text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Croydon Community National Health Service Trust (Establishment) Order 1990 and shall come into force on 21st December 1990.
2
In this Order unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State has a function to provide under sections 3(1)(d) or (e) or 5(1)(a) and (1A) of, or Schedule 1 to, the National Health Service Act 1977 ;
“establishment date” means 21st December 1990;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means Croydon Community National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called Croydon Community National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to manage community health services from 12–18 Lennard Road, Croydon CR9 2RS and to own the premises there from which those services are to be provided and any associated premises.
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1991.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date in order to enable it to begin to operate satisfactorily from the operational date the trust shall have the limited functions–
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary for the said purpose.
Assistance by health authorities before operational date
7
1
The Croydon Health Authority shall–
a
until the operational date make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The Croydon Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are–
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the Croydon Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Virginia Bottomley
Minister of State,
Department of Health
4th December 1990


type: legislation

jurisdiction: UK

text:
Title, commencement and interpretation
1
1
This Order may be cited as the Medicines (Veterinary Drugs) (Pharmacy and Merchants' List) (No.2) (Amendment) Order 1990 and shall come into force on 3rd April 1990.
2
In this Order, “the principal Order ” means the Medicines (Veterinary Drugs) (Pharmacy and Merchants' List) (No.2) Order 1989 .
Amendment of the principal Order
2
1
The principal Order shall be amended in accordance with the provisions of this article.
2
In article 2(1)–
a
for the definition of “the Register of Manufacturers” there shall be substituted the following definition–
“the Register of Manufacturers” means the register of persons entitled to incorporate medicinal products in animal feeding stuffs kept respectively by the Department of Agriculture, and the registrar under regulation 6(1) of the Medicines (Medicated Animal Feeding Stuffs) Regulations 1989 ;
;
b
for the definition of “the Register of Merchants” there shall be substituted the following definition–
“the Register of Merchants” means the register of merchants in veterinary drugs or intermediate feed kept respectively by the Society and the Department of Health (N.I.), under articles 5(1) and 8(1) of this Order;
.
3
In article 5(1) for the words “The Society and the Department of Health (N.I) shall each keep, for the purposes of article 4(4)” there shall be substituted the words “For the purposes of article 4(4) the Society and the Department of Health (N.I.) shall each continue to keep”.
4
For article 8 (Register of Merchants for the purposes of article 7(4) there shall be substituted the following article–
8
1
The Society and the Department of Health (N.I.) shall each continue to keep, for the purposes of article 7(4), a register of persons as being entitled, in the course of a qualifying business carried on by them, to sell by retail on premises in respect of which their names are entered in the register, any intermediate feed described in article 6 free from restrictions imposed by section 52 of the Act, if and so long as the conditions contained in articles 6 and 7 are complied with.
2
Details of premises used for the storage of any intermediate feed described in article 6 at a different postal address from that of premises used to sell by retail such intermediate feed shall be recorded in a register kept under paragraph (1) above.
3
Where a person who, whilst carrying on a qualifying business elsewhere than in Northern Ireland, makes an application in writing to the Society for his name to be entered in the Society’s Register of Merchants in respect of any premises on which any intermediate feed described in article 6 is to be sold or stored by him in the course of that qualifying business, the Society shall, subject to paragraphs (8) and (9) below, enter his name in that Register in respect of those premises.
4
Where a person who, whilst carrying on a qualifying business in Northern Ireland, makes an application in writing to the Department of Health (N.I.) for his name to be entered in the Department of Health’s (N.I.) Register of Merchants in respect of any premises on which any intermediate feed described in article 6 is to be sold or stored by him in the course of that qualifying business, the Department of Health (N.I.) shall, subject to paragraphs (8) and (9) below, enter his name in that Register in respect of those premises.
5
Subject to paragraphs (10) and (12) below, a person whose name is entered in the Register of Merchants in respect of any premises shall, in order to retain his name in that Register in respect of those premises in any year subsequent to the year in which his name is first entered in it, in the month of January in any such year make an application in writing to the Society or the Department of Health (N.I.) (as the case may be) for his name to be retained in the Register of Merchants in respect of those premises.
6
Subject to paragraphs (11) and (12) below, a person whose name is removed from the Register of Merchants in respect of any premises by reason only that he failed either to make proper application for the retention of his name in that Register pursuant to paragraph (5) above or to pay the fee due in respect of the retention of his name in that Register pursuant to paragraph (10) below may, in order to restore his name to the Register in respect of those premises, make an application to the Society or the Department of Health (N.I.) (as the case may be) for his name to be restored to the Register of Merchants in respect of those premises.
7
There shall be paid to the Society or the Department of Health (N.I.)–
a
in respect of the entry in the Register of Merchants of the name of any person in respect of any premises on which any intermediate feed described in article 6 is to be sold or stored a fee of £90 for each such premises;
b
in respect of the retention in the Register of Merchants of the name of any person in respect of any premises on which any intermediate feed described in article 6 is to be sold or stored a fee of £80 for each such premises;
c
in respect of the restoration to the Register of Merchants of the name of any person in respect of any premises on which any intermediate feed described in article 6 is to be sold or stored a fee of £120 for each such premises.
8
The Society or the Department of Health (N.I.) shall refuse to enter in its respective Register of Merchants the name of any person in respect of any premises unless that person–
a
has paid to the Society or the Department of Health (N.I.) (as the case may be) the fee specified in paragraph 7(a) above for the entry of his name in that Register; and
b
has given to the Society or the Department of Health (N.I.) (as the case may be) an undertaking in writing that he will comply with the provisions of the Code of Practice for Category 2 Agricultural Merchants Selling or Supplying Veterinary Drugs dated December 1989 and published by the Ministry of Agriculture, Fisheries and Food (being a code relating to the sale or supply of the intermediate feed containing the veterinary drugs described in article 6).
9
The Society, with the approval of the Minister, or the Department of Health (N.I.) with the approval of the Department of Agriculture, may refuse to enter in its respective Register of Merchants the name of any person in respect of any premises if, in the opinion of the Society or the Department of Health (N.I.) (as the case may be), the premises are unsuitable for the storage or safekeeping of any intermediate feed described in article 6.
10
The Society or the Department of Health (N.I.) shall refuse to retain in its respective Register of Merchants in any year subsequent to the year in which his name is first entered in it the name of any person in respect of any premises unless that person has paid to the Society or the Department of Health (N.I.) (as the case may be) on or before 31st January in that year the fee specified in paragraph 7(b) above for the retention of his name in that Register.
11
The Society or the Department of Health (N.I.) shall refuse to restore to its respective Register of Merchants the name of any person in respect of any premises unless that person, having made proper application pursuant to paragraph (6) above, has paid to the Society or the Department of Health (N.I.) (as the case may be) the fee specified in paragraph (7)(c) above for the restoration of his name to that Register.
12
The Society, with the approval of the Minister, or the Department of Health (N.I.) with the approval of the Department of Agriculture, may refuse to retain in or to restore to, or may remove from its respective Register of Merchants the name of any person in respect of any premises if, in the opinion of the Society or the Department of Health (N.I.) (as the case may be)–
a
that person has failed to observe any of the provisions of the Code of Practice referred to in paragraph (8)(b) above; or
b
the conditions under which any intermediate feed described in article 6 is sold by retail on those premises or under which it is stored on those premises (whether immediately prior to retail sale or not) are unsuitable for that purpose.
13
In respect of any premises the Society or the Department of Health (N.I.) may remove from its respective Register of Merchants the name of any person entered in it, at the request of that person.
.
5
In paragraph (6) of article 9 (exemptions in respect of veterinary drugs to be incorporated in animal feeding stuffs, and of intermediate feed)–
a
for the words “described in paragraph (3) above” there shall be substituted the words “described in paragraph (5) above”;
b
for sub-paragraph (b)(ii) there shall be substituted the following sub-paragraph–
ii
whose name is entered in Part B of the Register of Manufacturers and that veterinary drug or intermediate feed is intended for incorporation in animal feeding stuffs at a rate of at least 2 kilograms per tonne of the final medicated feeding stuff, or
.
Kenneth Clarke
Secretary of State for Health
6th March 1990
Sanderson of Bowden
Minister of State, Scottish Office
6th March 1990
Peter Walker
Secretary of State for Wales
7th March 1990
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 6th March 1990.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland this 9th day of March 1990.
F.A. Elliott
Permanent Secretary
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland this 12th day of March 1990.
W.J. Hodges
Permanent Secretary
We consent,
John Taylor
Kenneth Carlisle
Two of the Lords Commissioners of Her Majesty’s Treasury
7th March 1990


text:
Citation and commencement
1
1
This Act of Sederunt may be cited as the Act of Sederunt (Amendment of Sheriff Court Ordinary Cause, Summary Cause, and Small Claim, Rules) (No.2) 1990 and shall come into force on 5th November 1990.
2
This Act of Sederunt shall be inserted in the Books of Sederunt.
Amendment of Ordinary Cause Rules
2
The Ordinary Cause Rules of the sheriff court shall be amended as follows:–
a
for rule 28, substitute the following rule:–
Reponing
28
1
In any action (other than an action of divorce or of separation), the defender may apply to be reponed by lodging with the sheriff clerk, before implement in full of a decree in absence, a note setting forth his proposed defence and explaining his failure to appear.
2
A copy of the note lodged under paragraph (1) shall be served on the pursuer.
3
The sheriff may, following consideration of the note, recall the decree so far as not implemented subject to such order as to expenses as seems to him just; and the cause shall thereafter proceed in all respects as if the defender had appeared.
4
A reponing note, when duly lodged and served upon the pursuer, shall have effect to sist diligence.
5
Any interlocutor or order recalling, or incidental to the recall of, a decree in absence shall be final and not subject to review.
; and
b
Rules 29 to 32 shall be omitted.
Amendment of Summary Cause Rules
3
Rule 19 of the Summary Cause Rules of the sheriff court shall be amended as follows:–
a
for paragraph (2), substitute the following paragraph:–
2
On the lodging of a minute, the sheriff clerk shall fix a date, time and place for a hearing. Not less than 7 days before the hearing the minuter shall serve upon the other party a copy of the minute and intimate to him the date, time and place of the hearing.
; and
b
paragraph (4) shall be omitted.
Amendment of Small Claim Rules
4
In rule 27 of the Small Claim Rules , omit paragraphs (5) and (9).
J.A.D. Hope
Lord President, IPD
Edinburgh,
12th October 1990


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Third Country Fishing (Enforcement) Order 1990 and shall come into force on 2nd February 1990.
2
In this Order, “relevant Community provision” means any provision of a Regulation of the European Communities referred to in column 1 of the Schedule to this Order which is specified in column 2 thereof opposite the reference to that Regulation. Offences and penalties
2
If there is, in respect of any fishing boat to which a relevant Community provision applies, a contravention of, or failure to comply with, that provision within British fishery limits, the master of that boat shall be guilty of an offence and liable —
a
on summary conviction to a fine not exceeding the amount specified in column 4 of the Schedule to this Order opposite the reference to that provision in column 2; or
b
on conviction on indictment to a fine.
Recovery of fines
3
1
Where a fine is imposed by a magistrates' court in England and Wales or Northern Ireland on the master or a member of the crew of a fishing boat who is convicted by the court of an offence under article 2 or 5 of this Order, the court may —
a
issue a warrant of distress against the boat and its gear and catch and any property of the person convicted for the purpose of levying the amount of the fine; and
b
order the boat to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid or the amount of the fine is levied in pursuance of any such warrant, whichever occurs first.
2
Where a fine is imposed by a sheriff in Scotland on th e master or a member of the crew of a fishing boat who is convicted by the sheriff of an offence under article 2 or 5 of this Order, the sheriff may —
a
issue a warrant for the arrestment and sale of the boat and its gear and catch and any property of the person convicted; and
b
order the boat to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid, whichever occurs first.
3
Sections 77(1) and 78 of the Magistrates' Courts Act 1980 (postponement of issue of, and defects in, warrants of distress) shall apply to a warrant of distress issued under this article in England and Wales as they apply to a warrant of distress issued under Part III of that Act.
4
Articles 114(2) and 154 of the Magistrates' Courts (Northern Ireland) Order 1981 (postponement of issue of certain warrants and objections as to want of form or variance between complaint etc and evidence adduced) shall apply to a warrant of distress issued under this article in Northern Ireland as it applies to a warrant referred to in those articles.
Powers of British sea-fishery officers in relation to fishing boats
4
1
For the purpose of enforcing article 2 of this Order, a British sea-fishery officer —
a
may go on board any fishing boat to which a relevant Community provision applies and which is within British fishery limits;
b
may take with him, to assist him in performing his functions, any other person and any equipment or materials;
c
may require any such boat to stop and do anything else to enable him to board it;
d
may require the attendance of the master of the boat or any other person on board;
e
may require any person on board to assist him in the performance of his functions; and
f
may make any examination or inquiry which appears to him to be necessary and, without prejudice to the generality of the foregoing, he may in particular —
i
examine any fish on the boat and the equipment of the boat, including the fishing gear;
ii
require the production of any document relating to the boat or to its fishing operations or other operations ancillary to its fishing operations;
iii
search the boat for any such document, and require any person on board the boat to do anything which appears to the officer to be necessary for facilitating the search; and
iv
take copies of any such document.
2
If a British sea-fishery officer has reasonable grounds to suspect that an offence under article 2 of this Order has been committed within British fishery limits in respect of a boat that he has power to go on board under paragraph (1)(a) of this article, he may seize and detain any document produced to him or found on board the boat, and the officer —
a
may require the master to take, or may himself take, the boat and its crew to the port which appears to the officer to be the nearest convenient port; and
b
may detain the boat in the port.
3
Nothing in paragraph (2) of this article shall permit any document required by law to be carried on board any boat to be seized or detained except while the boat is detained in a port.
4
If a British sea-fishery officer detains a boat, he shall serve on the master a notice stating that it is to be detained until the notice is withdrawn by the service on him of a further notice in writing signed by a British sea-fishery officer.
Obstruction of officers
5
Any person who, on any fishing boat which is within British fishery limits and to which a relevant Community provision applies —
a
fails without reasonable excuse to comply with any requirement imposed by a British sea-fishery officer under the powers conferred on British sea-fishery officers by article 4 of this Order;
b
without reasonable excuse prevents any other person from complying with any such requirement; or
c
assaults an officer who is exercising any of the powers conferred on him by article 4 of this Order or intentionally obstructs any such officer in the exercise of any of those powers shall be guilty of an offence and liable —
i
on summary conviction to a fine not exceeding 5,000; or
ii
on conviction on indictment to a fine.
Protection of officers
6
An officer shall not be liable in any civil or criminal proceedings for anything done in the purported exercise of the powers conferred on him by article 4 of this Order if the court is satisfied that the act was done in good faith, that there were reasonable grounds for doing it and that it was done with reasonable skill and care.
Proceedings
7
Proceedings for an offence under this Order may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.
Revocation
8
The Third Country Fishing (Enforcement) Order 1989 is hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 30th January 1990.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
24th January 1990
Peter Walker
Secretary of State for Wales
25th January 1990
Peter Brooke
Secretary of State for Northern Ireland
31st January 1990


text:
1
This Order may be cited as the Housing (Revocation and Modification of Clearance Orders) Order 1990 and shall come into force on 19th September 1990.
2
The saving in paragraph 1 of Schedule 2 to the Housing Act 1974 (Commencement No. 6) Order 1979 shall cease to have effect in relation to the repeal of section 24 of, and Schedule 3 to, the Housing Act 1961 except in relation to any order made under section 24 before 19th September 1990.
Signed by authority of the Secretary of State for the Environment
Michael Portillo
Minister of State,
Department of the Environment
17th August 1990


text:
1
The new highways which the Secretary of State proposes to construct along the routes described in the Schedule to this Order shall become trunk roads as from the date when this Order comes into force.
2
The centre line of each of the new trunk roads is indicated by a heavy black line on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of either of the new trunk roads that —
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question, until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purposes of through traffic.
4
In this Order: —
1
all measurements of distance are measured along the route of the relevant highway;
i
“the deposited plan” means the plan numbered MEC.1.3 marked “The London Folkestone Dover Trunk Road A20 (Court Wood to Dover Section) Order 1990” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London, SW1P 3PY;
ii
“the new trunk roads” means the highways mentioned in article 1 of this Order and “a new trunk road” means one of those highways;
iii
“the trunk road” means the London Folkestone Dover Trunk Road (A20).
5
This Order shall come into force on 16th March 1990 and may be cited as the LondonFolkestoneDover Trunk Road A20 (Court Wood to Dover Section) Order 1990.
Signed by authority of the Secretary of State for Transport
D. Gruffydd Jones
Regional Director South East Region
Department of Transport
5th February 1990


text:
1
This Order may be cited as the Copyright, Designs and Patents Act 1988 (Commencement No. 5) Order 1990.
2
The following provisions of the Copyright, Designs and Patents Act 1988 shall come into force on 13th August 1990 —
a
in Part IV (registered designs) —
9section 272 in so far as it relates to paragraph 21 of Schedule 3, and section 273;
b
Part V (patent agents and trade mark agents) save in so far as article 3 below otherwise provides;
c
in Part VI (patents) —
9section 295 in so far as it relates to paragraph 27 of Schedule 5;
d
in Part VII (miscellaneous and general) —
section 303(1) in so far as it relates to paragraphs 15, 18(2) and 21 of Schedule 7, and
section 303(2) in so far as it relates to the references in Schedule 8 to —
section 32 of the Registered Designs Act 1949 , and sections 84, 85, 104, the words “within the meaning of section 104 above” in section 105, sections 114 and 115, section 123(2)(k), and the definition of “patent agent” in section 130(1), of the Patents Act 1977 ;
e
in Schedule 3 (minor and consequential amendments to the Registered Designs Act 1949) paragraph 21;
f
chedule 4;
g
in Schedule 5 (patents: miscellaneous amendments), paragraph 27;
h
in Schedule 7 (consequential amendments), paragraphs 15, 18(2) and 21;
i
n Schedule 8 (repeals) the references to —
section 32 of the Registered Designs Act 1949, and sections 84, 85, 104, the words “within the meaning of section 104 above” in section 105, sections 114 and 115, section 123(2)(k), and the definition of “patent agent” in section 130(1), of the Patents Act 1977.
3
For the purpose only of making rules expressed to come into force on or after 13th August 1990, any provision of Part V of the Copyright, Designs and Patents Act 1988 conferring power to make rules shall come into force forthwith.
Douglas Hogg
Minister of State,
Department of Trade and Industry
10th July 1990


text:
1
These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) (No. 2) Regulations 1990 and shall come into force on 18th June 1990.
2
1
The Motor Vehicles (Driving Licences) Regulations 1987 shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1) of regulations 3 (Interpretation) the words ““clerk to the traffic commissioner” means the clerk to the traffic commissioner for any traffic area constituted for the purposes of the 1981 Act” shall be deleted.
3
In regulation 18 (Appointments for tests and notice of cancellation thereof) —
a
in paragraph (1) for the words “the clerk to the traffic commissioner” there shall be substituted the words “the licensing authority”;
b
in paragraph (2) for the words “the said clerk” in the second line and for the words “the clerk” in the third line there shall be substituted the words “the licensing authority”;
c
in paragraph (3) for the words “the clerk to the traffic commissioner by whom the appointment was made” there shall be substituted the words “the licensing authority”; and
d
in paragraph (4) for the words “is situated the office of the clerk to the traffic commissioner to whom notice cancelling an appointment for a test falls to be given” there shall be substituted the words “the applicant is due to take his test”.
4
In regulation 19 (Fees in respect of tests)
a
in paragraph (3)(b) for “£24.00” there shall be substituted
i
£24.00 if the application for the test, with which the fee is required to be paid by Regulation 18(2) above, is made before 18th June 1990; and
ii
£26.00 if that application is made on or after that date.
b
in paragraph (3)(c) for “£18.00” there shall be substituted
i
£18.00 if the application for the test, with which the fee is required to be paid by Regulation 18(2) above, is made before 18th June 1990; and
ii
£19.50 if that application is made on or after that date,
c
in paragraph (5) for “£18.00” there shall be substituted “£19.50”.
5
In regulation 22 (Evidence of results of tests)
a
in paragraph (3) for the words “the clerk to the traffic commissioner” there shall be substituted the words “the licensing authority”.
Signed by authority of the Secretary of State for Transport
Robert Atkins
Parliamentary Under-Secretary of State,
Department of Transport
21st May 1990
We approve the making of these Regulations
Kenneth Carlisle
John Taylor
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd May 1990


text:
Citation and interpretation
1
This Order may be cited as the Companies Act 1989 (Commencement No. 3, Transitional Provisions and Transfer of Functions under the Financial Services Act 1986) Order 1990.
2
In this Order: —
“ SIB ” means the body known as The Securities and Investments Board;
“the 1986 Act ” means the Financial Services Act 1986 ; and
“the 1989 Act ” means the Companies Act 1989.
Provisions of the 1989 Act commenced by this Order
3
The following provisions of the 1989 Act shall come into force on 15th March 1990 subject to the transitional provisions and savings set out in article 6 below: Section 192 insofar as it inserts section 47A into the 1986 Act Section 193 insofar as is necessary in order to enable regulations to be made under section 62A of, and paragraph 22A of Schedule 11 to, the 1986 Act as amended by the 1989 Act Sections 194 to 200 Sections 203 to 205 Section 206(1) except insofar as it relates to the insertion by paragraph 32 of Schedule 23 to the 1989 Act of paragraph 13B into Schedule 11 to the 1986 Act Section 206(2) to (4) Schedule 23 (except that paragraph 32 of the said Schedule shall come into force only insofar as it inserts paragraph 13A into Schedule 11 to the 1986 Act) Section 212 and Schedule 24 to the extent that they relate to the repeals in, or of, sections 48, 55, 119, 159 and 160 of, and paragraphs 4, 10 and 14 of Schedule 11 to, the 1986 Act.
Transfer of functions
4
1
All those functions of the Secretary of State which are specified in paragraphs (2) and (3) of this article shall be transferred to SIB on 15th March 1990, in the case of those functions specified in paragraph (2), without limitation and, in the case of those functions specified in paragraph (3), subject to the limitations specified in the said paragraph (3).
2
The functions specified in this paragraph are —
a
all functions under section 63A of the 1986 Act;
b
all functions under section 128A of the 1986 Act.
3
The functions specified in this paragraph are —
a
all functions under section 47A of the 1986 Act except that the function of taking disciplinary action under that section is transferred only to the extent that the functions under the provisions referred to in section 47A(4) have been transferred to SIB;
b
all functions under section 63C of the 1986 Act insofar as those functions relate to:
i
statements of principle; and
ii
rules and regulations the function of making of which has been transferred to SIB;
c
all functions under section 128B(1) to (4) of the 1986 Act to the extent that such functions relate to functions of the Secretary of State under the 1986 Act which have been transferred to SIB;
d
all functions under section 128C of the 1986 Act except that:
i
the function of taking disciplinary action under that section is transferred only to the extent that the functions under the provisions referred to insection 128C(2) have been transferred to SIB; and
ii
the function of prescribing functions under section 128C(3)(c) is not transferred.
4
The references in paragraphs (2) and (3) of this article to the 1986 Act are to the 1986 Act as amended by those provisions of the 1989 Act brought into force by this Order.
5
Where any amendment made by Part I of Schedule 23 to the 1989 Act to the provisions contained in Chapters III to XI of Part I of the 1986 Act or to section 206 of the 1986 Act confers a new function on the Secretary of State or alters a function already conferred on him by the 1986 Act the new function or the function as altered, as the case may be, is hereby transferred to SIB.
6
Sections 204(2) and (3) of the 1989 Act shall have effect as if the references to the Secretary of State therein were to SIB and in relation to a recognised self-regulating organisation for friendly societies or transferee body the references to the Secretary of State in the said sections 204(2) and (3) (which by virtue of section 204(7) of the 1989 Act are to be construed as references to the Registrar (within the meaning of Schedule 11 to the 1986 Act)) shall have effect as if they were references to SIB.
5
1
All the functions of the Registrar (within the meaning of Schedule 11 to the 1986 Act) under paragraphs 13A, 22B and 22D of Schedule 11 to the 1986 Act (as amended by those provisions of the 1989 Act brought into force by this Order) are hereby transferred to SIB.
2
Where any amendment made by Part II of Schedule 23 to the 1989 Act to the provisions contained in paragraphs 2 to 25 and 38 of Schedule 11 to the 1986 Act confers a new function on the Registrar (within the meaning of Schedule 11 to the 1986 Act) or alters a function already conferred on him by the 1986 Act the new function or the function as altered, as the case may be, is hereby transferred to SIB.
Transitional provisions and savings
6
1
For a transitional period as mentioned in subsection (3) of section 203 of the 1989 Act beginning on 15th March 1990, a self-regulating organisation or professional body may elect whether to comply with the new requirement having effect by virtue of subsection
1
or (2) of that section or with the requirement which it replaces (“the equivalence test”).
2
For the transitional period referred to above: —
a
statements of principle, rules, regulations and codes of practice to which (in the case of a self-regulating organisation) its members or (in the case of a professional body) persons certified by it are subject under Chapter V of Part I of the 1986 Act (as amended by those provisions of the 1989 Act brought into force by this Order) shall be taken into account for the purposes of the equivalence test, so that —
i
in the case of a self-regulating organisation the requirement is for the rules of the organisation governing the carrying on of investment business of any kind by its members, together with any relevant statements of principle, rules, regulations or codes of practice as mentioned above, to afford investors protection at least equivalent to that afforded in respect of investment business of that kind by the statements of principle, rules, regulations and codes of practice for the time being in force under Chapter V of Part I of the 1986 Act (as amended by those provisions of the 1989 Act brought into force by this Order);
ii
in the case of a professional body the requirement is for the rules regulating the carrying on of investment business of any kind by persons certified by it, together with any relevant statements of principle, rules, regulations or codes of practice as mentioned above, to afford to investors protection at least equivalent to that afforded in respect of investment business of that kind by the statements of principle, rules, regulations and codes of practice for the time being in force under Chapter V of Part I of the 1986 Act (as amended by those provisions of the 1989 Act brought into force by this Order);
b
the amendments made to section 13 of the 1986 Act by paragraph 1 of Schedule 23 to the 1989 Act and the omission of paragraph 7 of Schedule 11 to the 1986 Act by paragraph 29 of Schedule 23 to the 1989 Act shall not have effect in any case where the equivalence test applies.
3
Any election under this article shall be notified in writing to SIB which shall send a copy of the notice to the Secretary of State and, where the election is made by a self-regulating organisation for friendly societies, to the Registrar (within the meaning of Schedule 11 to the 1986 Act); the Secretary of State shall send a copy of any notice received by him to the Director General of Fair Trading.
4
The amendments made to section 55 of the 1986 Act by paragraph 6 of Schedule 23 to the 1989 Act and to paragraph 19 of Schedule 11 to the 1986 Act by paragraph 34 of the said Schedule 23 and the related repeals under Schedule 24 to the 1989 Act shall not affect the validity or application of any regulations which have been made under the said section 55 or the said paragraph 19.
John Redwood
Parliamentary Under-Secretary of State
Department of Trade and Industry
26th February 1990


text:
PART I
THE TRAFFIC SIGNS (AMENDMENT) REGULATIONS 1990
1
These Regulations may be cited as the Traffic Signs (Amendment) Regulations 1990 and shall come into force on 13th April 1990.
2
The Traffic Signs Regulations 1981 shall be further amended in accordance with these Regulations.
3
In regulation 5 after paragraph (4) there shall be added–
5
Any reference in these Regulations to a numbered direction is a reference to the paragraph bearing that number in the Traffic Signs General Directions 1981 .
.
4
In regulation 25(2A) (use on road markings of reflecting material) for “diagram 1060” there shall be substituted “diagrams 1060, 1060.1, 1061 and 1061.1”.
5
In Part I of Schedule 1 (warning signs)–
a
in the indication below diagram 547.5 for the words from “constructed” to the end there shall be substituted “constructed and maintained in accordance with regulation 5(2) of the Highways (Road Humps) Regulations 1990 ”; and
b
after diagram 547.5 there shall be inserted diagram 547.6 and the indication below that diagram as set out in Schedule 1 to these Regulations.
6
In Schedule 2 (markings on the road)–
a
for diagram 1060 and the indication below that diagram there shall be substituted diagram 1060 and the indication below that diagram as set out in Schedule 2 to these Regulations; and
b
after diagram 1060 and the indication below that diagram as substituted by paragraph (a) there shall be added diagrams 1060.1, 1061 and 1061.1 and the indications below those diagrams as set out in Schedule 2 to these Regulations.
7
1
This regulation applies to any traffic sign placed on a road which immediately before the coming into force of these Regulations–
a
is the sign shown in diagram 1060 as prescribed by the Traffic Signs Regulations 1981 as amended by the Traffic Signs (Amendment) Regulations 1983 (“the 1981 Regulations as amended ”); and
b
complies with the 1981 Regulations as amended.
2
Any traffic sign referred to in paragraph (1), so long as it continues to comply with the 1981 Regulations as amended as though they had not been further amended by these Regulations, shall be treated as if prescribed by these Regulations, notwithstanding any provision of these Regulations to the contrary.
3
This regulation shall cease to have effect two years after the coming into force of these Regulations.


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Chester and Halton Community National Health Service Trust (Establishment) Order 1990 and shall come into force on 21st December 1990.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State has a function to provide under sections 3(1)(d) or (e) or 5(1)(a) and (1A) of, or Schedule 1 to, the National Health Service Act 1977 .
“establishment date” means 21st December 1990;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Chester and Halton Community National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Chester and Halton Community National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to manage community health services from Victoria House, The Holloway, Runcorn, Cheshire WA7 4TH and to own the premises there from which those services are to be provided and any associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1991.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date in order to enable it to begin to operate satisfactorily from the operational date the trust shall have the limited functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary for the said purpose.
Assistance by health authorities before operational date
7
1
The Halton 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 Halton 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 Halton Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Virginia Bottomley
Minister of State,
Department of Health
4th December 1990


text:
Citation and commencement
1
These Regulations may be cited as the Health and Safety (Training for Employment) Regulations 1990, and shall come into force on 8th August 1990.
Interpretation
2
In these Regulations, unless the context otherwise requires —
“the 1974 Act” means the Health and Safety at Work etc. Act 1974;
“educational establishment” means a university, polytechnic, college, school or similar educational or technical institute;
“relevant training” means work experience provided pursuant to a training course or programme, or training for employment, or both, except if —
the immediate provider of the work experience or training for employment is an educational establishment and it is provided on a course run by the establishment; or
received under a contract of employment.
Meaning of “work” and “at work”
3
For the purposes of Part I of the 1974 Act —
a
the meaning of the word “work” shall be extended to include relevant training;
b
a person provided with relevant training is at work throughout the time when he would be in the course of his employment if he were receiving such training under a contract of employment, but not otherwise, and the meaning of “at work” shall be so extended;
and in that connection, in the other relevant statutory provisions, “work” and “at work” shall be construed accordingly.
Meaning of “employee”, “employer” etc.
4
For the purposes of the relevant statutory provisions a person provided with relevant training shall be treated as being the employee of the person whose undertaking (whether carried on by him for profit or not) is for the time being the immediate provider to that person of the training; and “employee”, “worker”, “employer” and related expressions in those provisions shall be construed accordingly.
Revocation
5
The Health and Safety (Training for Employment) Regulations 1988 and the Health and Safety (Training for Employment) (Amendment) Regulations 1989 are hereby revoked.
Signed by order of the Secretary of State.
Patrick Nicholls
Parliamentary Under Secretary of State,
Department of Employment
3rd July 1990


text:
1
This Order may be cited as the Finance Act 1985 (Interest on Tax) (Prescribed Rate) (No. 2) Order 1990 and shall come into force on 6th November 1990.
2
For the purposes of subsections (1), (3) and (6) of section 18 of the Finance Act 1985 the prescribed rate shall be 12.25 per cent.
Irvine Patnick
Gregory Knight
Two of the Lords Commissioners of Her Majesty’s Treasury
24th October 1990


text:
1
For the purpose of connecting the trunk road with another highway, so as to effect a junction at the place stated in the Schedule to this Order, the Secretary of State is authorised to construct a new highway along the route described in that Schedule. That new highway shall become a trunk road as from the date when this Order comes into force.
2
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
3
In this Order —
i
“the deposited plan”
means the plan folio numbered HA10/2E/262, marked “The A604 Catthorpe — Harwich Trunk Road (Catthorpe to Rothwell Section and Slip Roads) Supplementary Order 1990”, containing one map, signed by authority of the Secretary of State and deposited at the Department of Trans-port, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the trunk road”
means the trunk road to be provided in pursuance of article 1(a) of the A604 Catthorpe — Harwich Trunk Road (Catthorpe to Rothwell Section and Slip Roads) Order 1987 ;
iii
“the new trunk road”
means the new highway mentioned in article 1 of this Order.
4
This Order shall come into force on 24th January 1991 and may be cited as the A604 Catthorpe — Harwich Trunk Road (Catthorpe to Rothwell Section and Slip Roads) Supplementary Order 1990.
Signed by authority of the Secretary of State for Transport
D. J. Morrison
Regional Director East Midlands Region
Department of Transport
5th December 1990


text:
1
This Order may be cited as the Housing (Right to Buy) (Priority of Charges) (No. 2) Order 1990 and shall come into force on 20th December 1990.
2
The following bodies are hereby specified as approved lending institutions for the purposes of section 156 of the Housing Act 1985:
a
Capital Home Loans Limited
b
Paribas Lombard Mortgages Limited
c
Mortgage Funding Corporation PLC.
Chris Patten
Secretary of State for the Environment
23rd November 1990
David Hunt
Secretary of State for Wales
23rd November 1990
We consent,
Thomas Sackville
Gregory Knight
Two of the Lords Commissioners of Her Majesty’s Treasury
29th November 1990


text:
1
This Order may be cited as the Housing (Right to Buy) (Prescribed Forms) (Amendment) Regulations 1990 and shall come into force on the 1st March 1990.
2
The form set out in Schedule 2 to the Housing (Right to Buy) (Prescribed Forms) Regulations 1986 is amended as follows–
a
in Part A–
i
after “admitted” in the second place where that word occurs insert “(but if Part C below is completed you will not have the right to buy the property if the landlord’s application referred to there is successful)”; and
ii
in the note to tenant before “required” insert “(unless Part C below is completed)”;
b
in the note to tenant at the end of Part B, omit “by the Housing and Planning Act 1986”; and
c
after Part B insert–
Part C: Elderly persons dwellings — notice of landlord’s application to Secretary of State
The landlord made an application to the Secretary of State on [date] to have your property excluded from the right to buy on the ground that it–
a
was first let before 1st January 1990;
b
is particularly suitable, having regard to its location, size, design, heating system and other features, for occupation by persons of pensionable age; and
c
was let to you (or someone to whom you are a successor tenant) for occupation by a person of pensionable age.
You will receive a letter from the Secretary of State asking you to comment on the landlord’s application. If, after considering any comments from you or the landlord, the Secretary of State refuses the landlord’s application, you may go ahead with your purchase (unless the landlord has correctly denied your right to buy for some other reason stated in Part B above). If the Secretary of State agrees to the landlord’s application, you will not have the right to buy the property.
.
3
Nothing in these Regulations shall affect the validity of a notice served under section 124(1) of the Housing Act 1985 before 1st June 1990 if the notice was in the form originally prescribed by the Regulations mentioned in regulation 2 and no application for a determination under paragraph 11 of Schedule 5 to that Act is made.
Chris Patten
Secretary of State for the Environment
7th February 1990
Signed by authority of the Secretary of State for Wales
Ian Grist
Parliamentary Under-Secretary of State, Welsh Office
7th February 1990


text:
Citation and commencement
1
These Regulations may be cited as the Personal Community Charge (Qualifying Courses of Education) Regulations 1990 and shall come into force on 1st April 1990.
Interpretation
2
1
In these Regulations —
“relevant activities” with respect to a course means the receipt of tuition, the undertaking of supervised study or examination, and the taking part (as part of the curriculum of the course) in any supervised exercise, experiment, project or practical work;
“relevant course” means a course of education —
which subsists for more than 3 calendar months,
which is not a course of higher education,
with respect to which tuition is principally received otherwise than through correspondence, and
with respect to which the relevant activities are (insofar as they are normally carried out under the course at particular times) normally so carried out principally between 8.00 am and 5.30 pm; and
“the relevant number of hours per week” in relation to a relevant course means the average number of hours per week a person undertaking it would normally require to spend, in the period during which the course subsists, on relevant activities (excluding for the purpose of calculating that average any part of that period which is a period of vacation).
2
In paragraph (1) “course of higher education” means a course of any description mentioned in Schedule 6 to the Education Reform Act 1988 , or a course which would be such a course if —
a
a course for the Higher National Diploma or Higher National Certificate of the Scottish Vocational Education Council were included within the description of courses in paragraph 1(e) of that Schedule,
b
the reference in paragraph 2 of that Schedule to examinations at advanced level for the General Certificate of Education or the examination for the National Certificate or the National Diploma of the Business and Technician Education Council included a reference to examinations at the higher grade of the Scottish Certificate of Education or the assessment for the National Certificate of the Scottish Vocational Education Council, and
c
the reference in paragraph 3 of that Schedule to examinations included a reference to the examinations and assessment mentioned in sub-paragraph (b) above.
3
A person is to be treated as undertaking a relevant course on a day for the purposes of these Regulations if —
a
the day falls in the period beginning with the day (“the first day”) on which he begins the course and ending with the day (“the last day”) on which he completes it, abandons it or is dismissed from it (which such period includes any period of vacation between academic terms which falls between the first day and the last day), and
b
he is not undertaking it pursuant to arrangements made under section 2 of the Employment and Training Act 1973 and known by any of the names specified in the Schedule.
Persons undertaking qualifying courses of education
3
1
The condition mentioned in paragraph (2) is prescribed for the purposes of section 30(1A) of the Local Government Finance Act 1988 (so that a person is to be treated as undertaking a qualifying course of education on a particular day for the purposes ofPart I of that Act if, and only if, he fulfils that condition).
2
The condition is that the person is undertaking on the day a relevant course with an educational establishment and —
a
the relevant number of hours per week for that course exceeds 12, or
b
where the course is a course falling within paragraph (3) and he is undertaking with the same establishment on the day another relevant course (or other relevant courses) falling within that paragraph, the aggregate of the relevant number of hours per week for all those courses exceeds 12.
3
A course falls within this paragraph if it is not undertaken in consequence of an office or employment held by the person.
Information from certification officers
4
1
The registration officer for a charging authority may, for the purposes of carrying out his functions under Part I of the Local Government Finance Act 1988, request (by notice given in writing) a certification officer to supply to him such information as is mentioned in paragraph (2).
2
The information is information whether, on any day specified in the request (being a day not later than the day on which the request is made), any person so specified is undertaking a qualifying course of education.
3
Information requested under paragraph (1) shall be supplied by the certification officer if it is in his possession or control, and shall be so supplied within 21 days of the day on which the request is made.
4
For the purposes of this regulation —
a
a certification officer is an individual who is a certification officer by virtue of regulation 4 of the Personal Community Charge (Students) Regulations 1989 ; and
b
a person undertakes a qualifying course of education at any time if he is to be treated as doing so by virtue of regulation 3 above.
Signed by authority of the Secretary of State for the Environment
David Hunt
Minister for Local Government and Inner Cities,
Department of the Environment
22nd March 1990
Peter Walker
Secretary of State for Wales
22nd March 1990


text:
1
These Regulations may be cited as the Road Transport (International Passenger Services) (Amendment) Regulations 1990 and shall come into force on 1st July 1990.
2
1
The Road Transport (International Passenger Services) Regulations 1984 shall be amended in accordance with the following provisions of this regulation: —
2
In regulation 14: —
a
after paragraph (2) there shall be inserted the following paragraph: —
2A
An application for a certified copy of any such authorisation as is referred to in paragraph (1) or (2) above shall be made to the Secretary of State and the applicant shall pay a fee of £10 in respect of each such copy.
;
b
in paragraph (3) for “£125” there shall be substituted “£140” and
c
in paragraph (4) for “£25” there shall be substituted “£30”.
Signed by authority of the Secretary of State for Transport
Robert Atkins
Parliamentary Under Secretary of State
Department of Transport
12th May 1990
We consent to the making of these Regulations
David Lightbown
Thomas Sackville
Two of the Lords Commissioners of Her Majesty’s Treasury
16th May 1990


text:
PART I
GENERAL
Citation and commencement
1
These Regulations may be cited as the Local Government (Committees and Political Groups) Regulations 1990 and shall come into force on 1st August 1990.
Interpretation
2
In these Regulations —
“the 1972 Act ” means the Local Government Act 1972 ;
“the 1989 Act ” means the Local Government and Housing Act 1989;
“authority”, except in Part II and as provided in regulations 6(2) and 18, means a relevant authority as defined in relation to England and Wales in paragraph 4(1) of Schedule 1 to the 1989 Act; and
“financial year” means the period of twelve months ending on 31st March.
PART II
VOTING RIGHTS OF MEMBERS
Interpretation of Part II
3
In this Part references to an authority are references to a relevant authority within the meaning of section 13(9) of the 1989 Act other than a parish or community council.
Prescribed functions of authorities where all members of committees discharging those functions may have voting rights
4
1
The following functions are prescribed for the purposes of section 13(4)(g) of the 1989 Act —
a
the management of land owned or occupied by the authority, other than houses within the meaning of section 56 of the Housing Act 1985 which are provided under Part II of that Act;
b
in the case of a local housing authority as defined in section 1 of the Housing Act 1985, its functions under section 21 to 26 of that Act in so far as they relate to not more that 1,500 houses, or one quarter of the total number of houses which are provided by the authority under Part II of that Act, whichever is less;
c
in the case of a harbour authority as defined in section 57(1) of the Harbours Act 1964 , its functions as such;
d
any function under section 144 of the 1972 Act or section 33 of the 1989 Act relating to the promotion of tourism;
e
any function under section 145 of the 1972 Act relating to the management of a festival;
f
in the case of a London borough council or the Common Council of the City of London in its capacity as a local authority, police authority or port health authority, the training of staff for the purposes of discharging any function under the Local Authority Social Services Act 1970 ;
g
in the case of a metropolitan district council, any function under regulations made by virtue of section 7 of the Superannuation Act 1972 ; and
h
in the case of a county council, any function under the Highways Act 1980 or the Local Authority Social Services Act 1970 to the extent that it is discharged by a committee the members of which consist solely of members of that council and of members of any district council within its area.
2
There is prescribed for the purposes of section 13(4)(g) of the 1989 Act in relation to an authority in Wales which is a local education authority as defined in section 114 of the Education Act 1944 , any functions with respect to education to the extent that they are discharged jointly by all such local education authorities.
3
For the purposes of paragraph (1)(a) and (e) “management” does not include the determination of the total amount of money which may be expended in any financial year by the authority in respect of the land or festival, as the case may be; and in so far as the functions referred to in paragraph (1)(b) include the managment of houses, they shall be taken to exclude the making of any such determination.
Sub-committees where persons may have voting rights
5
1
For the purposes of section 13(3)(b) of the 1989 Act the following cases are prescribed —
a
a person appointed to a sub-committee of a committee which is appointed exclusively to discharge any of the functions mentioned in regulation 4;
b
a person appointed to a sub-committee of a National Parks Committee;
c
a person appointed to a sub-committee prescribed in paragraph (2); and
d
without prejudice to sub-paragraph (b), a person appointed to a sub-committee of a committee falling within section 13(4) of the 1989 Act who is a member of the authority which appointed the committee.
2
For the purposes of section 13(4)(h) of the 1989 Act the following sub-committees are prescribed —
a
a sub-committee appointed by a social services committee under section 4(2) of the Local Authority Social Services Act 1970 and a joint sub-committee appointed under section 4(3) of that Act which is appointed solely to advise that committee or another sub-committee of that committee;
b
a sub-committee appointed by an education committee, as defined in paragraph 4(1) of Schedule 1 to the 1989 Act, where either —
i
no non-voting member of the education committee is appointed as a voting member of the sub-committee; or
ii
the sub-committee is appointed solely to advise that committee or another sub-committee of that committee;
c
a sub-committee appointed exclusively to discharge any function mentioned in regulation 4(1);
d
the sub-committee referred to in section 25(1) of the Plymouth City Council Act 1987 ; and
e
without prejudice to regulation 4(1)(a) or sub-paragraph (c) above, in so far as it relates to the management of land under regulation 4(1)(a), the sub-committee established —
i
pursuant to an agreement dated 13th February 1905 between the Mayor, Aldermen and Burgesses of the Borough of Hastings and George Godfrey Gray, Arthur Henry Lucy and William Vandeleur Crake relating to the management of the Hastings and Saint Leonards Museum;
ii
pursuant to an agreement dated 30th December 1960 between the Yorkshire Philosophical Society and the Corporation of the City of York relating to the management of the Yorkshire Museum and Gardens; and
iii
as provided in an agreement dated 21st April 1975 between South Lakeland District Council, Windermere Parish Council and Lakes Parish Council relating to Lake Windermere.
PART III
POLITICAL BALANCE AND POLITICAL ASSISTANTS
Interpretation of Part III
6
1
Unless otherwise stated, regulations 7 to 13 and 15 apply for the purposes of sections 9, 15 and 16 of the 1989 Act.
2
In the application of regulations 7 to 13 and 15 for the purposes of section 9 of the 1989 Act, “authority” means a relevant authority as defined in section 9(11) in relation to England and Wales.
Political groups
7
The members of an authority are to be treated as divided into different political groups when there is at least one political group in existence constituted in accordance with regulation 8.
Constitution of political groups
8
1
A political group shall be treated as constituted when there is delivered to the proper officer a notice in writing which —
a
is signed by two or more members of the authority who wish to be treated as a political group; and
b
complies with the provisions of paragraph (3).
2
A political group shall cease to be constituted if the number of persons who are to be treated as members of that group is less that two.
3
A notice under paragraph (1) shall state —
a
that the members of the authority who have signed it wish to be treated as a political group;
b
the name of the group; and
c
the name of one member of the group who has signed the notice and who is to act as its leader.
4
A notice under paragraph (1) may specify the name of one other member of the group who has signed the notice and who is authorised to act in the place of the leader when he is unable to act (“the deputy leader”).
5
The name of the group or the name of the person who is the leader or deputy leader may be changed by a further notice in writing delivered to the proper officer and signed —
a
in the case of a change in the name of the group or the deputy leader, by the leader of the group or a majority of the members of the group;
b
in the case of a change of the leader of the group, by a majority of the members of the group.
Membership of political groups
9
Subject to regulations 11 and 12, a member of the authority is to be treated as a member of a political group if —
a
he has signed a notice in accordance with regulation 8; or
b
he has delivered to the proper officer a notice in writing which is signed by him and by the leader or deputy leader of the group or by a majority of the members of the group, stating that he wishes to join the group.
Cessation of membership
10
A person is to be treated as having ceased to be a member of a political group when —
a
he has ceased to be a member of the authority;
b
he has notified the proper officer in writing that he no longer wishes to be treated as a member of the group;
c
there is delivered to the proper officer a notice under regulation 8 or 9(b) signed by the person whereby a new political group is constituted or he joins another political group; or
d
there is delivered to the proper officer a notice in writing signed by the majority of the members of the group stating that they no longer wish him to be treated as a member of it.
Restriction on membership
11
No person shall be treated as a member of more than one political group at any given time and, accordingly, if a person changes the political group of which he is a member by a notice under regulation 8 or 9 he shall from the date of delivery of that notice be treated —
a
in the case of a notice under regulation 8, as a member only of the new political group which is constituted in accordance with that regulation; and
b
in the case of a notice under regulation 9(b), as a member only of the group named in the notice.
Same political group
12
The members of two or more political groups constituted in accordance with regulation 8 shall be treated as members of the same political group for the purposes of applying the provisions in section 9 and the principle in section 15(5)(a) of the 1989 Act where more than half of the members of one of those political groups are described in the papers by which they are nominated for election, as belonging to a political group which is described in substantially the same terms in the nomination papers of more than half of the members of another political group.
Wishes of political groups
13
1
The wishes of a political group are to be taken as those expressed to the proper officer —
a
orally or in writing by the leader or deputy leader of the group; or
b
in a written statement signed by a majority of the members of the group.
2
In the event that different wishes of a political group are notified in accordance with paragraph (1), the wishes notified in accordance with paragraph (1)(b) shall prevail.
Notifications
14
For the purpose of enabling a political group to express its wishes in accordance with section 16 of the 1989 Act, the proper officer shall notify in writing the leader or, in his absence, the deputy leader of a political group as soon as praticable after —
a
the allocation by the authority or committee to that group of a seat on a body to which section 15 of the 1989 Act applies; or
b
the vacation of a seat on such a body allocated by the authority or committee to that group.
Appointments where political group fails to express wishes
15
Where a political group has failed to express its wishes in relation to the appointment to such a seat as is mentioned in regulation 14 within the period of three weeks beginning with the date on which notice was given under that regulation, the authority or committee may make such appointment to that seat as they think fit.
Modification of sections 15 and 16 of the 1989 Act
16
1
In relation to any such case as is described in paragraph 3(2) of Schedule 1 to the 1989 Act, the provisions of sections 15 and 16 of the 1989 Act shall be modified as mentioned in paragraphs (2) and (3).
2
Section 15(3) of the 1989 Act shall have effect as if for the words from “to determine” to the end there were substituted the words “to determine the allocation to each of those groups of such of the seats which fall to be filled by appointments made from time to time by that authority or committee as bear to the total of all of those seats the same proportion as is borne by the number of members of that group to the membership of the authority.”.
3
Section 16 of the 1989 Act shall have effect as if, after subsection (2), there were inserted the following subsection —
2A
Where appointments fall to be made to seats on a body to which section 15 applies otherwise than in accordance with a determination under that section, it shall be the duty of the authority or the committee, as the case may be, so to exercise their power to make appointments as to secure that the persons appointed to those seats are not members of any political group.
.
PART IV
REVIEWS AND ALLOCATIONS OF SEATS
Review of allocation of seats to political groups
17
The duty under section 15 to review the representation of different political groups shall be performed at the following times which are prescribed for the purposes of section 15(1)(e) —
a
at, or as soon as practicable after, the first meeting of the authority after 31st May in each financial year commencing with the financial year beginning 1st April 1991, where —
i
the authority does not hold annual meetings in accordance with paragraph 1 of Schedule 12 to the 1972 Act (annual meetings of principal councils); and
ii
the members of the authority are divided into different political groups at the time of that meeting;
b
as soon as practicable after there is delivered to the proper officer a notice under regulation 8, where such delivery is more than one month after the last review carried out in accordance with section 15(1)(b) of the 1989 Act or, as the case may be, paragraph (a) above;
c
as soon as practicable after there is delivered to the proper officer a notice under paragraph (b) of regulation 9 which —
i
is accompanied by a further notice signed as mentioned in that paragraph and requesting a review under section 15 of the 1989 Act; and
ii
is received by him more than one month after the last such review;
d
as soon as practicable after there is delivered to the proper officer a notice under regulation 9(b) which is accompanied by such a notice as is mentioned in paragraph (c)(i) and each such notice —
i
is signed by a member elected to the authority pursuant to section 89 of the 1972 Act ; and
ii
is received by the proper officer not more than one month after the date of the member’s election.
Reviews — political assistants
18
Where a relevant authority as defined in section 9(11) of the 1989 Act in relation to England and Wales makes an appointment to a post for the purposes of section 9 of the 1989 Act the authority shall from time to time review allocations made for the purposes of that section.
Exceptions to requirements for committees to review arrangements for allocations of seats
19
For the purposes of section 15(2) of the 1989 Act the following cases are prescribed as cases where a committee of an authority shall not be under a duty to review the representation of different political groups on bodies to which the section applies to which it has power from time to time to make appointments —
a
where the committee has undertaken such a review in relation to that body following the date of the last meeting of the authority of which it is a committee; and for this purpose an extraordinary meeting, within the meaning of paragraph 3 of Part 1 of Schedule 12 to the 1972 Act, of an authority to which that Part applies shall not be treated as a meeting of that authority;
b
where the committee may only make the appointment by virtue of arrangements made under section 101 of the 1972 Act and the authority of which it is a committee is not required to undertake a review;
c
where the committee was established exclusively to discharge functions of the authority or to advise the authority or another committee of the authority in respect of any part of the area of the authority, and —
i
the authority is a county, district or London borough council; and
ii
the voting members of the committee consist solely of persons who are elected for electoral divisions or wards which are wholly or partly within that part; and
iii
the area of that part does not exceed two-fifths of the total area of the authority; or
iv
the population of that part, as estimated by the authority, does not exceed two-fifths of the total population of the area of the authority as so estimated.
Procedure for alternative arrangements for review
20
1
For the purposes of section 17(1) of the 1989 Act alternative arrangements for appointments to a body shall be approved in the manner prescribed in paragraph (2).
2
Notice of the proposal to adopt such arrangements shall be given to each member of the authority or committee, as the case may be, in accordance with the provisions of paragraph 4(2)(b) and (3) of Part I of Schedule 12 to the 1972 Act as if that notice were a summons to attend a meeting of a principal council within the meaning of section 270 of that Act and as if the authority or committee were such a council.
3
It shall be sufficient compliance with paragraph (2) if an agenda indicating that the approval of alternative arrangements for appointments is to be considered by the authority or committee is sent to every member of the authority or committee, as the case may be.
4
Any appointment made by an authority or committee in accordance with alternative arrangements shall not be invalidated by reason only that a member has not received such notice or agenda as is mentioned in paragraph (2) or (3).
PART V
POLITICAL BALANCE FOR SUB-COMMITTEES OTHER THAN ORDINARY SUB-COMMITTEES
Representation of political groups on sub-committees which are not ordinary sub-committees
21
For the purposes of securing the appropriate representation of different political groups on a sub-committee falling within section 17(4) of the 1989 Act, the provisions of sections 15 to 17 of the 1989 Act shall, subject to regulation 22, apply to a body described in paragraph (2)(1)(h) of Schedule 1 to that Act as if the body were a relevant authority for the purposes of those provisions; and Part III of these Regulations and regulation 20 shall apply accordingly.
Arrangements for review by joint committees
22
1
Where a joint committee has power to make appointments to a sub-committee falling within section 17(4) of the 1989 Act it shall not be under a duty to review the representation of different political groups on that sub-committee at the times mentioned in section 15(1) of the 1989 Act but shall carry out such a review —
a
as soon as practicable after its members are divided into different political groups; and
b
as soon as practicable after any change in its membership pursuant to a review under section 15(1) of the 1989 Act.
2
In paragraph (1) “joint committee” means a body described in paragraph 2(1)(h) of Schedule 1 to the 1989 Act.
Chris Patten
Secretary of State for the Environment
27th July 1990
David Hunt
Secretary of State for Wales
26th July 1990


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Walsall Hospitals National Health Service Trust (Establishment) Order 1990 and shall come into force on 21st December 1990.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 21st December 1990;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Walsall Hospitals National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Walsall Hospitals National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to own and manage hospital accommodation and services at the Manor Hospital, Moat Road, Walsall WS2 9PS and associated hospitals.
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1 April 1991.
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 in order to enable it to begin to operate satisfactorily from the operational date the trust shall have the limited functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary for the said purpose.
Assistance by health authorities before operational date
7
1
The Walsall 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 Walsall 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 Walsall Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Stephen Dorrell
Parliamentary Under-Secretary of State,
Department of Health
4th December 1990


text:
Citation and commencement
1
1
This Order may be cited as the Local Authorities (Discretionary Expenditure Limits) Order 1990 and shall come into force on 1st April 1990.
Appropriate sum for calculating limit on discretionary expenditure
2
For the purposes of section 137(4)(a) of the Local Government Act 1972 , the sum appropriate to a local authority which is a constituent council for the purposes of a scheme under section 48 of the Local Government Act 1985 (grants to voluntary organisations) is £475.
Signed by authority of the Secretary of State
David Hunt
Minister of State,
Department of the Environment
8th March 1990


text:
1
These Regulations may be cited as the Civil Aviation (Joint Financing) (Second Amendment) Regulations 1990 and shall come into force on 1st January 1991.
2
Regulation 4(1) of the Civil Aviation (Joint Financing) Regulations 1988 shall be amended by substituting respectively for the sums £25.23, £6.96 and £18.27 the sums £25.45, £7.48 and £17.97.
Signed by authority of the Secretary of State for Transport
Patrick McLoughlin
Parliamentary Under Secretary of State,
Department of Transport
3rd December 1990
We consent to the making of these Regulations.
John Major
Norman Lamont
Two of the Lords Commissioners of Her Majesty’s Treasury
10th December 1990


text:
1
This Order may be cited as the Housing (Extension of Right to Buy) Order 1990 and shall come into force on the 1st March 1990.
2
Part V of the Housing Act 1985 (the right to buy) as it applies in the circumstances described in article 3 of the Housing (Extension of Right to Buy) Order 1987 (cases in which right to buy is extended) has effect with the further modifications specified in the Schedule to this Order.
3
1
The modifications specified in the Schedule to this Order do not apply in a case where the tenant’s notice claiming to exercise the right to buy was served before this Order comes into force.
2
For the purposes of paragraph (1), no account shall be taken of any steps taken under section 177 of the Housing Act 1985 (errors and omissions in notices).
Chris Patten
Secretary of State for the Environment
7th February 1990
Signed by authority of the Secretary of State for Wales
Ian Grist
Parliamentary Under-Secretary of State, Welsh Office
7th February 1990


text:
Citation and commencement
1
This Order may be cited as the Pensions Increase (Review) Order 1990 and shall come into force on 9th April 1990.
Interpretation
2
1
In this Order —
“the 1971 Act ” means the Pensions (Increase) Act 1971 ;
“the 1974 Act ” means the Pensions (Increase) Act 1974 ;
“the 1975 Act ” means the Social Security Pensions Act 1975;
“basic rate” has the meaning given by section 17(1) of the 1971 Act as amended by section 1(3) of the 1974 Act;
“the existing Orders ” means the Pensions Increase (Annual Review) Order 1972 , the Pensions Increase (Annual Review) Order 1973 , the Pensions Increase (Annual Review) Order 1974 , the Pensions Increase (Annual Review) Order 1975 ,the Pensions Increase (Annual Review) Order 1976 , the Pensions Increase (Annual Review) Order 1977 , the Pensions Increase (Annual Review) Order 1978 , the Pensions Increase (Review) Order 1979 , the Pensions Increase (Review) Order 1980 , the Pensions Increase (Review) Order 1981 , the Pensions Increase (Review) Order 1982 , the Pensions Increase (Review) Order 1983 , the Pensions Increase (Review) Order 1984 , the Pensions Increase (Review) Order 1985 , the Pensions Increase (Review) Order 1986 , the Pensions Increase (Review) Order 1987 , the Pensions Increase (Review) Order 1988 and the Pensions Increase (Review) Order 1989 ;
“official pension” has the meaning given by section 5(1) of the 1971Act;
“pension authority” has the meaning given by section 7(1) of the 1971 Act;
“qualifying condition” means one of the conditions laid down in section 3 of the 1971 Act as amended by section 3(2) and (3) of the 1974 Act;
“widow’s pension” means a pension payable in respect of the services of the pensioner’s deceased husband.
2
For the purposes of this Order the time when a pension “begins” is that stated in section 8(2) of the 1971 Act, and the “beginning date” shall be construed accordingly.
3
Where, for the purposes of this Order, it is necessary to calculate the number of complete months in any period an incomplete month shall be treated as a complete month if it consists of at least 16 days.
Pension increases
3
The annual rate of an official pension may, if a qualifying condition is satisfied or the pension is a widow’s pension, be increased by the pension authority in respect of any period beginning on or after 9th April 1990 as follows —
1
a pension beginning before 10th April 1989 may be increased by 7.6 per cent of the basic rate as increased by the amount of any increase under section 1 of the 1971 Act or the existing Orders;
2
a pension beginning on or after 10th April 1989 and before 9th April 1990 may be increased by 7.6 per cent multiplied by AB
a
A is the number of complete months in the period between the beginning date of the pension and 9th April 1990, and
b
B is 12.
Increases in certain lump sums
4
In respect of any lump sum or instalment of a lump sum which became payable before 9th April 1990 but on or after 10th April 1989 there may be paid an increase of7.6 per cent of the amount of the lump sum or instalment (as increased by the amount under section 1 of the 1971 Act or under the existing Orders) multiplied by AB
a
A is the number of complete months in the period between the beginning date for the lump sum or, if later, 10th April 1989 and the date on which it became payable; and
b
B is 12.
Reductions in respect of guaranteed minimum pensions
5
The amount by reference to which any increase in the rate of an official pension provided for by this Order is to be calculated shall, in the case of a person —
a
who is entitled to a guaranteed minimum pension on 9th April 1990, and
b
whose entitlement to that guaranteed minimum pension arises from an employment from which (either directly or by virtue of the payment of a transfer credit) entitlement to the official pension also arises, be reduced by an amount equal to the rate of the guaranteed minimum pension unless the Treasury shall, in accordance with the provisions of section 59A of the 1975 Act, otherwise direct.
Stephen Dorrell
John M. Taylor
Two of the Lords Commissioners of Her Majesty’s Treasury
5th March 1990


text:
Citation, commencement and interpretation
1
1
This Order, which may be cited as the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1990, shall come into force for the purposes of this article and article 4 on 1st April 1990 and for all other purposes on 9th April 1990.
2
In this Order, the expression “the principal Order ” means the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 .
Amendment of article 18 of the principal Order
2
In article 18 of the principal Order (unemployability allowances) in paragraph (2) for the amount “£1,482” there shall be substituted the amount “£1,820”.
Amendment of Schedules to the principal Order
3
1
In Schedule 1 to the principal Order (rates of pension and other grants payable in respect of disablement)–
a
for Tables 1 and 3 of Part II there shall respectively be substituted the Tables set out in Schedules 1 and 2 hereto;
b
for Tables 1 and 2 of Part III there shall respectively be substituted the Tables set out in Schedules 3 and 4 hereto;
c
for Part IV there shall be substituted the Part set out in Schedule 5 hereto.
2
In Schedule 2 to the principal Order (rates of pension and other grants payable in respect of death)–
a
for Table 1A of Part II there shall be substituted the Table set out in Schedule 6 hereto;
b
for the amount “£2,954” in the second column of Table 1B of Part II there shall be substituted the amount “£3,178”;
c
for the amounts “£56.65” and “£13.08” in the second and third columns of Table 3 of Part II there shall respectively be substituted the amounts “£60.95” and “£14.07”;
d
for Table 5 of Part II there shall be substituted the Table set out in Schedule 7 hereto;
e
for Part III there shall be substituted the Part set out in Schedule 8 hereto.
Amendment of Schedule 4 to the principal Order
4
In Part II of Schedule 4 to the principal Order, in column (3) of item 45 (meaning of the expression “public funds”) after paragraph (cc) there shall be inserted the following paragraph:
ccc
moneys provided under the Local Government Finance Act 1988 ; or
G. I. de Deney
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the European Communities (Designation) Order 1990 and shall come into force on 12th April 1990.
Designation
2
For the purposes of section 2(2) of the European Communities Act 1972 the Secretary of State is hereby designated in relation to the transfer of contracts of life assurance from one insurance undertaking to another and in relation to anything supplemental or incidental to that matter.
G.I. de Deney
Clerk of the Privy Council


text:
1
This Order may be cited as the Value Added Tax (Cars) (Amendment) Order 1990 and shall come into force on 19th March 1990.
2
Article 6 of the Value Added Tax (Cars) Order 1980 shall be amended by the addition of the following paragraphs —
3
Where a car dealer has failed to keep all such records and accounts as the Commissioners have specified, and the Commissioners do not recognise other records and accounts kept as sufficient, tax shall be chargeable as provided in paragraph (4) below if the following conditions are satisfied —
a
such records as the Commissioners have specified are available in relation to the acquisition of the motor car or in relation to the supply of the motor car by him;
b
the Commissioners are of the opinion that the mark-up achieved by him does not exceed 100 per cent., and;
c
the supply is otherwise eligible for the relief afforded by this article.
4
The tax chargeable in the circumstances referred to in paragraph (3) above shall be either —
a
where only the specified records in relation to the acquisition are available, as if the supply by the car dealer were for a consideration equal to the consideration for which the motor car was acquired by him; or
b
where only the specified records in relation to the supply by him are available, as if the supply by the car dealer were for a consideration equal to half the consideration for which the motor car was supplied by him.
John Taylor
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
20th February 1990