text:
1
This Order may be cited as the Combined Probation Areas (Powys) Order 1991 and shall come into force on 2nd April 1991.
2
That part of Schedule 2 to the Combined Probation Areas Order 1986 which relates to the Powys Probation Committee shall be amended by —
a
omitting the entries in respect of the petty sessions areas of Builth, Crickhowell, East Radnor, Llanidloes, Rhayader and Talgarth; and
b
substituting in column 3 —
i
“2” for “1” in the entry in respect of the petty sessional division of Brecon,
ii
“2” for “1” in the entry in respect of the petty sessional division of Llandrindod Wells,
iii
“2” for “1” in the entry in respect of the petty sessional division of Newtown,
iv
“2” for “1” in the entry in respect of the petty sessional division of Welshpool.
3
The three members of the Powys Probation Committee appointed before 2nd April 1991 by the justices for the petty sessional divisions of Brecon, Crickhowell and Talgarth shall decide by agreement, or in default of agreement by lot, which two of them shall continue to hold office as if they had been appointed by the justices for the new petty sessional division of Brecon.
4
The four members of the Powys Probation Committee appointed before 2nd April 1991 by the justices for the petty sessional divisions of Builth, East Radnor, Llandrindod Wells and Rhayader shall decide by agreement, or in default of agreement by lot, which two of them shall continue to hold office as if they had been appointed by the justices for the new petty sessional division of Llandrindod Wells.
5
The two members of the Powys Probation Committee appointed before 2nd April 1991 by the justices for the petty sessional divisions of Newtown and Llanidloes shall continue to hold office as if they had been appointed by the justices for the new petty sessional division of Newtown.
Kenneth Baker
One of Her Majesty’s Principal Secretaries of State
Home Office
29th March 1991


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Courts and Legal Services Act 1990 (Commencement No. 6) Order 1991.
2
Sections 4 and 112 of the Courts and Legal Services Act 1990 shall come into force on 1st October 1991.
3
The provisions of the Courts and Legal Services Act 1990 specified in the Schedule hereto shall come into force on 14th October 1991.
Mackay of Clashfern, C.
Dated 17th August 1991


text:
Citation and commencement
1
1
This Order may be cited as the Occupational Pensions (Revaluation) Order 1991.
2
This Order comes into force on 1st January 1992.
The revaluation percentage for each revaluation period
2
For the purposes of section 52A of the Social Security Pensions Act 1975, the revaluation percentage for each revaluation period specified in column 1 below is the appropriate percentage specified in column 2.
Column 1 Column 2 Revaluation Period Revaluation Percentage
1st January 1986 — 31st December 1991 34.0% 1st January 1987 — 31st December 1991 27.6% 1st January 1988 — 31st December 1991 21.6% 1st January 1989 — 31st December 1991 15.8% 1st January 1990 — 31st december 1991 10.3% 1st January 1991 — 31st December 1991 4.1%
Signed by the authority of the secretary of State for Social Security.
Henley
Parliamentary Under Secretary of State,
Department of Social Security
18th November 1991


text:
Title and commencement
1
This Order may be cited as the Home-Grown Cereals Authority (Rate of Levy) Order 1991 and shall come into force on 1st July 1991.
Interpretation
2
In this Order, unless the context otherwise requires, expressions have the same meaning as they have in the Schemes.
Rates of levy
3
1
For the relevant year the rates of levy per tonne of cereals delivered, which appear to the Ministers to be sufficient (but not more than sufficient) to meet the amount apportioned to each kind of cereal, shall in each case be —
a
41.13 pence in respect of dealer levy,
b
35.25 pence in respect of grower levy,
c
9.40 pence in respect of standard rate processor levy, and
d
4.70 pence in respect of reduced rate processor levy.
2
For the relevant year the rate of levy per tonne of oilseeds delivered, which appears to the Ministers to be sufficient (but not more than sufficient) to meet the amount apportioned to each kind of oilseed, shall in each case be 58.75 pence.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 15th May 1991.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Strathclyde
Parliamentary Under Secretary of State, Scottish Office
15th May 1991
Peter Brooke
Secretary of State for Northern Ireland
22nd May 1991
David Hunt
Secretary of State for Wales
25th May 1991


text:
Citation and commencement
1
These Regulations may be cited as the Community Charges(Miscellaneous Provisions) Regulations 1991 and shall come into force on29th March 1991.
Community charge demands
2
The Community Charges (Administration and Enforcement) Regulations1989 are amended —
a
in regulation 14(1), by inserting at the end the words“unless the amount which would be demanded would be £0”;
b
in regulation 19(2), by inserting at the end the words“and unless, in respect of a community charge as it has effect for thefinancial year beginning on 1st April 1991, it is expressed to takeaccount of the provisions of the Community Charges (General Reduction)Act 1991”;
c
in regulation 22(6), by substituting for the words“has effect shall” the words“has effect shall, subject to the provisions of section 1(5) of theCommunity Charges (General Reduction) Act 1991,”;
d
in paragraph 7(1) of Part II of Schedule 1, by inserting aftersub-paragraph (h), the following sub-paragraph —
i
the notice was so served on the understanding or assumption that, asregards any day in the period to which the notice relates, the person isor will be liable to pay an amount in respect of a personal communitycharge (as it has effect for the relevant year) and he is, by virtue ofregulations made under section 13A of the Act, liable to pay a greateror lesser amount than the amount stated in the notice
;
e
in paragraph 7(5) of Part II of Schedule 1, by inserting after thewords“on or after that day” the words“disregarding for this purpose section 1(5) of the Community Charges(General Reduction) Act 1991”;
f
in paragraph 7(5A)(a) of Part II of Schedule 1, by inserting afterthe words“there shall” the words“notwithstanding section 1(5) of the Community Charges (GeneralReduction) Act 1991” and by inserting after the words“such instalments which” the words“has been treated as paid to the authority under section 36(1) of theAct or”; and
g
in paragraph 7(7) of Part II of Schedule 1, in the definition of“the relevant day”, by substituting for the words“sub-paragraph (1)(a), (b), (e) or (f)” the words“sub-paragraph (1)(a), (b), (e), (f) or (i)”.
Co-owners
3
The Community Charges (Co-owners) Regulations 1990 are amended by inserting in regulation 3(1)(b), at thebeginning, the words“subject to the provisions of section 1(5) of the Community Charges(General Reduction) Act 1991”.
Michael Heseltine
One of Her Majesty’s Principal Secretaries of State
28th March 1991


text:
Citation and commencement
1
These Regulations may be cited as the Income Tax (Building Societies) (Annual Payments) Regulations 1991 and shall come into force on 6th April 1991.
Interpretation
2
In these Regulations unless the context otherwise requires —
“ the Board ” means the Commissioners of Inland Revenue;
“payment” (except in relation to a payment to the Board) includes "credit";
“payment quarter” means a period of three months ending with the last day of February, May, August or November;
“the 1986 Regulations ” mean the Income Tax (Building Societies) Regulations 1986 ;
“section 349(1) payment” means a payment by a building society of any annuity or other annual payment from which income tax is deductible under section 349(1) of the Taxes Act and includes such a payment made after 28th February 1991 and before 6th April 1991 to which regulation 3 of the 1986 Regulations applied;
“Schedule 16” means Schedule 16 to the Taxes Act;
“the Taxes Act” means the Income and Corporation Taxes Act 1988.
Collection of amounts representing income tax payable by building societies
3
1
This regulation modifies the provisions of Schedule 16 as they have effect for the purpose of regulating the time and manner in which a building society resident in the United Kingdom —
a
is to account for and pay income tax in respect of a section 349(1) payment, and
b
is to be repaid income tax in respect of payments which it receives.
2
Schedule 16 shall have effect for those purposes —
a
with the substitution for any reference to a company of a reference to a building society;
b
with the substitution for paragraphs (a) to (c) of paragraph 2(2) of that Schedule ofthe words —
a
each complete payment quarter within the accounting period, beginning with the payment quarter ending 31 st May 1991;
b
each part of an accounting period (other than an accounting period ending on or before 22nd March 1991) being a part which begins after February 1991 and which is not a complete payment quarter.
;
c
as if paragraph 5 of that Schedule had effect only in relation to payments —
i
which are received by the building society after February 1991,
ii
which fall to be taken into account in computing its income chargeable to corporation tax, and
iii
in respect of which no claim has previously been made under that paragraph as modified by regulation 7(3)(e) of the 1986 Regulations.
A. J. G. Isaac
T. J. Painter
Two of the Commissioners of Inland Revenue
6th March 1991


text:
Citation and commencement
1
1
These Regulations may be cited as the Non-Domestic Rating (Collection and Enforcement) (Central Lists) (Amendment) Regulations 1991.
2
These Regulations, other than regulation 3 and, insofar as it relates to that regulation, regulation 2, shall come into force on 1st April 1991.
3
Regulation 3 and, insofar as it relates to that regulation, regulation 2, shall come into force on 15th February 1991.
Amendment of Regulations
2
The Non-Domestic Rating (Collection and Enforcement) (Central Lists) Regulations 1989 are amended in accordance with the following provisions of these Regulations.
Definitions
3
1
In regulation 2(1) for the definition of “the amount payable”there is substituted the following definition —
“the amount payable”for a chargeable financial year or part of a chargeable financial year in relation to a ratepayer and a hereditament means —
the amount the ratepayer is liable to pay to the Secretary of State as regards the hereditament in respect of the year or part under section 54 of the Act; or
where an amount falls to be credited by the Secretary of State against the ratepayer’s liability in respect of the year or part, the amount (if any) by which the amount referred to in sub-paragraph (a) above exceeds the amount falling to be so credited;
2
The substitution referred to in paragraph (1) does not apply in relation to any non-domestic rate in respect of the chargeable financial year beginning 1st April 1990.
Adjustment of instalments
4
1
For paragraph 7(2) of Part II of the Schedule there is substituted the following —
2
The Secretary of State shall on or as soon as practicable after the relevant day —
a
adjust the instalments (if any) payable on or after the adjustment day (“the remaining instalments”) so that they accord with the amounts mentioned in sub-paragraph (4); and
b
serve a notice on the ratepayer which is to state —
i
the amount of the revised estimate mentioned in sub-paragraph (3); and
ii
the amount of any remaining instalment.
.
2
At the end of paragraph 7(6) of Part II of the Schedule there are inserted the words “, or has been paid (or credited) by way of interest under the Non-Domestic Rating (Payment of Interest) Regulations 1990” .
Signed by authority of the Secretary of State for the Environment
Michael Portillo
Minister of State,
Department of the Environment
31st January 1991
David Hunt
Secretary of State for Wales
31st January 1991


text:
1
These Regulations may be cited as the Passenger and Goods Vehicles (Recording Equipment) (Approval of Fitters and Workshops) (Fees) (Amendment) Regulations 1991 and shall come into force on 1st April 1991.
2
In Regulation 3 of the Passenger and Goods Vehicles (Recording Equipment) (Approval of Fitters and Workshops) (Fees) Regulations 1986 for “£230” there shall be substituted “£244” and for “£93” there shall be substituted “£99”.
Signed by authority of the Secretary of State for Transport
Christopher Chope
Parliamentary Under Secretary of State,
Department of Transport
28th February 1991
We consent to the making of the Regulations
Sydney Chapman
Gregory Knight
Two of the Lords Commissioners of Her Majesty’s Treasury
4th March 1991


text:
1
1
This Order may be cited as the Cable (ExceptedProgrammes) Order 1991 and shall come into force on 1st June 1991.
2
The Cable (Excepted Programmes) Order 1990 is hereby revoked.
2
1
Paragraph (2) below sets out the exceptions to the dutyimposed by section 13 of the Cable and Broadcasting Act 1984 (underwhich the Independent Television Commission are required to do all thatthey can to secure that, subject to the exceptions in this Order, everylicensed diffusion service provided by any person in any area includes,by the reception and immediate re-transmission of the broadcasts, theprogrammes included in each television broadcasting service provided bya broadcasting authority for reception in that area).
2
The exceptions for programmes included in television broadcasting services are:
a
in the case of all diffusion services, the programmes providedpursuant to paragraph 1(1)(d) of Part II of Schedule 11 to theBroadcasting Act 1990;
b
in the case of a diffusion service licensed by the Cable Authoritybefore 23rd March 1990 which is not capable of conveying visual imageson more than nine channels of 8 MHz simultaneously, the programmesincluded in all television broadcasting services:
Provided that where the system to which the licence relates was, prior to the date on which the licence took effect, used wholly or mainly for the purpose of relaying television broadcasting services by the reception and immediate re-transmission of the programmes, this exception shall not apply unless the licensee has made available to the persons to whom the servicesreferred in this proviso were provided facilities for the reception,otherwise than by means of that system, of the programmes included inthose services;
c
in the case of a diffusion service licensed by the Cable Authorityon or after 23rd March 1990 which is not capable of conveying visualimages on more than six channels of 8 MHz simultaneously, the programmesincluded in all television broadcasting services; and
d
in the case of a diffusion service in respect of which there was, immediately prior to 1st January 1985, a licence granted or having effect as if granted by the Secretary of State under section 58 of the Telecommunications Act 1984 and which was notsubsequently licensed by the Cable Authority as a prescribed diffusionservice, the programmes included in all television broadcastingservices.
3
In this article“television broadcasting service” has the same meaning as in section 2(5) of the Broadcasting Act1990.
Kenneth Baker
One of Her Majesty’s Principal Secretaries of State
Home Office
22nd May 1991


text:
1
The length of the trunk road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road as from the date on which the Secretary of State notifies the County Council of Northumberland that the new trunk road is open for through traffic.
2
In this Order —
“the deposited plan” means the plan numbered HA10/2 — /N225 marked “The A1 Trunk Road (Brownieside De-Trunking) 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 ;
“the new trunk road” means the new trunk road to be constructed by the Secretary of State in pursuance of the A1 Trunk Road (Brownieside Improvement) Order 1991 ; and
“the trunk road” means the London-Edinburgh-Thurso Trunk Road (A1).
3
This Order shall come into force on 16th January 1992 and may be cited as the A1 Trunk Road (Brownieside De-Trunking) Order 1991.
Signed by authority of the Secretary of State for Transport
P.A. Shaw
Regional Director, Northern Region,
Department of Transport
18th December 1991


text:
Citation and commencement
1
1
This Order may be cited as the Tayside Regional Council (Allt Girnaig, Moulin) (Amendment) Water Order 1991 and shall come into force on 6th January 1992.
2
This Order and the Tayside Regional Council (Allt Girnaig, Moulin) Water Order 1981 (hereinafter referred to as “the principal Order”) may be cited together as the Tayside Regional Council (Allt Girnaig, Moulin) Water Orders 1981 and 1991.
Amendment of the principal Order
2
In article 5 of the principal Order —
a
in paragraph (2)(a) for the expression “4,600 cubic metres” there shall be substituted the expression “3,000 cubic metres” ; and
b
in paragraph (2)(b) for the expression “4,500 cubic metres” there shall be substituted the expression “6,100 cubic metres”.
Miscellaneous
3
The Tayside Regional Council shall at all times after the expiration of six months from the date on which this Order comes into force keep a copy thereof at the office of the Chief Executive of the Council.
T.D. Macdonald
Deputy Chief Engineer, Scottish Office
Scottish Office Environment Department,
27 Perth Street,
Edinburgh
30th December 1991


text:
1
The new highways which the Secretary of State proposes to construct along the routes described in the Schedule to this Order which connect the main new trunk road and the 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 slip roads is indicated by a heavy black line on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of any of the slip roads that–
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purpose of through traffic.
4
In this Order–
i
“the deposited plan” means the plan folio numbered RSE A34/6B/65/2/20, marked “The WinchesterPreston Trunk Road (A34) (Newbury Bypass)”Slip Roads (No 2) 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 main new trunk road” means the trunk road to be constructed by the Secretary of State in pursuance of The Winchester-Preston Trunk Road(A34) (Newbury Bypass) Order 1991 ; and
iii
“the Trunk Road” means the Winchester-Preston Trunk Road (A34).
5
This Order shall come into force on 1st August 1991 and may be cited as the Winchester-Preston Trunk Road (A34) (Newbury Bypass) Slip Roads (No 2) Order 1991.
Signed by authority of the Secretary of State for Transport
J. W. Fellows
Regional Director South East Region,
Department of Transport
18th June 1991


text:
1
This Order may be cited as the Collision Regulations (Seaplanes) (Amendment) Order 1991 and shall come into force on 19th April 1991.
2
The Collision Regulations (Seaplanes) Order 1989 , shall be further amended as follows:
In article 4 after the words “the Merchant Shipping (Distress Signals and Prevention of Collisions) Regulations 1989” there shall be added “as amended by the Merchant Shipping (Distress Signals and Prevention of Collisions) (Amendment) Regulations 1991” .
G. I. de Deney
Clerk of the Privy Council


text:
1
1
These Regulations may be cited as the Vehicles (Charges for Release from Immobilisation Devices) Regulations 1991 and shall come into force on 1st April 1991.
2
The Vehicles (Charges for Release from Immobilisation Devices) Regulations 1989 are hereby revoked.
2
For the purposes of section 104(4) of the Road Traffic Regulation Act 1984, the charge in respect of the release of a vehicle from an immobilisation device shall be £32.
Kenneth Baker
One of Her Majesty’s Principal Secretaries of State
Home Office
25th February 1991


text:
Citation and commencement
1
These Regulations may be cited as the Education (Teachers) (Amendment) (No. 3) Regulations 1991 and shall come into force on 1st November 1991.
Amendment
2
Regulation 7 of the Education (Teachers) Regulations 1989 shall be amended as follows by the insertion after paragraph (b) of the following —
c
by the governing body of a school as workers with children or young persons;
.
Kenneth Clarke
Secretary of State for Education and Science
7th October 1991


text:
Citation and commencement
1
These Regulations may be cited as the Pensions Increase (Past Prime Ministers) Regulations 1991, and shall come into force on 8th April 1991.
Interpretation
2
In these Regulations —
“the 1971 Act ” means the Pensions (Increase) Act 1971.
“the 1991 Act ” means the Ministerial and other Pensions and salaries Act 1991
3
The provisions of the 1971 Act shall apply in relation to —
a
a pension payable under section 3 of the Ministerial Salaries Consolidation Act 1965 (pensions of Prime Ministers) as increased by section 1(5) of the 1991 Act, and
b
a pension payable under section 26 or 27 of the Parliamentary and other Pensions Act 1972 to or in respect of a person who has held office as Prime Minister and First Lord of the Treasury, as increased by section 1(5) of the 1991 Act
subject to the modifications and exceptions specified in the following provisions of these regulations.
4
For the purposes of the 1971 Act a pension paid to a person who ceased to hold office as Prime Minister and First Lord of the Treasury before 28th February 1991 shall be deemed to have begun on that date and the “basic rate”of that pension means the pension as increased by the 1991 Act.
5
The annual rate of the pension to which these regulations apply shall be increased in respect of any period on or after 8th April 1991.
6
The Pensions Increase (Past Prime Ministers) Regulations 1972 and the Pensions Increase (Past Prime Ministers) (Amendment) Regulations 1979 are hereby revoked.
Gregory Knight
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
21st March 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Education (National Curriculum) (Assessment Arrangements for English, Mathematics and Science) (Key Stage 1) Order 1991 and shall come into force on 1st August 1991.
2
The Education (National Curriculum) (Assessment Arrangements for English, Mathematics and Science) Order 1990 is revoked.
3
This Order applies to maintained schools in England only.
2
1
In this Order —
“the associated documents” means the documents published by Her Majesty’s Stationery Office entitled “English in the National Curriculum” , “Mathematics in the National Curriculum” and “Science in the National Curriculum” (which documents have effect by virtue of the section 4(2)(a) and (b) orders);
“the core subjects” means English, mathematics and science;
“maintained school” has the meaning assigned to it by section 25(1) of the Education Reform Act 1988;
“profile components” means the attainment target and the groupings of attainment targets in the core subjects specified in the Schedule hereto;
“ SATs ” means standard assessment tasks for the purpose of assessing the levels of attainment pupils have achieved in attainment targets in the core subjects, being tests laid down in provisions made by the Secretary of State under article 11 which have been published by Her Majesty’s Stationery Office;
“ SEAC ” means the School Examinations and Assessment Council;
“the section 4(2)(a) and (b) orders” means the Education (National Curriculum) (Attainment Targets and Programmes of Study in English) Order 1989 , the Education (Attainment Targets and Programmes of Study in Mathematics) Order 1989 and the Education (National Curriculum) (Attainment Targets and Programmes of Study in Science) Order 1989 ;
“specified” means specified in relation to the first key stage by a section 4(2)(a) and (b) order;
“spring term” and “summer term” mean the second and third terms respectively in a school year;
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 documents.
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 1st 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 which applies to him.
3
The teacher shall not later than the end of the first half 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 a teacher may take into account the results of any previous assessment of the pupil (whether or not made by that teacher), including any SAT assessment.
Standard task assessment
5
1
Subject to article 10 each pupil shall be assessed in accordance with the provisions of this article, and such an assessment shall be known as a “SAT assessment”.
2
SATs shall be administered to the pupil during the second half of the spring term and the first half of the summer term in accordance with the provisions of the document in which they are published.
3
An assessment based on the pupil’s performance in each SAT shall be made, and the result thereof recorded, not later than the end of the first half of the summer term.
4
The record of the results shall consist of a statement of each level of attainment achieved by the pupil in relation to each relevant attainment target.
5
In paragraph (4) “relevant attainment target” means any attainment target in which the SATs enable achievement to be assessed.
6
For the purposes of article 4 and this article any period of half-term holiday in the summer term shall be treated as part of that term.
Determination of level of attainment by assessments
6
1
Subject to article 10 the provisions of this article regulate the application of the results of teacher and SAT assessments in order to determine a pupil’s level of attainment in each attainment target for the purposes of article 7.
2
a
Where the results of the teacher assessment and the SAT assessment are the same, the level of attainment determined by those assessments shall be the level for the purposes of article 7;
b
where the SAT does not enable achievement to be assessed in relation to any attainment target, the level of attainment determined by the teacher assessment shall be the level for the purposes of article 7;
c
where the results of the teacher assessment and the SAT assessment are different, subject to paragraph (3) the level of attainment determined by the SAT assessment shall be the level for the purposes of article 7.
3
If, in the circumstances to which paragraph (2)(c) applies, the application of the level of attainment determined by the teacher assessment in accordance with article 7 would produce a different profile component level from that which such an application of the level determined by the SAT assessment would produce, the level of attainment determined by the teacher assessment shall, if the local education authority (in the case of a school which the authority maintain) or SEAC (in the case of a grant-maintained school) determine that it represents the more accurate assessment of the pupil’s achievements, be the level for the purposes of article 7.
Determination of attainment by profile component
7
1
Subject to article 9 the provisions of this article regulate the determination of profile component levels.
2
Where a profile component consists of a single attainment target, the level of attainment for that target shall be the pupil’s level of that profile component.
3
Where a profile component consists of four or more attainment targets, the level for that component shall be the highest level attained or exceeded by the pupil in not less than half of the attainment targets.
4
In the case of the writing profile component in English (which consists of three attainment targets: writing, spelling and handwriting), the level for that component shall, subject to paragraph (5), be the average of the levels attained by the pupil in the three attainment targets.
5
For the purpose of calculating the average level referred to in paragraph (4) —
a
the attainment levels shall be weighted by the following factors:
writing 7 spelling 2 handwriting 1; and
b
where the average is not a whole number it shall be rounded to the nearest whole number, the fraction of one half being rounded upwards to the next whole number.
Determination of attainment by subject
8
1
Subject to article 9 the provisions of this article regulate the aggregation of profile component levels of attainment to determine subject levels of attainment.
2
In each core subject, a pupil’s level of attainment shall be the average of the profile component levels of attainment in that subject, calculated in accordance with paragraphs (3) and (4).
3
a
where the average number is not a whole number, it shall be rounded to the nearest whole number;
b
where the average number contains the fraction of one half, it shall be rounded up to the nearest whole number.
4
a
in the case of English and science, each profile component shall be weighted equally;
b
in the case of mathematics, the profile components shall be weighted by the following factors:
number, algebra and measures 3 shape and space and data handling 2.
5
The results of the application of the provisions of this article and of articles 6 and 7 in relation to a pupil shall be recorded in a statement consisting of his level of attainment in each core subject and each attainment target and profile component in each such subject.
Pupils not subject to provisions of the National Curriculum
9
1
Articles 7 and 8 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.
2
Where one third or fewer of the attainment targets in a profile component do not apply to such a pupil, article 7 shall have effect as if the number of attainment targets applying to the pupil were the total number of attainment targets in that profile component.
3
Where more than one third of the attainment targets in a profile component do not apply to such a pupil, article 7 shall not apply for the purpose of determining the pupil’s profile component level of attainment.
4
Where by virtue of paragraph (3) one or more profile component levels of attainment cannot be determined, paragraphs (1) — (4) of article 8 shall not apply.
5
If the writing attainment target of the writing profile component in English does not apply to a pupil, articles 7 and 8 shall not apply for the purpose of determining a subject level of attainment in English.
6
Article 8(5) shall apply in respect of all levels of attainment in attainment targets, profile components and core subjects which have been assessed in relation to the pupil.
Pupil’s absence — incomplete SATs
10
1
Where a pupil is unable to complete a SAT due to his absence from school (whether because of illness or for any other reason) —
a
if in the opinion of his head teacher he has done sufficient work on the SAT to enable an assessment of his level of attainment in any attainment targets to be made, any such assessment shall be treated as an assessment made in pursuance of article 5;
b
if in the opinion of his head teacher he has not done sufficient work as aforesaid, the levels of attainment determined by the teacher assessment shall be the levels for the purposes of article 7 unless the local education authority (in the case of a pupil at a school which the authority maintain) or SEAC (in the case of a pupil at a grant-maintained school) disagree, in which case the levels of attainment shall be such as the local education authority or SEAC determine by reference to the work the pupil has done on the SAT in question.
2
The head teacher shall notify the local education authority or SEAC (as the case may be) of any case such as is mentioned in paragraph (1)(b) and furnish to it such information as it may reasonably require for the purpose of exercising its functions under that sub-paragraph.
Supplementary powers of the Secretary of State
11
The Secretary of State may make such provisions giving full effect to or otherwise supplementing the provisions made by this Order as appear to him to be expedient, including in particular provisions as to standard assessment tasks for the purpose mentioned in the definition of “SATs” in article 2(1) and as to their administration to pupils.


text:
1
These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 1991 and shall come into force on 1st February 1992.
2
–
1
The Motor Vehicles (Driving Licences) Regulations 1987 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 7 (Fees for licences)–
a
for the words “1st November 1988” there shall be substituted “1st February 1992”; and
b
for the table there set out there shall be substituted the following table–
(1) Description of Licence (2) Fee
1
A licence (except a licence falling in paragraph (2) below) granted to a person–
a
who has not held a licence before, or
b
whose last licence was a full licence granted before 1st January 1976, or
c
whose last licence was a full licence which expired before31st December 1978, or
d
whose last licence was a provisional licence granted before1st October 1982.
£21
2
A full licence granted in exchange for a full Northern Ireland licence or to a person who has held a full Northern Ireland licence which was granted on or after 1st January 1976.
£6
3
A full or provisional licence granted in exchange for a subsisting licence or in place of a licence revoked pursuant to section 99(3) of the Road Traffic Act 1988 except–
a
where the licence granted is a first full licence granted in exchange for a provisional licence, or
b
where the licence is issued pursuant to section 118(4) of the Road Traffic Act 1988, or
c
where the subsisting or revoked licence is surrendered pursuant to section 99(3) or (4) of the Road Traffic Act 1988 and the Secretary of State is required to grant a new licence free of charge.
£6
4
A provisional licence (except a licence falling in paragraph (1) aboveor (7) or (9) below) which authorises the driving of vehicles of any class in category A save where such a licence is granted in place of a licence which was revoked pursuant to section 93 or 94 of the Road Traffic Act 1988.
£6
5
A full or provisional licence (except a licence falling in paragraph (1)(a) above) granted to a person on or after that person’s 70th birthday except where that person has been granted a licence falling within this paragraph within the previous 3 years and, on the grant of that licence, paid the prescribed fee for it.
£6
6
The first licence (except a licence falling in paragraph (1) above or (7)or (8) below) granted to a person after the expiration of a period of disqualification imposed on him by an order of the court–
a
in the circumstances prescribed under section 94(4) of the Road Traffic Act 1988 but irrespective of the date when the order of the court was made ;
£20
b
otherwise than in the circumstances prescribed under section 94(4) of that Act.
£12
7
The first provisional licence (except a licence falling in paragraph (1) above) granted to a person after he has been disqualified by an order of the court made pursuant to section 36 of the Road Traffic Offenders Act 1988 whether or not the court also made an order pursuant to section 34 or 35 of that Act–
a
in the circumstances prescribed under section 94(4) of the Road Traffic Act 1988 but irrespective of the date when the order of the court was made;
£20
b
otherwise than in the circumstances prescribed under section 94(4) of that Act.
£12
8
The first full licence granted to a person after he has passed a driving test which he was required to take by an order of the court made pursuant to section 36 of the Road Traffic Offenders Act 1988 except where the person has never held a full licence.
£6
9
A duplicate licence.
£6
Signed by authority of the Secretary of State for Transport
Christopher Chope
Parliamentary Under Secretary of State,
Department of Transport
24th October 1991
We approve the making of these Regulations
Irvine Patnick
Sydney Chapman
Two of the Lords Commissioners of Her Majesty’s Treasury
1st November 1991


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Contributions) Amendment Regulations 1991 and shall come into force on 6th April 1991.
Amendment to Regulations
2
In regulation 98 of the Social Security (Contributions) Regulations 1979 (modification of provisions of the Social Security Act 1975 in relation to share fishermen), in paragraph (c) (weekly rate of any Class 2 contributions payable by share fishermen) for the sum of “£6.15” there shall be substituted the sum of “£6.20”.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
1st March 1991
We consent,
Sydney Chapman
Irvine Patrick
Two of the Lords Commissioners of Her Majesty’s Treasury
5th March 1991


text:
PART I
PRELIMINARY
Citation and commencement
1
1
This Order may be cited as the Montrose Harbour Revision Order 1991 and this Order and the Montrose Harbour Acts and Orders 1837 to 1978 may be cited together as the Montrose Harbour Acts and Orders 1837 to 1991.
2
This Order shall come into force on the date fixed in accordance with the provisions of the Statutory Orders (Special Procedure) Acts 1945 and 1965 .
Interpretation
2
In this Order, unless the context otherwise requires–
“ Authority ” means the Montrose Port Authority being the Trustees of the Harbour of Montrose renamed as provided in article 3 of this Order;
“ chief executive officer ” means the chief executive officer for the time being of the Authority;
“ Community Council ” means The Montrose Community Council;
“ District Council ” means the Council of the Angus District of the Tayside Region;
“dredging licence” means a licence under article 12 of this Order;
“ Harbour ” means the Harbour of Montrose as described in article 19 of the Order of 1974 and includes the land, buildings, works, plant, property and conveniences connected therewith or any part thereof as the case may be;
“ harbour estate ” means the docks, piers, wharves, quays, berths, roads, bridges, sheds and other works and conveniences and the lands, buildings and property of every description and of whatever nature, which are for the time being vested in or occupied by the Authority for the purposes of the Harbour;
“ level of high water ” means the level of mean high-water springs;
“ new constitution date ” means the first day of the third month after the expiry of the month current at the commencement of this Order;
“operator” and “telecommunications code system” have the same meaning as in the Telecommunications Act 1984 ;
“Order of 1974” means the Montrose Harbour Revision Order 1974 ;
“ Order of 1978 ” means the Montrose Harbour (Constitution) Revision Order 1978 ;
“ Regional Council ” means the Council of the Tayside Region;
“statutory undertaker” means —
any person who is a statutory undertaker within the meaning of section 275(1) of the Town and Country Planning (Scotland) Act 1972 ;
a coast protection authority within the meaning of section 1 of the Coast Protection Act 1949 ; and
any operator of a telecommunication code system;
“Trustees of the Harbour of Montrose” means the Trustees of the Harbour of Montrose incorporated by the Montrose Harbour Act 1837 ;
“works licence” means a licence under article 11 of this Order.
PART II
NAME AND CONSTITUTION
Change of name
3
1
The name of the Trustees of the Harbour of Montrose is hereby changed to the Montrose Port Authority.
2
The change of name effected by paragraph (1) of this article shall not affect the rights or obligations of any person or render defective any legal proceedings; and any reference in —
a
any enactment, or
b
any agreement, deed, lease, licence or other instrument in force immediately before the commencement of this Order,
trustees or a trustee of that Harbour shall be read as a reference to the Montrose Port Authority or, as the case may require, to a member of that Authority.
The new constitution
4
1
On and after the new constitution date the Authority shall consist of a chairman and not fewer than seven and not more than nine other members.
2
The chairman and three other members of the Authority shall be appointed by the Secretary of State.
3
The Regional Council, the District Council and the Community Council shall each appoint one member of the Authority.
4
The chief executive officer shall be a member of the Authority.
5
The Authority may appoint up to two members of the Authority. A member appointed under this paragraph shall hold office for such period not exceeding one year as may be specified by the Authority at the time of his appointment (and may be reappointed by the Authority in accordance with this paragraph at the expiry of such period).
6
In selecting persons for appointment as members of the Authority the Secretary of State, the Regional Council, the District Council, the Community Council and, in respect of any person to be appointed under paragraph (5) above, the Authority, shall each select persons who appear to him or to them, as the case may be, to have wide experience of, and to have shown capacity in, one or more of the matters mentioned in paragraph (7) below or to have in some other respect special knowledge or experience that would be of value to the Authority in the performance of their functions and the Secretary of State shall have regard to the desirability of appointing members who are familiar with the special requirements and circumstances of the area served by the undertaking of the Authority.
7
The matters referred to in paragraph (6) above are —
a
the management of harbours;
b
shipping or other forms of transport;
c
commercial, financial or industrial matters;
d
administration;
e
the organisation of workers; and
f
nvironmental matters affecting the area in the vicinity of the Harbour.
8
No person shall be appointed as a member of the Authority under paragraph (2), (3) or (5) above if he is a member or officer of another harbour authority (as defined in section 57(1) of the Harbours Act 1964) and if a member of the Authority becomes such a member or officer the Authority may declare his office as a member of the Authority to be vacant and thereupon the office shall become vacant. The foregoing provisions of this paragraph shall not apply in relation to a person who is a member or officer of a local authority which is such a harbour authority as aforesaid unless he is a member of the committee of the authority which is responsible for the administration of the harbour in question and participates in the decisions of that committee as respects that harbour. In this paragraph “local authority” means, in relation to Scotland, an islands, regional or district council and, in relation to England or Wales, a district council.
Appointments and terms of office of members appointed by the Secretary of State, the Regional Council, the District Council and the Community Council
5
1
The Secretary of State, the Regional Council, the District Council and the Community Council shall each appoint the first member or members of the Authority to be appointed respectively by him or them under article 4 of this Order before the new constitution date and the members so appointed shall come into office on that date and, subject to the provisions of the Schedule to this Order, shall continue in office for the period of three years beginning on the new constitution date. The members of the Authority holding office immediately before the new constitution date shall go out of office on that date.
2
Every vacancy, other than a casual vacancy, among the members of the Authority appointed as aforesaid shall be filled by a person appointed by the Secretary of State, the Regional Council, the District Council or the Community Council, as the case may be, on or before the date on which the vacancy will occur (or where a casual vacancy has occurred four months or less before the end of the vacating member’s normal term of office and, in accordance with proviso (a) to paragraph (3) below, has been left unfilled, on or before the date on which the vacancy would normally have occurred) in accordance with the provisions of article 4 of this Order and every member so appointed shall come into office on the date when the vacancy occurs or would have occurred (as the case may be) and, subject to the provisions of the Schedule to this Order, shall continue in office for the period of three years beginning on that date:
Provided that if for any reason a member is not appointed on or before the date on which the vacancy occurs (or, where a casual vacancy has occurred four months or less before the end of the vacating member’s normal term of office and, in accordance with proviso (a) to paragraph (3) below, has been left unfilled, on or before the date on which the vacancy would normally have occurred) he shall be appointed as soon as practicable thereafter and shall come into office upon his appointment and, subject as aforesaid, shall continue in office for the remainder of the said term.
3
Any casual vacancy among the members of the Authority appointed as aforesaid shall be filled as soon as practicable by the appointment by the Secretary of State, the Regional Council, the District Council or the Community Council, as the case may be, in accordance with the provisions of article 4 of this Order, of a new member and the member so appointed shall come into office upon his appointment or, where the appointment is made in advance to fill a casual vacancy which is known to be about to occur, upon that vacancy occurring, and, subject to the provisions of the Schedule to this Order, shall hold office during the remainder of the term of the member in whose place he has been appointed:
Provided that–
a
a casual vacancy (other than in the office of chairman) occurring four months or less before the end of the vacating member’s normal term of office may, at the discretion of the Secretary of State, the Regional Council, the District Council or the Community Council, as the case may be, be left unfilled, and
b
the Secretary of State may, if he sees fit, fill a casual vacancy in the office of chairman by appointing as chairman a person who is already a member of the Authority and if he does so that appointment shall be deemed to create a casual vacancy in the office of the member who is appointed as chairman.
Administrative arrangements and proceedings of the Authority
6
On and after the new constitution date the provisions contained in the Schedule to this Order shall, subject to the provisions of this Order, have effect with regard to the administrative arrangements and proceedings of the Authority in addition to those provisions of the Montrose Harbour Acts and Orders 1837 to 1974 which are in force at the commencement of, and are not repealed by, this Order.
PART III
ACCOUNTS
Audit of accounts
7
1
The accounts of the Authority shall be audited annually by an auditor or firm of accountants who shall be appointed by the Authority in respect of each financial year of the Authority and a person or firm shall not be qualified to be so appointed unless he is a member, or in the case of a firm all the partners are members, of one or more of the following bodies–
a
the Institute of Chartered Accountants in England and Wales;
b
the Institute of Chartered Accountants of Scotland;
c
the Chartered Association of Certified Accountants;
d
the Institute of Chartered Accountants in Ireland.
2
The report of the auditor on the accounts of the Authority for each financial year shall be submitted to a meeting of the Authority as soon as reasonably practicable following the year of account.
3
A copy of the latest accounts of the Authority and of the auditor’s report thereon shall be kept at the Authority’s office and shall be open there during reasonable hours for inspection without charge; and a copy of such accounts and the auditor’s report shall be sent to each of the Regional Council, the District Council and the Community Council.
Financial year
8
The Authority may adopt as their financial year such period of twelve consecutive months as they think fit or such other period, whether shorter or longer than a year, as may be necessary solely for changing the financial year.
PART IV
CONTROL OF WORKS AND DREDGING IN THE HARBOUR
Restriction of works and dredging
9
1
Subject to paragraph (3) below, no person other than the Authority shall —
a
alter or renew any works, or
b
dredge,
on, under or over tidal waters or tidal land below the level of high water in the Harbour unless he is licensed so to do, in the case of works by a works licence and in the case of dredging by a dredging licence, nor except upon the terms and conditions, if any, upon which the licence is granted and in accordance with plans, sections and particulars approved in pursuance of article 11 or, as the case may require, article 12 of this Order.
2
The Authority may by notice require a person who contravenes this article to remove, abate or rectify, within a reasonable time specified in the notice, any work, operation or omission to which the contravention relates and to restore the site thereof to its former condition; and if he fails to comply with the notice the Authority may carry out the works so required and may recover the cost of so doing from that person.
3
Nothing in this article shall apply to —
a
any operations or works specifically authorised by any enactment; or
b
any operations or works of a statutory undertaker.
4
Any person who without reasonable excuse contravenes this article shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Control of certain operations and works of statutory undertakers
10
1
This article applies to any operation or works in the Harbour of a statutory undertaker on, under or over tidal waters or tidal land below the level of high water in the Harbour, not being operations or works which are specifically authorised by any enactment.
2
Subject to paragraph (3) below, a statutory undertaker shall not carry out any operations or works to which this article applies unless it has given notice of its intention to do so to the Authority and has supplied the Authority with such particulars as they may reasonably require.
3
Where, in an emergency, it is impracticable to give notice as required by paragraph (2) above, the statutory undertaker concerned shall inform the Authority of the operations or works as soon as reasonably practicable.
4
Any operation or works to which this article applies shall be carried out subject to any directions which may from time to time be given by the Authority to the statutory undertaker concerned, being directions for the avoidance of danger and the prevention, so far as possible, of interference with navigation in the carrying out of such operations or works.
5
Any person who, without reasonable excuse, contravenes this article shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Licensing of works
11
1
The Authority may upon such terms and conditions as they think fit grant to any person a licence to alter or renew any works in the Harbour on, under or over tidal waters or tidal land below the level of high water, notwithstanding any interference with public rights of navigation or other public rights by such works as altered or renewed.
2
Application for a works licence shall be made in writing to the Authority and shall–
a
be accompanied by plans, sections and particulars of the works to which the application relates;
b
specify whether the applicant holds such rights in, under or over land as are necessary to enable him to enjoy the benefits of the licence and, if not, the action taken to enable him to obtain such rights if the licence is granted; and, in granting a licence, the Authority may require modifications in the plans, sections and particulars so submitted.
3
The Authority may require an applicant for a works licence, on making his application, to pay a reasonable fee in respect of the administrative expenses of dealing with the application; and different fees may be specified in relation to different cases or different classes of cases.
4
Where the Authority refuse to grant a works licence which has been applied for they shall give reasons in writing for their refusal.
5
Where the Authority grant a works licence upon terms or conditions or require any modification in the plans and particulars, they shall give reasons in writing for the terms and conditions imposed or the modifications required.
6
If within three months from the receipt of the application under paragraph (2) above the Authority do not grant a works licence they shall be deemed to have refused the application.
7
Articles 10 to 14 of the Order of 1974 (which contain certain requirements with respect to works) shall apply in relation to the holder of a works licence as respects the works which are authorised by the licence as they do in relation to the Authority as respects works constructed by the Authority.
8
In the carrying out of operations in pursuance of a works licence, the holder of the licence shall not–
a
interfere with, damage or otherwise injuriously affect any apparatus belonging to or maintained by any statutory undertaker; or
b
do anything which will obstruct or impede any work relating to the inspection or repair of any such apparatus;
without the consent of the stautory undertaker concerned.
Licence to dredge
12
1
The Authority may upon such terms and conditions as they think fit grant to any person a licence to dredge in any part of the Harbour.
2
Application for a dredging licence shall be made in writing to the Authority and shall be accompanied by plans, sections and particulars defining the nature, extent and manner of the operations to be carried out in the exercise of the powers granted by the licence, and in granting any such licence the Authority may require modifications in the plans, sections and particulars so submitted.
3
Paragraphs (3), (4), (5) and (6) of article 11 of this Order shall apply in relation to a dredging licence as they apply in relation to a works licence.
4
Any materials (other than wreck within the meaning of Part IX of the Merchant Shipping Act 1894 ) taken up or collected by means of dredging in pursuance of a dredging licence shall be the property of the holder of the licence and he may use, sell or otherwise dispose of or remove or deposit the materials as he thinks fit:
Provided that–
i
no such material shall be laid down or deposited in any place below the level of high water except in such positions as may be approved by the Authority and subject to such conditions as may be imposed by the Authority;
ii
if it appears to the holder of the dredging licence that the Authority has unreasonably withheld their approval under paragraph (i) of this proviso or that any condition imposed by the Authority under that paragraph is unreasonable, he may appeal to the Secretary of State whose decision shall be binding upon the parties.
5
The grant of a dredging licence shall not confer statutory authority for the carrying out of the operations covered by the licence.
6
Paragraph (8) of article 11 of this Order shall apply in relation to the carrying out of operations in pursuance of a dredging licence as it applies in relation to the carrying out of operations in pursuance of a works licence.
Appeals in respect of works or dredging licence
13
1
An applicant for a works licence or a dredging licence who is aggrieved by–
a
a refusal of the Authority to grant a licence, or
b
any terms or conditions subject to which the licence is granted, or
c
any modifications required by the Authority in the plans, sections and particulars submitted by the applicant,
may, within 28 days from the date on which the Authority notify the applicant of their decision or the date on which the Authority are, under article 11(6) or 12(3) of this Order, deemed to have refused the application, appeal to the Secretary of State.
2
An appeal under paragraph (1) above shall be made by notice in writing stating the grounds of the appeal.
3
A person who appeals under paragraph (1) above shall give to the Authority notice of his appeal accompanied by a copy of his statement of appeal; and the Authority shall, within 28 days of the receipt of the notice, be entitled to furnish to the Secretary of State their observations on the appeal.
4
On an appeal under this article the Secretary of State may–
a
dismiss the appeal; or
b
require the Authority to grant the licence or, as the case may be, to give their approval upon such terms or conditions and with such modifications (if any) of plans, sections and particulars as the Secretary of State may specify.
5
The Authority shall give effect to any decision or requirement given or made by the Secretary of State under paragraph (4) above.
Provision of vessels and towage services
14
The Authority may construct, purchase, contract for or hire, and may maintain and use, vessels required by the Authority for carrying out their functions, including tugs for the use and accommodation of vessels, and may sell or dispose of any such vessels.
Power to acquire and dispose of business or shares
15
1
The Authority may–
a
acquire by agreement–
i
any business or undertaking which consists wholly or mainly of the carrying out of harbour operations or so much of any business or undertaking as consists of the carrying out of such operations; or
ii
any business or undertaking which is wholly or mainly engaged in or which it is proposed should become wholly or mainly engaged in providing services or facilities which the Authority themselves are authorised to provide;
b
subscribe for or acquire any shares, stock, debentures, debenture stock or any other security of a like nature of a body corporate which is wholly or mainly engaged, or which it is proposed should become wholly or mainly engaged, in the provision, maintenance or operation of a harbour or in providing services or facilities which the Authority themselves are authorised to provide;
c
form and promote, or join with any other person in forming and promoting, a company for carrying on any function of the Authority;
d
dispose of or discontinue the whole or any part of their undertaking acquired under this article and held for the purposes of the Harbour but subject to all liabilities and obligations in respect thereof to which the Authority are subject; and
e
dispose of any share or other securities subscribed for or acquired under this article.
2
Nothing in this article shall authorise a company formed under sub-paragraph (c) of paragraph (1) above to exercise any of the powers of the Authority under–
a
the Harbours, Docks and Piers Clauses Act 1847 ;
b
the Harbours Act 1964 ; and
c
article 22 (Byelaws respecting harbour) of the Order of 1974.
Liability for safety of goods
16
The Authority shall not be responsible for the safety of goods deposited in any part of the harbour estate not specifically set apart by the Authority for the purpose of warehousing.
Application of certain provisions of Order of 1974
17
The provisions of articles 9 to 14 of the Order of 1974 (which contain certain requirements with respect to works) shall (so far as applicable) apply, as well as to tidal works as defined in that Order, to so much of any work which the Authority have constructed under any other statutory provision of local application as is on, under or over tidal waters or tidal land below the level of high water.
Repeals
18
1
Sections XXII , XXIII , XXIV and XXV of the Montrose Harbour Act 1850 , sections 19 to 22 of the Montrose Harbour Act 1866 and sections 12 to 14 and 20 of the Montrose Harbour Order 1878 are hereby repealed.
2
On the new constitution date, section XI of the Montrose Harbour Act 1850 shall be repealed and the Order of 1978 shall be revoked.
Signed by authority of the Secretary of State for Transport
Patrick McLoughlin
Parliamentary Under Secretary of State,
Department of Transport
4th June 1991


text:
Citation, commencement and interpretation
1
–
1
These Regulations may be cited as the Income Support (Transitional) Amendment Regulations 1991 and shall come into force as follows–
a
for the purposes of regulations 1 and 2(1) and (3), on 1st October 1991,
b
for the purposes of regulations 2(2) and 3, on the date on which the increase of child benefit to which those regulations refer is treated as paid in accordance with regulation 31 of the Income Support (General) Regulations 1987 (date on which income is treated as paid).
2
In these Regulations “the principal Regulations ” means the Income Support (Transitional) Regulations 1987 .
Amendment of regulation 14 of the principal Regulations
2
–
1
Regulation 14 of the principal Regulations (reduction and termination of transitional and personal expenses addition) shall be amended in accordance with paragraphs (2) and (3).
2
After paragraph (1C) the following new paragraph shall be inserted–
1CA
Notwithstanding paragraph (1)(b), (c) or (e) the amount of a claimant’s transitional addition shall not be reduced if, and to the extent that, the increase in his income or, as the case may be, the reason his income exceeds his applicable amount is attributable to the amendments made by regulation 2 of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Amendment No. 2 Regulations 1991 .
.
3
After paragraph (1D) the following new paragraph shall be inserted–
1DA
Notwithstanding paragraph (1)(a) or (d), the amount of a claimant’s transitional addition shall not be reduced if, and to the extent that, the increase in his applicable amount is attributable to the amendments made by regulation 15(a), (b) or (c) of the Income Support (General) Amendment No.4 Regulations 1991 and that increase in his applicable amount takes effect in his benefit week beginning on a day during the period of 7 days commencing on 1st October 1991.
.
Amendment of regulation 15 of the principal Regulations
3
In regulation 15 of the principal Regulations (special transitional addition) in paragraph (2) the following words shall be added at the end–
or to the receipt of an increase in the weekly rate of child benefit which is attributable to the amendments made by regulation 2 of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Amendment No.2 Regulations 1991.
.
Signed by authority of the Secretary of State for Social Security.
Ann Widdecombe
Parliamentary Under-Secretary of State,
Department of Social Security
10th July 1991


text:
1
This Order may be cited as the Merchant Shipping (Prevention of Oil Pollution) (Amendment) Order 1991 and shall come into force on the 14th day after the day on which it is made.
2
The Merchant Shipping (Prevention of Oil Pollution) Order 1983 is hereby amended by adding the following to article 3(1), after sub-paragraph (f) —
g
in connection with offences created by the regulations, corresponding to provision made in connection with offences under section 2(2A) of the Prevention of Oil Pollution Act 1971 by any provision of —
a
section 19(4A) of that Act, and
b
sections 19A and 20 of that Act,
and the Regulations may do so whether by applying (or making provision for the application of) any of those provisions, subject to such modifications as may be specified, or otherwise.
3
This Order shall not apply in relation to any offence committed before it comes into force.
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Housing Benefit and Community Charge Benefit (Subsidy) Regulations 1991 and shall come into force on 1st April 1991.
2
In these Regulations —
“ the Act ” means the Social Security Act 1986
“the 1987 Regulations ” means the Housing Benefit (General) Regulations 1987
“the 1989 Regulations ” means the Community Charge Benefits (General) Regulations 1989
“authority” —
with respect to claims for community charge benefit subsidy, means a charging authority to which section 3IB(2) of the Act refers or, as the case may be, a levying authority to which section 3IB(3) of the Act refers ;
with respect to claims for housing benefit subsidy, means a housing, rating or local authority or, as the case may be, in Scotland a levying authority;
“community charge rebate” means a rebate to which section 28(1)(aa) of the Act refers;
“eligible rent” shall be construed in accordance with regulation 10 of the 1987 Regulations ;
“excess benefits” shall be construed in accordance with section 31D of the Act ;
“Housing Revenue Accounts rebates” has the meaning assigned by section 84(1) of the Act;
“ Subsidy Order ” means an Order in respect of the relevant year made under section 30(2) (subsidy order with respect to housing benefit) or section 31 F(2) (subsidy order with respect to community charge benefit) of the Act ;
“the relevant year” means the year In respect of which a claim for housing benefit subsidy or community charge benefit subsidy is made;
“rent rebate” and “rent allowance” shall be construed in accordance with section 28 of the Act but shall exclude, in the case of a local authority in England and Wales, any Housing Revenue Account rebates granted by them.
Particulars to be supplied by an authority to the Secretary of State in relation to a claim for housing benefit or community charge benefit subsidy
2
For the purposes of section 30(SB) of the Act (power for the Secretary of State to withhold payments of housing benefit subsidy or community charge benefit subsidy) the prescribed particulars which are to be supplied to Secretary of State by an authority in connection with its claim for housing benefit subsidy or community charge benefit subsidy for the relevant year are specified in the Schedule to these Regulations.
Conditions to be complied with on making a claim for housing benefit subsidy or community charge benefit subsidy
3
A claim for housing benefit subsidy or for community charge benefit subsidy shall be certified by the authority’s auditor and the authority making the claim shall in addition provide such information and produce such records as are required to satisfy the Secretary of State that the claim Is properly calculated and shall keep all records with a bearing on its claim in such a way as to enable them to show and the auditor to check, that entitlement to subsidy has been correctly calculated.
Time within which claims for housing benefit subsidy and community charge benefit subsidy are to be made and prescribed particulars provided to the Secretary of State
4
1
A claim in respect of housing benefit subsidy or community charge benefit subsidy must be received by the Secretary of State on or before the 30th September in the year following the relevant year.
2
Any particulars relating to a claim for subsidy to which regulation 2 and the Schedule to these Regulations refer, shall be supplied to the Secretary of State at the date the claim is made together with any certificates, records or other information required by the Secretary of State under regulation 3 (conditions to be complied with on making a claim for subsidy).
Signed by authority of the Secretary of State for Social Security.
Ann Widdecombe
Parliamentary Under-Secretary of State,
Department of Social Security
4th March 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Gloucestershire Ambulance Service 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 Gloucestershire Ambulance Service 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 Gloucestershire Ambulance Service 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 manage ambulance and associated transport services;
b
to manage such other services (including communications and training) relating to the provision of care, as can reasonably be carried out in conjunction with the management of ambulance and associated transport services,
from Ambulance Headquarters, Horton Road, Gloucester, GL1 3PX and to own associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman 4 non-executive directors and 4 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 Gloucester 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 Gloucester 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 Gloucester 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:
1
This Order may be cited as the District of Welwyn Hatfield (Electoral Arrangements) Order 1991.
2
This Order shall come into force on 2nd May 1991 except that, for the purpose of all proceedings preliminary or relating to an election to be held on or after that day, it shall come into force forthwith.
3
1
The map referred to in this Order is the map marked “MAP REFERRED TO IN THE DISTRICT OF WELWYN HATFIELD (ELECTORAL ARRANGEMENTS) ORDER 1991” and deposited with the Secretary of State.
2
Copies of the map, marked “COPY OF THE MAP REFERRED TO IN THE DISTRICT OF WELWYN HATFIELD (ELECTORAL ARRANGEMENTS) ORDER 1991” shall be deposited with the council of the District of Welwyn Hatfield and with the Director General of the Ordnance Survey and such copies shall, at all reasonable times, be open to inspection by any person.
3
Where a boundary is shown on the map as running along a road, railway line, footway, waterway or other similar geographical feature, it shall be treated as running along the centre line thereof.
4
1
The existing wards of the District of Welwyn Hatfield shall be abolished and that District shall be divided into sixteen wards which shall bear the names set out in column 1 of the Schedule to this Order, and each such ward shall comprise the area designated on the map by reference to the name of the ward, and demarcated by red lines thereon.
2
The number of councillors to be elected for each ward constituted by this Order shall be the number specified in column 2 of the Schedule to this Order opposite to the name of the ward as given in column 1 of that Schedule.
5
Subject to the provisions of article 6 below, the elections of councillors shall be by thirds.
6
1
Without prejudice to section 7(9)(c) of the Local Government Act 1972, the councillors who immediately before the coming into force of this Order represent the existing Handside, Hatfield Central, Hatfield North, Hatfield West, Hollybush, Howlands, Northaw, Peartree, Sherrards and Welham Green and Redhall wards of the District shall represent the ward of the same name as constituted by this Order.
2
Any casual vacancy existing immediately before the coming into force of this Order in the representation of one of those existing wards shall be deemed to exist in the representation of the ward of the same name as constituted by this Order.
3
The councillors who immediately before the coming into force of this Order represent the existing Brookmans Park and Little Heath, Haldens, Hatfield East, Welwyn East and Welwyn West wards of the District shall retire on 6th May 1991.
4
The councillors for the Brookmans Park and Little Heath, Haldens, Hatfield East, Panshanger, Welwyn North and Welwyn South wards of the District as constituted by this Order shall be elected at the ordinary elections of councillors in 1991.
5
Of the councillors elected in 1991 for the Brookmans Park and Little Heath, Haldens, Hatfield East, Panshanger and Welwyn South wards of the District —
a
one shall retire in 1992 being, subject to paragraphs (7) and (8) below, the councillor elected by the smallest number of votes;
b
one shall retire in 1994 being, subject as aforesaid, the councillor elected by the next smallest number of votes; and
c
the remaining councillor shall retire in 1995.
6
Of the councillors elected in 1991 for the Welwyn North ward of the District —
a
one shall retire in 1994 being, subject to paragraphs (7) and (8) below, the councillor elected by the smaller number of votes; and
b
the remaining councillor shall retire in 1995.
7
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any such year, the person to retire in that year shall be determined by lot.
8
If an election of councillors for any ward is not contested, the person to retire in each such year shall be determined by lot.
9
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen, and the drawing shall be conducted under the direction of the person presiding at the meeting.
10
In this article, the “District” means the District of Welwyn Hatfield.
7
The registration officer shall make such re-arrangement or alteration of the register of local government electors as may be necessary on account of the coming into force of this Order.
Home Office
Kenneth Baker
One of Her Majesty’s Principal Secretaries of State
15th March 1991


text:
1
This Order may be cited as the Merger Reference (Medicopharma NV and AAH Holdings plc) (Amendment) Order 1991 and shall come into force forthwith.
2
Article 2(b) of the Merger Reference (Medicopharma NV and AAH Holdings plc) Order 1991 shall not apply where–
a
goods had been supplied as specified in the said article 2(b) both by Medicopharma NV or a subsidiary thereof and by another person, and
b
the custom being, or to be, solicited is the custom enjoyed or formerly enjoyed by that other person.
Peter Lilley
Secretary of State for Trade and Industry
2nd December 1991


text:
Citation and commencement
1
These Regulations may be cited as the Insolvency (Amendment) Regulations 1991 and shall come into force on 2nd April 1991.
Interpretation
2
In these Regulations references to “the principal Regulations” are to the Insolvency Regulations 1986 .
Amendment of Regulation 20
3
There shall be substituted for Tables 1 and 2 set out in regulation 20(3) of the principal Regulations the following Tables 1 and 2 respectively–
Table 1
Grade or Status of Official Total hourly rate £
Official Receiver 44 Deputy Official Receiver 37 Senior Examiner 30 Senior Executive Officer 28 Examiner (D) 28 Higher Executive Officer 24 Examiner (E) 21 Executive Officer 20 Administrative Officer 16 Administrative Assistant 14
Table 2
Grade or Status of Official Total hourly rate £
Official Receiver 30 Deputy Official Receiver 25 Senior Examiner 25 Examiner (D) 23 Senior Executive Officer 21 Higher Executive Officer 19 Examiner (E) 18 Executive Officer 16 Administrative Officer 13 Administrative Assistant 10
John Redwood
Minister of State,
Department of Trade and Industry
27th February 1991


text:
1
These Rules be cited as the Fishing Vessels (Safety Provisions) (Amendment) Rules 1991 and shall come into force on 1st July 1991.
2
Part V of the Fishing Vessels (Safety Provisions) Rules 1975 shall be amended as follows:
3
In rule 124, after the words “Part II and Part III” there shall be inserted the following words:
other than rules 76(3)(a), 77(5)(a), 78(3)(a) and 79(b) (portable radio equipment)
.
4
After rule 125 the following new rules shall be inserted:
Radio Surveys
125A
A surveyor appointed in accordance with rule 125C shall carry out a survey (a “radio survey”) to ascertain whether the vessel complies with such of the requirements of the following rules as apply to it, viz:
rules 76(3)(a), 77(5)(a), 78(3)(a) and 79(b) of these Rules;
the Merchant Shipping (Radio) (Fishing Vessels) Rules 1974 ;
regulation 3 of the Fishing Vessels (Life Saving Appliances) Regulations 1988 .
Declaration of radio survey
125B
On completion of a radio survey the surveyor or British Telecommunications plc (hereinafter called “BT”) shall provide the Secretary of State with a declaration of radio survey.
125C
A radio survey and any periodical inspection relating to items included in a radio survey (a “periodical radio inspection”) shall, if it is to be carried out in the United Kingdom, be carried out by a surveyor appointed by BT and application for such survey or inspection shall be made to BT. A radio survey or periodical radio inspection to be carried out outside the United Kingdom shall be carried out by a surveyor appointed by BT or the Secretary of State and application shall be made accordingly to BT or the Secretary of State.
.
5
In rule 130(1) the words “the radio equipment and installations” shall be deleted.
6
In rule 130(5) before the words “shall endorse a record” the following words shall be inserted:
and if satisfied on receipt of a declaration of inspection pursuant to rule 131(2) that the vessel complies with the requirements of rule 131(1),
.
7
After rule 130 a new rule shall be inserted as follows:
Periodical radio inspection
131
1
Every vessel in respect of which a United Kingdom fishing vessel certificate is in force shall be periodically inspected by an appointed surveyor in accordance with rule 125C in order to ascertain that the installations and equipment required by the rules and regulations referred to in rule 125A are in an effective condition and comply with the applicable requirements of those rules and regulations.
2
The surveyor if satisfied after such periodical radio inspection that the vessel complies with the requirements specified in paragraph (1) shall provide the Secretary of State with a declaration of inspection to that effect.
3
Paragraph (4) of rule 130 shall apply to periodical radio inspection as it applies to other periodical inspections.
.
Signed by authority of the Secretary of State for Transport
Brabazon of Tara
Minister of State,
Department of Transport
7th June 1991


text:
Citation commencement interpretation and extent
1
1
These Regulations may be cited as the Disqualification for Caring for Children 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
any reference to a Schedule is to the Schedule to these Regulations.
3
These Regulations extend to Scotland only in so far as they provide for disqualification from registration under Part X of the Act (childminding and day care).
Disqualification from fostering a child privately or registration under Part X of the Act
2
For the purpose of section 68 (persons disqualified from being private foster parents) and of paragraph 2 of Schedule 9 to the Act (disqualification from registration), a person is disqualified from fostering a child privately or registering under section 71 of the Act (registration for child-minding and day-care) if —
a
he is a parent of a child who at any time has been made the subject of an order under section 31(1)(a) of the Act (care order);
b
one of the following orders has been made at any time with respect to a child so as to remove the child from his care or prevent the child living with him —
i
an order under section 31(1)(a) of the Act or an order under section 1(3)(c) or 7(7)(a) of the Children and Young Persons Act 1969 (care orders),
ii
any other order that would have been deemed to be a care order by virtue of paragraph 15 of Schedule 14 to the Act (transitional provisions for children in compulsory care) had it been in force immediately before the day on which Part IV of the Act comes into force,
iii
a supervision order which imposes a residence requirement under section 12AA of the Children and Young Persons Act 1969 (requirement that young offender live in local authority accommodation),
iv
an approved school order or a fit person order under section 9(1)(a) or (b) of the Children and Young Persons Act 1933 or section 61(1)(a) or (b) of the Children and Young Persons (Scotland) Act 1937 , or
v
a fit person order, parental rights order or a training school order under the Children and Young Persons Act (Northern Ireland) 1968 , or the Children and Young Persons Act (Northern Ireland) 1950 ;
c
a supervision requirement has been imposed under the Social Work (Scotland) Act 1968 at any time with respect to any child for the purpose of removing that child from his care;
d
his rights and powers with respect to the child had at any time been vested in a local authority in Scotland under the Social Work (Scotland) Act 1968 or the Children Act 1948 ;
e
an order has been made at any time, for the purposes of removing a child who was being kept, or was about to be received, by him, under —
i
section 34 of the Adoption Act 1976 or section 43 of the Adoption Act 1958 (removal of protected children from unsuitable surroundings),
ii
section 34 of the Adoption (Scotland) Act 1978 (removal of protected children from unsuitable surroundings), or
iii
article 35 of the Adoption (Northern Ireland) Order 1987 (removal of protected children from unsuitable surroundings);
f
an order removing a child from his care has been made at any time under —
i
section 12 of the Foster Children Act 1980 or Part I of the Children Act 1958 (removal of foster children),
ii
section 12 of the Foster Children (Scotland) Act 1984 (removal of foster children), or
iii
section 8(1) of the Children and Young Persons Act (Northern Ireland) 1968 or section 6(1) of the Children and Young Persons Act (Northern Ireland) 1950 (removal of foster children);
g
he has been convicted of any offence mentioned in the Schedule;
h
he is a person who carried on, or was otherwise concerned with the management of, or had any financial interest in, a voluntary home which was removed from the register under
i
section 57(4) of the Child Care Act 1980 ,
ii
paragraph 1(4) of Schedule 5 to the Act,
iii
section 99(4) of the Children and Young Persons Act (Northern Ireland) 1950, or
iv
section 127(4) of the Children and Young Persons Act (Northern Ireland) 1968;
i
there has been a refusal to register a voluntary home in relation to an application made by him under —
i
section 57(3) of the Child Care Act 1980 ,
ii
paragraph 1(2) of Schedule 5 to the Act,
iii
paragraph 5 of Schedule 5 to the Act,
iv
section 99(3) of the Children and Young Persons Act (Northern Ireland) 1950, or
v
section 127(3) of the Children and Young Persons Act (Northern Ireland) 1968;
j
there has been a refusal to register a registered children’s home in relation to an application made by him under paragraph 1 of Schedule 6 to the Act (application for registration);
k
he is a person who carried on or was otherwise concerned with the management of or had any financial interest in a registered children’s home and that home was removed from the register under paragraph 4 of Schedule 6 to the Act (cancellation of registration);
l
he is a person in respect of whom a prohibition has been imposed under —
i
section 69 of the Act (power to prohibit private fostering),
ii
section 10 of the Foster Children Act 1980 or Part I of the Children Act 1958 (power to prohibit private fostering), or
iii
section 10 of the Foster Children (Scotland) Act 1984, or a notice in writing is given by a Health and Social Services Board under section 1(3) of the Children and Young Persons Act (Northern Ireland) 1968 (withholding consent to the care and maintenance of the child being undertaken by a person);
m
he has at any time been refused registration in respect of nurseries day care or child minding or had any such registration cancelled under —
i
section 1 of the Nurseries and Child-Minders Regulation Act 1948 ,
ii
section 5 of the Nurseries and Child-Minders Regulation Act 1948,
iii
Part X of the Act,
iv
section 11(5) of the Children and Young Persons Act (Northern Ireland) 1968, or
v
section 15 of the Children and Young Persons Act (Northern Ireland) 1968.
n
he has at any time been refused registration or had such registration cancelled under section 62 of the Social Work (Scotland) Act 1968 (registration of establishments).
Disqualification in relation to voluntary homes
3
1
A person who is disqualified under section 68 of the Act from fostering a child privately shall not carry on, or be otherwise concerned in the management of, or have any financial interest in, a voluntary home unless he has —
a
disclosed to the Secretary of State the fact that he is so disqualified; and
b
obtained his written consent.
2
No person shall employ a person who is so disqualified in a voluntary home unless he has —
a
disclosed to the Secretary of State the fact that that person is so disqualified; and
b
obtained the written consent of the Secretary of State.
3
Where the Secretary of State refuses to give his consent under this regulation he shall inform the person carrying on or intending to carry on the voluntary home by a written notice which states —
a
the reason for the refusal;
b
the right to appeal against the refusal to a Registered Homes Tribunal under paragraph 5 of Schedule 5 to the Act; and
c
the time within which he may do so.
4
Any person who contravenes paragraph (1) or (2) of this regulation shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding 6 months or to a fine not exceeding level 5 on the standard scale, or to both.
Signed by authority of the Secretary of State for Health.
Virginia Bottomley
Minister of State,
Department of Health
16th September 1991
Michael Forsyth
Minister of State, Scottish Office
17th September 1991


text:
Citation and commencement
1
These Regulations may be cited as the National Health Service (Appellate Functions) (Directions to Authorities) Regulations 1991 and shall come into force on 1st April 1991.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“ the Act ” means the National Health Service Act 1977;
“a Family Authority” means a Family Health Services Authority ;
“a Regional Authority” means a Regional Health Authority;
“relevant appellate functions” means the functions which by virtue of section 13 of the Act and of these Regulations are exercisable by Regional Authorities, including, in the case of the Yorkshire Authority, the functions made exercisable by it under regulation 4;
“the relevant Regional Authority” means, in relation to any Family Authority, the Regional Authority in whose region the whole or the greater part of the locality of that Family Authority lies;
“the Schedule” means the Schedule to these Regulations;
“the Yorkshire Authority” means the Regional Authority established for the Counties of Humberside, North Yorkshire and West Yorkshire .
2
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.
Appellate functions made exercisable by Regional Authorities
3
Where by virtue of any provision of the National Health Service (General Medical and Pharmaceutical Services) Regulations 1974 mentioned in the Schedule to these Regulations an appeal lies to the Secretary of State from any decision of a Family Authority in England, the functions of the Secretary of State in relation to the appeal shall, subject to regulation 4, be exercised on his behalf by the Regional Authority which is the relevant Regional Authority in relation to that Family Authority.
Exercise of appellate functions by Regional Authorities
4
A Regional Authority (other than the Yorkshire Authority) shall make arrangements for the exercise of the relevant appellate functions on its behalf by the Yorkshire Authority.
Exercise of appellate functions by Yorkshire Regional Authority
5
1
The Yorkshire Authority shall, as respects its relevant appellate functions, make arrangements for the exercise of those functions on its behalf —
a
as respects any appeal arising under a provision mentioned in Part I of the Schedule, by an officer of that Authority;
b
as respects any appeal arising under a provision mentioned in Part II or Part III of the Schedule, by a committee which shall be established by that Authority for the purpose and constituted in accordance with paragraph (2) or, as the case may be, (3).
2
Any committee established for the purposes of paragraph (1)(b) in relation to an appeal arising under a provision mentioned in Part II of the Schedule —
a
shall consist of no more than 5 members, a majority of whom shall be lay persons; but
b
shall not include —
i
in the case of an appeal arising under paragraph 4 of Schedule 4C to the National Health Service (General Medical and Pharmaceutical Services) Regulations 1974, any person whose name is included in a list published under section 42(2)(a) of the Act (lists of persons undertaking to provide pharmaceutical services) or any employee of such a person,
ii
in the case of any appeal in relation to which this paragraph applies, any person whose name is included in any list published under section 29(2)(a) or 42(2)(a) of the Act (lists of persons undertaking to provide general medical services or pharmaceutical services) by the Family Authority whose decision is the subject of the appeal, or any employee of such a person.
3
Subject to paragraph (4), any committee established for the purposes of paragraph (1)(b) in relation to an appeal arising under the provision mentioned in Part III of the Schedule shall comprise a chairman and two other members, of whom —
a
the chairman shall be a barrister or a solicitor;
b
one of the other members shall be a medical practitioner whose name is included in a list published by a Family Authority under section 29(2)(a) of the Act; and
c
the remaining member shall be a medical practitioner.
4
A medical practitioner shall not be appointed as a member of a committee mentioned in paragraph (3) if his name is included in the list published under section 29(2)(a) of the Act by the Family Authority whose decision is the subject of the appeal in relation to which the committee is established.
5
In this regulation, “lay person” means a person who is not, and never has been —
a
a medical practitioner;
b
a dental practitioner;
c
a registered pharmacist;
d
a registered ophthalmic optician or a registered dispensing optician within the meaning of the Opticians Act 1989 ;
e
a registered nurse, a registered midwife or a registered health visitor .
Transitional provisions
6
1
Where, before 1st April 1991, an appeal has been brought under any provision mentioned in the Schedule as then in force, the provisions of Regulations governing the consideration and determination of such an appeal immediately before that date shall continue to have effect in relation to that appeal as if these Regulations had not come into force.
2
Where, after 1st April 1991, an appeal is made under regulation 33C(8) of the National Health Service (General Medical and Pharmaceutical Services) Regulations 1974 in respect of the determination by a Local Medical Committee on or after that date of a question arising under regulation 20 of the National Health Service (Service Committees and Tribunal) Regulations 1974 , that appeal shall be treated for the purposes of regulations 3 and 5(4) of these Regulations as if it were an appeal against the decision of the Family Authority for the locality in respect of which that Local Medical Committee is recognised .
Signed by authority of the Secretary of State for Health.
Virginia Bottomley
Minister of State,
Department of Health
8th March 1991


text:
Citation and commencement
1
These Regulations may be cited as the Food Hygiene (Amendment) Regulations 1991, and shall come into force on 5th July 1991.
Amendment of the Food Hygiene (Markets, Stalls and Delivery Vehicles) Regulations 1966 and the Food Hygiene (General) Regulations 1970
2
1
In regulation 2(1) of the Food Hygiene (Markets, Stalls and Delivery Vehicles) Regulations 1966 , after the definition of “preparation” there shall be inserted the following —
“railway” means a railway having a gauge of 350 millimetres or more used for the purpose of public transport of passengers, but does not include —
a tramway;
a railway laid on a beach or pier; or
a railway providing communication between the top and bottom of a cliff;
.
2
Regulation 12 of the Food Hygiene (Markets, Stalls and Delivery Vehicles) Regulations 1966 shall be amended in accordance with the provisions of Schedule 1 to these Regulations.
3
Regulation 27 of the Food Hygiene (General) Regulations 1970 shall be amended in accordance with the provisions of Schedule 2 to these Regulations.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed this 4th day of June 1991.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Signed by authority of the Secretary of State for Health.
Stephen Dorrell
Parliamentary Under Secretary of State,
Department of Health
5th June 1991
David Hunt
Secretary of State for Wales
5th June 1991