text:
Citation
1
This Order may be cited as the Disability Living Allowance and Disability Working Allowance Act 1991 (Commencement No. 1) Order 1991.
Appointed days
2
The day appointed for the coming into force of section 3 of the Disability Living Allowance and Disability Working Allowance Act 1991 (Disability Living Allowance Advisory Board) —
a
for the purpose only of authorising the making of regulations expressed to come into force on 12th August 1991, is 3rd July 1991; and
b
for all other purposes, is 12th August 1991.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
2nd July 1991


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Cleveland Ambulance 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 Cleveland Ambulance 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 Cleveland Ambulance 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 ambulance and patient transport services provided from Cleveland Ambulance Headquarters, Venture House, Marton Road, Middlesbrough, Cleveland, TS4 3TL 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 South Tees 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 Tees 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 Tees 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:
1
This Order may be cited as the European Communities (Definition ofTreaties) (Fourth ACP– EEC Convention of Lome) Order 1991.It shall come into force, in respect of each treaty specified in theSchedule to this Order, on the date on which the treaty enters intoforce for the United Kingdom. These dates will be notified in theLondon, Edinburgh and Belfast Gazettes.
2
The treaties specified in the Schedule to this Order are to beregarded as Community Treaties as defined in section 1(2) of theEuropean Communities Act 1972.
G. I. de Deney
Clerk of the Privy Council


text:
Commencement and citation
1
This Order may be cited as the Electricity Industry (RateableValues) (Amendment) Order 1991 and shall come into force on 1st April1991.
Combined heat and power schemes and refuse — burninggenerators
2
Article 3(2) of the Electricity Generators (Rateable Values) Order1989 shall be amended —
a
by the substitution, in sub-paragraph (a)(ii), of the words from thebeginning to“available”, of the words“its primary function is”; and
b
by the insertion, in sub-paragraph (b)(ii), after the word“refuse,”, of the words“and neither paragraph (i) nor paragraph (ii) of sub-paragraph (a)applies,”.
Annual recalculation of rateable values
3
Article 13 of the Electricity Supply Industry (Rateable Values)Order 1989 shall be amended —
a
in paragraph (1), by the insertion, after the word“capacity” in the definitions of“D” and“d” respectively, of the words“in England or, as the case may be, in Wales”; and
b
in paragraph (2), by the substitution for the definition of“total net capacity”, of the following:
“total net capacity”, in relation to a designated person and a country, means the totaldeclared net capacity of all generating plant occupied by that person inthat country;
.
Signed by authority of the Secretary of State for the Environment
Blatch
Parliamentary Under Secretary of State,
Department of the Environment
28th March 1991
David Hunt
Secretary of State for Wales
28th March 1991


text:
1
These Regulations may be cited as the Rules of the Air Regulations 1991, and shall come into force on 14th November 1991.
2
The Rules of the Air set out in the Schedule hereto shall have effect and may be cited as the Rules of the Air 1991.
3
The Rules of the Air Regulations 1990 are hereby revoked.
Signed by authority of theSecretary of State for Transport
Brabazon of Tara
Minister of State,
Department of Transport
24th October 1991


text:
Citation
1
This Order may be cited as the Planning and Compensation Act 1991 (Commencement No. 1 and Transitional Provisions) Order 1991.
Interpretation
2
In this Order —
“commencement date” means 25th September 1991, and
“the 1991 Act ” means the Planning and Compensation Act 1991.
Commencement
3
Subject to article 4, the following provisions of the 1991 Act shall come into force on 25th September 1991 —
section 15;
section 17;
section 18;
section 21;
section 22;
section 25, in so far as it relates to paragraph 1 of Part I of Schedule 3;
section 26;
section 29;
section 31(1), (4) (so far as that subsection is not yet in force), (5) and (6);
section 32, in so far as it relates to paragraphs 8, 9(2)(c), 10(1), 36, 51, 54(1), (3)(a), 56 and 57(1), (2)(b), (3)(b) and (4) of Schedule 7;
sections 62 to 69;
section 70, except in so far as it reltes to paragraph 32 of Schedule 15;
section 80 as it applies in relation to England and Wales, except in so far as it relates to the entries relating to the Planning (Hazardous Substances) Act 1990 in Part I of Schedule 18;
section 81; and
section 84(6), in so far as it relates to Part II of Schedule 19 (so far as it is not yet in force), Parts III and V of that Schedule and the repeals in Parts I and Iv of that Schedule specified in Schedule 1 to this Order.
Cases where commencement limited
4
1
The provison of the 1991 Act mentioned in Part I of Schedule 2 to this Order shall not have effect in a case where any of the following events occurs before the commencement date in relation to the matter specified —
a
in relation to a compulsory purchase order not made by a Minister, the compulsory purchase order is made;
b
in relation to a compulsory purchase order made by a Minister, paragraphs 2 and 3 of Schedule 1 to the Acquisition of Land Act 1981 are complied with;
c
in relation to a purchase notice within the meaning of Chapter I of Part VI of the Town and Country Planning Act 1990 , the event mentioned in section 137(1) of that Act occurs; and
d
in relation to a blight notice within the meaning of Chapter II of that Part, the land becomes blighted land, within the meaning of that Chapter.
2
A provision of the 1991 Act mentioned in the first column of an entry in Part II of Schedule 2 to this Order shall not have effect in a case where the date shown against that provision in the second column of the entry is, in relation to that case, before the commencement date.
3
In Part II of that Schedule, except where a contrary intention appears, —
a
an expression used in an entry in the second column which is also used in the provision of an Act mentioned in the corresponding entry in the first column has the same meaning as in that provision; and
b
a reference in an entry in the second column to a provision or Part of an Act is a reference to a provision or Part of the Act (other than the 1991 Act) mentioned in the corresponding entry in the first column.
Signed by authority of the Secretary of State for the Environment
G. S. K. Young
Minister of State,
Department of the Environment
9th September 1991
David Hunt
Secretary of State for Wales
5th September 1991
Ian Lang
Secretary of State for Scotland
6th September 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 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 purpose of through traffic.
4
In this Order —
a
all measurements of distance are measured along the route of the relevant highway;
b
i
“the deposited plan” means the plan numbered GLRT 065/5010/10/029/ 2, marked “The A40 Trunk Road (Western Circus Junction Improvement, Trunk Road 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 main new trunk road and the slip roads; and
iii
“the trunk road” means the parts of the A40 Trunk Road known as Western Avenue and Westway.
5
This Order shall come into force on 25th July 1991 and may be cited as the A40 Trunk Road (Western Circus Junction Improvement, Trunk Road and Slip Roads) Order 1991.
Signed by authority of the Secretary of State for Transport
I Yass
A Grade 3 Officer in the
Department of Transport
5th July 1991


text:
1
This Order may be cited as the Public Telecommunication System Designation (Newport Cablevision) Order 1991 and shall come into force on 3rd April 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
25th February 1991


text:
1
These Regulations may be cited as the Non-Domestic Rating(Alteration of Central Lists) (Amendment) Regulations 1991 and shallcome into force on 10th April 1991.
2
For regulation 19 of the Non-Domestic Rating (Alteration of Listsand Appeals) Regulations 1990 there shall be substituted —
Designated hereditaments
19
1
The central valuation officer shall from time to time alter eachlist, whether prospectively or retrospectively, to conformwith —
a
regulations under section 53 (contents of central lists) of the Act,and
b
subject to paragraph (2), relevant orders.
2
If at any time it appears to the central valuation officer that arelevant calculation is likely to result in an alteration, he may alterthe list to give effect to the rateable value which in his opinion thatcalculation will produce.
3
An alteration under paragraph (2) shall have effect from the dayfrom which the alteration to give effect to the rateable value producedby the relevant calculation would have effect in pursuance of therelevant order.
4
For the purposes of this regulation —
a“relevant calculation” is a calculation falling to be made in respect of a description ofdesignated hereditaments in pursuance of a relevant order, and
a“relevant order” is an order under paragraph 3(2) (prescribed rateable values) ofSchedule 6 to the Act.
.
3
Regulation 4(1)(c) of the Central Rating Lists Regulations shall be amended by the substitution for the words“had effect” of the words“has effect”.
Michael Heseltine
Secretary of State for the Environment
18th March 1991
David Hunt
Secretary of State for Wales
18th March 1991


text:
1
1
These Regulations may be cited as the Education (Grants) (Music and Ballet Schools) (Amendment) Regulations 1991 and shall come into force on 30th August 1991.
2
These Regulations shall apply in relation to a school year beginning on or after the date mentioned in paragraph (1).
3
In these Regulations —
a
a reference to the principal Regulations is a reference to the Education (Grants) (Music and Ballet Schools) Regulations 1989 ; and
b
a reference to the Aided Pupil Scheme is a reference to the scheme described in Schedule 1 to the principal Regulations,
and the amendments to the Aided Pupil Scheme contained in these Regulations shall be made to Schedule 1 to the principal Regulations.
2
1
For paragraph (2) of regulation 4 of the principal Regulations there shall be substituted the following paragraph —
2
Where a custodianship order made under section 33 of the Children Act 1975 or a residence order within the meaning of section 8(1) of the Children Act 1989 is in force in respect of a child or pupil, his custodian, or the person with whom he is to live in accordance with the residence order (as the case may be), and the spouse (if any) of the custodian or that person shall be treated as the parents of the child or pupil for the purpose of these Regulations.
.
2
In paragraph (3)(b) of regulation 4 of the principal Regulations after the words “section 88 of the Children Act 1975” there shall be inserted the words “(or, following the repeal of that section, of section 105(1) of the Children Act 1989)”.
3
In the principal Regulations after Part IIA (grant to the Royal Ballet School for the provision of Ballet Dancing in the Upper Division) there shall be inserted the following Part —
Part IIB
GRANT TO CHOIR SCHOOLS AND THE CHOIR SCHOOLS' ASSOCIATION BURSARY TRUST
Grant in respect of choristers
8D
1
Subject to the provisions of this Part, the Secretary of State may, in respect of each school year, pay grant to —
a
the choir schools at Ripon, Salisbury and Westminster Cathedral (“the specified choir schools”); and
b
the Choir Schools' Association Bursary Trust (“the trust”)
in respect of their expenditure, incurred or to be incurred, in connection with the provision of education to pupils to whom paragraph (2) applies.
2
This paragraph shall apply to pupils who —
a
are admitted as choristers to one of the specified choir schools or one of the choir schools listed in Schedule 2A on or after 1st September 1991;
b
are aged between 8 and 13;
c
are considered by the specified choir school to which they are admitted or by the trust (as the case may be) to be capable of benefiting from the education provided.
Conditions of residence applicable to grant
8E
1
Payment of such grant shall only be made in respect of pupils who meet the conditions of residence set out in paragraph 2 of Schedule 1 to these Regulations, as modified by paragraph (2) below.
2
For the purposes of this Regulation, sub-paragraph (1)(a) of and the references to “the relevant date” in paragraph 2 of Schedule 1 shall be read as referring to1st January in the calendar year in which the school year, in respect of which grant is to be paid under this Part, begins, and the reference in sub-paragraph (1)(b) to “the relevant two year period” as referring to the period of two years preceding that date.
Amount of grant
8F
The amount of grant payable by the Secretary of State under this Part in respect of any school year shall, subject to paragraph (2), be such amount as he may determine after consultation with the specified choir schools and the trust.
Accounts
8G
The specified choir schools and the trust shall keep such records and accounts and furnish to the Secretary of State such information, documents, returns and accounts as the Secretary of State may from time to time require.
4
In paragraph 58(3) and 8(4) of the Aided Pupil Scheme (references to income) for the sum “£1,000” there shall be substituted the sum “£1,065” in each place where it occurs.
5
In paragraph 13 of the Aided Pupil Scheme (remission of fees — boarding pupils) —
a
in sub-paragraph (2) for the sum “£7,059” there shall be substituted the sum “£7,501”;
b
for the Table in sub-paragraph (3) there shall be substituted the following Table —
Table
(1) (2) (3) Part of the relevant income to which specified percentage applies Only aided pupil Each of two aided pupils
That part which exceeds £7,352 but does not exceed £9,280 10% 7.5% That part (if any) which exceeds £9,280 but does not exceed £13,040 20% 15% That part (if any) which exceeds £13,040 12.5% 7.5%
.
6
In sub-paragraphs (2) and (3) of paragraph 14 of the Aided Pupil Scheme (remission of fees — day pupils) for the sums “£8,871” and “£8,722” there shall be substituted the sums “£9,429” and “£9,280” respectively.
7
For sub-paragraphs (3) and (4) of paragraph 17 of the Aided Pupil Scheme (uniform grants) there shall be substituted the following sub-paragraphs —
3
Unless an aided pupil has been a pupil at the school before taking up an aided place, in a pupil’s first year at the school uniform grant shall be payable in the case of an aided pupil as respects whom the relevant income does not exceed £9,737 and in such case the grant shall be of an amount equal to so much of the clothing expenditure as does not exceed —
a
£149, where the relevant income does not exceed £8,548;
b
£112, where that income exceeds £8,548 but does not exceed £8,945;
c
£73, where that income exceeds £8,945 but does not exceed £9,330;
d
£37, where that income exceeds £9,330 but does not exceed £9,737:
Provided that any uniform grant which would fall to be paid in pursuance of this sub-paragraph in an aided pupil’s first year at the school may be paid during the period commencing on 30th August 1991 and ending when that year begins.
4
Except where sub-paragraph (3) applies, uniform grant shall be payable in the case of an aided pupil as respects whom the relevant income does not exceed £9,330 and in such case the grant shall be of an amount equal to so much of the clothing expenditure (disregarding expenditure in respect of which a previous grant has been paid) as does not exceed —
a
£55, where the relevant income does not exceed £8,714;
b
£28, where that income exceeds £8,714 but does not exceed £9,330.
.
8
In sub-paragraph (1) of paragraph 23 of the Aided Pupil Scheme (school travel grants) for the sums “£8,213” and “£8,034” there shall be substituted the sums “£8,727” and “£8,548” respectively.
9
A new paragraph 24 shall be inserted in the Aided Pupil Scheme as follows —
Remission of charges for field study courses
24
1
In this paragraph a field study course means a course of field study (provided by the school or otherwise) which forms part of a normal course of study at a school for the examinations for the General Certificate of Secondary Education, the ordinary or advanced level examinations for the General Certificate of Education or other examinations comparable to any of them, being examinations in —
a
biology;
b
botany;
c
geography;
d
geology;
e
zoology, or
f
any other subject approved for the purposes hereof by the Secretary of State;
and a reference to a relevant examination shall be construed accordingly.
2
A school shall remit the whole of any charges they would otherwise make in respect of the participation in a field study course of an aided pupil if —
a
he is a candidate or a prospective candidate for a relevant examination, and
b
his parents are entitled, under paragraph 13 or 14, to remission of fees, in whole or in part, for the school year in which the course is held.
10
In paragraph 3 of the Appendix to the Aided Pupil Scheme (computation of income) —
a
at the end of sub-paragraph (1) the word “or”shall be deleted;
b
at the end of sub-paragraph (m) the word “or” shall be inserted;
c
after sub-paragraph (m) there shall be inserted the following sub-paragraph —
n
in pursuance of section 25 of the Finance Act 1990 (relief for donations to charity by individuals),
.
11
In the principal Regulations after Schedule 2 (conditions of payment of grant) there shall be inserted the following Schedule —


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Income Support (General) Amendment Regulations 1991 and shall, subject to paragraph (2) below, come into force as follows —
a
regulations 1 and 9 and 10, on 13th March 1991;
b
regulations 2 to 8 and 11 to 14, on 8th April 1991;
2
These Regulations shall not apply in relation to a particular claimant until the beginning of the first benefit week to commence for that claimant on or after the date specified in paragraph (1) above which applies in his case; and for this purpose the expressions “claimant” and “benefit week” have the same meanings as in the General Regulations .
3
In these Regulations “the General Regulations” means the Income Support (General) Regulations 1987 .
Amendment of regulations 2, 9, 10, 11 and 13A of, and Schedules 2 and 7 to, the General Regulations
2
1
In the provisions of the General Regulations specified in this paragraph for the words “Training Commission”, there shall be substituted the words “Secretary of State for Employment” —
a
regulation 2 (interpretation) in paragraph (a) of the definition of “training allowance”;
b
regulation 9(2)(a)(ii) and (2)(b)(i) (persons treated as available for employment);
c
regulation 10(1)(e) in the first place where the words “Training Commission” occur, 10(2)(e) in the second place where those words occur and 10(3)(b) (circumstances in which claimants are not to be treated as available for employment);
d
regulation 11(3) (registration for employment);
e
paragraph 7(b) of Schedule 2 (premiums);
f
paragraph 10(e), in column 1 of Schedule 7 (applicable amounts in special cases).
2
In regulation 2 in paragraph (c) of the definition of “training allowance”, for the words “that Commission” there shall be substituted the words “the Secretary of State for Employment”.
3
In regulation 10(1)(e) and (2)(e) for the words “, the Training Commission or a local education authority” there shall be substituted the words “or a local education authority.”.
4
In the definition of “youth training scheme” in regulation 2 (interpretation) and in regulation 13A(4)(a) (persons under 18 years) of the General Regulations after the words “youth training scheme” there shall be inserted the words “or youth training”; and in regulation 9(2)(a)(ii) and (2)(b)(i) of these Regulations after the words “Youth Training Scheme” there shall be inserted the words “or Youth Training”.
Amendment of regulation 8 of the General Regulations
3
In regulation 8 of the General Regulations (persons not required to be available for employment) —
a
in paragraph (2) the words “other than paragraph 5” shall be omitted; and in sub-paragraph (a) for the words “regulation 8 of the Social Security (Adjudication) Regulations 1986 (medical references)” there shall be substituted the words “section 115A of the Social Security Act 1975 (power of adjudicating authorities to refer matters to experts) ”;
b
in paragraph (3) after the words “other than one to whom” there shall be inserted the words “paragraph (2) or”.
Amendment of regulation 11 of the General Regulations
4
In regulation 11(2)(a) of the General Regulations (registration for employment) for the words “regulation 8 of the Social Security (Adjudication) Regulations 1986 (medical references)” there shall be substituted the words “section 115A of the Social Security Act 1975 (power of adjudicating authorities to refer matters to experts)”.
Amendment of regulation 13 of the General Regulations
5
In regulation 13(2)(d) of the General Regulations (circumstances in which persons in relevant education may be entitled to income support) for the words “parents or any” there shall be substituted the words “parents and any”; and for the words “parents or that person” there shall be substituted the words “parents and that person”.
Amendment of regulation 13A of the General Regulations
6
In regulation 13A of the General Regulations (persons under 18 years) —
a
in paragraph (2)(b) for the words “as falls before” there shall be substituted the words “as falls on or before”;
b
in paragraph (3)(a) for the words “is the date” there shall be substituted the words “is the day before the date”;
c
in paragraph (4) —
i
for the words “Schedule 1A” there shall be substituted the words “Part I of Schedule 1A”;
ii
sub-paragraph (b) shall be omitted;
d
for paragraph (5) there shall be substituted the following paragraph —
5
Paragraph (4)(a) shall have effect for a period —
a
beginning on the date on which paragraph (4)(a) applies to that person which first falls after the relevant date determined in accordance with paragraph (7); and
b
ending on the day before the date on which that person attains the age of 18 or the date on which paragraph (4)(a) ceases to apply to him, whichever first occurs.
;
e
in paragraph (6) —
i
in sub-paragraph (a) for the words “that date” there shall be substituted the words “the date”; and the words “on or” shall be omitted;
ii
for sub-paragraph (b) there shall be substituted the following sub-paragraph —
b
ending on the last day of the period of eight weeks beginning with the date specified in sub-paragraph (a) or on the day before the date on which that person attains the age of 18, whichever first occurs.
.
Amendment of regulation 21 of the General Regulation
7
In regulation 21(3)(a) of the General Regulations (special cases) after the words “on 11th December 1953),” there shall be inserted the words “a state which is a signatory to the Council of Europe Social Charter (signed in Turin on 18th October 1961),”.
Amendment of regulation 22 of the General Regulations
8
In regulation 22(5) of the General Regulations (reductions in applicable amounts in certain cases of actual or notional unemployment benefit disqualification), the words “8(2) or” and “or a person to whom regulation 11(2) applies (exemption from requirement to register for employment)” shall be omitted.
Amendment of regulations 40 and 66A of the General Regulations
9
In regulations 40(3A) and 66A(1) of the General Regulations (calculation of income other than earnings and treatment of student loans) after the words “Education (Student Loans) Act 1990” there shall be inserted in each of those regulations the words “or article 3 of the Education (Student Loans) (Northern Ireland) Order 1990 ”.
Amendment of Schedule 1 to the General Regulations
10
In Schedule 1 to the General Regulations (persons not required to be available for employment) in paragraph 7B(1) after head (c) there shall be inserted the following —
or
d
a supplementary requirement has been determined under paragraph 15 of Schedule 7 to the Students Awards Regulations (Northern Ireland) 1987 , paragraph 15 of Schedule 7 to the Students Awards Regulations (Northern Ireland) 1988 , paragraph 12 of Schedule 7 to the Students Awards Regulations (Northern Ireland) 1990 or paragraph 12 of Schedule 7 to the Students Awards ( No. 2) Regulations (Northern Ireland) 1990 or a payment has been made under article 50(3) of the Education and Libraries (Northern Ireland) Order 1986 ;
.
Amendment of Schedule 1A to the General Regulations
11
In Schedule 1A to the General Regulations (circumstances in which a person aged 16 or 17 is eligible for income support) —
a
in paragraph 8 for the words “or the home” there shall be substituted the words “and which is other than the home”;
b
in paragraph 9A for the words “or any person” there shall be substituted the words “and any person”; and for the words “his parents or that person” there shall be substituted the words “his parents and that person”.
Amendment of Schedule 3 to the General Regulations
12
In Schedule 3 to the General Regulations (housing costs) in paragraph 6 —
a
in sub-paragraph (1) for the word “Where — ” there shall be substituted the words “Where the dwelling occupied as the home is a composite hereditament and — ”;
b
after sub-paragraph (1) there shall be inserted the following sub-paragraphs —
1A
Subject to sub-paragraph (1) and the following provisions of this paragraph, where the dwelling occupied as the home is a composite hereditament, the amount applicable under this Schedule shall be the relevant fraction of the amount which would otherwise be applicable under this Schedule in respect ofthe dwelling occupied as the home.
1B
For the purposes of sub-paragraph (1A), the relevant fraction shall be obtained in accordance with the formula —
A A + B
Where —
“A” is the current market value of the claimant’s interest in that part of the composite hereditament which is domestic property within the meaning of section 66 of the Act of 1988 ;
“B” is the current market value of the claimant’s interest in that part of the composite hereditament which is not domestic property within that section.
1C
In this paragraph —
“composite hereditament” means —
as respects England and Wales, any hereditament which is shown as a composite hereditament in a local non-domestic rating list;
as respects Scotland, any lands and heritages entered in the valuation roll which are part residential subjects within the meaning of section 26(1) of the Act of 1987 ;
“local non-domestic rating list” means a list compiled and maintained under section 41(1) of the Act of 1988;
“the Act of 1987” means the Abolition of Domestic Rates Etc. (Scotland) Act 1987 ;
“the Act of 1988” means the Local Government Finance Act 1988 .
;
c
in paragraph 10(6) at the end there shall be added the words “or, as the case may be, no restriction shall be made under this paragraph on review during the six months from the date of the review nor during the next six months if and so long as the claimant so uses his best endeavours.”;
d
in paragraph 11(7) in head (b) the words “and is not a person who lives in board and lodging accommodation” shall be omitted.
Amendment of Schedule 7 to the General Regulations
13
In Schedule 7 to the General Regulations (applicable amounts in special cases), in paragraph 17, head (ii) of sub-paragraph (b) shall be omitted.
Amendment of Schedule 9 to the General Regulations
14
In Schedule 9 to the General Regulations (sums to be disregarded in the calculation of income other than earnings) in paragraph 9 after the words “nursing home” there shall be inserted the words “and he is not a person to whom Part II of Schedule 4 applies (persons to whom regulation 19 does not apply)”.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
13th February 1991


text:
Citation and commencement
1
This Order may be cited as the Education (University Commissioners) Order 1991 and shall come into force on 26th July 1991.
Continuation of duties and powers
2
The University Commissioners' duties and powers shall continue for the period from 29th July 1991 until 31st December 1992.
K Clarke
Secretary of State for Education and Science
21st June 1991


text:
1
The new highway which the Secretary of State proposes to constructalong a route from the southbound carriageway of the new trunk road to anew highway to be constructed by him pursuant to theLondon–Brighton Trunk Road (A23 Hickstead Side Roads) (No. 3)Order 1991 (linking with Jobs Lane, Hickstead), the slip road along thisroute being given the reference letter A on the deposited plan, shallbecome a trunk road as from the date when this Order comes into force.
2
The centre line of the said slip road is indicated by a heavy blackline on the deposited plan.
3
In this Order —
i
“the deposited plan”means the plan numbered PSE A23/2/65/2/5 marked“The London–Brighton Trunk Road (A23 Hickstead Slip Roads) (No.3) Order 1991” signed by authority of the Secretary of State and deposited at theDepartment of Transport, Romney House, 43 Marsham Street, London SW1P3PY; and
ii
“the new trunk road”means the highway to be constructed by the Secretary of State inpursuance of the London–Brighton Trunk Road (A23 Hickstead) Order1987 (as amended by the London–Brighton Trunk Road (A23Hickstead) Order 1987, Amendment Order 1991) .
4
This Order shall come into force on 27th May 1991 and may be citedas the London–Brighton Trunk Road (A23 Hickstead Slip Roads) (No.3) Order 1991.
Signed by authority of the Secretary of State for Transport
J. W. Fellows
Regional Director South East Region
Department of Transport
18th April 1991


text:
1
This Order may be cited as the Double Taxation Relief (Taxes on Income) (Czechoslovakia) Order 1991.
2
It is hereby declared —
a
that the arrangements specified in the Convention set out in the Schedule to this Order have been made with the Government of the Czech and Slovak Federal Republic with a view to affording relief from double taxation in relation to income tax, corporation tax or capital gains tax and taxes of a similar character imposed by the laws of Czechoslovakia;
b
that those arrangements include provisions with respect to the exchange of information necessary for carrying out the domestic laws of the United Kingdom and the laws of Czechoslovakia concerning taxes covered by the arrangements; and
c
that it is expedient that those arrangements should have effect.
G.I. de Deney
Clerk of the Privy Council


text:
Title
1
These Regulations may be cited as the Northern Ireland (Emergency Provisions) Regulations 1991 and shall come into force on 1st August 1991.
Road Traffic
2
The Secretary of State may by order prohibit, restrict or regulate in any area the use of vehicles or any class of vehicles on highways or the use by vehicles or any class of vehicles of roads or classes of roads specified in the order, either generally or in such circumstances as may be so specified.
Railways
3
The Secretary of State, or any officer of the Royal Ulster Constabulary not below the rank of assistant chief constable, may direct any person having the management of a railway to secure that any train specified in the direction or trains of any class so specified shall stop, or shall not stop, at a station or other place so specified.
Funerals
4
Where it appears to an officer of the Royal Ulster Constabulary not below the rank of chief inspector that a funeral may–
a
occasion a breach of the peace or serious public disorder, or
b
cause undue demands to be made on Her Majesty’s forces or the police,
he may, where it appears to him to be necessary for the preservation of public order, give directions requiring persons taking part in a funeral to travel in vehicles.
Revocation
5
The Northern Ireland (Emergency Provisions) Regulations 1978 are hereby revoked.
P. L. Brooke
One of Her Majesty’s Principal Secretaries of State
Northern Ireland Office
24th July 1991


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Community Charges and Non-Domestic Rating (Demand Notices) (England) Regulations 1991 and shall come into force on 15th February 1991.
2
In these Regulations–
“ the Act ” means the Local Government Finance Act 1988;
“appropriate levying body” in relation to an English charging authority means a passenger transport authority, the Broads Authority or the National Rivers Authority, insofar as the authority has power to issue a levy to the charging authority, or has power to issue a levy to a county council having power to issue a precept to the charging authority;
“charging authority” does not include a special authority;
“community charge demand notice” means a demand notice within the meaning of Part III of the Community Charges (Administration and Enforcement) Regulations 1989 which is issued by an English charging authority (including such a notice issued pursuant to the Community Charges (Co-owners) Regulations 1990 );
“the distribution report” means the report entitled the Revenue Support Grant Distribution Report (England) made on 20th December 1989 by the Secretary of State for the Environment under section 80 of the Act, as amended by the Revenue Support Grant Distribution (Amendment) Report (England) made by him on 16th January 1991;
“rate demand notice” means a demand notice within the meaning of Part II of the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989 which is issued by an English charging authority (including such a notice issued pursuant to Part II of the Non-Domestic Rating (Collection and Enforcement) (Miscellaneous Provisions) Regulations 1990 (joint owners and occupiers));
“the relevant charge” in relation to a notice and a charging authority means the amount set by the authority under section 32, 34 or 35 of the Act which is applicable to the notice, or which would be so applicable but for any provision of regulations made under section 13A of the Act ;
“the relevant year” in relation to a notice means the chargeable financial year to which the demand for payment made by the notice relates;
“the special grant report” means the report made on 17th January 1991 by the Secretary of State for Education and Science and the Secretary of State for the Environment under section 146 of the Local Government and Housing Act 1989 , or any later report made by them under that section and approved by resolution of the House of Commons; and
“specific grants” means grants or subsidies which fall to be credited to revenue account and which are paid out of monies provided by Parliament, other than grants or subsidies which fall to be paid into a collection fund under section 90(1) of the Act.
Application of the Regulations
2
These Regulations apply in relation to community charge demand notices and rate demand notices issued with respect to a financial year beginning on or after 1st April 1991 and, accordingly, the Community Charges and Non-Domestic Rating (Demand Notices) (England) Regulations 1990 shall not have effect in relation to any such notice.
Form and content of demand notices, etc.
3
1
Subject to paragraph (2), a community charge demand notice shall–
a
where it relates to a personal community charge and the amount demanded under it is not calculated by reference to section 13 of the Act, be in the form specified as (and accordingly contain the matters specified in) form A in Part I of Schedule 1;
b
where it relates to a personal community charge and the amount demanded under it is calculated by reference to section 13 of the Act, be in the form specified as (and accordingly contain the matters specified in) form B in that Part;
c
where it relates to a standard community charge, be in the form specified as (and accordingly contain the matters specified in) form C in that Part;
d
where it relates to a collective community charge, be in the form specified as (and accordingly contain the matters specified in) form D in that Part.
2
Where a community charge demand notice is served on a person–
a
after the end of the relevant year; and
b
at the same time as a community charge demand notice relating to another chargeable financial year not then ended is served on him,
paragraph (1) shall apply subject to the modifications referred to in paragraph (3).
3
The modifications are that references to the forms specified as forms A, B, C and D shall be taken to be references to such part of each of those forms as remains after the omission of–
a
the symbol “†” wherever it occurs;
b
the words “See notes for an explanation of this and other terms.”;
c
in the case of form A, the words from “EXPLANATORY NOTES” to “accompanying the bill.]”; and
d
in any other case, the words “EXPLANATORY NOTES” and the instruction immediately following those words.
4
Part II of Schedule 1 (calculation and identification of certain matters to be contained in community charge demand notice) and Part III of that Schedule (interpretation, etc.) shall have effect for the purposes of Part I of that Schedule.
5
A rate demand notice shall contain the matters mentioned in Schedule 2.
6
Subject to paragraph (7), an English charging authority must when it serves a community charge demand notice supply to the person on whom the notice is served the information mentioned in Part I of Schedule 3, and must when it serves a rate demand notice supply to the person on whom the notice is served the information mentioned in Part II of that Schedule; and Part III of that Schedule (interpretation, etc.) shall have effect for the purposes of those Parts I and II.
7
Paragraph (6) does not apply when a community charge demand notice or a rate demand notice is served after the end of the relevant year.
Invalid notices
4
1
Where–
a
a community charge demand notice is invalid because it does not comply with the applicable provisions of regulation 3,
b
the failure so to comply was due to a mistake, and
c
the amounts required to be paid under the notice were demanded in accordance with Part III of the Community Charges (Administration and Enforcement) Regulations 1989,
the requirement to pay those amounts shall apply as if the notice were valid.
2
Where a requirement to pay an amount under an invalid notice subsists by virtue of paragraph (1), the charging authority shall as soon as practicable after the mistake is discovered issue to the chargeable person concerned a document in the form which the notice would have taken (and containing the matters it would have contained) if it had complied with all relevant provisions of regulation 3.
3
Where–
a
a rate demand notice is invalid because it does not comply with regulation 3(5),
b
the failure so to comply was due to a mistake, and
c
the amounts required to be paid under the notice were demanded in accordance with Part II of the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989,
the requirement to pay those amounts shall apply as if the notice were valid.
4
Where a requirement to pay an amount under an invalid notice subsists by virtue of paragraph (3), the charging authority shall as soon as practicable after the mistake is discovered issue to the ratepayer concerned a statement of the matters that were not contained in the notice and which should have been so contained.
Supply of information by precepting authorities
5
1
In order that English charging authorities may fulfil their obligations under regulation 3, every English precepting authority shall, subject to paragraphs (3) to (6), when it issues a precept to a charging authority for a year, supply the charging authority with the information specified in paragraph (2).
2
The information is information, as regards the precepting authority and the precept concerned, as to–
a
the estimates mentioned in paragraphs 1, 9, 10 and 11 of Part I of Schedule 3;
b
the matters mentioned in paragraphs 3, 7 and 8 of that Part; and
c
the name of every appropriate levying body which has issued a levy to it that was taken into account in calculating the amount of the precept, together with the amount of the levy and information as to whether any of it was not treated as special expenses of the authority.
3
Information need not be supplied by a precepting authority with respect to the estimates mentioned in paragraphs 1, 9 and 11 of Part I of Schedule 3 insofar as that information would (by virtue of paragraph 3 of Part III of that Schedule) be repetitive of information given as regards a precept issued for the preceding financial year.
4
Information need not be supplied when a substitute precept is issued to a charging authority if it is not one which would require the charging authority to set a substitute amount under section 35 of the Act; but if in such a case the charging authority subsequently notifies the precepting authority that it has set or proposes to set an amount for its personal community charge by reference to the substitute precept, the precepting authority shall (subject to paragraphs (3), (5) and (6)) supply that information as regards the substitute precept as soon as practicable after that notification is given.
5
Information need not be supplied by a precepting authority as regards the issue of a substitute precept for a financial year insofar as it would be repetitive of information given in respect of the preceding financial year on the occasion of the issue of the earlier precept for the first-mentioned financial year.
6
Information need not be supplied by a precepting authority if, by virtue of the proviso to the definition of “relevant precepting authority” in paragraph 6 of Part III of Schedule 3, it would not fall to be supplied by the charging authority when it serves a demand notice.
Supply of information by the Secretary of State
6
In order that an English charging authority may fulfil its obligations under regulation 3, the Secretary of State shall, as soon as practicable after he has made the calculation of revenue support grant for the year for the charging authority under section 82 of the Act, supply the authority with information as to the amount of–
a
the community charge for standard spending mentioned in paragraph 2 of Part II of Schedule 1; and
b
the standard spending assessment per head mentioned in paragraphs 3, 4 and 5 of that Part for the charging authority, and for each appropriate precepting authority.
Supply of information by levying bodies
7
1
In order that an English charging authority may fulfil its obligations under regulation 3, subject to paragraphs (6) and (8) every appropriate levying body shall, when it first issues a levy to an English county council or an English charging authority for a year, supply the charging authorities to which the county council concerned has power to issue a precept and in whose areas the body carries out functions, or (as the case may be) the charging authority to which the levy is issued, with the information specified in paragraph (5).
2
In order that an English charging authority may fulfil the obligations mentioned in paragraph (1), subject to paragraphs (6) and (8) an appropriate levying body shall, after it has first issued a levy to an English county council for a year, supply any charging authority to which paragraph (1) does not apply, but which notifies the body that it has set or proposes to set an amount for its personal community charges by reference to the levy, with the information specified in paragraph (5).
3
In order that an English charging authority may fulfil the obligations mentioned in paragraph (1), subject to paragraphs (6) to (8) an appropriate levying body shall, after it has issued a substitute levy for a year, supply any charging authority which notifies the body that it has set or proposes to set an amount for its personal community charges by reference to the substitute levy, with the information specified in paragraph (5).
4
Information shall be supplied under paragraph (2) or (3) as soon as practicable after the notification is given.
5
The information is information, as regards the appropriate levying body and the levy concerned, as to–
a
the estimates mentioned in paragraphs 2, 9, 10 and 11 of Part I of Schedule 3; and
b
the matters mentioned in paragraphs 3 and 7 of that Part.
6
Information need not be supplied by an appropriate levying body with respect to the estimates mentioned in paragraph 2, 9 and 11 of Part I of Schedule 3 insofar as that information would (by virtue of paragraph 3 of Part III of that Schedule) be repetitive of information given as regards a levy issued for the preceding financial year.
7
Information need not be supplied by an appropriate levying body as regards a substitute levy for a financial year insofar as it would be repetitive of information given in respect of the preceding financial year on the occasion of the issue of the earlier levy for the first-mentioned financial year.
8
Information need not be supplied by an appropriate levying body if, by virtue of the proviso to the definition of “relevant levying body” in paragraph 6 of Part III of Schedule 3, it would not fall to be supplied by the charging authority when it serves a demand notice.
9
The circumstances in which the personal community charge of a charging authority is to be treated as set by reference to a levy for the purposes of paragraphs (2) and (3) include the setting of the charge by reference to an amount included in a precept, where the amount is attributable to a levy.
Signed by authority of the Secretary of State
Michael Portillo
Minister of State,
Department of the Environment
1st February 1991


text:
1
This Order may be cited as the Capital Allowances (Corresponding Northern Ireland Grants) Order 1991 and shall come into force on 1st April 1991.
2
The following grants, so far as they are made towards capital expenditure, are hereby declared to correspond to a grant made under Part II of the Industrial Development Act 1982 —
a
any grant made under Part III of the Industrial Development (Northern Ireland) Order 1982 being a grant at a rate not exceeding 45 per cent. of the expenditure, and being a grant made under an agreement entered into before 1st April 1993,
b
any grant made by the Local Enterprise Development Unit out of moneys granted under article 30 of the Industrial Development (Northern Ireland) Order 1982, being a grant at a rate not exceeding 45 per cent. of the expenditure and being a grant made under an agreement entered into before 1st April 1993,
c
so much of any grant so made at a higher rate as is equal to 45 per cent. of the expenditure.
Sydney Chapman
lrvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
7th March 1991


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Adoption Allowance Regulations 1991 and shall come into force on 14th October 1991.
2
In these Regulations unless the context otherwise requires —
“ the Act ” means the Adoption Act 1976;
“adopters” means the persons who have adopted or intend to adopt a child or, where there is only one such person, that person;
“adoption agency” means an approved adoption society or a local authority;
“adoption panel” means a panel established in accordance with regulation 5 of the Adoption Agencies Regulations 1983 ;
“attendance allowance” means an allowance under section 35 of the Social Security Act 1975 ;
“child benefit” means a benefit under section 1 of the Child Benefit Act 1975 ;
“fostering allowance” means the amount of money paid by way of maintenance for a child placed with a foster parent pursuant to section 23(2)(a) or section 59(1)(a) of the Children Act 1989 (placement with foster parents and others by local authorities and voluntary organisations);
“income support” means income support under section 20 of the Social Security Act 1986 ;
“mobility allowance” means an allowance under section 37A of the Social Security Act 1975;
“unemployment benefit” means unemployment benefit under section 14 of the Social Security Act 1975.
3
In these Regulations unless the context otherwise requires, a reference to a numbered regulation is to the regulation in these Regulations bearing that number, and a reference to a numbered paragraph is to the paragraph of that regulation bearing that number.
Circumstances in which an allowance may be paid
2
1
Without prejudice to paragraph (3), an allowance may be paid where one or more of the circumstances specified in paragraph (2) exists and the adoption agency —
a
is making the arrangements for the child’s adoption; and
b
has decided —
i
in accordance with regulation 11(1) of the Adoption Agencies Regulations 1983 that the adoption by the adopters would be in the child’s best interests, and
ii
after considering the recommendation of the adoption panel, that such adoption is not practicable without payment of an allowance.
2
The circumstances referred to in paragraph (1) are —
a
where the adoption agency is satisfied that the child has established a strong and important relationship with the adopters before the adoption order is made;
b
where it is desirable that the child be placed with the same adopters as his brothers or sisters, or with a child with whom he has previously shared a home;
c
where at the time of the placement for adoption the child —
i
is mentally or physically disabled or suffering from the effects of emotional or behavioural difficulties, and
ii
needs special care which requires a greater expenditure of resources than would be required if the child were not so disabled, or suffering from the effects of emotional or behavioural difficulties;
d
where at the time of the placement for the adoption the child was mentally or physically disabled, or suffering from the effects of emotional or behavioural difficulties, and as a result at a later date he requires more care and a greater expenditure of resources than were required at the time he was placed for adoption because there is —
i
a deterioration in the child’s health or condition, or
ii
an increase in his age; or
e
where at the time of the placement for adoption it was known that there was a high risk that the child would develop an illness or disability and as a result at a later date he requires more care and a greater expenditure of resources than were required at the time he was placed for adoption because such illness or disability occurs.
3
An allowance may be paid by the agency where before these Regulations come into force —
a
an allowance was being paid by the agency to the adopters in respect of a child in accordance with a scheme which is revoked by section 57A(4) of the Act (revocation of schemes approved under section 57(4) of the Act) or under section 57(5)(b) of the Act (revocation of scheme by the Secretary of State) and the adopters have agreed to receive (instead of such allowance) an allowance complying with these Regulations, or
b
the agency decided that the adopters are eligible to receive an allowance in accordance with a scheme which is revoked by section 57A(4) of the Act or under section 57(5)(b) of the Act and —
i
no payment has been made pursuant to that decision, and
ii
any conditions to which the agency’s decision to pay such an allowance is subject are satisfied.
4
In each case before an allowance is payable the adoption agency shall require the adopters to have agreed to —
a
inform the adoption agency immediately if —
i
the child no longer has his home with them (or either of them), if they have changed their address, or if the child dies, or
ii
there is any change in their financial circumstances or the financial needs or resources of the child; and
b
complete and supply the adoption agency with an annual statement of their financial circumstances and the financial circumstances of the child.
5
An allowance may not be paid from a date before the date of placement for adoption and may be paid from such later date as may be determined by the adoption agency and notified to the adopters.
Amount of the allowance
3
1
The allowance shall be of such amount as the adoption agency determines in accordance with paragraphs (2) to (4).
2
In determining the amount of allowance the adoption agency shall take into account —
a
the financial resources available to the adopters including any financial benefit which would be available in respect of the child when adopted;
b
the amount required by the adopters in respect of their reasonable outgoings and commitments (excluding outgoings in respect of the child); and
c
the financial needs and resources of the child.
3
In assessing the income available to the adopters the adoption agency shall disregard mobility and attendance allowance payable in respect of the child and, where the adopters are in receipt of income support, child benefit.
4
The allowance paid by the adoption agency shall not —
a
include any element of remuneration for the care of the child by the adopters;
b
exceed the amount of the fostering allowance excluding any element of remuneration in that allowance which would be payable if the child were fostered by the adopters.
Procedure in determining whether an allowance should be paid
4
1
Subject to paragraphs (2) and (3), an adoption agency shall, before an adoption order is made in respect of a child whose adoption they are arranging or have arranged —
a
consider whether an allowance may be paid in accordance with paragraphs (1) and (2) of regulation 2 (circumstances in which an allowance may be paid);
b
supply information to the adopters about allowances including the basis upon which amounts of allowances are determined;
c
give notice in writing in accordance with paragraph (4) to the adopters of their proposed decision as to whether an allowance should be paid and the proposed amount, if any, which would be payable;
d
consider any representations received from the adopters within the period specified in the notice;
e
make a decision as to whether an allowance should be paid, determine the amount, if any, which would be payable and notify the adopters of that decision and determination.
2
The adoption agency shall not be required —
a
in a case where the adopters may agree in accordance with regulation 2(3)(a) to receive payments complying with these Regulations instead of payments which are made to them in accordance with a scheme revoked by section 57A(4) of the Act (revocation of schemes approved under section 57(4) of the Act) or under section 57(5)(b) of the Act (revocation of scheme by the Secretary of State) —
i
to comply with sub-paragraph (a) of paragraph (i),
ii
to comply with sub-paragraph (b) of that paragraph before the adoption order is made provided that they do so as soon as is reasonably practicable after 14 October 1991, or
iii
to comply with sub-paragraphs (c) to (e) of that paragraph unless and until an application is received by the adopters for an allowance to be made under these Regulations instead of under a scheme which has been revoked; or
b
in a case where regulation 2(3)(b) applies, to comply with either of the following —
i
sub-paragraph (a) of paragraph (1), or
ii
sub-paragraphs (b) to (e) of that paragraph before an adoption order is made provided that they do so as soon as is reasonably practicable after 14 October 1991;
c
in a case to which regulation 2(2)(d) or (e) of these Regulations applies, to determine the amount of an allowance unless or until —
i
there is a deterioration in the child’s health or condition, or an increase in his age, (in a case to which regulation 2(2)(d) applies) or
ii
the onset of the illness or disability (in a case to which regulation 2(2)(e) applies,
and as a result the child requires more care and a greater expenditure of resources than were required at the time at which he was placed for adoption.
3
An approved adoption society which holds itself out as not being an adoption agency which normally pays allowances shall not be required to comply with subparagraphs (a) and (b) of paragraph (1) and need comply with sub-paragraphs (c), (d) and (e) of that paragraph as respects any adopters only if they have considered whether or not to pay an allowance to those adopters.
4
A notice under paragraph (1)(c) shall state the period of time within which the adopters may make representations to the adoption agency concerning the proposed decision or determination and the adoption agency shall not make a decision or determination under paragraph (1)(e) until after the expiry of that period.
Information about allowances
5
After a decision has been made to pay an allowance, the adoption agency shall notify the adopters in writing of the following —
a
the method of the determination of the amount of the allowance;
b
the amount of the allowance as initially determined;
c
the date of the first payment of the allowance;
d
the method of payment of the allowance and frequency with which and the period for which payment will be made;
e
the arrangements and procedure for review, variation and termination of the allowance;
f
the responsibilities of —
i
the agency under regulation 6, and
ii
the adopters pursuant to their agreement under paragraph (4) of regulation 2,
in respect of the allowance in the event of a change in circumstances of the adopters or the child.
Review, variation and termination of allowances
6
1
The adoption agency shall review an allowance —
a
annually, on receipt of a statement from the adopters as to —
i
their financial circumstances;
ii
the financial needs and resources of the child;
iii
their address and whether the child still has a home with them (or either of them); and
b
if any change in the circumstances of the adopters or the child, including any change of address, comes to their notice.
2
The adoption agency may vary or suspend payment of the allowance if, as a result of a review, they consider that, the adopters' need for it has changed or ceased since the amount of the allowance was last determined.
3
Where the adopters fail to supply the adoption agency with an annual statement in accordance with their agreement under regulation 2(4)(b), the adoption agency may deem the adopters' need for an allowance to have ceased until such time as a statement is supplied.
4
Where payment of an allowance is suspended the agency may recommence payment if as a result of a review the adoption agency considers that the financial circumstances of the adopters have become such that an allowance should be paid.
5
The adoption agency shall terminate payment of an allowance when —
a
the child ceases to have a home with the adopters (or either of them);
b
the child ceases full-time education and commences employment or qualifies for a placement on a Government training scheme;
c
the child qualifies for income support or unemployment benefit in his own right;
d
the child attains the age of eighteen, unless he continues in full-time education, when it may continue until he attains the age of twenty-one so long as he continues in full-time education; or
e
any period agreed between the adoption agency and the adopters for the payment of the allowance expires.
Confidentiality, Preservation and Access to Records
7
1
Subject to regulation 15 of the Adoption Agencies Regulations 1983, any information obtained or recommendations received or decisions made by virtue of these Regulations shall be treated by the adoption agency as confidential.
2
The adoption agency shall place a record of the details of each allowance in respect of a child including details of any determination under regulation 3 and review under regulation 6 on the case records that they are required to set up under the Adoption Agencies Regulations 1983.
Signed by authority of the Secretary of State for Health.
Virginia Bottomley
Minister of State,
Department of Health
9th September 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Foresterhill Hospitals National Health Service Trust (Establishment) Order 1991 and shall come into force on 1st January 1992.
2
In this Order unless the context otherwise requires–
“ the Act ” means the National Health Service (Scotland) Act 1978 ;
“establishment date” means 1st January 1992;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 7A to the Act ;
“the trust” means the Foresterhill 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 Foresterhill Hospitals National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 12A(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 boards) shall be to manage the hospital establishments or facilities known as Aberdeen Royal Infirmary, Aberdeen Royal Infirmary (Woolmanhill), Royal Aberdeen Children’s Hospital, Aberdeen Maternity Hospital and the Hyperbaric Centre, all in Aberdeen and Tor-na-Dee Hospital and Roxburghe House, both at Milltimer, Aberdeen including the management of the teaching and research facilities associated with these establishments and the support services related thereto.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors, one of whom shall be appointed from the University of Aberdeen, and up to 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 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;
c
acquiring or disposing of land and other property; and
d
of doing such other things as are reasonably necessary for the said purposes.
Assistance by health boards before operational date
7
1
The Grampian Health Board 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 Grampian Health Board 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 board specified for the purposes of paragraph 3(1)(f) of Schedule 7A to the Act (body which is to make the scheme under section 12B of the Act for the transfer of staff) in relation to the trust shall be the Grampian Health Board.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 7A to the Act (maximum value of freely disposable assets) in relation to the trust shall be £500,000.
Ian Lang
One of Her Majesty’s Principal, Secretaries of State
St Andrew’s House,
Edinburgh
18th December 1991