order “ the Act ” means the Environmental Protection Act 1990.
Designation of Educational Institutions
2
The Secretary of State hereby designates for the purposes of Part IV of the Act the Open University and each of the descriptions of educational institution mentioned in section 98(2) and (3) of the Act, with the exception in relation to Scotland of schools referred to in paragraph (g) of section 98(3) (grant-aided schools) which are grant-aided special schools to which the Special Schools (Scotland) Grant Regulations 1990 apply.
Kenneth Clarke
Secretary of State for Education and Science
8th March 1991
M. Forsythe
Minister of State, Scottish Office
8th March 1991
David Hunt
Secretary of State for Wales
8th March 1991


text:
Title and commencement
1
These Regulations may be cited as the Dairy Produce Quotas(Amendment) Regulations 1991 and shall come into force on 28th March1991.
Interpretation
2
In these Regulations“the principal Regulations ” means the Dairy Produce Quotas Regulations 1989 .
Amendment of the principal Regulations
3
The principal Regulations shall be amended in accordance with thefollowing provisions of these Regulations.
Definitions
4
In regulation 2(1) of the principal Regulations, at the end of thedefinition of“appropriate date” there shall be added the following:
“or, for the purposes of Schedule 9A, in the case of a producer whofirst had quota registered as his between 1st April 1989 and 28thFebruary 1990, the date on which quota was first registered as his.”.
Reduction in quota
5
After regulation 4 of the principal Regulations there shall beinserted the following regulation:
Reduction in quota
4A
1
The Minister shall on 1st April 1991 reduce by 0.13%the wholesale quota and direct sales quota of each producer and shalltransfer the quota thus subtracted to the appropriate running regionalwholesale reserve or the national direct sales reserve, as the case maybe.
2
For the purposes of this regulation“wholesale quota” includes suspended quota but excludes special quota.
.
Development provision
6
In paragraph 1 of Schedule 8A to the principal Regulations, forsub-paragraphs (a) and (b) there shall be substituted the followingsub-paragraphs:
a
received a wholesale development award and held wholesale quotaon 1st April 1989in respect of which they made deliveries of milk ormilk products between1st April 1989 and 28th February 1990, or
b
received a wholesale development award and —
i
on 1st April 1989 held only direct sales quota, having exchanged alltheir wholesale quota for direct sales quota under regulation 14, or
ii
on 1st April 1989 held both wholesale quota and direct sales quota,
and made direct sales of milk or milk products between 1st April1989 and 28th February 1990,
.
Scotland and Northern Ireland Small Producer Supplementary Development Provision
7
Paragraph 7 of Schedule 8B to the principal Regulations shall beomitted.
Northern Ireland Exceptional Hardship Provision
8
Paragraph 8 of Schedule 9 to the principal Regulations shall beomitted.
Family-type holding provision
9
In Schedule 9A to the principal Regulations:
a
in paragraph 1, after the word“deliveries” there shall be inserted the words“or direct sales”,
b
for paragraph 2 there shall be substituted the following paragraph:
2
For the purposes of this Schedule a family-type holding is one inrespect of which less than 200,000 litres of quota was identified on theregisters prepared and maintained under regulation 25(1) and (2) —
a
on 1st April 1989, or
b
in the case of a producer to whom special quota was awarded aswholesale quota, on the date on which such quota was awarded to him, or
c
in the case of a producer who first had quota registered as hisbetween 1st April 1989 and 28th February 1990, other than a producer towhom special quota was awarded, on the date on which quota was firstregistered as his.
, and
c
paragraph 7 shall be omitted.
Remote Areas Provision
10
Paragraph 5 of Schedule 9B to the principal Regulations shall beomitted.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 25th March 1991.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Strathclyde
Parliamentary Under Secretary of State, Scottish Office
26th March 1991


text:
1
This Order may be cited as the Broadcasting Act 1990 (Isle of Man)(No. 2) Order 1991 and shall come into force on 24th April 1991.
2
1
The following provisions of the Broadcasting Act 1990 shall extend,with the modifications specified in the Schedule to this Order, to theIsle of Man —
a
in Part I (independent television services), sections 1 to 44, 48 to55 and 65 to 71;
b
in Part III (independent radio services), sections 83 to 96, 98 to103, 106 to 111 and 114 to 126;
c
in Part IV (transfer of undertakings), sections 127, 129 to 132 and135 to 141;
d
Part V (Broadcasting Complaints Commission);
e
Part VI (Broadcasting Standards Council);
f
in Part IX (copyright and related matters), section 176;
g
in Part X (miscellaneous and general), sections 182, 185 to 188, 195to 197 and199 to 204; and
h
Schedules 1 to 5, 7 to 9, 11, 13, 14 and 21.
2
For the purpose of construing those provisions as so extended aspart of the law of the Isle of Man, any reference to an enactment whichextends to the Isle of Man shall, except where a contrary intentionappears, be construed as a reference to that enactment as it has effectin the Isle of Man.
G. I. de Deney
Clerk of the Privy Council


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Food Protection (EmergencyProhibitions) (Paralytic Shellfish Poisoning) Order 1991 and shall comeinto force at 18.00 hours on 22nd May 1991.
2
In this Order“scallop” means shellfish of the species pecten maximus or chlamys operculata, and“relevant time” means one minute past midnight on 22nd May 1991.
Designated circumstances
2
In the opinion of the Minister of Agriculture, Fisheries and Food,scallops in the area designated in article 3 below may be affected bythe toxin which causes Paralytic Shellfish Poisoning in human beings andare likely to create a hazard to human health if they are consumed.
Designated area
3
The area described in the Schedule to this Order is herebydesignated for the purposes of Part I of the Food and EnvironmentProtection Act 1985.
Activity prohibited in the designated area
4
No person shall fish for or take any scallops in the designated area.
Prohibited movement of scallops
5
No person shall move any scallops out of the designated area.
Restrictions throughout the United Kingdom
6
No person shall, in the United Kingdom or in United Kingdom waters —
a
use any scallops taken out of the designated area after the relevanttime in the preparation or processing for supply of food and anythingfrom which food could be derived,
b
land any scallops taken from waters in the designated area after therelevant time,
c
supply, or have in possession for supply, any scallops, or anyproduct derived from scallops, from which food could be derived if suchscallops were taken from the designated area after the relevant time,
d
supply, or have in possession for supply, any food or anything fromwhich food could be derived in the preparation or processing of whichanything was used in contravention of paragraph (a) of this article,
e
feed to any creature a feeding stuff in the preparation orprocessing of which anything was used in contravention of paragraph (a)of this article.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 22nd May 1991 at 17.20 hours.
Derek Andrews
Permanent Secretary, Ministry of Agriculture, Fisheries and Food


text:
1
The new highways which the Secretary of State proposes to construct along the routes described in the Schedule to this Order which connect the trunk road with Balsham Road at the place stated in that Schedule (the highways along these routes being in this Order referred to as “the slip roads”) shall become trunk roads as from the date when this Order comes into force.
2
The centre line of each of the slip roads is indicated by a heavy black line on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of any of the slip roads that–
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purpose of through traffic.
4
In this Order–
1
i
“the deposited plan” means the plan numbered HA10/2E/318 marked “The A11 Trunk Road (Four Went Ways to Newmarket Dualling) Slip Roads Order 1991”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House,43 Marsham Street, London SW1P 3PY.
ii
“Balsham Road” means the C236 road, known locally as Balsham Road;
iii
“the trunk road” means the A11 Trunk Road.
5
This Order shall come into force on 27th September 1991 and may be cited as the A11 Trunk Road (Four Went Ways to Newmarket Dualling) Slip Roads Order 1991.
Signed by authority of the Secretary of State for Transport
Peter Emms
Regional Director, Eastern Region,
Department of Transport
5th September 1991


text:
Citation and commencement
1
These Regulations may be cited as the Savings Certificates (Amendment) Regulations 1991 and shall come into force on 11th February 1991.
Amendment of principal Regulations
2
The Savings Certificates Regulations 1972 shall be amended:
a
by inserting at the end of regulation 6(1) the words “Where repayment is requested on a specified date the application may not, unless the Director of Savings otherwise agrees, be made more than two months before that date. Unless the Director of Savings otherwise directs or agrees any application for repayment shall be made to the Savings Certificate and SAYE Office, Durham.”;
b
by substituting the following for regulation 7(6) —
6
An uncrossed warrant shall be payable at the place named in the warrant or otherwise in accordance with the directions contained therein. The Director of Savings may dispatch the warrant to such place, and where he does so shall dispatch a notice informing the payee that he has done so.
;
c
by substituting the following for regulation 7(7) —
7
For the purpose of determining the amount repayable in respect of a certificate, the payment of the amount repayable thereunder shall be deemed to be effected on the date appearing on the warrant.
7A
Subject to paragraph (7B) below, the date appearing on the warrant shall, unless the holder has requested a later date, be not more than 21 days from the date on which application for payment of the amount repayable in respect of a certificate is received by the Director of Savings in accordance with regulation 6(1) above; and where the holder has requested that the warrant be dated with a later date, the date appearing on the warrant shall be no later than that date save that the Director of Savings may set a different date (being not more than 10 days after the requested date) if, having regard to the terms on which the certificate was issued, he is satisfied that such different date would be in the interests of the holder.
7B
If the Director of Savings is satisfied that it is or was not practicable to dispatch the warrant in time to enable payment thereof to be made on a date within paragraph (7A) above, then the date appearing on the warrant shall be no later than the earliest date by which he is satisfied it would be practicable for the payee to obtain payment thereof. In this paragraph the expression “payment” in relation to a crossed warrant shall include paying in the warrant at a bank or other institution.
7C
Paragraphs (7), (7A) and (7B) of this regulation shall apply and be deemed always to have applied to all certificates purchased and not repaid before the coming into force of those paragraphs, provided that in respect of such certificates the date appearing on the warrant shall not be a date which would result in the amount repayable being less than the amount that, having regard to the date on which the warrant is dispatched, would have been repayable if those paragraphs had not come into force in respect of such certificates.
; and
d
by substituting the following for regulation 7(8) —
8
The posting of
a
a warrant, or
b
the notice referred to in paragraph (6) above, where in accordance with that paragraph an uncrossed warrant is dispatched to the place at which it is payable,
to any person at the last address furnished to the Director of Savings shall, as regards the liability of the Treasury or the Director of Savings, be equivalent to the delivery of the warrant or notice to that person.
.
Irvine Patnick
Sydney Chapman
Two of the Lords Commissioners of Her Majesty’s Treasury
16th January 1991


text:
Citation and commencement
1
These Regulations may be cited as the Pensions Increase (Approved Schemes) (National Health Service) Amendment Regulations 1991, and shall come into force on 18th November 1991.
Amendment of Regulations
2
1
The Pensions Increase (Approved Schemes) (National Health Service) Regulations 1976 shall be amended in accordance with the following provisions of this regulation.
2
For regulation 4B (persons entering other employment on leaving reckonable service with an employing authority) there shall be substituted the following regulation —
Persons entering other employment on leaving reckonable service with an employing authority
4B
This regulation shall apply to any person who —
a
has ceased to be employed by an employing authority and immediately before doing so was in that employment subject to a superannuation scheme; and
b
within 12 months, or such longer period as the Secretary of State may allow, of that cessation has entered other employment which is —
i
employment related to the provision of health or allied services; or
ii
employment in the civil service of the State, local government, education, the police or the fire service; and
c
is not a person —
i
to whom civil service regulations apply; or
ii
to whom those regulations would apply if regulation 3(2) of those regulations were disregarded, or
iii
to whom the local government regulations apply; and
d
has within 6 months, or such longer period as the Secretary of State may allow, of the coming into force of this regulation, given written notice to the Secretary of State that he wishes the employment to which reference is made in paragraph (b) of this regulation to be taken into account for the purposes of paragraph (e) of this regulation; and
e
does not satisfy the requirements of regulation 4(1)(a)(ii) of these Regulations but would satisfy them if the length of time during which he has been employed in the employment to which reference is made in paragraph (b) of this regulation were added both to the length of time which he has spent in reckonable service and to his age at the time of the cessation mentioned in paragraph (a) of this regulation.
.
3
In regulation 4D (special provision for persons becoming superannuable after employment by a local authority), the following paragraph shall be substituted for paragraph (c) —
c
does not qualify for a payment under the local government regulations for any one or more of the following reasons (but for no other reason), namely —
i
that when he ceased to be in that employment he had not completed the requisite period of reckonable service,
ii
that when he ceased to be in that employment he had not attained the requisite age, or
iii
that he ceased to be in that employment before 1st April 1972,
but would qualify for a payment under those regulations if the length of time during which he has been superannuable under the Regualtions were added both to the length of time which he has spent in reckonable service and to his age at the time of the cessation mentioned in paragraph (a) of this regulation and the application of the local government regulations were not restricted to persons retiring from a local authority on or after 1st April 1972.
.
Signed by authority of the Secretary of State for Health.
Virginia Bottomley
Minister of State,
Department of Health
21st October 1991
We approve
Sidney Chapman
Nicholas Baker
Lords Commissioners of Her Majesty’s Treasury
21st October 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North Mersey Community National Health Service Trust (Establishment) Order 1991 and shall come into force on 1st November 1991.
2
In this Order unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of or Schedule 1 to the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 1st November 1991;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the North Mersey Community 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 North Mersey Community National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
to manage community health services provided from Sefton General Hospital, Smithdown Road, Liverpool, L15 2HE and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1 April 1992.
2
The accounting date of the trust shall be 31 March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Liverpool 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 Liverpool 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 Liverpool Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Stephen Dorrell
Parliamentary Under Secretary of State,
Department of Health
21st October 1991


text:
PART I
PRELIMINARY
Citation and commencement
1
These Regulations may be cited as the Customs Warehousing (Victualling) Regulations 1991 and shall come into force on 1st January 1992.
Interpretation
2
In these Regulations–
“ the Act ” means the Customs and Excise Management Act 1979;
“the Commission Regulation” means Commission Regulation ( EEC ) No. 3665/87 ;
“computer” has the same meaning as, by virtue of section 10 of the Civil Evidence Act 1968 , it has in Part I of that Act;
“occupier” means the person who has given security to the Crown in respect of a victualling warehouse;
“package” includes any bundle and any box, cask or other receptacle whatsoever;
“proprietor” means the proprietor of goods in a victualling warehouse;
“victualling warehouse” means a place of security approved by the Commissioners under section 92(2) of the Act .
Application
3
These Regulations shall apply to all victualling warehouses and to all goods warehoused therein.
PART II
CONTROL OF VICTUALLING WAREHOUSES AND WAREHOUSED GOODS
Time of warehousing
4
Goods brought to a victualling warehouse for warehousing or rewarehousing shall be deemed to be warehoused or rewarehoused, as the case may be, when they are put in the victualling warehouse for that purpose.
Receipt of goods
5
Save as the proper officer may otherwise allow, when any goods are brought to a victualling warehouse for warehousing or rewarehousing, the occupier shall without delay notify the proper officer in writing of any deficiency, surplus or other discrepancy between the particulars of the goods shown on the receipt documents and the goods received.
Records
6
1
The occupier shall keep a register in such form and manner as the proper officer shall approve.
2
At such times as the proper officer shall require, the occupier shall enter in the register the following particulars of goods which are warehoused or rewarehoused which have been removed from the victualling warehouse–
a
the date on which the goods were brought to the victualling warehouse;
b
the number of any customs document accompanying the goods and the name and address of the issuing customs office;
c
the information specified in Article 3.5 of the Commission Regulation;
d
the date on which the goods were removed from the victualling warehouse;
e
where the goods have been transferred to another victualling warehouse, the name and address of such other warehouse;
f
where the goods have been loaded on board a vessel or aircraft–
i
the registration number and name of such vessel or aircraft, and
ii
the date of such loading; and
g
where the goods have been supplied to a rig or workpoint of a kind specified in Article 42.1(a) of the Commission Regulation, the name of such rig or workpoint.
3
The occupier shall keep the register at the victualling warehouse unless the proper officer consents to it being kept at some other place.
4
The occupier shall retain the register for at least three years from the end of the calendar year in which the goods were removed from the victualling warehouse.
5
The occupier shall, if so required by the proper officer, produce the register and shall permit the proper officer to take copies thereof or to make notes therein: Provided that if the information which would otherwise be contained in the register is–
a
stored in a computer; or
b
contained on a film (including microfilm), negative, tape or other device in which one or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom,
the occupier shall, on request, produce that information in the form of a transcript or other legible reproduction.
6
The occupier shall keep in such manner as the proper officer shall approve the certificates of delivery on board produced for the purposes of Article 42 of the Commission Regulation; and paragraphs (3), (4) and (5) above shall apply to such certificates as if they formed part of the register kept in accordance with this Regulation.
Stocktaking
7
1
The occupier shall permit the proper officer at any reasonable time to take stock of warehoused goods and shall afford such facilities as the officer may reasonably require for this purpose.
2
The occupier shall take stock of warehoused goods when the proper officer may for reasonable cause so require.
3
When the occupier takes stock of the goods deposited in the warehouse, whether or not in pursuance of a requirement under paragraph (2) above, he shall notify the proper officer forthwith in writing of any deficiency, surplus or any discrepancy revealed thereby, and if so required by the proper officer shall provide him with a copy of the stocktaking account.
Warehousing and marking of packages and lots
8
1
Save as the proper officer may otherwise allow, goods shall be warehoused in the packages or lots in which they were first entered for warehousing and their proprietor shall mark and keep marked those packages or lots as the proper officer may require.
2
No alteration shall be made to warehoused goods or to their packaging or marking except with the authority of the proper officer.
3
Any goods in respect of which this regulation is contravened shall be liable to forfeiture.
Stowage and production of goods
9
Save as the proper officer may otherwise allow, the occupier shall so stow every package or lot of warehoused goods that safe and easy access may be had thereto and shall produce to the proper officer on request any such goods which have not been lawfully removed from the victualling warehouse.
Operations on warehoused goods
10
1
Operations by way of marking, airing, chilling, freezing and packaging and those specified in Article 36 of the Commission Regulation may be carried out in accordance with any requirement made by the proper officer.
2
A requirement made under paragraph (1) above may relate to the parts of victualling warehouses in which operations may be carried out.
3
The person intending to carry out any operation mentioned in this regulation shall first obtain an authorisation from the proper officer.
4
The proper officer may for reasonable cause revoke or vary any requirements imposed under this regulation.
5
Any goods upon which any operation is carried out in breach of this regulation shall be liable to forfeiture.
Removal of goods from victualling warehouse
11
1
Save as the proper officer may otherwise allow, before any goods are removed from a victualling warehouse for rewarehousing in another victualling warehouse, their proprietor shall deliver to the proper officer an entry thereof in such form and manner and containing such particulars as the proper officer may direct.
2
Warehoused goods shall not be removed from a victualling warehouse as supplies of the kind and for the purposes mentioned in Article 38 of the Commission Regulation, except with the authority of and in accordance with any requirement made by the proper officer.
3
Where goods are entered under this regulation they shall forthwith be removed from the victualling warehouse; but if the proper officer allows those goods to remain therein they shall for warehousing purposes be treated as having been removed at the time of entry.
Goods not sent to an entitled destination
12
Where it is found that goods warehoused in a victualling warehouse have not reached the destination referred to in regulation 11(2) above or, due to the operation of Article 13 of the Commission Regulation, no longer qualify for a refund, the occupier shall notify the proper officer forthwith in writing.
PART III
REVOCATION
Revocation of approvals of victualling warehouses
13
The period prescribed by the Commissioners at the end of which the revocation of their approval of a victualling warehouse is to take effect shall be two working days ending with the date specified in their notice of intention to revoke or such longer period as they may, upon application by the occupier, allow.
Revocation of the Customs Warehousing Regulations 1979
14
The Customs Warehousing Regulations 1979 are hereby revoked.
New King’s Beam House22 Upper GroundLondonSE1 9PJ
Alexander W. Russell
Commissioner of Customs and Excise
4th December 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Sheffield Children’s Hospital National Health Service Trust (Establishment) Order 1991 and shall come into force on 1st November 1991.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 1st November 1991;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Sheffield Children’s 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 Sheffield Children’s 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 provided at Sheffield Children’s Hospital, Western Bank, Sheffield, S10 2TH and associated premises including the management of its teaching and research facilities.
Directors of the trust
4
The trust shall have, in addition to the chairman 5 non-executive directors and5 executive directors.
2
Since the trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 3(1)(d) of Schedule 2 to the Act one of the nonexecutive directors shall be appointed from Sheffield University.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1 April 1992.
2
The accounting date of the trust shall be 31 March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Sheffield 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 requireble the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The Sheffield 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 Sheffield Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Stephen Dorrell
Parliamentary Under Secretary of State,
Department of Health
21st October 1991


text:
Citation, commencement and revocation
1
1
These Regulations may be cited as the Merchant Shipping Act 1970 (Unregistered Ships) Regulations 1991 and shall come into force on 8th July 1991.
2
The Merchant Shipping (Unregistered Ships) Regulations 1972 are hereby revoked.
Extension to ships entitled to be registered of 24 metres or more in length
2
It is hereby directed that —
a
the provisions of the Merchant Shipping Act 1970 specified in column 1 of Part I of Schedule 1 to these Regulations ; and
b
the provisions of the Regulations made under that Act specified in column 1 of Part II of that Schedule ;
shall extend to ships (other than fishing vessels) of the following description, that is to say, sea-going ships —
i
which are wholly owned by a person resident in, or by a body corporate (not being a general lighthouse authority) having a principal place of business in, the United Kingdom ;
ii
which are entitled to be registered in the United Kingdom under the Merchant Shipping Act 1894 but are not registered, whether in the United Kingdom or elsewhere ; and
iii
which are 24 metres or more in length ;
and to masters and seamen employed in them, with such exceptions, adaptations or modifications (if any) as are specified in column 2 of that Schedule.
Extension to ships entitled to be registered of less than 24 metres in length
3
It is hereby directed that —
a
the provisions of the Merchant Shipping Act 1970 specified in column 1 of Part I of Schedule 2 to these Regulations ; and
b
the provisions of the Regulations made under that Act specified in column 1 of Part II of that Schedule;
shall extend to ships (other than fishing vessels) of the following description, that is to say, sea-going ships
i
which are wholly owned by a person resident in, or a body corporate (not being a general lighthouse authority) having a principal place of business in, the United Kingdom ; and
ii
which are entitled to be registered in the United Kingdom under the Merchant Shipping Act 1894 but are not registered, whether in the United Kingdom or elsewhere ; and
iii
which are less than 24 metres in length;
and to masters and seamen employed in them, with such exceptions, adaptations and modifications (if any) as are specified in column 2 of that Schedule.
Extension of section 27 of the Merchant Shipping Act 1970
4
1
It is hereby directed that section 27 of the Merchant Shipping Act 1970 shall extend to ships (other than fishing vessels) of the following description, that is to say sea-going ships —
i
which are wholly owned by a person resident in, or a body corporate (not being a general lighthouse authority) having a principal place of business in, the United Kingdom ; and
ii
which are entitled to be registered in the United Kingdom under the Merchant Shipping Act 1894 but are not registered, whether in the United Kingdom or elsewhere;
and to masters and seamen employed in them.
2
It is hereby directed that the said section 27 shall apply to sea-going ships (other than fishing vessels) which are not registered, whether in the United Kingdom or elsewhere, other than ships falling within paragraph (1) above, and to masters and seamen employed in them, when such ships are within the saeward limits of the territorial sea of the United Kingdom while proceeding to or from a port in the United Kingdom.
Amendment of regulations
5
The Merchant Shipping (Crew Accomodation) Regulations 1978 shall be amended by substituting for regulation 4(1)(b) the following —
b
is not registered in the United Kingdom or elsewhere
.
6
The Merchant Shipping (Returns of Births and Deaths) Regulations 1979 shall be amended by deleting the word “British” from regulation 12(1).
Signed by the authority of the Secretary of State for Transport
Brabazon of Tara
Minister of State,
Department of Transport
12th June 1991


text:
Citation and commencement
1
1
These Regulations may be cited as the European Communities(Recognition of Professional Qualifications) Regulations 1991.
2
These Regulations shall come into force as follows: —
a
regulation 11, on the date of coming into force of section 25 of theCompanies Act 1989 ;
b
regulation 12, on the date of coming into force of Article 28 of theCompanies (Northern Ireland) Order 1990 ;
c
all other regulations on 17th April 1991.
Interpretation
2
1
In these Regulations, unless the context otherwise requires, thefollowing words and phrases have the following meanings (and cognateexpressions shall be construed accordingly) —
“adaptation period” means a period of practice of a regulated profession in the UnitedKingdom under the supervision of a qualified member of that profession,required by a designated authority pursuant to regulation 6(1)(b);
“another member State” means a member State other than the United Kingdom;
“appeal body” means, in respect of any regulated profession, the body, court orperson specified in relation to that profession in Schedule 4;
“aptitude test” means a test required by a designated authority pursuant toregulation 6(1)(b);
“competent authority” means, in relation to any
document, certificate, diploma or qualification, or
period of professional experience,
referred to in these Regulations, the authority, body or person in a member State authorised under the laws, regulations or administrative provisions of that State, to issue, award or recognise such document, certificate, diploma or qualification, or to certify any such period;
“corresponding profession” means a profession, the pursuit of which in another member Stateincludes a substantial number of the professional activities comprisedin the pursuit of the profession in the United Kingdom which is thesubject of the migrant’s application;
“designated authority” means a body or authority designated in relation to a regulatedprofession by regulation 4 and Schedule 1 and any qualifying bodyreferred to in regulations 11(2) and 12(3);
“diploma” means any diploma, certificate or other evidence of formalqualifications awarded by a competent authority in a memberState —
which shows that the holder:
has successfully completed a post-secondary course of at least threeyears' duration (or of an equivalent duration part-time) at a universityor an establishment of higher education or an establishment of similarlevel;
has successfully completed any additional professional trainingrequired; and
has the qualifications required for the practice of a regulatedprofession in that State;
provided that either:
the education and training attested were received mainly within theEconomic Community; or
the holder has had at least three years' professional experiencecertified by a competent authority in that State (being a State whichrecognised a diploma, certificate or other evidence of formalqualifications obtained in a non-member State);
or
which was awarded on the successful completion of education andtraining received within the Economic Community, and which —
has been recognised by a competent authority in that State asequivalent in level to a diploma to which sub-paragraph (a) applies; and
confers the same rights in respect of the practice of a regulatedprofession in that State;
“the Directive” means Council Directive 89/48/ EEC on a general system for the recognition ofhigher-education diplomas awarded on completion of professionaleducation and training of at least three years' duration;
“migrant” means a national of a member State applying under these Regulationsto a designated authority for authorisation to practise;
“native applicant” means a national of a member State applying to a designatedauthority for authorisation to practise, the qualifications of whom wereobtained wholly within the United Kingdom;
“practise” in relation to any regulated profession, includes —
the taking up or pursuit of the profession in a member State,whether in a self-employed capacity or as an employed person; and
the right to use, in the course of such pursuit, a professionaltitle or designatory letters, or the enjoyment of any special statuscorresponding to a diploma, granted by a designated authority for thatprofession;
“professional experience” means the lawful pursuit in a member State of a professioncorresponding to the regulated profession which is the subject of themigrant’s application;
“regulated profession” means a profession in respect of which a designated authority isspecified in Schedule 1 and the profession of company auditor as definedin section 24(2) of the Companies Act 1989 and Article 27(2) of theCompanies (Northern Ireland) Order 1990.
2
A reference in these Regulations to“the United Kingdom” shall, as the context requires, include a reference to any of the following: England and Wales, Scotland, and Northern Ireland.
3
Any reference in these Regulations to a numbered regulation orSchedule is a reference to the regulation or Schedule so numbered inthese Regulations.
Application
3
These Regulations shall apply notwithstanding any enactment or ruleof law, including any provision in any charter, bye-law or other rule(however described) governing any designated authority.
Designated authorities
4
1
The designated authority for a regulated profession in the UnitedKingdom is the body or authority specified in relation to thatprofession in Schedule 1.
2
Without prejudice to its other powers and functions, a designatedauthority shall have the function of considering applications andgranting authorisations under these Regulations.
Right to practise in the United Kingdom
5
1
Subject to regulation 6, a designated authority for a regulatedprofession may not, on grounds of inadequate qualifications, refuse toauthorise a migrant to practise the profession on the same conditions asapply to someone who holds the diploma required of native applicants,if —
a
the migrant holds the diploma required in another member State forthe practice of a corresponding profession regulated by that State, thediploma having been awarded in another member State; or
b
the migrant has within the ten years immediately prior to hisapplication pursued a corresponding profession for at least two yearsfull-time in a member State which does not regulate that profession, andproduces the evidence specified in paragraph (2) below.
2
The evidence referred to in sub-paragraph (1)(b) of this regulationis of the following:
a
formal qualifications awarded by a competent authority in a memberState which —
i
show that the migrant has successfully completed a post-secondarycourse of at least three years' duration (or equivalent durationpart-time) at a university or an establishment of higher education or anestablishment of similar level in a member State;
ii
show the migrant has successfully completed any additionalprofessional training required; and
iii
prepared the migrant for the corresponding profession;
or
b
formal qualifications awarded by a competent authority in a memberState on the successful completion of education and training within theEconomic Community, and recognised by a competent authority in thatState as equivalent to the qualifications specified in sub-paragraph(2)(a) of this regulation; provided that notification of suchrecognition has been duly given in accordance with Article 3(b) of theDirective.
Professional experience, adaptation periods and aptitude tests
6
1
A designated authority may, before authorising the migrant topractise the regulated profession, require him to satisfy one or otherof the following conditions (but not both) —
a
where the duration of the education and training received by themigrant, as appears from the matters established by him pursuant toregulation 5, is at least one year less than that required of nativeapplicants, he may be required to provide evidence of a period ofprofessional experience; and the provisions of Schedule 2 shall haveeffect with respect to the length of that period;
b
in the circumstances specified in paragraph (3) of this regulation (but subject to paragraph (2)), the migrant may be required either —
i
successfully to complete an adaptation period not exceeding threeyears; or
ii
to pass an aptitude test.
2
Where a requirement is imposed pursuant to sub-paragraph (1)(b) ofthis regulation, the choice between an adaptation period and an aptitudetest shall be that of the migrant, except in the case of the regulatedprofessions specified in Schedule 3 (where the provisions of thatSchedule shall apply).
3
The circumstances referred to in sub-paragraph (1)(b) of thisregulation are where the matters covered by the education and trainingreceived by the migrant, as established by him pursuant to regulation 5,differ substantially from those covered by the diploma required ofnative applicants.
Requirements in relation to aptitude tests
7
1
An aptitude test shall be limited to the professional knowledge ofthe migrant and shall have the aim of assessing his ability to pursuethe relevant regulated profession in the United Kingdom. The test shalltake into account that he is a qualified professional in another memberState.
2
The designated authority shall determine the matters to be coveredby the aptitude test as follows:
a
the authority shall establish which subjects covered by the diplomarequired of native applicants are not already covered by the migrant'sdiploma or other evidence of formal qualifications;
b
the test shall cover subjects selected from those so established,the knowledge of which is essential for the pursuit of the regulatedprofession in the United Kingdom;
c
the test may include knowledge of the relevant rules of professionalconduct.
3
The professional status of a migrant preparing for the aptitude testshall be a matter for the designated authority.
Requirements in relation to adaptation periods
8
1
The designated authority shall determine the detailed requirementsof the adaptation period, having regard to the circumstances of eachindividual migrant and, in particular, to the fact that he is aqualified professional in another member State.
2
The migrant may be required to undergo further training during theadaptation period.
3
The migrant’s performance during the adaptation period shall beassessed by the designated authority.
4
The professional status of a migrant during the adaptation periodshall be a matter for the designated authority.
Evidence from competent authorities
9
1
A designated authority shall, in connection with any matterrequiring to be established pursuant to regulation 5 or 6, accept assufficient evidence thereof the certificates or other documents dulyissued by a competent authority of the relevant member State for thepurpose of attesting such matters.
2
A designated authority which —
a
requires of an applicant for authorisation to practice proof that heis of good character or repute, or that he has not been declared oradjudged bankrupt, or had a bankruptcy or similar order made against himor in relation to his estate; or
b
suspends or prohibits practise in the event of serious professionalmisconduct or the commission of a criminal offence;
shall accept as sufficient evidence in relation to the foregoing:
i
the documents showing the relevant conditions are met, duly issuedby the competent authorities of the member State of origin of themigrant, the member State from which the migrant comes or the memberState in which the migrant formerly qualified or practised; or
ii
where those authorities do not issue such documents, a declarationon oath or solemn declaration to the required effect, made by themigrant before a competent judicial or administrative authority or(where appropriate) a notary or duly qualified professional body of therelevant member State; provided that in each case such declaration isauthenticated by a certificate issued by the authority, notary or body.
3
A designated authority which requires of persons wishing to practisea certificate of physical or mental health, shall accept as sufficientevidence thereof the documents required for such a purpose in the memberState of origin of the migrant, the member State from which the migrantcomes or the member State in which the migrant formerly qualified orpractised, or (where none are required in those States) a certificateissued by a competent authority there which corresponds to thecertificate issued for that purpose in the United Kingdom.
4
A designated authority may require any document or certificatereferred to in paragraph (2) or (3) of this regulation to be presentedno more than three months after the date of its issue.
5
Where a designated authority requires applicants to take an oath ormake a solemn declaration, the form of which is such that it cannot betaken or made by nationals of another member State, it shall ensure thatan appropriate equivalent form of oath or declaration is available forthose nationals.
Use of professional title
10
1
A migrant who has been granted authorisation to practise a regulatedprofession pursuant to these Regulations shall have the right touse —
a
the professional title and designatory letters applicable to thatprofession in the United Kingdom; and
b
the lawful academic title (and where appropriate the abbreviationthereof) acquired by him in the member State in which he formerlyqualified and in the language of that State.
2
Where the migrant makes use of the possibility provided for insub-paragraph (1)(b) of this regulation, the designated authority mayrequire that the title shall be followed by the name and location of theestablishment or examining board which awarded it.
3
Where the migrant makes use of the possibility provided for insub-paragraph (1)(a) of this regulation, and the profession is one ofthose specified in Part 2 of Schedule 1 (Professions regulated byprofessional bodies incorporated by Royal Charter), he shall only beentitled to use the professional title or designatory letters on proofof membership of the relevant body.
4
Where membership of a professional body is subject to anyqualification requirements, such requirements may be applied to amigrant who satisfies condition (a) or (b) of regulation 5(1) only sofar as they are consistent with the provisions of these Regulations.
Special provisions for company auditors
11
1
In this regulation —
a
“ the Act ” means the Companies Act 1989;
b
“company auditor” has the meaning given in s.24(2) of the Act;
c
“qualifying body” means a body offering a qualification in respect of which there isfor the time being in force an order made by the Secretary of Statepursuant to paragraph 2 of Schedule 12 to the Act; and
d
“supervisory body” means a body in respect of which there is for the time being inforce an order made by the Secretary of State pursuant to paragraph 2 ofSchedule 11 to the Act.
2
Any qualifying body is a designated authority for the regulated profession of company auditor and may accordingly authorise a migrant as qualified to practise that profession.
3
A migrant so authorised shall be eligible for appointment as acompany auditor only if he satisfies the conditions for eligibility laiddown in Part II of the Act.
4
Notwithstanding anything in Part II of Schedule 11 to the Act, inthe case of a migrant who has been granted authorisation to practise bya qualifying body pursuant to these Regulations and who has satisfiedany requirements imposed by that body under regulation 6, a supervisorybody may not exclude the migrant from membership, or otherwise limit hiseligibility for appointment, on any ground related to his previouseducation and training or to the length of his previous professionalexperience or practice.
5
Regulation 9 shall apply to supervisory bodies as it applies todesignated authorities.
6
References, in Part II of the Act, to individuals holding anappropriate qualification are to be construed as including individualswho have been authorised to practise by a qualifying body pursuant tothese Regulations and who have fulfilled any requirements imposedpursuant to regulation 6.
Special provisions for company auditors in Northern Ireland
12
1
This regulation applies to Northern Ireland only.
2
In this regulation —
a
“ the Order ” means the Companies (Northern Ireland) Order 1990;
b
“company auditor” has the meaning given in Article 27(2) of the Order;
c
“qualifying body” means a body offering a qualification in respect of which there isfor the time being in force an order made by the Department of EconomicDevelopment pursuant to paragraph 2 of Schedule 12 to the Order;
d
“supervisory body” means a body in respect of which there is for the time being inforce an order made by the Department of Economic Development pursuantto paragraph 2 of Schedule 11 to the Order.
3
Any qualifying body in Northern Ireland is a designated authorityfor the regulated profession of company auditor and may accordinglyauthorise a migrant as qualified to practise that profession.
4
A migrant so authorised shall be eligible for appointment as acompany auditor only if he satisfies the conditions for eligibility laiddown in Part III of the Order.
5
Notwithstanding anything in Part II of Schedule 11 to the Order, inthe case of a migrant who has been granted authorisation to practise bya qualifying body pursuant to these Regulations and who has satisfiedany requirements imposed by that body under regulation 6, a supervisorybody may not exclude the migrant from membership, or otherwise limit hiseligibility for appointment, on any ground related to his previouseducation and training or to the length of his previous professionalexperience or practice.
6
Regulation 9 shall apply to supervisory bodies in Northern Irelandas it applies to designated authorities.
7
References, in Part III of the Order, to individuals holding anappropriate qualification are to be construed as including individualswho have been authorised to practise by a qualifying body pursuant tothese Regulations and who have fulfilled any requirements imposedpursuant to regulation 6.
Decisions of designated authorities and appeals
13
1
A designated authority for a regulated profession shall consider themigrant’s application as soon as is reasonably practicable, and shallnotify him of its decision together with the reasons upon which it isbased within four months of receipt of all the relevant documents.
2
Where a designated authority imposes a requirement pursuant toparagraph (1) of regulation 6, the decision referred to above shallinclude —
a
in the case of a period of professional experience, a determinationof the length of that period;
b
in the case of an adaptation period, a determination of the length of the period and the training, if any, required;
c
in the case of an aptitude test, a determination of the matters tobe covered by the test.
3
For the purposes of this regulation, if a designated authority failsto take a decision and notify it to the migrant within the periodmentioned in paragraph (1) of this regulation, it shall be deemed tohave taken a decision to reject his application and to have notified itto him on the last day of that period.
4
Within three months of the notification to him of the designatedauthority’s decision, or thereafter with leave of the appeal body, themigrant may appeal against the decision to the appeal body specified inSchedule 4.
5
An appeal body for a regulated profession may, for the purpose ofdetermining any appeal under these Regulations against the decision of adesignated authority —
a
give any authorisation to practise and impose any condition whichthe designated authority could give or impose in relation to thatprofession; or
b
remit the matter to the designated authority with such directions asthe appeal body sees fit.
6
Without prejudice to any powers of the Court of Session in Scotlandto regulate the proceedings of itself and those of the sheriff courts,an appeal body in England and Wales or Northern Ireland may make rulesof procedure governing the hearing and determination of any appeal underthese Regulations against the decision of a designated authority. Suchrules may make different provision for different cases.
Information from designated authorities
14
Designated authorities shall provide the Secretary of State withsuch information (including statistical information) as he may requireconcerning applications made and decisions taken under theseRegulations.
Tim Sainsbury
Minister for Trade,
Department of Trade and Industry
25th March 1991


text:
Citation and commencement
1
This Order may be cited as the Western Isles Islands Council (Hushinish) Water Order 1991 and shall come into force on 18th December 1991.
Approval of agreement to take water
2
In so far as it relates to the acquisition by the Western Isles Islands Council of the right to take water from that un-named loch lying to the west of Hushinish, Isle of Harris at National Grid Reference NA9849 1208 and to the reservations and conditions contained therein affecting said right, the Minute of Agreement entered into between Enessy Co. SA of the first part and the Western Isles Islands Council of the other part, dated 26th August and 20th September, both months in the year 1991, and recorded in the Division of the Register of Sasines for the County of Inverness and registered in the Books of Council and Session both on 28th October 1991, is hereby approved.
Miscellaneous
3
The Western Isles Islands Council shall at all times after the expiration of six months from the date on which this Order comes into force keep at the office of the Chief Executive of the Council a copy thereof and an extract of the said Agreement.
T.D. Macdonald
Deputy Chief Engineer, Scottish Office
Scottish Office Environment Department,
27 Perth Street Edinburgh
11th December 1991


text:
Citation and commencement
1
This Order may be cited as the Channel Tunnel (Emergency Medical Services) Order 1991 and shall come into force on 1st April 1991.
Application of enactments etc
2
In relation to any need arising anywhere within the tunnel system (whether in England or in France) for the provision of medical services in an emergency, the National Health Service Act 1977 and the National Health Service and Community Care Act 1990 and subordinate legislation and other instruments made under those Acts shall apply as if —
a
the tunnel system were part of England and, in particular, of the local government district of Dover;
b
in section 5(2B) of the National Health Service Act 1977 the word “or” after paragraph (b) were omitted, and after paragraph (c) there were inserted —
d
to taking a patient outside the tunnel system for the purposes of medical treatment (which expression has the meaning given in section 1(7) of the Channel Tunnel Act 1987)
.
William Waldegrave
Secretary of State for Health
8th March 1991


text:
1
This Order may be cited as the Litter (Animal Droppings) Order 1991and shall come into force on 1st May 1991.
2
The provisions of Part IV of the Environmental Protection Act 1990which apply to refuse shall apply to dog faeces on land of the followingdescriptions which is not heath or woodland or used for the grazing ofanimals:
any public walk or pleasure ground;
any land, whether inclosed or not, on which there are no buildings or of which no more than one-twentieth part is covered with buildings, and the whole or the remainder of which is laid out as a garden or is used for the purposes of recreation;
any part of the seashore (that is to say every cliff, bank, barrier, dune, beach, flat or other land adjacent to and above the place to which the tide flows at mean high water springs) which is —
frequently used by large numbers of people, and
managed by the person having direct control of it as a tourist resort or recreational facility;
any esplanade or promenade which is above the place to which the tide flows at mean high water springs;
any land not forming part of the highway, or, in Scotland, a public road, which is open to the air, which the public are permitted to use on foot only, and which provides access to retail premises;
a trunk road picnic area provided by the Minister under section 112 of the Highways Act 1980 or, in Scotland, by the Secretary of State under section 55 of the Roads (Scotland) Act 1984 ;
a picnic site provided by a local planning authority under section 10(2) of the Countryside Act 1968 or, in Scotland, a picnic place provided by an islands or district council or a general or district planning authority under section 2(2)(a)(i) of the Local Government (Development and Finance) (Scotland) Act 1964 ;
land (whether above or below ground and whether or not consisting of or including buildings) forming or used in connection with off-street parking places provided in accordance with section 32 of the Road Traffic Regulation Act 1984 .
Michael Heseltine
Secretary of State for the Environment
4th April 1991
David Hunt
Secretary of State for Wales
9th April 1991
James Douglas-Hamilton
Parliamentary Under Secretary of State, Scottish Office
8th April 1991


text:
1
These Regulations may be cited as the Police (Discipline) (Amendment) Regulations 1991 and shall come into force on 1st September 1991.
2
Regulation 24 of the Police (Discipline) Regulations 1985 is amended–
a
in paragraph (9) by substituting for the word “Where” the words “Subject to paragraph (10), where”; and
b
by inserting after paragraph (9)–
10
Paragraph (9) does not apply where the accused is a member of the metropolitan police force and a punishment specified in paragraph (1)(a), (b) or (c) is imposed.
.
3
Paragraph 8(1) of Schedule 3 to the Police (Discipline) Regulations 1985 is amended by inserting after the words “appointed by him” the words “, and as if in regulation 26(10) for the words after “shall have effect”, where first occurring, there were substituted the words “by way of substitution for, and as from the date of, the decision appealed against.””.
Kenneth Baker
One of Her Majesty’s Principal Secretaries of State
Home Office
22nd July 1991


text:
1
This Order may be cited as the A13 Trunk Road (Movers Lane Flyover, Barking and Dagenham) (Weight Restriction) Order 1991 and shall come into force on 23rd November 1991.
2
In this Order —
“Alfred’s Way” means that length of the trunk road (East Ham and Barking By-pass) in the London Borough of Barking and Dagenham known as Alfred’s Way;
“the Movers Lane Flyover” means the provision made in Alfred’s Way for the passage of through traffic in Alfred’s Way over the roundabout at the junction of Alfred’s Way with Movers Lane and River Road, starting 140 metres west of a point opposite the western kerbline of Movers Lane and extending eastwards for a distance of 290 metres; and
“maximum gross weight” has the same meaning as in regulation 4(1) of the Traffic Signs Regulations 1981 .
3
Save as provided in article 4 below, no person shall cause or permit any vehicle to proceed on the Movers Lane Flyover if the maximum gross weight exceeds 7.5 tonnes.
4
Nothing in this Order shall apply to anything done with the permission or at the direction of a police constable in uniform or of a traffic warden.
Signed by authority of the Secretary of State for Transport.
J. C. Miles
Director (Network Management) London Regional Office of the
Department of Transport
18th November 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Aylesbury Vale Community Healthcare National Health Service Trust (Establishment) Order 1991 and shall come into force on 1st November 1991.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of or Schedule 1 to the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 1st November 1991;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Aylesbury Vale Community 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 Aylesbury Vale Community 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 —
to manage community health services provided from Manor House, Bierton Road, Aylesbury, Buckinghamshire, HP20 1EG and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman 4 non-executive directors and4 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1992.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Aylesbury Vale 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 Aylesbury Vale 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 Aylesbury Vale Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Stephen Dorrell
Parliamentary Under Secretary of State,
Department of Health
21st October 1991


text:
Title, commencement and interpretation
1
1
This Order, which supersedes the Land Registration (District Registries) Order 1989 , may be cited as the Land Registration (District Registries) Order 1991 and shall come into force on 16th March 1992.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the Land registration Act 1925;
“district registry” means a district registry of the Land registry within the meaning of section 132 of the Act;
“the Schedule” means the Schedule to this Order.
District Registries
2
1
a
There shall continue to be district registries bearing the names and at the places specified in column 1 in Part I of the Schedule.
b
On and after the date specified in column 1 in Part II of the Schedule there shall be a new district registry bearing the name and at the place specified in that column.
2
Each district registry shall be the proper office for the purposes of the registration of titles to land wholly or partly in its district, which shall comprise the administrative areas specified opposite its name in columns 2 and 3 in both Parts of the Schedule:
Provided that —
North Yorkshire shall not form part of the district of the York District Land Registry before 5th October 1992 and shall not form part of the district of the Durham District Land Registry on or after that date;
and the provisions of the Schedule shall be construed accordingly.
Mackay of Clashfern, C.
Dated 13th November 1991
We concur,
Gregory Knight
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 20th November 1991


text:
Citation and commencement
1
These Regulations may be cited as the Parliamentary Pensions(Amendment) Regulations 1991 and shall come into force on 2nd April1991.
Interpretation
2
In these Regulations, unless the context otherwise requires:
1
“the 1972 Act ” means the Parliamentary and other Pensions Act 1972 as amended by the Parliamentary and other Pensions andSalaries Act 1976 , the Parliamentary Pensions Act 1978 and the Parliamentary Pensions Etc. Act 1984 .
2
Expressions used in these Regulations have the meaning which theybear in the existing enactments as defined in paragraph 5 of Schedule 2to the Parliamentary and other Pensions Act 1987.
Maximum pension
3
In section 3 of the 1972 Act (contributions from Parliamentaryremuneration) after subsection (7) there shall be inserted:
8
Where on or after 2nd April 1991 a person’s aggregate period ofreckonable service as a Member (increased where appropriate by theaddition of any period under section 22(3) of this Act or by thepurchase of added years by virtue of section 11 of the Act of 1978)exceeds that which would give rise to the maximum pension allowed inrespect of that person under section 7(3A) of this Act, and that Memberhas not attained the age of 65, no deduction shall be made from hissalary under this section.
Early retirement
4
In section 7 of the 1972 Act after subsection (4A) there shall beinserted:
4B
Where on or after 2nd April 1991 a person who
a
is a Member of the House of Commons and ceases to be a Member ofthat House;
b
has attained the age of fifty years; and
c
has been a Member of that House for a period of not less thanfifteen years, or for two or more periods amounting in the aggregate tonot less than fifteen years (hereinafter referred to in respect of aperson as his“qualifying period”), applies in writing to the trustees for an immediate pension underthis section, then, if the trustees are satisfied that he does notintend to stand for re-election to that House, he shall be entitled toreceive a pension under this section as if he had attained the age of 65years on the date of his application or, if later, such other date asmay be there specified; but the annual amount of the pension to which heis so entitled, both before and after he attains the age of 65 years,shall (subject to sections 11 and 31 of this Act) be an amountcalculated in accordance with Schedule 5 to this Act.
4C
For the purposes of subsection (4B)(c) of this section service of aperson as a Member of the Parliament of the European Communities,whether rendered before or after 2nd April 1991, may count towards hisqualifying period to the extent that it is not concurrent with serviceas a Member of the House of Commons.
5
After Schedule 4 to the 1972 Act there shall be inserted:
SCHEDULE 5
Section 7(4B)
Early retirement for certain Members after 2nd April 1991
1
The pension to which a person is entitled by virtue of section 7(4B)shall be abated, having regard to the person’s age and the length of hisqualifying period at the date of his application or, if later, suchother date as may be there specified, from the date from which thatpension is payable by the percentage specified in the table below.
2
The pension to which a person is entitled by virtue of section 7(4B)shall not be reduced below the rate of the guaranteed minimum pension,as provided for by Article 3 of the Parliamentary and other Pensions(Contracted-Out Provisions) Order 1978 .
Abatement by Single Percentage from Date Pension Payable
Qualifying period (years) Age Age pension brought into payment 20 or more 19 18 17 16 15
Where the age or the qualifying period is not an exact number ofyears the percentage abatement shall be obtained by interpolating firstfor the required age and secondly for the required qualifying period.
65 0.0 0.0 0.0 0.0 0.0 0.0 64 0.0 0.0 0.0 0.0 0.0 7.0 63 0.0 0.0 0.0 0.0 7.0 13.7 62 0.0 0.0 0.0 7.0 13.7 19.9 61 0.0 0.0 7.0 13.7 19.9 25.6 60 0.0 7.0 13.7 19.9 25.6 30.8 59 7.0 13.7 19.9 25.6 30.8 35.6 58 13.7 19.9 25.6 30.8 35.6 39.9 57 19.9 25.6 30.8 35.6 39.9 43.7 56 25.6 30.8 35.8 39.9 43.7 47.0 55 30.8 35.6 39.9 43.7 47.0 50.0 54 35.6 39.9 43.7 47.0 50.0 52.8 53 39.9 43.7 47.0 50.0 52.8 55.4 52 43.7 47.0 50.0 52.8 55.4 57.7 51 47.0 50.0 52.8 55.4 57.7 59.8 50 50.0 52.8 55.4 57.7 59.7 61.8
6
In section 7(6) of the 1972 Act for the words“subsections (4) and (4A)” there shall be substituted the words“subsections (4), (4A) and (4B).”
7
In section 9(1) of the 1972 Act (pensions for office-holders) afterthe words“section 7(4A)” there shall be inserted in both places where they occur the words“or (4B).”
8
In section 10 of the 1972 Act (amount of pension for office-holders)after subsection (3C) there shall be inserted —
3D
If a person becomes entitled to a pension under section 9 of the1972 Act by virtue of his entitlement to a pension under section 7(4B)of that Act, his pension under section 9 shall be abated by the samepercentage and from the same date as the pension paid by virtue ofsection 7(4B).
9
In section 25(2A) of the 1972 Act (interpretation) there shall besubstituted forthe words“under section 7(4), 10(4) or” the words“under section 7(4), 7(4B), 10(3D),10(4) or”
Changes to widows', widowers' and children’s pensions
10
1
In section 13(2) of the 1972 Act (amount of widows' pensions) thereshall be substituted for the words“one-half” the words“five-eighths”.
2
Paragraph (1) above shall have effect in relation to a widow whosehusband dies on or after 6 April 1988, provided that the widow’s pensionis not payable at the increased rate until the date these regulationscome into force, but shall not have effect in relation to any pensionwhich first became payable under the 1972 Act before 6 April 1988.
11
1
In section 15(2) of the 1972 Act (amount of childrens' pensions)there shall be substituted for the words from“a sum equal to one-quarter” to the end of the sentence the words
a
a sum equal to one-quarter of the basic or prospective pension orpensions of the deceased if there is one child or, if there is more thanone, a sum equal to three-sixteenths of the basic or prospective pensionor pensions of the deceased for each relevant child not exceeding two;or
b
if the widow or widower is dead and subject to sub-section (4)below, a sum equal to five sixteenths of the basic or prospectivepension or pensions of the deceased for each relevant child notexceeding two.
2
Paragraph (1) above shall have effect in relation to a child'spension where the person from whom the pension derives dies on or after6 April 1988, provided that the child’s pension is not payable at theincreased rate until the date these regulations come into force, butshall not have effect in relation to any pension which first becamepayable under the 1972 Act before 6 April 1988.
Increase in death gratuity
12
1
In section 16(3)(a) of the 1972 Act (amount of gratuity on death ofMember or officeholder) there shall be substituted for the words“the amount of a Member’s pensionable salary” the words“the amount equal to twice the Member’s pensionable salary.”
2
Paragraph (1) above shall be deemed to have come into force on 6April 1988 but shall not have effect in relation to any gratuity whichfirst become payable under the 1972 Act before that date.
Protection against adverse alterations
13
Where a person has ceased to be a Member of the House of Commons orto hold a qualifying office before these Regulations come into force andthese Regulations put him in a worse position in relation to an accruedright than he would have been in apart from the Regulations, he or(where he has died) persons who are or may become entitled by virtue ofthat right to or to the benefit of any pension, or a person acting onbehalf of that person or those persons, may opt for the accrued rightsto remain unaffected by these Regulations.
Appointment of agents
14
The trustees of the Fund may appoint such person as they think fitto acquire assets for and dispose of assets of the Fund on their behalfand in accordance only with such instructions as to investment policy,as the trustees shall from time to time determine and lay down.
15
The trustees of the Fund shall review any acquisition or disposal ofthe assets of the Fund by such person as may be appointed underregulation 14 and shall do so within six months of the date of any suchacquisition or disposal.
16
Upon a review pursuant to regulation 15, the trustees may ratify theacquisition or disposal, or may take such other action in respect of itas they think fit.
John MacGregor
Leader of the House of Commons
11th March 1991
We consent
Greg Knight
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
11th March 1991


text:
1
These Regulations may be cited as the Measuring Instruments (EECRequirements) (Fees) (Amendment) Regulations 1991 and shall come intoforce on 1st May 1991.
2
The Measuring Instruments (EEC Requirements) (Fees) Regulations1988 are hereby amended as follows —
a
in regulation 3(2), for“£28.00” there shall be substituted“£30.30”;
b
in paragraph (a) of Schedule 2, for“£48.00” there shall be substituted“£52.00”; and
c
in paragraph 1(1)(a) of Schedule 3, for“£33.00”,“£48.00” and“£9.20” there shall be substituted respectively“£35.00”,“£52.00” and“£12.00”.
Edward Leigh
Parliamentary Under-Secretary of State,
Department of Trade and Industry
27th March 1991
We consent
Sydney Chapman
Nicholas Baker
Two of the Lords Commissioners of HM Treasury
28th March 1991