text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Litter Etc. (Transitional Provisions) Regulations 1991 and shall come into force on 1st April 1991.
2
Regulations 5 and 6 extend to England and Wales only.
Interpretation
2
In these Regulations–
a
“the 1988 Act ” means the Local Government Act 1988 ;
“the 1990 Act ” means the Environmental Protection Act 1990;
“functional work” and “works contract” have the same meaning as in Part I of the 1988 Act ;
“litter” includes refuse;
“relevant functional work” means functional work falling within the defined activity mentioned in section 2(2)(c) of the 1988 Act (other cleaning); and
b
in relation to Scotland, “highway” means “road”.
Duty to keep land and highways clear of litter etc.
3
1
A local authority shall be taken to be complying, as respects any highway, with its duty under section 89(1)(a) of the 1990 Act if–
a
there is in force a contract entered into before 1st April 1991 between that authority and an independent contractor under which that contractor is required to remove litter from that highway, and
b
the condition specified in paragraph (5) is fulfilled.
2
A local authority shall be taken to be complying, as respects any land, with its duty under section 89(1)(c) of the 1990 Act if–
a
there is in force a contract entered into before 1st April 1991 between that authority and an independent contractor under which that contractor is required to remove litter from that land, and
b
the condition specified in paragraph (5) is fulfilled.
3
An educational body which is a local authority (in Scotland), or is the governing body of an educational institution maintained by a local authority (in England and Wales), shall be taken to be complying, as respects any land, with its duty under section 89(1)(f) of the 1990 Act if–
a
there is in force a contract entered into before 1st April 1991 between that authority and an independent contractor under which that contractor is required to remove litter from that land, and
b
the condition specified in paragraph (5) is fulfilled.
4
A local authority shall be taken to be complying, as respects any highway, with its duty under section 89(2) of the 1990 Act if–
a
there is in force a contract entered into before 1st April 1991 between that authority and an independent contractor under which that contractor is required to clean that highway,
b
that contract is not a relevant contract within the meaning of regulation 6, and
c
the condition specified in paragraph (5) is fulfilled.
5
The condition referred to above is that the authority can demonstrate–
a
that the contractor is fully discharging his obligations under the contract;
b
that, but for this regulation, the discharge of those obligations would be insufficient to enable the authority or, as the case may be, the educational body, to comply with the relevant duty under section 89 of the 1990 Act;
c
that the authority has used its best endeavours to negotiate such variations to the contract as would be required to ensure that the performance of the contractor’s obligations would be sufficient to enable the authority or, as the case may be, the educational body, to comply with that duty;
d
that the contractor is not prepared to agree to such variations or is only prepared to do so on unreasonable terms; and
e
that the authority has no right to terminate the contract.
Additional work carried out by local authorities
4
1
In this regulation “relevant functional work” does not include any work consisting of the cleaning by a local authority of a highway where that authority did not carry out the cleaning of that highway as functional work before 1st April 1991.
2
This regulation applies where–
a
either–
i
section 6 of the 1988 Act applies to relevant functional work if it is carried out by a local authority on 1st April 1991; or
ii
that section does not so apply, but a local authority has, before that date, carried out relevant functional work in respect of which each of the six conditions set out in section 7 of the 1988 Act is fulfilled;
b
the authority carries out relevant functional work in respect of any land or highway on or after that date; and
c
in order to comply with its duty under section 89 of the 1990 Act, or (in England and Wales) to enable an educational body which is the governing body of an educational institution maintained by the authority to comply with its duty under that section, in respect of that land or highway, the authority is required to carry out more relevant functional work than it carried out before 1st April 1991.
3
Where this regulation applies, until the relevant date, section 6 of the 1988 Act shall not apply to the additional relevant functional work carried out by the authority in order to enable it to comply with its duty under section 89 of the 1990 Act in respect of the land or highway concerned; but until the relevant date–
a
the authority shall keep a separate account for each financial year as regards all such additional work which is carried out by it in that year; and
b
no item relating to that additional work may be entered in any account kept under section 9 of the 1988 Act.
4
Where this regulation applies in the circumstances described in paragraph (2)(a)(ii), and the local authority carries out additional relevant functional work to which, by virtue of paragraph (3), section 6 of the 1988 Act does not apply, that section shall apply to any other relevant functional work which is carried out on or after 1st April 1991 by that authority and in respect of which the six conditions set out in section 7 of that Act are fulfilled.
5
Paragraph (6) applies to a local authority if the cost to that authority of carrying out the additional work referred to in paragraph (3) in the period beginning on 1st April 1991 and ending on 30th September 1991 is equal to more than 20% of the cost to that authority of carrying out other relevant functional work in that period.
6
On or after the relevant date, an authority to which this paragraph applies may not carry out any relevant functional work unless the authority has carried out a further competitive tendering exercise in the course of which each of the first five conditions set out in section 7 of the 1988 Act is fulfilled in respect of that work.
7
In this regulation, “the relevant date” means the date ascertained in accordance with paragraphs (8) to (10).
8
In the case of a local authority to which paragraph (6) applies, the relevant date is the date shown in column 2 of the following Table opposite the date in column 1 which is the date as from which section 6 of the 1988 Act first applies to relevant functional work carried out by that authority (other than by virtue of paragraph (4) of this regulation or regulation 5(5)):
TABLE
1 2
1st August 1989 1st October 1992 1st January 1990 1st January 1993 1st August 1990 1st August 1993 1st August 1991 1st August 1993 1st January 1992 1st August 1993.
9
In the case of a local authority to which paragraph (6) does not apply, the relevant date is the date on or after which, if that authority proposed to continue to carry out relevant functional work, it would be prohibited by section 6 of the 1988 Act from doing so unless it had carried out a further competitive tendering exercise in the course of which each of the first five conditions set out in section 7 of that Act was fulfilled in respect of that work.
10
Nothing in this regulation shall prevent a local authority from entering into new arrangements in accordance with Part I of the 1988 Act for the carrying out of relevant functional work before the date ascertained in accordance with paragraphs (8) and (9), and where a local authority does so the relevant date shall be the date on which those arrangements come into operation.
Highway cleaning: functional work
5
1
This regulation applies where–
a
either–
i
section 6 of the 1988 Act applies to relevant functional work if it is carried out by a local authority on 1st April 1991; or
ii
that section does not so apply, but a local authority has, before that date, carried out relevant functional work in respect of which each of the six conditions set out in section 7 of the 1988 Act is fulfilled;
b
by virtue of section 89(2) of the 1990 Act, it is the duty of that local authority to ensure that a highway is, so far as is practicable, kept clean;
c
the functional work carried out by that local authority before 1st April 1991 did not include the cleaning of that highway; and
d
until section 89(2) of the 1990 Act came into force, it was the duty of a different authority to clean that highway.
2
Subject to paragraph (3), where this regulation applies, until the material date, section 6 of the 1988 Act shall not apply to relevant functional work carried out by the local authority on or after 1st April 1991 in order to comply, in respect of such a highway as is mentioned in paragraph (1), with its duty under section 89(2) of the 1990 Act; but, until the material date–
a
the authority shall keep a separate account for each financial year as regards all such work which is carried out by it in that year; and
b
no item relating to that work may be entered in any account kept under section 9 of the 1988 Act.
3
Where–
a
in consequence of the 1990 Act, it has ceased to be the duty of the highway authority for the highway concerned to clean that highway;
b
there is in force on 31st March 1991 a contract between the highway authority and an independent contractor which provides for the contractor to clean that highway; and
c
if it had not ceased to be the duty of the highway authority to clean that highway, that contract would have continued in force after that date,
paragraph (2) shall apply only if the local authority has used its best endeavours to enter into satisfactory arrangements with the contractor for the cleaning of the highway during the period in which the contract would have remained in force but has been unable to do so.
4
In paragraph (2) “the material date” means the date on or after which, if the local authority concerned proposed to continue to carry out relevant functional work, it would be prohibited by section 6 of the 1988 Act from doing so unless it had carried out a further competitive tendering exercise in the course of which each of the first five conditions set out in section 7 of that Act was fulfilled in respect of that work.
5
Where this regulation applies in the circumstances described in paragraph (1)(a)(ii), and the local authority carries out relevant functional work to which, by virtue of paragraph (2), section 6 of the 1988 Act does not apply, that section shall apply to any other relevant functional work which is carried out on or after 1st April 1991 by that authority and in respect of which the six conditions set out in section 7 of that Act are fulfilled.
Highway cleaning: works contracts
6
1
In this regulation–
“the cleaning authority”, in relation to any highway, means the local authority which carried out the cleaning of that highway immediately before 1st April 1991, either in its capacity as the highway authority or on behalf of the highway authority;
“the duty authority”, in relation to any highway, means the local authority whose duty it is under section 89(2) of the 1990 Act on and after 1st April 1991 to ensure that that highway is, so far as is practicable, kept clean, but which is not the highway authority for that highway;
“previous work”, in relation to any highway, means work carried out immediately before 1st April 1991 and consisting of the cleaning of that highway;
“the relevant date” means–
where the cleaning authority carried out the previous work for another authority under a works contract, the date of expiry of the period during which that contract required the work to be carried out;
where the cleaning authority carried out the previous work as functional work, the date after which, if that authority had proposed to continue to carry out work consisting of the cleaning of the highway concerned, it would have been prohibited by section 6 of the 1988 Act from doing so unless it had carried out a competitive tendering exercise (or, if each of the six conditions set out in section 7 of that Act was fulfilled in respect of the previous work, a further competitive tendering exercise) in the course of which each of the first five conditions set out in section 7 of that Act was fulfilled in respect of that work.
2
This regulation applies where–
a
the cleaning authority and the duty authority propose to enter into a contract under which the cleaning authority is to carry out the cleaning of a highway for the duty authority on or after 1st April 1991; and
b
that contract does not provide for the cleaning authority to carry out work after the relevant date.
3
Where this regulation applies, subsection (1) of section 4 of the 1988 Act shall not apply to the proposed contract, but–
a
the proposed contract shall for all other purposes of that Act be one to which that section applies; and
b
if section 6 of that Act applied to the previous work when it was carried out before 1st April 1991 by the cleaning authority, or if that work was carried out before that date by the cleaning authority under a works contract to which section 4 of that Act applied, the cleaning authority shall, in respect of the proposed contract, enter in the appropriate account kept under section 9 of that Act the items which it would have been required to enter if it had continued to carry out the previous work as functional work or, as the case may be, under the works contract and no other items.
Michael Heseltine
One of Her Majesty’s Principal Secretaries of State
19th March 1991


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Customs Controls on Importation of Goods 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 Commissioners ” means the Commissioners of Customs and Excise;
“the Council Regulation ” means Council Regulation ( EEC ) No. 4151/88 ;
“the customs and excise Acts” has the same meaning as in section 1(1) of the Act.
Presentation
3
1
Notification to the Commissioners of the arrival of goods as required by Article 5, second paragraph, of the Council Regulation shall be made in the form prescribed in Schedule 1 or a form to the like effect approved by the Commissioners.
2
Where a computerised inventory system has been approved by the Commissioners presentation may consist in a computerised record capable of being printed out.
3
Within three hours of its arrival at the wharf or airport at which a ship or aircraft carrying the goods is to unload them, notification of such arrival, as required by Article 5, second paragraph, of the Council Regulation shall be made at the customs office for the wharf or airport; should such notification be impossible due to the office being closed during that period, the period shall end at the expiration of one hour following the re-opening of the office.
Summary declaration
4
The summary declaration required under Article 8 of the Council Regulation shall be in the form prescribed in Schedule 2 or a form to the like effect approved by the Commissioners.
Entry
5
1
For the purposes of Article 15 of the Council Regulation the goods shall be entered not later than —
a
fourteen days from the date on which the summary declaration is lodged in the case of goods carried by sea; or
b
seven days from the date on which the summary declaration is lodged in the case of goods carried otherwise than by sea.
2
The entry shall be delivered by the importer to the proper officer in the form and manner directed by the Commissioners and shall contain all such particulars and be accompanied by all such documents as are specified in those directions.
3
Except with the permission of the Commissioners no entry shall be delivered before the goods have been presented at the proper office of customs and excise.
4
Where the Commissioners permit an entry to be delivered before presentation of the goods, the goods must be presented to the proper office of customs and excise within such time as the Commissioners may allow; and if the goods are not so presented the entry shall be treated as not having been delivered.
5
Acceptance of an entry by the proper officer shall be signified in such manner as the Commissioners may direct.
Amendment of the Customs and Excise Management Act 1979
6
1
The Act shall be amended as follows.
2
In section 1(1) (interpretation) —
a
in the definition of “approved wharf”, for “section 20” there shall be substituted “section 20A”;
b
in the definition of “examination station”, for “section 22” there shall be substituted “section 22A”; and
c
in the definition of “transit shed”, for “section 25” there shall be substituted “section 25A”.
3
For section 20 there shall be substituted —
Approval of wharves
20
1
The Comissioners may approve, for such periods and subject to such conditions and restrictions as they think fit, places for the loading or unloading of goods or of any class or description of goods.
2
The Commissioners may at any time for reasonable cause revoke or vary the terms of any approval given under this section.
3
This section shall not apply in relation to goods imported on or after 1st January 1992 from a place outside the customs territory of the Community.
Approved wharves
20(A
1
In this Act, references to an approved wharf are to —
a
a place approved under section 20 above; or
b
a place specified or approved under Article 11 of Council Regulation (EEC) No. 4151/88 (equivalent provision for goods imported on or after 1st January 1992 from a place outside the customs territory of the Community), other than an examina-tion station.
2
Any person contravening or failing to comply with any condition or restriction attaching to an approval by virtue of which a place is an approved wharf shall be liable on summary conviction to a penalty of level 3 on the standard scale.
3
An officer may at any time enter an approved wharf and inspect it and any goods for the time being at the wharf.
.
4
In section 21 (control of movement of aircraft, etc. into and out of the United Kingdom) —
a
after subsection (1) there shall be inserted —
1A
Subsection (1) above shall not apply by virtue only of the fact that the aircraft is carrying goods brought in it from a place outside the customs territory of the Community.
; and
b
in subsection (2), after “importing”, in the first place where it occurs, there shall be inserted “from a place within the customs territory of the Community” and after “concerned in” there shall be inserted “so”.
5
In that section, after subsection (4) there shall be inserted —
4A
Subsection 4(a)(ii) and (iii) above shall not apply in relation to goods brought in the aircraft from a place outside the customs territory of the Community.
.
6
For section 22 there shall be substituted —
Approval of examination stations at customs and excise airports
22
1
The Commissioners may approve, for such periods and subject to such conditions and restrictions as they think fit, a part of, or a place at, any customs and excise airport for the loading and unloading of goods and the embarkation and disembarkation of passengers.
2
The Commissioners may at any time for reasonable cause revoke or vary the terms of any approval given under this section.
3
This section shall not apply in relation to goods imported on or after 1st January 1992 from a place outside the customs territory of the Community.
Examination stations
22A
1
In this Act, references to an examination station are to —
a
a part of, or a place at, a customs and excise airport approved under section 22 above; or
b
a place at such an airport specified or approved under Article 11 of Council Regulation (EEC) No. 4151/88 (equivalent provision for goods imported on or after 1st January 1992 from a place outside the customs territory of the Community).
2
Any person contravening or failing to comply with any condition or restriction attaching to an approval by virtue of which a part of, or place at, a customs and excise airport is an examination station shall be liable on summary conviction to a penalty of level 3 on the standard scale.
.
7
For section 25 there shall be substituted —
Approval of transit sheds
25
1
The Commissioners may approve, for such periods and subject to such conditions and restrictions as they think fit, places for the deposit of goods imported and not yet cleared out of charge, including goods not yet reported and entered under this Act.
2
The Commissioners may at any time for reasonable cause revoke or vary the terms of any approval given under this section.
3
Subsection (1) above shall not apply in relation to goods imported on or after 1st January 1992 from a place outside the customs territory of the Community.
4
Where, by any local Act, provision is made for the landing of goods without entry for deposit in transit sheds authorised thereunder, the provisions of this Act relating to goods deposited in transit sheds approved under this section shall have effect in relation to goods deposited in transit sheds authorised under that Act.
Transit sheds
25A
1
In this Act, references to a transit shed are to a place approved —
a
under section 25 above; or
b
under Article 17 of Council Regulation (EEC) No. 4151/88 (equivalent provision for goods imported on or after 1st January 1992 from a place outside the customs territory of the Community).
2
Any person contravening or failing to comply with any condition or restriction attaching to an approval by virtue of which a place is a transit shed shall be liable on summary conviction to a penalty of level 3 on the standard scale.
3
An officer may at any time enter a transit shed and inspect it and any goods for the time being in the transit shed.
.
8
In section 37 (entry of goods on importation) there shall be inserted at the end —
10
This section shall not apply in relation to goods imported on or after 1st January 1992 from a place outside the customs territory of the Community.
.
9
In section 42 (power to regulate unloading, removal, etc. of imported goods) there shall be inserted at the end —
3
Subsection (1)(b) above shall not apply in relation to goods imported on or after 1st January 1992 from a place outside the customs territory of the Community.
.
10
In section 129 (power to remit or repay duty on denatured goods) there shall be inserted at the end —
5
Subsection (1)(a) above shall not apply in relation to goods imported on or after 1st January 1992 from a place outside the customs territory of the Community.
.
Provisions of statutory instruments disapplied to certain goods
7
The Statutory Instruments specified in Schedule 3, to the extent indicated in that Schedule, shall not have effect for or in respect of any goods imported into the United Kingdom from a place outside the customs territory of the Community.
Offences, penalty and forfeiture
8
In the event of any contravention or failure to comply with —
a
any provision of the Council Regulation as specified in Schedule 4; or
b
any requirement or condition imposed by or under any such provision; or
c
any undertaking given pursuant to any such provision or requirement; or
d
regulations 3, 4 or 5 above, liable on summary conviction to a penalty of level 3 on the standard scale and any goods in respect of which the offence was committed shall be liable to forfeiture.
Repeal
9
Section 6 of the Finance Act 1987 is hereby repealed.
Supplementary
10
1
Section 139 of and Schedule 3 to the Act (detention, seizure and condemnation of goods) shall apply to any goods liable to forfeiture under regulation 8 above as if the goods were liable to forfeiture under the customs and excise Acts.
2
Sections 144 to 148 and 150 to 155 of the Act (proceedings for offences, mitigation of penalties, proof and other matters) shall apply in relation to offences and penalties under regulation 8 above and proceedings for such offences or for condemnation of any thing being forfeited under that regulation as they apply in relation to offences and penalties and proceedings for offences or for condemnation under the customs and excise Acts.
Alexander W. Russell
Commissioner of Customs and Excise
New King’s Beam House22 Upper GroundLondonSE1 9PJ
4th December 1991


text:
1
This Order may be cited as the Rent Officers (Additional Functions) (Amendment) Order 1991 and shall come into force on 1st April 1991.
2
The Rent Officers (Additional Functions) Order 1990 is amended as follows–
1
in article 5(2), for sub-paragraphs (a) and (b) of paragraph (2) substitute–
a
either–
i
a determination under section 22 of the Housing Act 1988 has taken effect in relation to the tenancy, or
ii
within the period of 12 months ending on the date the application for a determination (or, as the case may be, a redetermination) was received, a determination under section 14 or 22 of that Act took effect (or would have taken effect but for the agreement of the landlord and tenant) in relation to the tenancy or a tenancy of the same dwelling on terms which were substantially the same (disregarding the terms relating to the amount of rent) as the terms of the tenancy were on that date, or
iii
within the period mentioned in sub-paragraph (ii), an application was made under the said section 22 in relation to such a tenancy as is referred to in that sub-paragraph and a determination was precluded by subsection (3)(b) of that section, and
b
there has been no substantial change in the condition of the dwelling (including the making of improvements) or in the terms of the tenancy, other than relating to the amount of the rent, within that period.
.
2
At the end of paragraph 3(2) of Schedule 1 insert “or the provision of services to which any service charge for fuel relates”.
3
At the end of paragraph 7(2) of Schedule 1 insert “or, where the rent assessment committee has not made a determination, the rent payable under the tenancy when the application to the rent assessment committee was made”.
3
1
The amendments made by this Order do not have effect in a case where an application is made for a re-determination in relation to a determination made before this Order comes into force.
2
In paragraph (1), “redetermination” and “determination” have the same meaning as in the Order referred to in article 2.
Michael Heseltine
Secretary of State for the Environment
28th February 1991
David Hund
Secretary of State for Wales
1st March 1991


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Inspection of Premises, Children and Records (Independent Schools) Regulations 1991 and shall come into force on 14th October 1991.
2
In these Regulations, unless the context otherwise requires–
“authorised person” means a person authorised by a local authority under subsection (5) of section 87 of the Children Act 1989 (welfare of children in independent schools) who enters an independent school in exercise of the power conferred by that subsection;
“relevant independent school” means, in relation to an inspection, an independent school which provides accommodation for a child within the area of the local authority which authorised the person carrying out the inspection.
Inspection of premises
2
An authorised person may inspect any premises or part of the premises used by any relevant independent school.
Inspection of children
3
1
Subject to paragraphs (2) and (3) of this regulation an authorised person may carry out an inspection of the children who are accommodated in a relevant independent school either individually or together with other such children in such a school.
2
To the extent that the inspection includes a physical examination of a child the inspection shall be subject to the child’s consent to it being given or withheld where the child is of sufficient understanding to give or withhold that consent.
3
An inspection may not be carried out under paragraph (1) of this regulation in respect of–
a
any child of a member of staff at a relevant independent school; or
b
any other child living with such a member of staff as a member of his household
unless the child is also attending the school as a pupil.
Inspection of records
4
1
An authorised person may carry out an inspection of the records specified in paragraph (2) of this regulation held by–
a
the proprietor of any relevant independent school, or
b
any person who is not the proprietor of such a school but who is responsible for conducting it
in respect of all the children whom he has power to inspect pursuant to regulation 3 of these Regulations.
2
The records referred to in paragraph (1) of this regulation are those containing information concerning the state of health, emotional or developmental well-being or welfare of the children in a relevant independent school and include any record containing any of the following–
a
the name and address of the person (if any) with parental responsibility for a child in the school,
b
details of medical or dental treatment undergone by a child, while he is at school, whether or not administered by a member of staff of the school,
c
details of accidents to any child in the school, the death of any child in the school, serious illness or infectious disease suffered by any child at the school, or other significant harm sustained by a child while at the school,
d
the names and qualifications of the staff responsible for the welfare of children in the school, including non-teaching and part-time staff and volunteers working at the school, both inside and outside teaching hours,
e
details of any cases of a child absconding from the school,
f
details of fire practice drills and fire alarm tests at the school,
g
details of any complaints made by any person in respect of the state of health, emotional or developmental well-being or welfare of a child in the school,
h
details of punishments administered to any child in the school.
Signed by authority of the Secretary of State for Health
Virginia Bottomley
Minister of State,
Department of Health
11th April 1991


text:
Citation and commencement
1
These Regulations may be cited as the Education (Fees and Awards) (Amendment) Regulations 1991 and shall come into force on 17th April 1991.
Amendment
2
The Education (Fees and Awards) Regulations 1983 shall be amended as follows–
1
In schedule 2–
a
in paragraph 1(b) there shall be substituted for the words “accession to the European Community of the Kingdom of Spain and the Portuguese Republic” the words “unification of the Federal Republic of Germany”;
b
paragraph 2(2)(a)(ii) shall be deleted and the following substituted–
ii
(as respects any period prior to the unification of the Federal Republic of Germany) the former German Democratic Republic, and
; and
c
in paragraph 5 there shall be substituted for the words “the Kingdom of Spain or the Portuguese Republic” in both places where they occur the words “or (as respects any period prior to the unification of the Federal Republic of Germany) the former German Democratic Republic”.
2
In paragraph 1 of Schedule 3 and paragraph 3(3)(a) and 5 of Schedule 4, there shall be substituted for the words “and (as regards any period prior to their accession to that Community) the Kingdom of Spain and the Portuguese Republic” the words “and (as respects any period prior to the unification of the Federal Republic of Germany) the former German Democratic Republic.”
Kenneth Clarke
Secretary of State for Education and Science
25th March 1991


text:
Citation, commencement and interpretation
1
–
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No.10) Order 1991 and shall come into force at 17.00 hours on 30th August 1991.
2
In this Order “bivalve mollusc” means bivalve molluscs of the class of lamellabranchia, and “relevant time” means one minute past midnight on 30th August 1991.
Designated circumstances
2
In the opinion of the Secretary of State, bivalve molluscs in the area designated in article 3 below may be affected by the toxin which causes Paralytic Shellfish Poisoning in human beings and are 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 hereby designated for the purposes of Part I of the Food and Environment Protection Act 1985.
Activity prohibited in the designated area
4
No person shall fish for or take any bivalve molluscs in the designated area.
Prohibited movement of bivalve molluscs
5
No person shall move any bivalve molluscs 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 bivalve molluscs taken out of the designated area after the relevant time in the preparation or processing for supply of food and anything from which food could be derived,
b
land any bivalve molluscs which were in waters in the designated area after the relevant time,
c
supply, or have in possession for supply, any bivalve molluscs which were in the designated area after the relevant time,
d
supply, or have in possession for supply, any food or anything from which food could be derived in the preparation or processing of which anything was used in contravention of sub-paragraph (a) of this article,
e
feed to any creature a feeding stuff in the preparation or processing of which anything was used in contravention of sub-paragraph (a) of this article.
Revocation
7
The Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No.9) Order 1991 is hereby revoked.
E. C. Davison
Assistant Secretary, Scottish Office
Pentland House,
Edinburgh
30th August 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the King’s 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 King’s 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 King’s 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 provided at King’s College Hospital, Denmark Hill, London, SE5 9RS and associated hospitals including the management of its teaching and research facilities;
b
to manage community health services provided from King’s College Hospital, Denmark Hill, London, SE5 9RS and to own the 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
Since the trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 3(1)(d) of Schedule 2 to the Act one of the non-executive directors shall be appointed from King’s College School of Medicine and Dentistry
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1 April 1993. (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 Camberwell 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 Camberwell 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 Camberwell Health Authority
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Virginia Bottomley
Minister of State,
Department of Health
21st October 1991


text:
Citation
1
This Order may be cited as the Planning (Consequential Provisions) Act 1990 (Appointed Day No. 1 and Transitional Provisions) Order 1991. Interpretation
2
In this Order, “Schedule 4” means Schedule 4 to the Planning (Consequential Provisions) Act 1990.
Partial commencement of provisions conferring powers to award costs
3
–
1
Subject to paragraph (2) and article 4, 2nd January 1992 is the day appointed under paragraph 1(3)(a) of Schedule 4 for the purposes of paragraphs 3 to 16 of that Schedule.
2
Paragraph (1) has effect only for the purposes of awards of costs in relation to proceedings which give rise to a hearing.
Transitional Provisions
4
Nothing in article 3 shall apply in relation to any proceedings occasioned by an application referred to the Secretary of State or an appeal made to him before 2nd January 1992, or by an order or notice submitted or sent to the Secretary of State before that date for his confirmation or approval.
Signed by authority of the Secretary of State
G. S. K. Young
Minister of State, for the Environment
Department of the Environment
20th November 1991
David Hunt
Secretary of State for Wales
21st November 1991


text:
Title, commencement and extent
1
1
These Regulations may be cited as the Farm and Conservation Grant Regulations 1991 and shall come into force on the day after the day on which they are made.
2
These Regulations shall apply to Great Britain.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“agricultural business” means a business consisting in, or such part of any business as consists in, the pursuit of agriculture (including the storage, the transport and the preparation for market of the produce of the business), and any ancillary farm business;
“agriculture” includes horticulture, fruit growing, seed growing, dairy farming, livestock breeding and keeping, the use of land as grazing land, meadow land, osier land, reed beds, market gardens and nursery grounds, and the use of land for woodland where that use is ancillary to the farming of land for other agricultural purposes, and “agricultural” (except in the expression “agricultural business”) and references to farming shall be construed accordingly;
“ancillary farm business” means any business of a type specified in any of paragraphs 1 to 8 in column 1 of Schedule 2 where that business is carried on by a person also carrying on a business consisting in or partly in the pursuit of agriculture on the same or adjacent land;
“the appropriate Minister” means —
in relation to England, the Minister of Agriculture, Fisheries and Food;
in relation to Scotland or Wales, the Secretary of State;
“approved” means approved by the appropriate Minister in writing, and “approve” and “approval” shall be construed accordingly;
“beneficial organism” means any creature bred or kept for its use in the control of infestation of horticultural produce by pests;
“contractor” means any person who enters into an agreement to supply agricultural work or services in connection with agricultural land;
“designated maps” means —
in relation to England, the 3 volumes of maps numbered 1 to 3, each such volume being marked “volume of maps of less-favoured farming areas in England” and with the number of the volume, dated 20th May 1991, signed and sealed by the appropriate Minister and deposited at the offices of the Ministry of Agriculture, Fisheries and Food at Nobel House, 17 Smith Square, London SW1P 3JR;
in relation to Wales, the 2 volumes of maps numbered 1 and 2, both volumes being marked “volume of maps of less-favoured farming areas in Wales” and with the number of the volume, dated 20th May 1991, signed by the appropriate Minister and deposited at the offices of the Welsh Office Agriculture Department at Trawsgoed, Aberystwyth, Dyfed SY23 4HT;
in relation to Scotland, the 4 maps nûmbered 1 to 4, each such map being marked “map of less-favoured farming areas in Scotland” and with the number of the map, dated 15th May 1991, signed by the appropriate Minister and deposited at the offices of the Scottish Office Agriculture and Fisheries Department at Pentland House, 47 Robb’s Loan, Edinburgh EH14 1TW;
“earned income”, in relation to an agricultural business, means the revenue of the business as assessed by the appropriate Minister, and in any such assessment the said revenue shall be taken to include net inventory changes and farmhouse consumption less remuneration of capital invested in the agricultural business and such charges and expenses as that Minister may consider reasonable;
“eligible agricultural business” has the meaning assigned to that expression by regulation 4;
“eligible person” has the meaning assigned to that expression by regulation 3;
“farm-based industry” means —
the manufacture of craft items or tourist souvenirs;
food processing;
the purification, carbonation and bottling of spring water;
the processing of timber;
the processing of agricultural produce for purposes other than human or animal consumption; or
the repair or renovation of agricultural machinery;
“farm shop” means a shop primarily used for the sale of the produce of the agricultural business of which the shop forms part;
“food processing” means the application of any process or treatment to agricultural produce for the purposes of human consumption but does not include —
the cleaning and trimming of raw fruit and vegetables to which no further process or treatment is applied or the packaging of such fruit and vegetables;
the slaughter of livestock and the skinning and gutting of animal carcases;
any process or treatment applied for the purposes of the manufacture of wine;
any process or treatment applied to cows' milk for the purposes of the liquid consumption of that milk or for the purposes of the manufacture of any milk-based drink as defined in regulation 3 of the Milk-based Drinks (Hygiene and Heat Treatment) Regulations 1983 and regulation 3 of the Milk-based Drinks (Scotland) Regulations 1983 , and any process or treatment applied to any such milk-based drink; or
the processing or treatment of poultry meat or of eggs;
“glasshouse” means a fixed or mobile structure, used for the production of horticultural produce or beneficial organisms for sale, which is mounted on durable foundations, is not less than 1.67 metres high at the ridge, and of which more than half the total area of the sides, ends and roof is of glass or such other translucent material as will give a durability and transparency similar to that of glass;
“horticultural produce” means —
fruit;
vegetables of a kind grown for human consumption, including fungi, but not including maincrop potatoes or peas grown for seed or for harvesting dry;
flowers, pot plants and decorative foliage;
herbs;
seeds (other than pea seeds), bulbs and other material, being seeds, bulbs or material for —
sowing or planting for the production of fruit, of the vegetables, flowers, plants or foliage mentioned in (b) and (c) above or of herbs, or
reproduction of the seeds, bulbs, or other material sown or planted; or
trees and shrubs, other than trees grown for the purpose of afforestation;
but does not include hops;
“labour unit” means the amount of work, other than work done by a contractor who does not satisfy the requirements of regulation 3(4) except to the extent that such work is carried out by seasonal labour, which would in the opinion of the appropriate Minister occupy the full time, not exceeding 2,200 hours per year, of a full-time worker;
“less-favoured area” means land which is within the area shaded blue or shaded pink on the designated maps, being land —
which is situated in an area included in the list of less-favoured farming areas adopted by the Council or the Commission of the European Communities under Article 2(2) of Council Directive 75/268/EEC on mountain and hill-farming and farming in certain less-favoured areas, as amended by Council Directive 80/666/EEC , which list is contained in Council Directive 84/169/EEC , as amended by Commission Decision 91/25/EEC , and
which —
is, in the opinion of the appropriate Minister, inherently suitable for extensive livestock production but not for the production of crops in quantity materially greater than that necessary to feed such livestock as are capable of being maintained on such land, and whose agricultural production is, in the opinion of the appropriate Minister, restricted in its range by, or by any combination of, soil, relief, aspect or climate, or
is situated in the Isles of Scilly;
“livery” means the provision of accommodation and care for horses and ponies;
“preparation for market”, in relation to produce, does not include canning, bottling, pulping or cooking, or preserving by sterilising, by freezing or by de-hydrating;
“provision of accommodation” in Schedule 2 means, in relation to persons, provision of simple overnight shelter or hostel-style self-catering accommodation in a traditional farm building other than a dwelling-house;
“sports” in Schedule 2 means any game or exercise other than field sports, horse riding and sports involving the use of motor vehicles, firearms or crossbows;
“the 1980 Regulations” means the Agriculture and Horticulture Development Regulations 1980 ;
“the 1981 Regulations” means the Farm and Horticulture Development Regulation 1981 ;
“the 1985 Regulations” means the Agriculture Improvement Regulations 1985 ;
“the 1985 Scheme” means the Agriculture Improvement Scheme 1985 ;
“the 1987 Scheme” means the Farm Diversification Grant Scheme 1987 ;
“the 1989 Regulations” means the Farm and Conservation Grant Regulations 1989 ;
“the 1989 Scheme” means the Farm and Conservation Grant Scheme 1989 .
2
Any reference in these Regulations to a numbered regulation or Schedule shall, unless the context otherwise requires, be construed as a reference to the regulation or Schedule bearing that number in these Regulations.
Eligible persons
3
1
Subject to the provisions of these Regulations, the following classes of person shall be eligible for a grant under these Regulations:
a
an individual carrying on an eligible agricultural business if the appropriate Minister is satisfied that that individual or, as the case may be, the farm manager or other person through whom the business is carried on —
i
derives not less than half of his annual income, calculated in accordance with the provisions of paragraph (2) below, from agricultural activities relating to that business and any qualifying activity carried on by him on land to which the business or a qualifying business relates,
ii
derives not less than one quarter of his annual income, so calculated, from agricultural activities relating to the agricultural business,
iii
spends time in such agricultural and qualifying activities amounting to at least 1,100 hours per year, and
iv
possesses sufficient agricultural skill and competence, in that he holds an appropriate certificate issued by a teaching establishment recognised for this purpose by that Minister or has been engaged in agricultural activities for not less than five years;
b
any person representing a body carrying on an eligible agricultural business if the appropriate Minister is satisfied that the farm manager or other person through whom the business is carried on meets the requirements specified in sub-paragraph (a)(i) to (iii) above, and possesses sufficient agricultural skill and competence, as specified in sub-paragraph (a)(iv) above;
c
persons carrying on an eligible agricultural business in partnership if the appropriate Minister is satisfied that the farm manager or other person through whom the business is carried on meets the requirements specified in sub-paragraph (a)(i) to (iii) above and possesses sufficient agricultural skill and competence, as specified in sub-paragraph (a)(iv) above;
d
the owner of land occupied for the purposes of an eligible agricultural business who makes an application for approval of an improvement plan relating to such land jointly with one of the kinds of person eligible for grant under sub-paragraph (a), (b) or (c) above.
2
For the purposes of this regulation a person’s annual income shall be calculated in each case by reference to the financial year immediately preceding the day on which the improvement plan is submitted or such other period as the appropriate Minister shall determine, being a period which he is satisfied gives a fair indication of the normal amount of income of that person and the normal amount of income derived from agricultural activities in the business and (as the case may be) qualifying activities by that person.
3
For the purposes of this regulation —
“qualifying business” means a business consisting in the pursuit of a qualifying activity where that business is carried on by the person also carrying on the eligible agricultural business on the same or adjacent land;
“qualifying activity” means any activity carried on for the purpose of —
forestry;
tourism, including the provision of any of the following: accommodation; food and drink; facilities for camping and caravanning; facilities for sports and recreation; educational facilities relating to farming and the countryside; accommodation and care for horses and ponies; or horses and ponies for hire;
craft activities, including the manufacture and sale of craft items or tourist souvenirs; or
maintaining the countryside, including the conservation and enhancement of the natural beauty of an area, the conservation of the flora or fauna or geological or physiographical features of an area, or the protection of buildings or other objects of archaeological, architectural or historic interest in an area, where aid is paid in respect of that activity out of money provided by Parliament, by any local authority or other statutory body, or by the European Economic Community.
4
Where a person eligible for grant under paragraph (1) above is a contractor, it shall be a further condition of eligibility that he has entered into a written agreement for the supply of agricultural work or services with the occupier of the land on which the eligible business is carried on, which agreement is expressed to continue in force for a period of not less than seven years from the day immediately preceding the day on which the improvement plan is submitted.
Eligible agricultural business
4
For the purposes of these Regulations an eligible business is an agricultural business as to which the appropriate Minister is satisfied that the earned income per labour unit reasonably required under the existing system of production is less than the reference income determined in accordance with regulation 14(a).
Improvement plans
5
1
The appropriate Minister shall not approve any proposed expenditure for the purposes of grant under these Regulations unless —
a
an improvement plan relating to that expenditure is submitted for the approval of the Minister,
b
the undertakings referred to in paragraph (3) below are given by an eligible person in relation to that plan, and
c
the plan is approved.
2
An improvement plan submitted for approval under these Regulations shall be set out in such form as the appropriate Minister may from time to time require and the person submitting it shall furnish all such particulars and information relating thereto as the appropriate Minister may require, and in particular —
a
sufficient information to show that the person undertaking to carry out the plan is an eligible person and that the plan relates to an eligible agricultural business;
b
a description of that agricultural business at the time of submission of the plan for approval and of the land to which the plan relates;
c
a description of that agricultural business on completion of the plan in the form of an estimated budget, an estimate of the earned income per labour unit reasonably required in the carrying on of the business on completion of the plan and an estimate of the number of such labour units;
d
an indication of the measures to be taken and, in particular, of the investments to be made and the timing of such investments, in order to achieve the aim of the plan and a list of any agreements to purchase land or take land on lease made in order to achieve an increase in the area of land occupied for the purposes of the agricultural business to which the plan relates.
3
The undertakings to be given in accordance with paragraph (1)(b) above are that if the plan submitted for approval is approved it will be carried out, and that accounts will be kept in accordance with regulation 11(1).
Restrictions on approval of improvement plans
6
1
The appropriate Minister shall not approve an improvement plan under these Regulations unless he is satisfied that the investments to be made under the plan are justified from the point of view of the situation of the agricultural business and its economy and that implementation of the plan —
a
will bring about a lasting improvement of that situation and in particular of the income per labour unit reasonably required in the carrying on of the business, or
b
is necessary for maintaining the present level of income per labour unit so required.
2
The appropriate Minister shall not approve an improvement plan under these Regulations unless he is satisfied that if it is completed —
a
the agricultural business to which it relates may reasonably be expected to achieve an earned income per labour unit which amounts to not more than 120 per cent. of the aggregate of —
i
the reference income determined in accordance with regulation 14(a) in respect of the calendar year in which the plan is submitted for approval or such other year as that Minister may for that purpose allow, and
ii
annual increases at least equal to the annual percentage increases determined in accordance with regulation 14(b) in respect of each of the remaining calendar years in the period during which the plan is to be carried out (if any); and
b
not less than half a labour unit may reasonably be expected to be required in the carrying on of the agricultural business to which the plan relates.
3
The appropriate Minister shall not approve for the purposes of grant an improvement plan in so far as it includes —
a
proposed expenditure in connection with the breeding or keeping of pigs unless that Minister is satisfied —
i
that the plan provides that on its completion not less than 35 per cent. of the feeding stuffs required for the pigs kept on that land can be produced therefrom, and
ii
that such expenditure will not entail an increase in production;
b
proposed expenditure in connection with the breeding or keeping of poultry or the production of eggs;
c
proposed expenditure in connection with the breeding or keeping of dairy cows unless that Minister is satisfied that the effect of such expenditure will not be to exceed the quota, as defined in the Dairy Produce Quotas Regulations 1989 , of the person carrying on the agricultural business to which the plan relates, and —
i
that such expenditure will not make possible an increase in the number of dairy cows kept on the land occupied for the purposes of the agricultural business to which the plan relates on completion of the plan to more than 40 dairy cows per labour unit reasonably required for that business under the system of production then existing up to a maximum of 1.5 labour units, or
ii
in the case of an agricultural business which in the opinion of that Minister reasonably requires more than 1.5 labour units under the existing system of production and in the carrying on of which dairy cows were kept at the date of submission of the plan for approval, or of a request for variation of such an approval, that such expenditure will not make possible an increase of more than 15 per cent. in the number of dairy cows so kept at that date;
d
proposed expenditure in connection with the breeding or keeping of beef livestock, unless that Minister is satisfied —
i
that after completion of the work, facility or transaction to which the expenditure relates, the number of such livestock kept on the land occupied for the purposes of the agricultural business to which the plan relates will not exceed the equivalent of three livestock units for every hectare of that land comprising forage area, or
ii
that such expenditure is in respect of any work, facility or transaction which has the effect of safeguarding the environment, or
iii
that, where a plan submitted for approval is received before 1st January 1992 such expenditure will not entail an increase in production;
e
proposed expenditure in relation to the provision of horses and ponies for hir outside a less-favoured area;
f
proposed expenditure in relation to the purchase of land;
g
proposed expenditure in connection with any work, facility or transaction —
i
which is of a kind specified in item 7(a) to (d) in column 2 of Schedule 2 in respect of an ancillary farm business of a kind specified in paragraph 5 of column 1 thereof (provision of facilities for sports and recreation); or
ii
which is of a kind specified in item 6(b) or (c) in column 2 of Schedule 2 in respect of an ancillary farm business of a kind specified in paragraph 6 of column 1 thereof (provision of educational facilities relating to farming and the countryside and to farm-based industry); or
iii
which is necessary or incidental to the carrying out of any work, facility or transaction of a kind mentioned in (i) and (ii) above for any of the purposes there mentioned,
where that work, facility or transaction is to be carried out on any set-aside land within the meaning of the Set-Aside Regulations 1988 .
4
For the purposes of paragraph (3) above —
“beef livestock” means bovine animals which by reason of their breed or suitability are exclusively or principally kept for the production of meat either for human consumption or for processing into meat products;
“dairy cows” means cows which have calved and which by reason of their breed or suitability are exclusively or principally kept for the production of milk either for human consumption or for processing into milk products;
“forage area” means, in relation to land occupied for the purposes of the agricultural business to which the plan relates, so much of that land as is used for grazing by, or producing the feeding stuffs for, the beef livestock; and
“livestock unit” means one bovine animal over two years old, and a bovine animal under two years old but over six months old shall be taken to be 0.6 of a livestock unit.
5
The appropriate Minister shall not approve for the purposes of grant an improvement plan in so far as it includes —
a
proposed expenditure amounting in aggregate to less than £1,500;
b
proposed expenditure to be incurred more than six years from the date of approval of the plan;
c
proposed expenditure amounting in aggregate to more than £85,000 unless the excess expenditure is in respect of any work, facility or transaction of a kind specified in paragraph 5 in column 1 of Schedule 3;
d
proposed expenditure which, in the opinion of the appropriate Minister, would in any six-year period exceed the amount permitted in accordance with sub-paragraph (c) above when added to other expenditure —
i
which has been incurred in the six-year period in question, and
ii
which is included in any previous improvement plan, relating to the same agricultural business, approved under these Regulations or the 1985 Regulations or the 1989 Regulations or towards which grant is payable or has been paid under the 1985 Scheme or the 1989 Scheme;
e
proposed expenditure amounting in aggregate to more than £42,500 for each labour unit which, in the opinion of the appropriate Minister, can reasonably be expected to be required at the completion of the plan unless the excess expenditure is in respect of any work, facility or transaction of a kind specified in paragraph 5 in column 1 of Schedule 3;
f
proposed expenditure which, in the opinion of the appropriate Minister, would in any six-year period exceed the amount permitted per labour unit in accordance with sub-paragraph (e) above when added to other expenditure —
i
which has been incurred in the six-year period in question, and
ii
which is included in any previous improvement plan, relating to the same agricultural business, approved under these Regulations or the 1985 Regulations or the 1989 Regulations or towards which grant is payable or has been paid under the 1985 Scheme or the 1989 Scheme;
g
proposed expenditure in connection with any work, facility or transaction of a kind specified in column 2 of Schedule 2 amounting in aggregate to more than £40,000;
h
proposed expenditure in connection with any work, facility or transaction of a kind specified in column 2 of Schedule 2 which, in the opinion of the appropriate Minister, would in any six-year period exceed the amount permitted in accordance with sub-paragraph (g) above when added —
i
to other such expenditure which has been incurred in the six-year period in question, and which is included in any previous improvement plan relating to the same agricultural business approved under these Regulations, and
ii
to other expenditure which has been incurred in the six-year period in question, and which is included in any Farm Diversification Plan relating to that business approved under the 1987 Scheme.
6
For the purposes of paragraph (5)(d) and (f) above “other expenditure” does not include expenditure incurred in respect of any work, facility or transaction (relating to flood protection works in Scotland and shelter hedges in the Isles of Scilly) —
a
of a kind specified in paragraph 9 in column 1 of Schedule 1 or paragraph 5 in column 1 of Schedule 1A to the 1985 Scheme;
b
of a kind specified in paragraph 9 in column 1 of Schedule 1 or paragraph 5 in column 1 of Schedule 2 to the 1989 Scheme;
c
of a kind specified in paragraph 5 in column 1 of Schedule 3 to these Regulations;
d
of a kind specified in paragraph 5 in column 1 of Schedule 2 to the 1985 Regulations;
e
of a kind specified in paragraph 5 in column I of Schedule 2 to the 1989 Regulations.
7
Where the agricultural business to which the improvement plan relates includes the breeding or keeping of poultry or the production of eggs, or the processing or treatment of poultry meat or of eggs, work done in carrying on that part of the agricultural business shall be disregarded for the purposes of calculating the number of labour units under paragraph (5)(e) or (f) above.
8
Paragraph (5)(g) and (h) above shall not apply in relation to any eligible expenditure incurred in connection with the preparation of improvement plans where such plans include works, facilities or transactions specified in both Schedule 1 and Schedule 2, or Schedule 2 and Schedule 3 as the case may be.
9
The appropriate Minister shall not approve an improvement plan under these Regulations if the agricultural business to which the plan relates —
a
has been the subject of two previous improvement plans received within the preceding six years and approved under these Regulations or the 1985 Regulations or the 1989 Regulations, or
b
is the subject of a current development plan approved under the 1980 Regulations or the 1981 Regulations or a current improvement plan approved under these Regulations or the 1985 Regulations or the 1989 Regulations.
10
The appropriate Minister may make the approval of an improvement plan under these Regulations subject to such conditions as he thinks fit.
Closing date for submission of improvement plans
7
The appropriate Minister shall not approve an improvement plan under these Regulations where the plan is received by him after 31st December 1994.
Variation and withdrawal of improvement plans
8
The appropriate Minister may, on the written request of the person currently responsible for the carrying on of an agricultural business to which an improvement plan relates, vary or withdraw the approval of that plan where that Minister considers that there are exceptional circumstances warranting such a variation or withdrawal.
Improvement grants
9
1
Subject to the provisions of these Regulations, the appropriate Minister may make to any eligible person a grant towards expenditure incurred by him for the purposes of, or in connection with, the carrying on of an eligible agricultural business, including the establishment of any ancillary farm business which forms or will form, part of an eligible agricultural business, being expenditure which —
a
has been incurred in respect of any work, facility or transaction of a kind specified in column 1 of Schedule 1 or column 2 of Schedule 2 or, in relation to the Isles of Scilly only, in column 1 of Schedule 3, and
b
appears to the appropriate Minister to be of a capital nature or to have been incurred in connection with expenditure of a capital nature, and
c
is included in an improvement plan approved under these Regulations for that business and to be the responsibility of that person.
2
The appropriate Minister may make the payment of grant under paragraph (1) above subject to such conditions as that Minister thinks fit, and any payment of grant under these Regulations may be made at such time as that Minister may determine.
3
Where it appears to the appropriate Minister that expenditure in respect of which a grant is claimed under paragraph (1) above has been incurred partly for purposes which are eligible for grant under that paragraph and partly for purposes which are not so eligible, that Minister may for the purposes of a grant under that paragraph treat as having been incurred for purposes which are so eligible so much of that expenditure as appears to that Minister to be referable to those eligible purposes.
Amounts of grant
10
1
Subject to the provisions of this regulation and regulations 13 and 15, the amount of any grant payable under regulation 9(1) towards expenditure in respect of any work, facility or transaction of a kind specified in any of paragraphs 1 to 12 and 14 in column 1 of Schedule 1 shall be the percentage of that expenditure specified in relation to that work, facility or transaction in column 2 of that Schedule.
2
Subject to the following provisions of this regulation and regulations 13 and 15, in the case of any such work, facility or transaction which, in the opinion of the appropriate Minister, is for the purposes of, or in connection with, the carrying on of an agricultural business situated in a less-favoured area, or that part of such a business which is so situated, the amount of grant so payable shall be the percentage of that expenditure specified in relation to that work, facility or transaction in column 3 of Schedule 1.
3
Where it appears to the appropriate Minister that expenditure towards which grant is payable under regulation 9(1), in respect of any work, facility or transaction of a kind specified in column 1 of Schedule 1, has been incurred for the purposes of, or in connection with, the carrying on of an agricultural business on land situated partly in a less-favoured area, the appropriate Minister may for the purpose of determining the amount of grant so payable towards that expenditure treat as having been incurred for, or in connection with, that part of the business situated in the less-favoured area so much of that expenditure as appears to that Minister to be referable to the carrying on of that part of the business.
4
Any grant payable under regulation 9(1) towards expenditure in respect of the carrying out or provision of any work, facility or transaction (including conservation or amenity works) which is not of a kind specified in any of paragraphs 1 to 12 in column 1 of Schedule 1 but is incidental to, or necessary or proper in, the carrying out or provision of any other work, facility or transaction which is of a kind so specified or for securing the full benefit thereof, shall be calculated at the rate of grant appropriate to that other work, facility or transaction in accordance with the provisions of this regulation.
5
Subject to the following provisions of this regulation and regulations 13 and 15, the amount of any grant payable under regulation 9(1) towards expenditure in respect of any work, facility or transaction of a kind specified in column 2 of Schedule 2 shall be twenty-five per cent. of that expenditure.
6
Subject to the provisions of paragraph (8) below and regulations 13 and 15, the amount of any grant payable under regulation 9(1) towards expenditure incurred in relation to the Isles of Scilly in respect of any work, facility or transaction of a kind specified in column 1 of Schedule 3 shall be the percentage of that expenditure specified in relation to that work, facility or transaction in column 2 of that Schedule.
7
Subject to the provisions of paragraph (8) below and regulations 13 and 15, in the case of expenditure incurred in relation to the Isles of Scilly in respect of any work, facility or transaction of a kind specified both in column 1 of Schedule 1 and in column 1 of Schedule 3, the amount of any grant payable under regulation 9(1) shall be the percentage of that expenditure specified in relation to that work, facility or transaction in column 2 of Schedule 3.
8
In the case of any work, facility or transaction which, in the opinion of the appropriate Minister, is for the purposes of, or in connection with, the carrying on of an agricultural business by —
a
a young farmer who fulfils the requirements specified in paragraph (9) below; or
b
a partnership in respect of which the requirements specified in paragraph (10) below are fulfilled;
the amount of grant payable under regulation 9(1) shall be the percentage of that expenditure specified in relation to that work, facility or transaction, increased by twenty-five per cent.
9
The requirements in relation to a young farmer are that he —
a
is less than forty years of age on the date on which an improvement plan relating to his agricultural business is submitted to the appropriate Minister;
b
is at that date the sole owner or sole tenant of the land on which the agricultural business to which the plan relates is carried on;
c
submits an improvement plan relating to his agricultural business to the appropriate Minister within five years of the date on which he became sole owner or sole tenant of the land on which the agricultural business to which the plan relates is carried on;
d
has not prior to the date mentioned in sub-paragraph (c) above been responsible for carrying on an agricultural business on land in the capacity of sole owner or sole tenant;
e
has not previously been responsible for carrying out an improvement plan under these Regulations or the 1985 Regulations or the 1989 Regulations or a development plan under the 1980 Regulations or the 1981 Regulations as an individual carrying on an eligible agricultural business or a person carrying on such a business in partnership or an owner of land occupied for the purposes of such a business; and
f
holds an appropriate certificate relating to the possession of agricultural skill and competence issued by an establishment recognised for that purpose by the appropriate Minister.
10
The requirements in relation to a partnership are —
a
that a partner in that partnership fulfils the requirements set out in paragraph (9)(a), (e) and (f) above, submits an improvement plan to the appropriate Minister within five years of the date on which he became an owner or tenant of the land on which the agricultural business to which the plan relates is carried on and has not prior to that date been responsible for carrying on an agricultural business on land in the capacity of sole owner or sole tenant;
b
that all other partners in the partnership fulfil the requirement of paragraph (9)(a) above in relation to the partnership business, except that this requirement shall not apply to a limited partner under the terms of a limited partnership agreement who takes no part in the management of the partnership business.
Accounts
11
1
The accounts referred to in regulation 5(3) are accounts relating to an agricultural business to which an approved improvement plan relates, and the keeping of those accounts shall comprise —
a
the recording of the revenue and expenditure of the business, with supporting documents, and
b
the drawing up of an annual balance sheet of the assets and liabilities of the business.
2
The person currently responsible for the carrying on of an agricultural business to which an approved improvement plan relates shall furnish to the appropriate Minister such copies of the accounts specified in paragraph (1)(a) and (b) above as that Minister may require.
Claims for grant and closing dates for incurring certain expenditure
12
1
Subject to paragraph (3) below, any claim for a grant under these Regulations shall be made in such form and manner and at such time as the appropriate Minister may from time to time require, and the claimant for grant shall furnish all such particulars and information relating to the claim and copies of such documents and records relating thereto as that Minister may require.
2
The appropriate Minister shall not pay grant under these Regulations in relation to any expenditure —
a
incurred before an improvement plan submitted for approval is acknowledged by him in writing;
b
incurred on or after 1st January 1994 in respect of any work, facility or transaction of a kind specified in paragraph 10 in column 1 of Schedule 1;
c
incurred on or after 17th November 1993 in respect of any work, facility or transaction of a kind specified in any of paragraphs I to 5 in column 1 of Schedule 3.
3
The appropriate Minister shall not pay grant under these Regulations in respect of —
a
any work, facility or transaction of a kind specified in paragraph 10 in column 1 of Schedule 1 unless the claim for grant is received by him on or before 31st March 1994;
b
any work, facility or transaction of a kind specified in paragraph 11 or 12 in column 1 of Schedule 1 unless the claim for grant is received by him on or before 31st December 1993;
c
any work, facility or transaction of a kind specified in any of paragraphs 1 to 5 in column 1 of Schedule 3 unless the claim for grant is received by him on or before 16th November 1994.
Standard costs
13
In such cases, and subject to such conditions, as the appropriate Minister may from time to time determine, the cost of any work, facility or transaction or the amount of any other cost or expenditure, shall, if the claimant so elects, be taken for the purpose of determining the amount of any grant payable under these Regulations as such standard cost or amount as that Minister may from time to time fix with the approval of the Treasury.
Reference income
14
For the purposes of these Regulations the appropriate Minister shall determine in respect of each calendar year —
a
a reference income per labour unit, which shall not exceed the average earnings of full-time workers in occupations other than agriculture;
b
a percentage increase in the reference income, having regard to the average annual increase during the preceding five years in the earnings of full-time workers in occupations other than agriculture after adjustment for changes in retail prices.
Reduction or withholding of grant
15
1
The appropriate Minister may reduce or withhold any grant payable under these Regulations in any case where —
a
assistance in respect of expenditure towards which such grant is claimed has been or may be given otherwise than under these Regulations, or
b
the carrying out or provision of the work, facility or transaction in respect of which such grant is claimed appears to that Minister to frustrate the purposes served by assistance previously given out of money provided by Parliament or the European Economic Community, or
c
he considers that the expenditure towards which such grant is claimed is excessive having regard to the work, facility or transaction carried out or provided to which the claim relates, or
d
the carrying out or provision of the work, facility or transaction in respect of which such grant is claimed has been effected in a way which appears to that Minister to have destroyed or damaged the natural beauty and amenity of the countryside to an extent which cannot be justified by any resulting agricultural benefit.
2
Before reducing or withholding any grant under the provisions of paragraph (1)(c) or (d) above the appropriate Minister shall —
a
give to any person whose grant it is proposed to reduce or withhold a written notification of the reasons for the action proposed to be taken by that Minister, and
b
afford that person an opportunity of appearing before and being heard by a person appointed for the purpose by the appropriate Minister, and
c
consider the report by a person so appointed and supply a copy of the report to the person mentioned in sub-paragraph (a) above.
Revocation of approval and recovery of grant
16
1
If at any time after the appropriate Minister has approved an improvement plan or paid a grant under these Regulations it appears to that Minister —
a
that any condition subject to which the approval was given or the grant has been paid, or any undertaking given in accordance with regulation 5(1), has not been complied with, or
b
that any work, facility or transaction in respect of expenditure on which the approval was given has been badly done or provided, or has been or is being unreasonably delayed, or is unlikely to be completed, or
c
that the person by whom the application for approval of the improvement plan or for the payment of grant was made gave information on any matter relevant to the giving of the approval or the making of the payment which was false or misleading in a material respect,
that Minister may revoke the approval, in whole or in part, and, where any payment has been made, may recover on demand an amount equal to the payment which has been so made or such part thereof as that Minister may specify.
2
Subject to regulation 17(6), before revoking an approval or making a demand under the preceding provisions of this regulation that Minister shall —
a
give to any person to whom any payment by way of such grant would be payable or from whom any such amount would be recoverable a written notification of the reasons for the action proposed to be taken by that Minister, and
b
afford that person an opportunity of appearing before and being heard by a person appointed for the purpose by the appropriate Minister, and
c
consider the report by a person so appointed and supply a copy of the report to the person mentioned in sub-paragraph (a) above.
False statements
17
1
If any person, for the purposes of obtaining for himself or any other person any grant under these Regulations, knowingly or recklessly makes a false statement, he shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
2
Where an offence under paragraph (1) above which has been 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 —
a
any director, manager, secretary or other similar officer of the body corporate; or
b
any person who was purporting to act in any such capacity,
he as well as the body corporate shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
3
Proceedings in England and Wales for an offence under paragraph (1) above may be brought within a period of six months from the date on which evidence sufficient in the opinion of the appropriate Minister to justify proceedings comes to his knowledge, and in any case within five years from the commission of the offence.
4
Summary proceedings in Scotland for an offence under paragraph (1) above may be commenced within a period of six months from the date on which evidence sufficient in the opinion of the prosecutor to justify proceedings comes to his knowledge, and in any case within five years from the commission of the offence, and proceedings shall be deemed to be commenced on the date on which a warrant to apprehend o to cite the accused is granted, if such a warrant is executed without undue delay.
5
A certificate purporting to be signed —
a
for the purposes of paragraph (3) above, by or on behalf of the appropriate Minister, or
b
for the purposes of paragraph (4) above, by the prosecutor,
shall be conclusive evidence of the date on which evidence sufficient to justify proceedings came to his knowledge.
6
Where a person convicted of an offence under paragraph (1) above was at the time of the commission of the offence responsible for carrying on an agricultural business to which an improvement plan relates, the appropriate Minister may revoke the approval of that plan, in whole or in part, and, where any payment has been made, may recover on demand an amount equal to the payment which has been so made or such part thereof as that Minister may specify.
7
For the purposes of paragraph (6) above “improvement plan” means a plan approved under these Regulations in connection with which an offence under paragraph (1) has been committed.
Powers of entry
18
For the purposes of these Regulations and, in particular, for the purpose of securing that grants under these Regulations are made in proper cases only, any person duly authorised in that behalf by the appropriate Minister may, upon production if so required of his appointment or authority, at all reasonable times enter upon and inspect any land, and inspect any premises, plant or equipment in respect of which grant under these Regulations has been made or claimed.
Amendment of the 1985 Regulations
19
1
Regulation 2(1) of the 1985 Regulations (interpretation) shall be amended —
a
by substituting for the definition of “designated maps” the following definition:
“designated maps” means —
in relation to England, the 3 volumes of maps numbered 1 to 3, each such volume being marked “volume of maps of less-favoured farming areas in England” and with the number of the volume, dated 20th May 1991, signed and sealed by the Minister of Agriculture, Fisheries and Food and deposited at the offices of the Ministry of Agriculture, Fisheries and Food at Nobel House, 17 Smith Square, London SW1P 3JR;
in relation to Wales, the 2 volumes of maps numbered 1 and 2, both volumes being marked “volume of maps of less-favoured farming areas in Wales” and with the number of the volume, dated 20th May 1991, signed by the Secretary of State for Wales and deposited at the offices of the Welsh Office Agriculture Department at Trawsgoed, Aberystwyth, Dyfed SY23 4HT;
in relation to Scotland, the 4 maps numbered 1 to 4, each such map being marked “map of less-favoured farming areas in Scotland” and with the number of the map, dated 15th May 1991, signed by the Secretary of State for Scotland and deposited at the offices of the Scottish Office Agriculture and Fisheries Department at Pentland House, 47 Robb’s Loan, Edinburgh EH14 1TW;
, and
b
by substituting for sub-paragraph (a) of the definition of “less-favoured area” the following sub-paragraph:
a
which is situated in an area included in the list of less-favoured farming areas adopted by the Council or the Commission of the European Communities under Article 2(2) of Council Directive 75/268/EEC on mountain and hill farming and farming in certain less-favoured areas, as amended by Council Directive 80/666/EEC , which list is contained in Council Directive 84/169/EEC , as amended by Commission Decision 91/25/EEC , and
.
2
Paragraph (1) above shall not apply —
a
in relation to any claim for grant under the 1985 Regulations which is received by the appropriate Minister before the date of coming into force of these Regulations, or
b
in relation to any claim for grant under the 1985 Regulations towards expenditure incurred before 18th December 1990,
and that paragraph shall not affect the operation of the 1985 Regulations in relation to any such claim for grant.
Amendment of the 1989 Regulations
20
1
The 1989 Regulations shall be amended —
a
in regulation 2(1) thereof (interpretation) —
i
by substituting for the definition of “designated maps” the following definition:
“designated maps” means —
in relation to England, the 3 volumes of maps numbered 1 to 3, each such volume being marked “volume of maps of less-favoured farming areas in England” and with the number of the volume, dated 20th May 1991, signed and sealed by the Minister of Agriculture, Fisheries and Food and deposited at the offices of the Ministry of Agriculture, Fisheries and Food at Nobel House, 17 Smith Square, London SW1P 3JR;
in relation to Wales, the 2 volumes of maps numbered 1 and 2, both volumes being marked “volume of maps of less-favoured farming areas in Wales” and with the number of the volume, dated 20th May 1991, signed by the Secretary of State for Wales and deposited at the offices of the Welsh Office Agriculture Department at Trawsgoed, Aberystwyth, Dyfed SY23 4HT;
in relation to Scotland, the 4 maps numbered 1 to 4, each such map being marked “map of less-favoured farming areas in Scotland” and with the number of the map, dated 15th May 1991, signed by the Secretary of State for Scotland and deposited at the offices of the Scottish Office Agriculture and Fisheries Department at Pentland House, 47 Robb’s Loan, Edinburgh EH14 1TW;
, and
ii
by substituting for sub-paragraph (a) of the definition of “less-favoured area” the following sub-paragraph:
a
which is situated in an area included in the list of less-favoured farming areas adopted by the Council or the Commission of the European Communities under Article 2(2) of Council Directive 75/268/EEC on mountain and hill farming and farming in certain less-favoured areas, as amended by Council Directive 80/666/EEC , which list is contained in Council Directive 84/169/EEC , as amended by Commission Decision 91/25/EEC , and
;
b
in regulation 6(3) thereof (restrictions on approval of improvement plans) —
i
in sub-paragraph (e), by substituting for the figure “£74,000” the figure “£85,000”, and
ii
in sub-paragraph (g), by substituting for the figure “£35,000” the figure “£42,500”;
c
in regulation 7 thereof (closing date for submission of improvement plans) by substituting for the words from “31st December 1994” to the end of the regulation the date “17th July 1991”.
2
Paragraph (1)(a) above shall not apply —
a
in relation to any claim for grant under the 1989 Regulations which is received by the appropriate Minister before the date of coming into force of these Regulations, or
b
in relation to any claim for grant under the 1989 Regulations towards expenditure incurred before 18th December 1990,
and that paragraph shall not affect the operation of the 1989 Regulations in relation to any such claim for grant.
3
Paragraph (1)(b) above shall not apply in relation to a request for the variation of an improvement plan approved under the 1989 Regulations which is received by the appropriate Minister before the date of coming into force of these Regulations, and that paragraph shall not affect the operation of the 1989 Regulations in relation to any such request.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
17th July 1991.
Strathclyde
Parliamentary Under Secretary of State, Scottish Office
11th July 1991


text:
Citation and commencement
1
These Regulations may be cited as the Non-Domestic Rating (Caravan Sites) (Amendment) Regulations 1991 and shall come into force on 3rd April 1991.
Interpretation
2
1
In these Regulations —
“the 1991 Act ” means the Caravans (Standard Community Charge and Rating) Act 1991;
“the Alteration and Appeals Regulations ” means the Non-Domestic Rating (Alteration of Lists and Appeals)Regulations 1990 ;
“the commencement day” means 12th February 1991 (being the day on which the 1991 Act came into force);
“list” means a local non-domestic rating list;
“the principal Regulations ” means the Non-Domestic Rating (Caravan Sites) Regulations 1990 ;
“Schedule 6” means Schedule 6 to the Local Government Finance Act 1988 ;
and “protected site” means a site which is a protected site for the purposes of Part I of the Caravan Sites Act 1968 .
2
Expressions used in these Regulations which are also used in the principal Regulations shall, unless the context otherwise requires, have the same meaning as in those Regulations.
Treatment of pitches etc. as one hereditament
3
1
The principal Regulations shall be amended as provided in this regulation.
2
There shall be omitted —
a
regulation 2(c); and
b
in regulations 3(1) and 4(3), the word “leisure”.
3
In regulation 4(1)(a), for the words “occupied by persons other than the site operator” there shall be substituted the words “stationed on pitches which do not consist of domestic property”.
Caravans on protected sites: effective date of entry in local rating lists
4
1
In this regulation and regulations 5 and 6 below, “relevant hereditament” means a hereditament comprising a pitch for a caravan which by virtue of the 1991 Act falls to be shown in a list, whether individually or (by virtue of the principal Regulations) as part of a larger hereditament.
2
In relation to a relevant hereditament —
a
the principal Regulations shall apply in respect of any period falling before the coming into force of regulation 3 as they would have applied with the modifications made by the amendments in that regulation if it had come into force on 1st April 1990; and
b
any alteration of a list to show the hereditament in respect of a period before the commencement day shall, notwithstanding regulation 6 of the Alteration and Appeals Regulations , have effect from 1st April 1990, or, if later, the day which would have been applicable in accordance with regulation 4 of those Regulations had the commencement day been 1st April 1990.
Alteration of rating list
5
In relation to a proposal for an alteration of a list by reason of a relevant hereditament, or any part of it, becoming liable to be included in a list as a consequence of the 1991 Act, regulation 9(4) of the Alteration and Appeals regulations shall apply as if, for the reference to the period of six months beginning on the day on which the material change of circumstances took place, there were substituted a reference to the period of six months beginning on the day on which these Regulations come into force.
Valuation
6
1
This regulation applies to a relevant hereditament which consists of an area of a protected site comprising a pitch or pitches which by virtue of section 1 of the 1991 Act has or have ceased to be domestic property.
2
For the purposes of determining the rateable value of a hereditament to which this regulation applies, to be shown in a list for —
a
the first day (“the relevant day”) on or after 1st April 1990 on which the hereditament would have been liable to be shown in a list had the 1991 Act been in force, and
b
each subsequent day before the first day on which a change takes place in any of the matters mentioned in paragraphs 2(7) of Schedule 6,
the material day for the purposes of paragraph 2(6) of that Schedule shall be the relevant day.
3
Where in relation to a hereditament to which this regulation applies there has —
a
since the relevant day, and
b
before any alteration is made to a list in pursuance of regulation 4 above,
been a change in any of the matters mentioned in paragraph 2(7) of Schedule 6, in relation to any alteration in the list to reflect such a change —
i
the material day for the purposes of paragraph 2(6) of Schedule 6 shall be the day on which the change giving rise to the alteration took place; and
ii
paragraph 2B(1)(c) of Schedule 6 shall apply as if for the words from the beginning to “the proposal is made” there were substituted the words “for the day immediately before the day on which the change giving rise to the alteration took place”.
Michael Heseltine
Secretary of State for the Environment
4th March 1991
David Hunt
Secretary of State for Wales
4th March 1991


text:
Citation and commencement
1
This Order may be cited as the Litter Control Areas Order 1991 and shall come into force on 1st July 1991.
Land which may be designated as a litter control area
2
1
Subject to paragraph (2), land of the following descriptions may be designated under section 90(3) of the Environmental Protection Act 1990 as, or as part of, a litter control area:
a
car parks to which the public are entitled or permitted to have access;
b
land forming a retail shopping development which has a gross retail floorspace of 5,000 square metres or more, other than the land within that development which is retail floorspace or ancillary space used directly with retail floorspace;
c
land to which the public are entitled or permitted to have access, which is open to the air, and which forms part of a business or office park or an industrial or trading estate with a gross floor space of 5,000 square metres or more;
d
land used as a cinema, theatre, concert hall, bingo hall, casino, dance hall, swimming bath, skating rink, gymnasium or area for other indoor or outdoor sports or recreations, or as an amusement arcade or centre;
e
any part of an inland beach or 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;
f
any esplanade or promenade which is above the place to which the tide flows at mean high water springs;
g
land which is, or is part of, an aerodrome licensed under Part IX of the Air Navigation Order 1989 , other than an aerodrome operated by a relevant airport operator within the meaning of Part V of the Airports Act 1986 ;
h
land which is, or is part of, a marina, or other similar recreational boating facility and is above the place to which the tide flows at mean high water springs, other than an area used solely for repairing boats;
i
land which is, or is part of, a motorway service station;
j
land to which the public are entitled or permitted to have access, which is open to the air, and which is under the direct control of —
i
a parish or community council or parish trustees,
ii
an urban development corporation established under Part XVI of the Local Government, Planning and Land Act 1980 ,
iii
a new town development corporation established under section 3 of the New Towns Act 1981 or section 2 of the New Towns (Scotland) Act 1968 ,
iv
the Development Board for Rural Wales,
v
the Commission for the New Towns,
vi
an authority established under section 10 of the Local Government Act 1985 (waste disposal authorities),
vii
a joint authority established by Part IV of the Local Government Act 1985 (police, fire services, civil defence and transport),
viii
a residuary body established under section 57(1) of the Local Government Act 1985 or any body established pursuant to an order under section 67 of that Act (successors to residuary bodies),
ix
a housing action trust established under section 62 of the Housing Act 1988 ,
x
the Broads Authority,
xi
a joint or special planning board constituted for a National Park by an Order under paragraph 1 or paragraph 3 of Schedule 17 to the Local Government Act 1972 , or
xii
a health service body as defined in section 60(7) of the National Health Service and Community Care Act 1990 or an NHS trust established under section 5 of that Act or under section 12A of the National Health Service (Scotland) Act 1978 ;
l
land on which a market is held, other than land forming part of a highway or, in Scotland, a public road;
m
land forming, or forming part of, a camping or caravan site (including a mobile home site) which is used for more than 28 days in one year,
n
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 , or 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 .
2
Land as respects which section 89(1)(a) to (f) of the Environmental Protection Act 1990 imposes a duty may not be designated as, or as part of, a litter control area.
Form of designation orders
3
1
Subject to paragraph (2), a designation order under section 90(3) of the Environmental Protection Act 1990 shall be in the form prescribed in the Schedule to this Order.
2
In Scotland, for the words “the map forming part of this Order, sealed with the common seal of the (a)” in the prescribed form there shall be substituted the words “the map executed as relative to and forming part of this Order”.
Michael Heseltine
Secretary of State for the Environment
5th June 1991
David Hunt
Secretary of State for Wales
5th June 1991
James Douglas-Hamilton
Parliamentary Under Secretary of State, Scottish Office
5th June 1991