text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Children (Private Arrangements for Fostering) Regulations 1991 and shall come into force on 14th October 1991.
2
In these Regulations, unless the context otherwise requires —
a
“ the Act ” means the Children Act 1989;
b
“address” includes a temporary address;
c
any reference to a numbered regulation is to the regulation in these Regulations bearing that number and any reference in a regulation to a numbered paragraph is to the paragraph of that regulation bearing that number.
General welfare of children
2
1
In carrying out functions under section 67 of the Act, as to the welfare of children who are privately fostered within their area, a local authority (including any officer of the authority making a visit under regulation 3) shall satisfy themselves as to such of the matters specified in paragraph (2) as are relevant in the particular circumstances.
2
The matters referred to in paragraph (1) are —
a
the purpose and intended duration of the fostering arrangement;
b
the child’s physical, intellectual, emotional, social and behaviourial develop ment;
c
whether the child’s needs arising from his religious persuasion, racial origin and cultural and linguistic background are being met;
d
the financial arrangements for the care and maintenance of the child;
e
the suitability of the accommodation;
f
the arrangements for the child’s medical and dental care and treatment and, in particular, that the child is included on the list of a general medical practitioner who provides general medical services under Part II of the National Health Service Act 1977
g
the arrangements for the child’s education and, in particular, that the local education authority have been informed of the fostering arrangement;
h
the standard of care which the child is being given;
i
the suitability of the foster parent to look after the child and the suitability of the foster parent’s household;
j
whether the foster parent is being given any necessary advice;
k
whether the contact between the child and his parents, or any other person with whom contact has been arranged, is satisfactory;
l
whether the child’s parents, or any other person, are exercising parental responsibility for the child; and
m
the ascertainable wishes and feelings of the child regarding the fostering arrangements.
Visits to children
3
1
A local authority shall make arrangements for each child who is privately fostered within their area to be visited by an officer of the authority from time to time as the authority consider necessary in order to safeguard and promote the welfare of the child and when reasonably requested by the child or foster parent and in particular —
a
in the first year of the fostering arrangement, within one week from its beginning and then at intervals of not more than six weeks;
b
in any second or subsequent year, at intervals of not more than three months.
2
For the purpose of making visits under this regulation the officer shall, if he considers it appropriate, arrange to see the child alone.
3
The officer shall make a written report to the local authority after each visit.
Notifications by prospective and actual foster parents
4
1
Any person who proposes to foster privately a child for whom he is not already caring and providing accommodation shall notify the appropriate local authority not less than six, nor more than thirteen, weeks before he receives the child, unless he receives him in an emergency.
2
A person who is privately fostering a child —
a
whom he received in an emergency; or
b
for whom he was already caring and providing accommodation when he became a foster child,
shall notify the appropriate local authority not more than 48 hours after the fostering arrangements began.
3
A notice under paragraph (1) or (2) shall specify —
a
the name, sex, date and place of birth, religious persuasion, racial origin and cultural and linguistic background of the child;
b
the name and address of the person giving the notice and any previous address within the last 5 years;
c
the purpose and intended duration of the fostering arrangement;
d
the name and address of any parent of the child and of any other person who has parental responsibility for the child and (if different) of any person from whom the child was, or is to be, received;
e
the name and address of any person, other than a person specified in subparagraph (d) above, who is involved directly or indirectly in making the fostering arrangement; and
f
the intended date of the beginning of the fostering arrangement or, as the case may be, the date on which the arrangement actually began.
4
A person giving notice under paragraph (1) or (2) shall include in the notice particulars of —
a
any offence of which he has been convicted;
b
any disqualification or prohibition imposed on him under (as the case may be) section 68 or 69 of the Act or under any previous enactment of either of those sections; and
c
any such conviction, disqualification or prohibition imposed on any other person living in, or employed at, the same household.
5
Any person who is fostering a child privately shall notify the appropriate local authority of —
a
any change in his address;
b
any person who begins, or ceases, to be part of his household; and
c
any further conviction, disqualification or prohibition as mentioned in subparagraphs (a) to (c) of paragraph (4).
6
A notice under paragraph (5) shall be given —
a
in advance if practicable; and
b
in any other case, not more than 48 hours after the change of circumstances,
and if the new address is in the area of another local authority, or of a local authority in Scotland, the authority to whom the notice is given shall inform the other authority of the new address and of the particulars given to them under sub-paragraphs (a) and (d) of paragraph (3).
7
Paragraphs (4)(a) and (c) and (5)(c) are subject to the Rehabilitation of Offenders Act 1974
Notifications by former foster parents
5
1
Subject to paragraphs (2) and (3), any person who has been fostering a child privately, but has ceased to do so, shall notify the appropriate local authority within 48 hours and shall include in the notice the name and address of the person into whose care the child was received.
2
Where the reason for the ending of the fostering arrangement is the death of the child the foster parent shall notify forthwith the local authority and also the person from whom the foster parent received the child.
3
Paragraph (1) shall not apply where the foster parent intends to resume the fostering arrangement after an interval of not more than 27 days but if —
a
he subsequently abandons his intention; or
b
the interval expires without his having given effect to his intention,
he shall thereupon give notice to the local authority within 48 hours of abandoning his intention or as the case may be the expiry of the interval.
Other notifications
6
1
Any person who is, or proposes to be, involved (whether or not directly) in arranging for a child to be fostered privately shall notify the appropriate local authority not less than six, nor more than thirteen, weeks before the fostering arrangement begins unless the fostering arrangement is made in an emergency in which case the notification shall be not more than 48 hours after the fostering arrangement begins.
2
A parent of a child, and any other person who has parental responsibility for the child, who knows that it is proposed that the child should be fostered privately shall notify the appropriate local authority not less than six, nor more than thirteen, weeks before the fostering arrangement begins unless the fostering arrangement is made in an emergency in which case the notification shall be not more than 48 hours thereafter.
3
Any notice under paragraph (1) or (2) shall specify —
a
the information mentioned in sub-paragraphs (a) to (c) of regulation 4(3);
b
the arrangements for the care of any brother or sister of the child who is not included in the fostering arrangement;
c
the name and address of any other person involved (whether or not directly) in the fostering arrangement;
d
where the notice is given under paragraph (1), the relationship to the child of the person giving the notice and also the information specified in sub-paragraph (d) of regulation 4(3).
4
Any parent of a privately fostered child, and any other person who has parental responsibility for the child, shall notify the appropriate local authority of —
a
the ending of the fostering arrangement; and
b
any change in his own address.
Form of notifications
7
Any notice required under regulations 4 to 6 shall be given in writing and may be sent by post.
Signed by authority of the Secretary of State for Health.
Virginia Bottomley
Minister of State,
Department of Health
10th September 1991


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the South Bedfordshire Community Health Care National Health Service Trust (Establishment) Order 1991 and shall come into force on1st 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 South Bedfordshire Community Health Care National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called South Bedfordshire Community Health Care National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be–
a
to own and manage hospital accommodation and services provided at Fairfield Hospital, Stotfold, Nr Hitchin, Hertfordshire, SG5 4AA and associated hospitals;
b
to manage community health services provided from 94 Inkerman Street, Luton, LU1 1JD and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman 5 non-executive directors and5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1 April 1992.
2
The accounting date of the trust shall be 31 March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions–
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The South Bedfordshire 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 South Bedfordshire 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 South Bedfordshire Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Virginia Bottomley
Minister of State,
Department of Health
21st October 1991


text:
Citation and commencement
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No. 3) Revocation Order 1991 and shall come into force on 14th June 1991.
Revocation
2
The Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No.3) Order 1991 is hereby revoked.
E. C. Davison
Assistant Secretary, Scottish Office
Pentland House,
Edinburgh
13th June 1991


text:
Citation and commencement
1
This Order may be cited as The Free Zone (Prestwick Airport) Designation Order 1991 and shall come into force on 6th August 1991.
Designation of area as free zone
2
1
An area of 5.799 acres, in the parish of Ayr in the County of Ayr, shown enclosed by a red line on a map (in this article referred to as “the map”), being of a scale of 25 inches to a mile, and signed by a Collector of Customs and Excise, shall be a free zone.
2
The map shall be kept by the Commissioners at their Headquarters, New King’s Beam House, 22 Upper Ground, London SE1 9PJ and a copy thereof at the offices of the responsible authority.
3
The map or the copy therefore may, on application, be inspected by members of the public at reasonable hours without charge.
Appointment of responsible authority
3
The responsible authority for the free zone shall be Freeport Scotland Ltd whose Registered Office is at Burns House, Burns Statue Square, Ayr KA7 1UT.
Period of validity of Order
4
This Order shall have effect for a period of 10 years from the date of coming into force.
Conditions imposed on responsible authority
5
There responsible authority shall not permit the area designated by this Order to function as a free zone before the Commissioners are satisfied that the area is secure and have so notified the responsible authority in writing.
6
The responsible authority shall–
a
maintain an office in the free zone or at such other place as the Commissioners may allow at which shall be kept any records, for which the responsible authority is responsible, relating to the free zone and the business carried on therein;
b
keep separate accounts in connection with the free zone;
c
provide such information in connection with the free zone and the operation thereof to any person authorised by the Treasury, as that person may reasonably require;
d
provide, free of expense to the Crown, such accommodation and facilities including furniture, fittings and equipment as the Commissioners may reasonably require and such accommodation and facilities shall be properly maintained, heated, lighted, ventilated and kept clean by the responsible authority;
e
provide, free of expense to the Crown, such area of land within the free zone as the Commissioners may reasonably require for the examination of goods and vehicles and shall provide and maintain such appliances and afford such other facilities which are reasonably necessary to enable an account to be taken of any goods or make any examination or search;
f
not permit a person to establish or carry on any trade or business in the free zone unless that person is authorised by the Commissioners to carry on such a trade or business in the free zone.
Health and safety
7
Without prejudice to the responsibilities of persons occupying premises within the free zone, the responsible authority shall ensure that the working conditions withinthe free zone are safe and without risk to the health and safety of persons employedby the Commissioners and shall comply with any requirements concerning health and safety imposed by any competent authority.
Thomas Sackville
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
24th July 1991


text:
1
The new highways which the Secretary of State proposes to construct —
a
along the route described in Schedule 1 to this Order (the highway along this route being in this Order referred to as “the main new trunk road”); and
b
along the routes described in Schedule 2 to this Order which connect the main new trunk road with other highways at the places stated in that Schedule (the highways along these routes being in this Order referred to as “the slip roads”),
shall become trunk roads as from the date when this Order comes into force.
2
The centre line of each of the 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 a new trunk road that —
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purpose 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 HA10/2E/336, marked “The A11 Trunk Road (Besthorpe to Wymondham Improvement and Slip Roads) Order 1991”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the new trunk roads” means the new highways referred to in article 1 of this Order; and
iii
“the Trunk Road” means the A11 Trunk Road.
5
This Order shall come into force on 13th August 1991 and may be cited as the A11 Trunk Road (Besthorpe to Wymondham Improvement and Slip Roads) Order 1991.
Signed by authority of the Secretary of State for Transport
Peter Emms
Regional Director Eastern Region,
Department of Transport
22nd July 1991


text:
Citation and commencement
1
This Order may be cited as the Annual Close Time (River Nairn Salmon Fishery District) Order 1991 and shall come into force on 20th September 1991.
Period within annual close time for salmon fishing by rod and line
2
For the River Nairn Salmon Fishery District the period within the annual close time (the dates of which are by virtue of the provisions referred to in section 6(2)(b) of the Salmon Act 1986, 27th August to 24th February) when it is permitted to fish for and take salmon by rod and line is prescribed as the period from 27th August to 7th October, both dates inclusive.
T.J. Kelly
Assistant Secretary, Scottish Office
Pentland House,
Edinburgh
19th September 1991


text:
Citation, commencement and interpretation
1
1
These Regulations may he cited as the Clinical Standards Advisory Group Regulations 1991 and shall come into force on 1st April 1991.
2
In these Regulations, “Advisory Group” means the Clinical Standards Advisory Group established under section 62 of the National Health Service and Community Care Act 1990.
3
Unless the context otherwise requires, any reference in these Regulations to a numbered regulation is a reference to the regulation bearing that number in these Regulations and any reference in a regulation to a numbered paragraph is a reference to the paragraph bearing that number in that regulation.
Membership of the Advisory Group
2
1
Eight members of the Advisory Group shall be appointed from persons nominated by the bodies specified in Schedule 1 to these Regulations, acting jointly.
2
One member of the Advisory Group shall be appointed from persons nominated by the Faculty of Dental Surgery of the Royal College of Surgeons of England.
3
Four members of the Advisory Group shall be appointed from persons nominated by the Royal College of Nursing and the Royal College of Midwives, acting jointly.
4
The persons for the time being holding the following posts, namely —
a
the chairman of the Standing Medical Advisory Committee ;
b
the chairman of the Standing Dental Advisory Committee ; and
c
the chairman of the Standing Nursing and Midwifery Committee
shall be appointed members of the Advisory Group.
Additional persons to attend meetings
3
The Health Ministers may appoint persons other than members to attend meetings of the Advisory Group or any committee of the Advisory Group and such persons may take part in discussions at, but not vote at, such meetings.
Term of office
4
1
Subject to paragraphs (2) and (3) and regulation 5, a member’s term of office shall be for such period, not exceeding three years, as the Health Ministers specify on appointing him.
2
The members referred to in regulation 2(4) shall hold office for as long as they hold the office by virtue of which they were appointed.
3
The term of office of a member appointed to replace a member whose term of office ceased before the expiry of the period for which he was appointed shall be for the remainder of that period.
Termination of term of office
5
1
A member, other than a member appointed under regulation 2(4), may resign his office at any time following his appointment by giving notice in writing to that effect to one or more of the Health Ministers.
2
The date on which a resignation by notice given under paragraph (1) shall take effect shall be —
a
where a date is specified in the notice as being that on which the resignation is to take effect, that date; and
b
in any other case, the date on which the notice is received by the Health Minister to whom it is sent.
3
If a member, other than a member appointed under regulation 2(4), has not attended four consecutive meetings of the Advisory Group the Health Ministers shall terminate his term of office unless they are satisfied both that the absence was due to reasonable cause and that the member will be able to attend meetings within a reasonable time.
4
The Health Ministers may terminate the term of office of a member, other than a member appointed under regulation 2(4), who was originally registered —
a
in the register of medical practitioners kept under section 2 of the Medical Act 1983 or in the register of medical practitioners with limited registration kept under that section, or
b
in the dentists register kept under section 14 of the Dentists Act 1984 , or
c
in the register of qualified nurses, midwives and health visitors maintained under section 10 of the Nurses, Midwives and Health Visitors Act 1979
but then has his name erased from the register or has his registration suspended.
5
The Health Ministers may terminate the term of office of a member, other than a member appointed under regulation 2(4), on the ground of incapacity or misbehaviour.
6
Where a member appointed under regulation 2(4) ceases to hold a post specified in that paragraph his tenure of office shall terminate forthwith.
7
In paragraph (4), “originally” means, in relation to a person’s term of office, the date on which he was appointed as a member in respect of that term of office.
Reappointment
6
A member shall, on the expiry or earlier termination of his term of office, be eligible for reappointment.
Committees
7
1
The Advisory Group may appoint committees of the Group consisting wholly or partly of members of the Group.
2
The function of a committee appointed under this regulation is to advise the Advisory Group on such matters relating to the functions of the Group as the Group specifies on the appointment of the committee or at any time thereafter.
Meetings and Proceedings
8
1
The meetings and proceedings of the Advisory Group shall be conducted in accordance with the rules set out in Schedule 2 to these Regulations and with Standing Orders made under paragraph (2).
2
Subject to those rules, the Advisory Group shall make, and may vary and revoke, Standing Orders for the regulation of its proceedings and business and provision may be made in such Standing Orders for the suspension of those Orders.
3
The Advisory Group may make, vary and revoke Standing Orders relating to the quorum, proceedings and place of meeting of committees of the Group but, subject to any such Standing Order, the quorum, proceedings and place of meeting shall be such as the committee may determine.
William Waldegrave
Secretary of State for Health
8th March 1991
David Hunt
Secretary of State for Wales
8th March 1991
Ian Lang
Secretary of State for Scotland
8th March 1991
Sealed with the official seal of the Department of Health and Social Services for Northern Ireland this eighth day of March 1991.
F. A. Elliott
Permanent Secretary


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the St Peter’s Hospital National Health Service Trust (Establishment) Order 1991 and shall come into force on 1st November 1991.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 1st November 1991;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the St Peter’s Hospital National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called St Peter’s Hospital National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
to own and manage hospital accommodation and services provided at St Peter’s Hospital, Guildford Road, Chertsey, Surrey, KT16 0PZ.
Directors of the trust
4
The trust shall have, in addition to the chairman 5 non-executive directors and5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1 April 1992.
2
The accounting date of the trust shall be 31 March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The North West Surrey 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 North West Surrey 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 North West Surrey Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Virginia Bottomley
Minister of State,
Department of Health
21st October 1991


text:
Citation and commencement
1
This Order may be cited as the Protection from Eviction (Excluded Licences) Order 1991 and shall come into force on 31st October 1991.
Specified Person
2
London Hostels Association, Limited is hereby specified for the purposes of section 3A(8) of the Protection from Eviction Act 1977 (licences which confer rights of occupation in hostels provided by certain persons).
Signed by authority of the Secretary of State for the Environment
G. S. K. Young
Minister of State,
Department of the Environment
28th August 1991


text:
1
This Order may be cited as the Local Government and Housing Act 1989 (Commencement No.11 and Savings) Order 1991.
2
In this Order —
“the 1989 Act ” means the Local Government and Housing Act 1989;
“the 1973 Act ” means the Local Government (Scotland) Act 1973 ; and
“the 1972 Act ” means the Local Government Act 1972 .
3
1
Section 194(1) of the 1989 Act in so far as it relates to paragraph 26 of Schedule 11 shall come into force on 27th February 1991 in relation only to the power to make regulations relating to the prescribed amount in section 173(1) of the 1972 Act .
2
Subject to the provisions of the Schedule to this Order, the following provisions of the 1989 Act shall come into force on 1st April 1991 —
a
section 194(1) in so far as it relates to paragraphs 26, 27 and 28 of Schedule 11 (in so far as they will not then already be in force) and paragraphs 29 and 34 of that Schedule; and
b
section 194(4) in so far as it relates to the repeals in Part II of Schedule 12 relating to —
i
sections 177 to 178 of the 1972 Act ;
ii
sections 45, 45A and 49A of the 1973 Act ;
iii
the Education Act 1980 ;
iv
the Local Government, Planning and Land Act 1980;
v
Schedule 14 to the Local Government Act 1985;
vi
the Local Government Act 1986; and
vii
the Norfolk and Suffolk Broads Act 1988.
Michael Heseltine
One of Her Majesty’s Principal Secretaries of State
26th February 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Northgate 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 Northgate 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 Northgate 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 Northgate Hospital, Morpeth, Northumberland, NE61 3BP and associated hospitals;
b
to manage community health services provided from Northgate Hospital, Morpeth, Northumberland, NE61 3BP and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1992.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Northumberland 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 Northumberland 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 Northumberland Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Stephen Dorrell
Parliamentary Under Secretary of State,
Department of Health
21st October 1991


text:
Citation
1
This Order may be cited as the Human Fertilisation and Embryology Act 1990 (Commencement No. 4 — Amendment of Transitional Provisions) Order 1991.
Amendment to Article 4 of the Human Fertilisation and Embryology Act 1990 (Commencement No. 3 and Transitional Provisions) Order 1991
2
Article 4 of the Human Fertilisation and Embryology Act 1990 (Commencement No. 3 and Transitional Provisions) Order 1991 is amended as follows —
a
paragraph (3)(d) and the word “and” immediately preceding it omitted,
b
for paragraph (4) there is substituted —
4
No relevant gametes or embryo shall be used for any purpose unless —
a
in relation to any consent given on or after the appointed day, the provisions of Schedule 3 to the Act apart from paragraph 8 have been complied with, and
b
in relation to any consent given before the appointed day, the provisions of paragraphs 5 to 7 of that Schedule as modified by paragraph (5) below have been complied with.
, and
c
in paragraph (5), for “Paragraphs 5 to 8” there is substituted “Paragraphs 5 to 7”, and for “paragraphs (4)(a)(ii) and (4)(b)” there is substituted “paragraph (4)(b)”.
William Waldegrave
One of Her Majesty’s Principal Secretaries of State
31st July 1991


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Placement of Children withParents etc Regulations 1991 and shall come into force on 14th October1991.
2
In these Regulations, unless the context otherwiserequires —
“ the Act ” means the Children Act 1989;
“area authority” means, in relation to a child who is or is to be placed, the localauthority in whose area the child is or is to be placed where thechild is in the care of a different authority;
“guardian ad litem” means a guardian ad litem appointed pursuant to section 41 of theAct (representation of child and his interests in certain proceedings)or under rules made under section 65 of the Adoption Act 1976 (panels for selection of guardians and litem andreporting officers);
“placement” means allowing a child who is in the care of a local authority tolive pursuant to section 23(5) of the Act (placement of a child in carewith parents etc. ) with
a parent of the child,
a person who is not a parent of the child but who has parentalresponsibility for him, or
where there was a residence order in force with respect to himimmediately before the care order was made a person in whose favour theresidence order was made,
and the expressions“place” and“placed” shall be construed accordingly and“placed with” a person means being allowed to live with that person pursuant tothat section;
“placement decision” means a decision to place a child which is made in accordance withregulation 5(2) (placement decisions by director of social services ornominated person);
“supervisory duties” means the duties imposed by regulation 9 (support and supervisionof placements).
3
Any notice required under these Regulations is to be in writing andany such notice may be sent by post.
4
In these Regulations, unless the context otherwiserequires —
a
any reference to a numbered regulation is to the regulation inthese Regulations bearing that number and any reference in a regulationto a numbered paragraph is to the paragraph of that regulation bearingthat number;
b
any reference to a numbered Schedule is to the Schedule to theseRegulations bearing that number.
Scope of Regulations
2
1
These Regulations shall apply to every child who is in the care of alocal authority and who is or is proposed to be placed.
2
Where a child who is to be placed is aged 16 or over regulations 3,6, 7, 8, 9 and 12 shall not apply.
3
These Regulations shall not apply to the placement of a child foradoption pursuant to the Adoption Act 1976.
4
Nothing in these Regulations shall require the temporary removal ofa child from the person with whom he is already living and with whom hemay be placed, before a placement decision is made concerning him.
5
These Regulations shall not apply in a case to the extent that theyare incompatible with any order made by a court under section 34 of theAct (parental contact with children in care etc), or any direction of acourt which has effect under paragraph 16(5) of Schedule 14 to the Act(transitional provision as to directions) in that case.
Enquiries and assessment
3
1
Before a placement decision is made, a local authority shall makeall necessary enquiries in respect of —
a
the health of the child;
b
the suitability of the person with whom it is proposed that thechild should be placed;
c
the suitability of the proposed accommodation, including theproposed sleeping arrangements;
d
the educational and social needs of the child; and
e
the suitability of all other members of the household, aged 16 andover, in which it is proposed a child will live.
2
In considering the suitability of a person as required by paragraph(1)(b) or (e), the local authority shall, so far as practicable, takeinto account the particulars specified in paragraphs 1 and 2respectively of Schedule 1.
Duties of local authorities in relation to placements
4
A local authority shall satisfy themselves that the placement of achild is the most suitable way of performing their duty under section22(3) of the Act (general duty of local authority in respect of childrenlooked after by them) and that the placement is the most suitable havingregard to all the circumstances.
Placement decisions by director of social services or nominatedperson
5
1
A placement shall be made only after a placement decision has beenmade.
2
The decisions to place a child shall be made on behalf of the localauthority by the director of social services appointed by the authorityunder section 6 of the Local Authority Social Services Act 1970 (director of social services) or by an officer of thelocal authority nominated in writing for that purpose by the director.
Immediate Placements
6
1
Subject to paragraph (2), nothing in regulation 3 shall prevent theimmediate placement of a child pursuant to a placement decision incircumstances in which the local authority consider that to be necessaryand in accordance with their duty under section 22(3) of the Act and insuch a case the authority shall take steps to ensure that the provisionsof these Regulations that would otherwise have to be complied withbefore the placement decision is made are complied with as soon aspracticable thereafter.
2
Before an immediate placement is made pursuant to this regulation alocal authority shall —
a
arrange for the person with whom the child is to be placed to beinterviewed in order to obtain as much of the information specified inparagraph 1 of Schedule 1 as can be readily ascertained at theinterview, and
b
arrange to obtain as much of the information specified in paragraph2 of Schedule 1 in relation to other members of the household aged 16and over, in which it is proposed the child will live, as can be readilyascertained at the time of that interview.
Provisions of agreements
7
Following a placement decision the local authority shall seek toreach agreement with the person with whom the child is to be placed onall the particulars, so far as is practicable, specified in Schedule 2and the placement shall not be put into effect unless and until such anagreement on all such particulars has been reached and recorded inwriting and a copy of it has been given or sent to that person.
Notification of placements
8
1
Subject to paragraph (3) the local authority shall, so far aspracticable, give notice to all the persons whose wishes and feelingshave been sought in relation to the decision to place the child pursuantto section 22(4) of the Act (persons to be consulted concerning localauthority decisions) and to those persons specified in paragraph (4)of —
a
the placement decision, and
b
details of where the child is to be placed.
2
Where the child is placed with a person other than a parent thelocal authority’s notice under paragraph (1) to the persons referred toin the paragraph shall contain —
a
the name and address of the person with whom the child is placed;
b
particulars of arrangements for contact with the child;
c
any other particulars relating to the care and welfare of the childwhich it appears to the local authority ought to be supplied.
3
A local authority shall not be required to give notice underparagraph (1) in the case of a person whose whereabouts are unknown tothe authority, or cannot be readily ascertained, or in any case wherethe authority determine that to give such notice would not be inaccordance with their duty under section 22(3) of the Act.
4
For the purposes of paragraph (1) the persons specifiedare —
a
the district health authority for the district in which the childis living;
b
the local education authority for the area in which the child isliving;
c
the child’s registered medical practitioner;
d
the area authority;
e
any person, not being an officer of a local authority, who has beencaring for the child immediately before the placement; and
f
where there was a residence order in force with respect to thechild immediately before the care order was made, the person in whosefavour the residence order was made.
Support and supervision of placements
9
1
A local authority shall satisfy themselves that the welfare of eachchild who has been placed by them continues to be appropriately providedfor by his placement and for that purpose the authorityshall —
a
give such advice and assistance to the person with whom the childis placed as appears to the local authority to be necessary;
b
make arrangements for a person authorised by the local authority tovisit the child from time to time as necessary but in anyevent —
i
within one week of the beginning of the placement,
ii
at intervals of not more than 6 weeks during the first year ofthe placement,
iii
thereafter at intervals of not more than three months andalso whenever reasonably requested by the child or the person with whomthe child is placed
and for the person so authorised to make arrangements, so far as practicable, on each visit to see the child alone.
2
On each occasion on which a child is visited in pursuance of thisregulation by any person authorised by the local authority which placedthe child the local authority shall cause a written report on the childto be prepared by that person.
Placements outside England and Wales
10
A local authority which make arrangements to place a child outsideEngland and Wales in accordance with the provisions of paragraph 19 ofSchedule 2 to the Act (placement of child in care outside England andWales) shall take steps to ensure that, so far as is reasonablypracticable, requirements corresponding with the requirements of theseRegulations are complied with in relation to that child as would berequired to be complied with under these Regulations if the child wereplaced in England and Wales.
Termination of placements
11
1
If it appears to a local authority that the placement is no longerin accordance with their duty in respect of the child under section22(3) of the Act or would prejudice the safety of the child, they shallterminate the placement and shall remove the child forthwith from theperson with whom he is placed.
2
Where, in the case of a child who has been placed in the area of anarea authority by another local authority, it appears to the areaauthority that it would be detrimental to the welfare of the child if hecontinued to be so placed, the area authority may remove the childforthwith from the person with whom he is placed.
3
Where a child is removed under paragraph (2) the area authorityshall forthwith notify the other authority of that fact and thatauthority shall make other arrangements for the care of the child assoon as is practicable.
Notification of termination of placements
12
In relation to a decision to terminate a placement a local authorityshall, so far as is reasonably practicable —
a
give notice in writing of any decision to terminate the placementbefore it is terminated to —
i
the child, having regard to his age and understanding,
ii
the other persons whose wishes and feelings have been soughtin relation to the decision to terminate the placement pursuant tosection 22(4) of the Act,
iii
the person with whom the child is placed,
iv
the other persons to whom regulation 8(1) refers; and
b
give notice in writing of the termination of the placement to allthose persons, other than the child and the person with whom the childwas placed.
Application of Regulations to short-term placements
13
1
This regulation applies to a series of short-term placements withthe same person where the following conditions aresatisfied —
a
all the placements occur within a period which does not exceed oneyear;
b
no single placement is for a duration of more than four weeks; and
c
the total duration of the placements does not exceed 90 days.
2
Any series of short-term placements to which this regulation appliesmay be treated as a single placement for the purpose of theseRegulations.
3
Regulation 9(1)(b) shall apply in relation to short-term placementsto which this regulation applies as if for paragraphs (1)(b)(i) to (iii)of that regulation there were substituted —
i
during the first of the series of short-term placements towhich this regulation applies, and
ii
on one other occasion while the child is in fact placed duringthe series of short- term placements.
Signed by authority of the Secretary of State for Health.
Virginia Bottomley
Minister of State,
Department of Health
2nd April 1991


text:
Citation and commencement
1
This Order may be cited as the Vaccine Damage Payments Act 1979Statutory Sum Order 1991 and shall come into force on 15th April 1991.
Statement of the statutory sum for the purposes of the VaccineDamage Payments Act 1979
2
For the purposes of the Vaccine Damage Payments Act 1979 thestatutory sum is £30,000.
Revocation
3
The Vaccine Damage Payments Act 1979 Statutory Sum Order 1985 is hereby revoked.
Signed by authority of the Secretary of State for Social Security.
Henley
Parliamentary Under-Secretary of State,
Department of Social Security
28th March 1991
We consent,
Thomas Sackville
Sydney Chapman
Two of the Lords Commissioners of Her Majesty’s Treasury
28th March 1991


text:
1
This Order may be cited as the Foreign Compensation (Financial Provisions) Order 1991 and shall come into force on 30th March 1991.
2
The Foreign Compensation Commission shall pay into the Consolidated Fund not later than 31st March 1991 out of the compensation funds named in Column 1 of the Schedule to this Order the amounts specified in Column 2 of the Schedule which are hereby determined to be the amounts of the expenses of the Commission during the periods specified in Column 3 of the Schedule attributable to the discharge by the Commission of their functions in relation to the distribution of sums from those compensation funds.
G. I. de Deney
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the River Tweed (Baits and Lures) Regulations 1991 and shall come into force on 1st January 1992.
Specification of baits and lures and area of application
2
Natural prawns and shrimps (whether fresh or preserved, dyed or natural colour) and any part thereof are, in relation to the River Tweed, specified for the purposes of the definition of “rod and line” in section 24(1) of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 .
Revocation
3
The River Tweed (Baits and Lures) Regulations 1988 are hereby revoked.
T. J. Kelly
Assistant Secretary, Scottish Office
Pentland House,
Edinburgh
3rd September 1991


text:
1
This Order may be cited as the Public Telecommunication System Designation (Kirklees Cable) Order 1991 and shall come into force on 24th October 1991.
2
Each of the Applicable Cabled Systems is hereby designated as a public telecommunication system.
John Redwood
Minister of State,
Department of Trade and Industry
18th September 1991


text:
1
These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) Regulations 1991 and shall come into force on 1st April 1991.
2
The Motor Vehicles (Driving Licenses) Regulations 1987 shall be amended in accordance with the following provisions of these Regulations.
3
In regulation 4 (Minimum ages for holding or obtaining licences) —
a
in paragraph (1)(f) there shall be inserted after the words “a heavy goods vehicle (hgv) of a class” the words “or a large goods vehicle (lgv) of a category”, after the word “owned” the words “or operated” and after “hgv” the words “or lgv”, and in paragraph (4) —
i
for the definition of “heavy goods vehicle” there shall be substituted the following definitions: —
“heavy goods vehicle” has the same meaning as in Part I of Schedule 1 to the road Traffic (Driver Licensing and Information Systems) Act 1989 ;
“large goods vehicle”, “passenger-carrying vehicle” and “passenger-carrying vehicle driver’s licence” have the same meaning as in Part IV of the Road Traffic Act 1988;
;
ii
in the definition of “the Training Committee” there shall be inserted at the end of the words “or the National Joint Training Committee for Young LGV Drivers in the Road Goods Transport Industry”; and
iii
in the definition of “the training scheme” there shall be inserted after “hgvs” the words “or lgvs” and after “hgv”, in each place where it occurs, the words “or lgv”;
b
in paragraph 1(g) after the words “granted under section 22 of the 1981 Act”. in each place where they occur, there shall be inserted the words “or a passenger-carrying vehicle driver’s licence” and for the words “a test of his ability to drive a public service vehicle in pursuance of regulations for the time being in force under that section” there shall be substituted the words “a test of his ability to drive a passenger-carrying vehicle in pursuance of regulations for the time being in force under section 89 of the Road Traffic Act 1988”; and
c
in paragraph (1)(i) for the words “heavy goods vehicles of any class in preparation for a test of competence under section 119 of the 1972 Act to drive vehicles of that class” there shall be substituted the words “large goods vehicles of any category in preparation for a test of competence under section 89 of the Road Traffic Act 1988 to drive vehicles of that category”.
4
For regulation 5 (Applications for the grant of licences) there shall be substituted the following regulation: —
Applications for the grant of licences
5
1
Applications for the grant of a licence may be received and dealt with at any time within two months before the date on which the grant of the licence is to take effect.
2
For the purposes of section 89(1)(f) of the Road Traffic Act 1988 the period of normal residence in Great Britain or, as the case may be, the United Kingdom, during which the holder of an exchangeable licence shall be eligible for the grant of a licence is one year.
.
5
In regulation 21 (Production of vehicle for test etc ), in paragraph (1)(bb) the words “bearing his signature” shall be inserted at the end of sub-paragraphs (i) to (vii) and (ix).
6
In regulation 33 (Effect of a change in classification from groups to categories), at the beginning of paragraph (1) there shall be inserted the words “Subject to paragraph (4) below,” and at the end of that regulation there shall be inserted the following paragraph: —
4
Paragraph (1) above shall not authorise a person to drive motor vehicles used for the carriage of passengers with more that 16 seats in addition to the driver’s seat on or after 1st April 1992.
7
In regulation 34 (Effect of a change in classification on entitlement to drive large buses) —
a
paragraphs (1) and (3) and, in paragraph (2), the words “or for hire or reward only in the circumstances set out in section 46(1) of the 1981 Act or section 18 of the 10985 Act”, shall be deleted; and
b
for paragraph (6) there shall be substituted the following paragraph: —
6
Paragraph (2) above shall cease to have effect on 1st April 1992.
8
In Schedule 3 (Categories of motor vehicles for driving test purposes), in the third column headed “Additional Requirements”, in the entry opposite category B, C1 and D1 “8,” and in the entry opposite category L “and 8”, shall be deleted.
9
In Schedule 4 (Additional requirements for driving tests) the following requirement shall be substituted for requirements 7 and 8 —
7
Carry out manoeuvres involving the use of reverse gear.
Signed by authority of the Secretary for Transport
Christopher Chope
Parliamentary Under Secretary of State,
Department of Transport
6th March 1991


text:
Citation
1
This Order may be cited as the Lee Valley and South Staffordshire(Pipelaying and Other Works) (Codes of Practice) Order 1991.
Codes of Practice
2
The Codes of Practice prepared by the Companies and certified assuch by the Secretary of State are hereby approved.
Signed by authority of the Secretary of State for the Environment
A.G. Watson
An Under Secretary in the
Department of the Environment
21st May 1991


text:
1
These Regulations may be cited as the Motor Vehicles (Tests) (Amendment) (No. 5) Regulations 1991 and shall come into force on 1st January 1992 immediately after the coming into force of regulation 10 of the Motor Vehicles (Tests) (Amendment) (No. 4) Regulations 1991 .
2
1
The Motor Vehicles (Tests) Regulations 1981 shall be further amended as follows. (2) In Schedule 2–
a
in paragraph 3, for “3, 4, 5” there shall be substituted “2, 3, 4”.
b
in paragraph 4(a), for the words “paragraphs 1 and 2” there shall be substituted the words “paragraphs 1, 2 and 3”;
c
in the table in paragraph 4(b), after item 20 there shall be inserted the following item–
20A 25 Tyre Load and Speed Ratings
;
d
in the table in paragraph 5(b), item 30 shall be omitted; and
e
in paragraph 6, for “30” there shall be substituted “20A” and for “paragraphs 1 to 5” there shall be substituted “paragraphs 1 to 4”.
Signed by authority of the Secretary of State,
Christopher Chope
Parliamentary Under the Secretary of State,
Department of Transport
9th December 1991


text:
Citation, commencement and interpretation
1
–
1
These Regulations may be cited as the Notification of New Substances (Amendment) Regulations 1991 and shall come into force on 30th September 1991.
2
In these Regulations, “the principal Regulations ” means the Notification of New Substances Regulations 1982 .
Amendment to the principal Regulations
2
–
1
The principal Regulations shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 2(1) of the principal Regulations, for the definition of “new substance” there shall be substituted the following definition–
“new substance” means any substance except a substance which appears in the inventory referred to in Article 13.1 of the Directive;
.
3
In regulation 4 of the principal Regulations after paragraph (1), there shall be inserted the following paragraph–
1A
The notification referred to in paragraph (1) shall be accompanied by a certificate in writing from the body which carried out the tests for the purposes of the technical dossier stating that those tests were carried out in conformity with the principles prescribed in regulation 11(1).
.
4
At the end of regulation 6 there shall be inserted the following paragraph–
4
Any report made in pursuance of paragraph (1) shall be accompanied by a certificate in writing from the body that carried out the tests referred to in the report stating that those tests were carried out in conformity with the principles prescribed in regulation 11(1).
.
5
In paragraph (1) of regulation 11 of the principal Regulations for “good current laboratory practice” there shall be substituted “good laboratory practice referred to in Article 1 of Council Directive 87/18/ EEC ( OJ No. L15, 17.1.87, p. 29) on the application of the principles of good laboratory practice and the verification of their application for tests on chemical substances.”.
6
For paragraph (2) of regulation 11 of the principal Regulations there shall be substituted the following paragraph–
2
A person having control of a laboratory in which tests are carried out for the purposes of these Regulations shall ensure that those tests are carried out in accordance with the said principles of good laboratory practice and at the request of the manufacturer or importer who required the tests to be carried out shall provide him with a certificate in writing to that effect.
.
Signed by order of the Secretary of State
Eric Forth
Parliamentary Under Secretary of State,
Department of Employment
20th August 1991
Tony Baldry
Parliamentary Under Secretary of State,
Department of the Environment
21st August 1991


text:
1
This Order may be cited as the Grants to Voluntary Organisations (Greater London) (Expenditure Limit) Order 1991 and shall come into force on 2nd April 1991.
2
£30,155,000 is prescribed as the maximum amount of total expenditure that may be incurred in the financial year beginning on 1st April 1991 under any scheme for Greater London under section 48 (grants to voluntary organisations) of the Local Government Act 1985.
Michael Heseltine
Secretary of State for the Environment
11th March 1991


text:
1
The new highways which the Secretary of State proposes to construct–
a
along the routes described in Schedules 1, 2 and 3 to this Order (the highways along each of these routes being in this Order referred to as “the main new trunk road”); and
b
along the routes described in Schedules 1, 2 and 3 to this Order which connect the trunk road and the main new trunk roads with other highways at the places stated in those Schedules (the highways along these routes being in this Order referred to as “the trunk road slip roads”),
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 any 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
The Secretary of State is hereby authorised to construct as part of the main new trunk road referred to in Schedule 3 hereto and as part of the trunk road slip roads also referred to in that Schedule and numbered 12 and 13 on the deposited plan, that part of the bridge specified in Schedule 4 hereto which will carry part of those roads over the River Lee Navigation.
5
In this Order–
1
All measurements of distance are measured along the route of the relevant highway:
2
i
“the deposited plan” means the plans in the plan folio numbered LRO 64/19/2/02 and marked “The A406 London North Circular Trunk Road (Improvement between Silver Street and Hall Lane Trunk Roads, Slip Roads and Bridge) Order 1991”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the new trunk roads” means the main new trunk roads and the trunk roads slip roads and “a new trunk road” means one of those highways; and
iii
“the trunk road” means the A406 London North Circular Trunk Road.
6
This Order shall come into force on 11th July 1991 and may be cited as the A406 London North Circular Trunk Road (Improvement between Silver Street and Hall Lane Trunk Roads, Slip Roads and Bridge) Order 1991.
Signed by authority of the Secretary of State for Transport
I Yass
A Grade 3 Officer in the
Department of Transport
21st June 1991


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Miscellaneous Provisions) Amendment Regulations 1991 and shall come into force on 1st November 1991.
2
In these Regulations —
“the Adjudication Regulations ” means the Social Security (Adjudication) Regulations 1986 ; and
“the Claims and Payments Regulations ” means the Social Security (Claims and Payments) Regulations 1987 .
Amendment of regulation 69 of the Adjudication Regulations
2
In regulation 69 of the Adjudication Regulations (review in income support cases), after paragraph (4) there shall be added the following paragraphs —
5
Where a claimant in receipt of income support, other than a claimant to whom Part II of Schedule 4 to the Income Support (General) Regulations 1987 applies, lives in a nursing home or residential care home and he is absent from the home for a period of less than one week, that absence shall not be treated as a relevant change of circumstances for the purposes of section 104(1)(b) and (bb) of the 1975 Act .
6
In paragraph (5), “nursing home” and “residential care home” have the same meanings as they have in regulation 19 of the Income Support (General) Regulations 1987 .
.
Insertion of regulation 69A into the Adjudication Regulations
3
After regulation 69 of the Adjudication Regulations (review in income support cases) there shall be inserted the following regulation —
Repayment of student loan not a change of circumstances
69A
The repayment of a loan to which regulation 66A of the Income Support (General) Regulations 1987 (treatment of student loans) applies shall not be treated as a relevant change of circumstances for the purposes of section 104(1)(b) and (bb) of the 1975 Act.
.
Insertion of regulation 70A into the Adjudication Regulations
4
After regulation 70 of the Adjudication Regulations (review in family credit cases) there shall be inserted the following regulation —
Repayment of student loan not a change of circumstances
70A
The repayment of a loan to which regulation 42A of the Family Credit (General) Regulations 1987 (treatment of student loans) applies shall not be treated as a relevant change of circumstances for the purposes of section 104(1)(b) and (bb) of the 1975 Act .
.
Amendment of regulation 2 of the Claims and Payments Regulations
5
In regulation 2(1) of the Claims and Payments Regulations (interpretation) the definition of “period of cold weather” shall be omitted.
Amendment of regulation 6(3) of the Claims and Payments Regulations
6
In regulation 6(3) of the Claims and Payments Regulations (date of claim) the words “or expenses for heating which appear to the Secretary of State to have been or to be likely to be incurred in cold weather” shall be omitted.
Amendment of regulation 13 of the Claims and Payments Regulations
7
1
In regulation 13 of the Claims and Payments Regulations (advance claims and awards), at the beginning of paragraph (3) there shall be added the words “Subject to paragraph (4),”.
2
After paragraph (3), there shall be added the following paragraphs —
4
Paragraphs (1) and (2) of this regulation shall apply to a claim for family credit made —
a
on or after 10th March 1992 and before 7th April 1992;
b
in respect of a period beginning on or after 7th April 1992; and
c
by a person who, or, if he is a member of a married or unmarried couple, he or the other member of the couple, is engaged and normally engaged in remunerative work for not less than 16 but less than 24 hours a week on the date the claim is made.
5
In paragraph (4)(c) “remunerative work” and “engaged and normally engaged in remunerative work” shall be construed in accordance with regulations 4 and 5 respectively of the Family Credit (General) Regulations 1987 .
.
Omission of regulation 15A of the Claims and Payments Regulations
8
Regulation 15A of the Claims and Payments Regulations (cold weather payments) shall be omitted.
Amendment of regulation 19 of the Claims and Payments Regulations
9
In regulation 19 of the Claims and Payments Regulations (time for claiming benefit) in paragraph (4) the words “or expenses for heating which appear to the Secretary of State to have been or to be likely to be incurred in cold weather” shall be omitted.
Amendment of paragraph 7 of Schedule 4 to the Claims and Payments Regulations
10
In paragraph 7 of Schedule 4 to the Claims and Payments Regulations (prescribed times for claiming benefit) after sub-paragraph (b) there shall be inserted the following paragraph —
c
where a claim for family credit is treated as if made for a period beginning with the relevant day by virtue of regulation 13 of these Regulations, the period beginning on 10th March 1992 and ending on 6th April 1992.
.
Amendment of Schedule 4 to the Claims and Payments Regulations
11
Paragraph 9A of Schedule 4 to the Claims and Payments Regulations (cold weather payments) shall be omitted.
Amendment of paragraph 1 of Schedule 9 to the Claims and Payments Regulations
12
1
In paragraph 1 of Schedule 9 to the Claims and Payments Regulations (interpretation) —
a
for the definitions of “5 per cent. of the personal allowance for the single claimant aged not less than 25” and of “10 per cent. of the personal allowance for the single claimant aged not less than 25” there shall be substituted the following definition —
“5 per cent. of the personal allowance for a single claimant aged not less than 25” means where the percentage is not a multiple of 5 pence the sum obtained by rounding that 5 per cent. to the next higher such multiple;
;
b
after the definition of “5 per cent. of the personal allowance for a single claimant aged not less than 25” there shall be inserted the following definition —
“hostel” means a building other than a residential care home or nursing home within the meaning of regulation 19(3) of the Income Support Regulations or residential accommodation within the meaning of regulation 21(3) of those Regulations —
in which there is provided for persons generally, or for a class of persons, accommodation, otherwise than in separate and selfcontained premises, and either board or facilities of a kind set out in paragraph 4A(1)(d) below adequate to the needs of those persons and —
which is —
managed by or owned by a housing association registered with the Housing Corporation established by the Housing Act 1964 ; or
managed or owned by a housing association registered with Scottish Homes established by the Housing (Scotland) Act 1988 , or
operated other than on a commercial basis and in respect of which funds are provided wholly or in part by a government department or a local authority; or
managed by a voluntary organisation or charity and provides care, support or supervision with a view to assisting those persons to be rehabilitated or resettled within the community.
In sub-paragraph (iv) above, “voluntary organisation” shall mean a body the activities of which are carried out otherwise than for profit, but shall not include any public or local authority;
;
c
after the definition of “hostel” there shall be inserted the following definition —
“housing authority” means a local authority, a new town corporation, Scottish Homes or the Development Board for Rural Wales;
;
d
in the definition “housing costs” —
i
for the words “paragraph 1(a)” there shall be substituted the words “paragraph 1(a), (aa),”; and
ii
after the word “Regulations” there shall be added the words “and payments analogous to those specified in this definition”;
e
in the definition “mortgage payment” for the words “interest on a mortgage” there shall be substituted the words “interest on a loan whether or not secured by way of a mortgage or under an heritable security”;
f
in the definition “personal allowance for a single claimant aged not less than 25 years” for the words “paragraph 1(1)(c)” there shall be substituted the words “paragraph 1(1)(e)”; and
g
after the definition “water charges” there shall be added the following definition —
“water undertaker” means a company which has been appointed under section 11(1) of the Water Act 1989 to be the water or sewerage undertaker for any area in England and Wales.
.
Amendment of paragraph 2(1) of Schedule 9 to the Claims and Payments Regulations
13
In paragraph 2(1) of Schedule 9 to the Claims and Payments Regulations (general) after paragraph (b) there shall be inserted the following paragraph —
bb
hostel payments;
.
Amendment of paragraph 4 of Schedule 9 to the Claims and Payments Regulations
14
In paragraph 4 of Schedule 9 to the Claims and Payments Regulations (miscellaneous accommodation costs) —
a
in sub-paragraph (1) for the reference “14” (Polish resettlement) in each place where it occurs there shall be substituted the reference “13A” (Polish resettlement); and
b
in sub-paragraph (3)(a) for the words “divided by the number of days in the part-week” there shall be substituted the words “divided by 7 and multiplied by the number of days in the part-week”.
Insertion of paragraph 4A into Schedule 9 to the Claims and Payments Regulations
15
After paragraph 4 of Schedule 9 to the Claims and Payments Regulations (miscellaneous accommodation costs) there shall be inserted the following paragraph —
Hostel payments
4A
1
This paragraph applies to a beneficiary if —
a
he has been awarded specified benefit; and
b
he or his partner has claimed housing benefit in the form of a rent rebate or rent allowance; and
c
he or his partner is resident in a hostel; and
d
the charge for that hostel includes a payment, whether direct or indirect, for one or more of the following services —
i
water;
ii
a service charge for fuel;
iii
meals;
iv
laundry;
v
cleaning (other than communal areas).
2
Subject to sub-paragraph (3) below, where a beneficiary or his partner has been awarded specified benefit the adjudicating authority may determine that an amount of specified benefit shall be paid to the person or body to whom the charges referred to in sub-paragraph (1)(d) above are or would be payable.
3
The amount of any payment to a third party under this paragraph shall be either —
a
the aggregate of the amounts determined by a housing authority in accordance with the provisions specified in sub-paragraph (4); or
b
if no amount has been determined under paragraph (a) of this subparagraph, an amount which the adjudicating authority estimates to be the amount which is likely to be so determined.
4
The provisions referred to in sub-paragraph (3)(a) above are regulation 10(6) of, and paragraphs 1(a)(ii) and (iv), 1A and either 5(2) or 5(2A) or 5(3) of Schedule 1 to, the Housing Benefit Regulations .
5
Sub-paragraph (2) above shall not apply to a deduction in respect of a service charge for fuel if that charge is one such as is mentioned in paragraph 5(5) of Schedule 1 to the Housing Benefit Regulations (variable service charges for fuel) unless the adjudicating authority is satisfied on the evidence available at the date of the determination that the amount of the charge does not normally alter more than twice in any one year.
6
Where an award of income support is calculated in accordance with regulation 73(1) of the Income Support Regulations (calculation of income support for partweeks) the amount of any payment of income support to a third party determined under sub-paragraph (2) above shall be an amount calculated in accordance with sub-paragraph (3)(a) or (b) above divided by 7 and multiplied by the number of days in the part-week and no payment shall be made to a third party under this subparagraph where the Secretary of State certifies it would be impracticable to do so in that particular case.
.
Amendment of paragraph 5 of Schedule 9 to the Claims and Payments Regulations
16
In paragraph 5(6) of Schedule 9 to the Claims and Payments Regulations (service charges for fuel etc. ) the words “(that 5 per cent. being, where it is not a multiple of 5 pence, rounded to the next higher such multiple)” shall be omitted.
Amendment of paragraph 6 of Schedule 9 to the Claims and Payments Regulations
17
In paragraph 6 of Schedule 9 to the Claims and Payments Regulations (fuel costs) —
a
for sub-paragraph (2)(a) of paragraph 6 there shall be substituted the following paragraph —
a
in respect of each debt to which sub-paragraph (1) applies (“the original debt”), a weekly amount equal to 5 per cent. of the personal allowance for a single claimant aged not less than 25 for such period as is necessary to discharge the original debt, but the aggregate of the amounts, calculated under this paragraph shall not exceed twice 5 per cent. of the personal allowance for a single claimant aged not less than 25;
;
b
sub-paragraphs (3), (5) and (7) shall be omitted;
c
in sub-paragraph (6) the words “,before any application of sub-paragraph (5),” shall be omitted.
Amendment of paragraph 7 of Schedule 9 to the Claims and Payments Regulations
18
For paragraph 7 of Schedule 9 to the Claims and Payments Regulations (water charges) there shall be substituted the following paragraph —
Water charges
7
1
This paragraph does not apply where water charges are paid with rent; and in this paragraph “original debt” means the debt to which sub-paragraph (2) applies, including any reconnection charges arising out of that debt.
2
Where a beneficiary or his partner is liable, whether directly or indirectly, for water charges and is in debt for those charges, the adjudicating authority may determine, subject to paragraph 8, that a weekly amount of the specified benefit shall be paid either to a water undertaker to whom that debt is owed, or to the person or body authorised to collect water charges for that undertaker, except where —
a
water charges are determined by means of a water meter and the debt is less than half the charge which the adjudicating authority estimates to be the annual charge; or
b
in any other case the debt is less than half the annual charge,
and in such cases the adjucating authority shall make the determination only if in the opinion of that authority it would be in the interests of the family to do so.
3
Where water charges are determined by means of a water meter, the weekly amount to be paid under sub-paragraph (2) shall be the aggregate of —
a
in respect of the original debt, an amount equal to 5 per cent. of the personal allowance for a single claimant aged not less than 25 years; and
b
the amount which the adjudicating authority estimates to be the average weekly cost necessary to meet the continuing need for water consumption.
4
Where the sum estimated in accordance with sub-paragraph (3)(b) proves to be greater or less than the average weekly cost necessary to meet the continuing need for water consumption so that a beneficiary or his partner accrues a credit, or as the case may be a further debt, the adjudicating authority may determine that the sum so estimated shall be adjusted for a period of 26 weeks to take account of that credit or further debt.
5
Where water charges are determined other than by means of a water meter the weekly amount to be paid under sub-paragraph (2) shall be the aggregate of —
a
the amount referred to in sub-paragraph (3)(a); and
b
an amount equal to the weekly cost necessary to meet the continuing need for water consumption.
6
When the original debt in respect of water charges is discharged, the adjudicating authority may direct that the amount deductible shall be —
a
where water charges are determined by means of a water meter, the amount determined under sub-paragraph (3)(b) taking into account any adjustment that may have been made in accordance with sub-paragraph (4); and
b
in any other case, the amount determined under sub-paragraph (5)(b).
7
Where the beneficiary or his partner is in debt to two water undertakers —
a
only one weekly amount under sub-paragraph (3)(a) or (5)(a) shall be deducted; and
b
a deduction in respect of an original debt for sewerage shall only be made after the whole debt in respect of an original debt for water has been paid; and
c
deductions in respect of continuing charges for both water and for sewerage may be made at the same time.
8
Subject to paragraph 8 (maximum amount of payments to third parties), where the aggregate amount calculated in accordance with sub-paragraphs (3), (4), (5) and (6) exceeds a sum equal to 25 per cent. of the applicable amount for the family as is awarded under heads (a) to (d) of regulation 17(1) or heads (a) to (e) of regulation 18(1) of the Income Support Regulations , a determination under this paragraph shall be made only with the consent of the beneficiary.
.
Amendment of paragraph 8 of Schedule 9 to the Claims and Payments Regulations
19
In paragraph 8 of Schedule 9 to the Claims and Payments Regulations (maximum amount of payments to third parties) —
a
in sub-paragraph (1) for the reference to “and 7(3)(a)” there shall be substituted a reference to “,7(3)(a) and 7(5)(a)”; and
b
in sub-paragraph (2) —
i
for the words “paragraphs 5(5), 6(6) and 7” there shall be substituted the words “paragraphs 3(2)(a), 5, 6 and 7”; and
ii
for the words “of regulation 17” there shall be substituted the words “of regulation 17(1)”.
Amendment of paragraph 9 of Schedule 9 to the Claims and Payments Regulations
20
Sub-paragraph (4) of paragraph 9 to the Claims and Payments Regulations (priority as between certain debts) shall be omitted.
Amendment of paragraph 4 of Part I of Schedule 2 to the Social Security (Medical Evidence) Regulations 1976
21
In paragraph 4 of Part I of Schedule 2 to the Social Security (Medical Evidence) Regulations 1976 (rules as to completion of maternity certificates) —
a
in sub-paragraph (b), the words “where this is later than the actual confinement” shall be omitted; and
b
in sub-paragraph (e), for the words “midwife either her registered number or address” there shall be substituted the words “registered midwife the personal identification number given to her by the United Kingdom Central Council for Nursing, Midwifery and Health Visiting (“ UKCC ”) on her registration in Part 10 of the register maintained under section 10 of the Nurses, Midwives and Health Visitors Act 1979 and the expiry date of that registration”.
Substitution of Part II of Schedule 2 to the Social Security (Medical Evidence) Regulations 1976
22
For Part II of Schedule 2 to the Social Security (Medical Evidence) Regulations 1976 (form of maternity certificate) there shall be substituted the following Part —
PART II
FORM OF CERTIFICATE
MATERNITY CERTIFICATE
.
Amendment of paragraph 4 of Part I of the Schedule to the Statutory Maternity Pay (Medical Evidence) Regulations 1987
23
In paragraph 4 of Part I of the Schedule to the Statutory Maternity Pay (Medical Evidence) Regulations 1987 (rules as to completion of maternity certificates) —
a
in sub-paragraph (b), the words “where this is later than the actual confinement” shall be omitted; and
b
in sub-paragraph (e), for the words “midwife either her registered number or address” there shall be substituted the words “registered midwife the personal identification number given to her by the United Kingdom Central Council for Nursing, Midwifery and Health Visiting (“UKCC”) on her registration in Part 10 of the register maintained under section 10 of the Nurses, Midwives and Health Visitors Act 1979 and the expiry date of that registration”.
Substitution of Part II of the Schedule to the Statutory Maternity Pay (Medical Evidence) Regulations 1987
24
For Part II of the Schedule to the Statutory Maternity Pay (Medical Evidence) Regulations 1987 there shall be substituted the following Part —
PART II
FORM OF CERTIFICATE
MATERNITY CERTIFICATE
Amendment of the Statutory Maternity Pay (General) Regulations 1986
25
In regulation 32 of the Statutory Maternity Pay (General) Regulations 1986 (penalties) for the reference to “25” there shall be substituted a reference to “25A”.
Signed by authority of the Secretary of State for Social Security.
Ann Widdecombe
Parliamentary Under-Secretary of State,
Department of Social Security
15th October 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Education (National Curriculum) (Assessment Arrangements for Welsh Second Language) (Key Stage 1) Order 1991 and shall come into force on 29th August 1991.
2
This Order applies to maintained schools in Wales.
2
1
In this Order–
“the associated document” means the document published by Her Majesty’s Stationery Office entitled “Cymraeg yn y Cwricwlwm Cenedlaethol” “Welsh in the National Curriculum” (which document has effect by virtue of the 1990 Order );
“maintained school” has the meaning assigned to it by section 25(1) of the Education Reform Act 1988;
“profile components” means the attainment targets in Welsh Second Language specified in the Schedule hereto;
“ SATs ” means standard assessment tasks, being tests designed to assess a pupil’s achievements in relation to attainment targets in Welsh Second Language contained in documents published by or on behalf of the School Examinations and Assessment Council;
“summer term” means the third term in a school year;
“the subject” means Welsh Second Language;
“the 1990 Order” means the Education (National Curriculum) (Attainment Targets and Programmes of Study in Welsh) Order 1990 ;
references to the first key stage are references to the period set out in paragraph (a) of section 3(3) of the Education Reform Act 1988; and
references to levels of attainment, attainment targets and programmes of study are references to the levels, targets and programmes set out in the associated document for Welsh Second Language.
2
In this Order unless the context otherwise requires any reference to a numbered article is a reference to the article in this Order so numbered and any reference to a numbered paragraph is a reference to the paragraph so numbered in the article in which the reference appears.
3
The provisions of this Order apply in respect of pupils in the final year of the first key stage, and shall come into force on 29th August 1991.
Method of assessment
4
1
Each pupil shall be assessed by a teacher during the summer term in accordance with the provisions of this article.
2
The purpose of the assessment shall be to determine the level of attainment achieved by the pupil in relation to each attainment target specified for the subject in relation to the first key stage which applies to him.
3
The teacher shall not later than one month before the end of the summer term mentioned in paragraph (1) assess the pupil and record the results of the assessment.
4
Subject to paragraph (5) the record of the results shall consist of a statement of each level of attainment achieved by the pupil in relation to every attainment target mentioned in paragraph (2).
5
Where it appears to the teacher that the pupil’s level of attainment in any attainment target is higher than level 3 but the teacher is unable to state that level in reliance on his assessment of the pupil under this article, the pupil shall be recorded as having achieved level 3.
6
In making an assessment of a pupil pursuant to this article the teacher shall take into account any guidance on assessment issued by the local education authority (in the case of a school maintained by such an authority) or by or on behalf of the governing body (in the case of a grant-maintained school), and may take into account the results of any previous assessments of the pupil including assessments by means of SATs, whether or not the previous assessments were made by that teacher.
Determination of attainment by profile component
5
1
Subject to article 7 the provisions of this article regulate the determination of profile component levels of attainment.
2
In the case of the profile component entitled “Oral (Listening, Viewing and Speaking)”, the level of attainment shall be the pupil’s level of attainment for the attainment target so entitled.
3
In the case of the profile component entitled “Reading”, the level of attainment shall be the level of attainment for the attainment target so entitled.
4
In the case of the profile component entitled “Writing” the level of attainment shall be the level of attainment for the attainment target so entitled.
Determination of attainment by subject
6
1
Subject to article 7 the provisions of this article regulate the aggregation of profile component levels of attainment to determine the subject level of attainment.
2
A pupil’s level of attainment in the subject shall be the level of attainment achieved in the oral profile component in accordance with article 5(2).
3
The results of the application of the provision of this article and of articles 4 and 5 in relation to a pupil shall be recorded in a statement consisting of his level of attainment in the subject and each attainment target and profile component of the subject.
Pupils not subject to provisions of the National Curriculum
7
1
Articles 5 and 6 shall have effect in relation to pupils in maintained schools as respects whom provisions of the National Curriculum do not apply (including pupils with statements of special educational needs) with the modifications specified in this article:
a
For “Reading”, no profile component shall be determined where the attainment target for reading does not apply to such a pupil;
b
For “Writing”, no profile component shall be determined where the attainment target for writing does not apply to such a pupil;
c
For “Oral”, (listening, viewing and speaking), no profile component nor subject level of attainment shall be determined where the attainment target for Oral (listening, viewing and speaking) does not apply to such a pupil.
2
Article 6(3) shall apply in respect of all levels of attainment in attainment targets, profile components and the subject which have been assessed in relation to the pupil.