text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Income Support (General) Amendment No. 4 Regulations 1991 and shall, subject to paragraph (2) below, come into force as follows —
a
regulations 1, 2, 10 to 12, 14 and 15(e), on 5th August 1991;
b
regulations 15(a) to (c), 16 and 17, on 1st October 1991;
c
regulations 4, 6 to 9, 13, 15(d), 18 to 21 and regulations 22 to 24 only insofar as they relate to regulations 4 and 13(b), on 7th October 1991;
d
regulations 3 and 5 and regulations 22 to 24 only insofar as they relate to regulation 3, on 7th April 1992.
2
These Regulations shall not apply in relation to a particular claimant until the beginning of the first benefit week to commence for that claimant on or after the date specified in paragraph (1); and for this purpose the expressions “claimant” and “benefit week” have the same meanings as in the General Regulations .
3
In these Regulations “the General Regulations” means the Income Support (General) Regulations 1987 .
Amendment of regulation 2 of the General Regulations
2
In regulation 2(1) of the General Regulations (interpretation) , after the definition of “invalid carriage or other vehicle”, there shall be inserted the following definition —
“last day of the course” has the meaning prescribed in regulation 61 for the purposes of the definition of “period of study”;
.
Amendment of regulation 5 of the General Regulations
3
In regulation 5(1) of the General Regulations (persons treated as engaged in remunerative work), for the words “not less than 24 hours” there shall be substituted the words “not less than 16 hours”.
Amendment of regulation 6 of the General Regulations
4
In regulation 6 of the General Regulations (persons not treated as engaged in remunerative work) —
a
for paragraph (a) there shall be substituted the following paragraph —
a
he is mentally or physically disabled, and by reason of that disability —
i
his earnings are reduced to 75 per cent. or less of what a person without that disability and working the same number of hours would reasonably be expected to earn in that employment or in comparable employment in the area; or
ii
his number of hours of work are 75 per cent. or less of what a person without that disability would reasonably be expected to undertake in that employment or in comparable employment in the area.
b
after paragraph (f) there shall be added the following paragraph —
g
he is in employment and lives in, or is temporarily absent from, a residential care home, a nursing home or residential accommodation and his, or his partner's, applicable amount falls to be calculated in accordance with Part I of Schedule 4 (applicable amounts of persons in residential care and nursing homes) or, as the case may be, paragraph 9, 10 to 10D, 13, 16 or 18 of Schedule 7 (applicable amounts in special cases).
.
Amendment of regulation 7 of the General Regulations
5
In regulation 7(1) of the General Regulations (meaning of employment) , in sub-paragraph (c), for the words “not less than 24 hours” there shall be substituted the words “not less than 16 hours”.
Amendment of regulation 13 of the General Regulations
6
In regulation 13 of the General Regulations (circumstances in which persons in relevant education are to be entitled to income support) —
a
in paragraph (2), for the words “a young person” there shall be substituted the words “a person aged 16 or over but under 19 (hereinafter referred to as an eligible person)”;
b
in paragraph (3) —
i
in sub-paragraph (a), for the words “a young person’s parents” there shall be substituted the words “an eligible person’s parents”;
ii
in sub-paragraphs (a)(i) and (ii), for the word “young” there shall be substituted the word “eligible” on each occasion where it appears.
Amendment of regulation 28 of the General Regulations
7
In regulation 28 of the General Regulations (calculation of income), for paragraph (2) there shall be substituted the following paragraph —
2
For the purposes of paragraph (1) “income” includes capital treated as income under regulation 41 (capital treated as income) and income which a claimant is treated as possessing under regulation 42 (notional income).
.
Amendment of regulation 42 of the General Regulations
8
In regulation 42(4) of the General Regulations (notional income) , in subparagraph (a)(ii) —
a
the words “community charge, water charges, or” shall be deleted; and
b
at the end, there shall be added the words “, or is used for any personal community charge, collective community charge contribution or water charges for which that claimant or member is liable”.
Amendment of regulation 51 of the General Regulations
9
In regulation 51(3) of the General Regulations (notional capital) , in subparagraph (a)(ii) —
a
the words “community charge, water charges, or” shall be deleted; and
b
at the end, there shall be added the words “, or is used for any personal community charge, collective community charge contribution or water charges for which that claimant or member is liable”.
Amendment of regulation 61 of the General Regulations
10
In regulation 61 of the General Regulations (interpretation) —
a
after the definition of “grant income” there shall be inserted the following definition —
“last day of the course” means the date on which the last day of the final academic term falls in respect of the course in which the student is enrolled;
;
b
in the definition of “period of study” —
i
in paragraph (a) for the words “to the end” there shall be substituted the words “and ending with the last day of the course”;
ii
in paragraph (b), after the words “any subsequent year of the course,” there shall be added the words “other than the final year of the course,”;
iii
after paragraph (b) there shall be added the following paragraph —
c
in the final year of a course of study of more than one year, the period beginning with that year’s start and ending with the last day of the course;
;
c
in the definition of “student”, in paragraph (a), for the words “the end of the course” there shall be substituted the words “the last day of the course”.
Amendment of regulation 62 of the General Regulations
11
In regulation 62(2)(g) of the General Regulations (calculation of grant income), for the sum “£246” there shall be substituted the sum “£257”.
Amendment of regulation 66A of the General Regulations
12
In regulation 66A(2) of the General Regulations (treatment of student loans) , in sub-paragraph (b) for the words “the date on which the course ends,” there shall be substituted the words “the last day of the course,”.
Amendment of Schedule 1 to the General Regulations
13
In Schedule 1 to the General Regulations (persons not required to be available for employment) —
a
for paragraph 4 (persons caring for another person), there shall be substituted the following paragraphs —
4
1
A person (the carer) —
a
who is regularly and substantially engaged in caring for another person if —
i
the person being cared for is in receipt of attendance allowance under section 35 of the Social Security Act ; or
ii
the person being cared for has claimed attendance allowance under that section but only for the period up to the date of determination of that claim, or the period of 26 weeks from the date of that claim, whichever date is the earlier; or
b
who is engaged in caring for another person and who is in receipt of an invalid care allowance under section 37 of the Social Security Act .
2
If paragraph (1) ceases to apply to the carer, he shall not be required to be available for employment for a period of eight weeks from the date upon which that paragraph ceased to apply to him.
4A
A person who, had he previously made a claim for income support, would not have been required to be available for employment by reason of subparagraph (1) of paragraph 4 for a period of 8 weeks from the date upon which that sub-paragraph would have ceased to apply to him.
;
b
for paragraph 6 (disabled workers), there shall be substituted the following paragraph —
6
A person to whom regulation 6(a) (persons not treated as engaged in remunerative work) applies.
;
c
after paragraph 6 there shall be inserted the following —
Persons in employment living in residential care homes, nursing homes or residential accommodation
6A
A person to whom regulation 6(g) applies.
;
d
in paragraph 17 (persons required to attend court), the words “for any period exceeding two days” shall be deleted.
Amendment of Schedule 1A to the General Regulations
14
In Schedule 1A to the General Regulations (circumstances in which a person aged 16 or 17 is eligible for income support) in paragraph 1, after the entry relating to paragraph 4 (persons caring for another person) there shall be inserted the following entries —
paragraph 7 (disabled students) paragraph 7A paragraph 7B
Amendment of Schedule 2 to the General Regulations
15
In Schedule 2 to the General Regulations (applicable amounts) —
a
in column (2) of paragraph 1 —
i
in sub-paragraphs (1)(a) and (2)(a) for the sum “£23.65” there shall be substituted the sum “£23.90”;
ii
in sub-paragraphs (1)(b) to (d), (2)(b) and (c) for the sum “£31.15” there shall be substituted the sum “£31.40” ;
b
for paragraph 2 , there shall be substituted the following paragraph —
2
The weekly amounts specified in column (2) below in respect of each person specified in column (1) shall be the weekly amounts specified for the purposes of regulations 17(1)(b) and 18(1)(c).
(1) (2) Child or Young Person Amount
Person aged —
a
less than 11;
a
£13.60;
b
not less than 11 but less than 16;
b
£20.00;
c
not less than 16 but less than 18;
c
£23.90;
d
not less than 18.
d
£31.40.;
c
in Part II, in paragraph 3 , for the sum “£7.95” there shall be substituted the sum “£8.70”;
d
in paragraph 14ZA (carer premium) —
i
in sub-paragraph (1), at the beginning, there shall be inserted the words “Subject to sub-paragraphs (3) and (4),”;
ii
after sub-paragraph (2) there shall be added the following sub-paragraphs —
3
Where a carer premium is awarded but the person in respect of whom it has been awarded either ceases to be in receipt of, or ceases to be treated as being in receipt of, invalid care allowance, the condition for the award of the premium shall be treated as satisfied for a period of eight weeks from the date on which that person ceased to be in receipt of, or ceased to be treated as being in receipt of, invalid care allowance.
4
Where a person who has been receiving, or who has been treated as receiving invalid care allowance ceases to be in receipt of, or ceases to be treated as being in receipt, of that allowance and makes a claim for income support, the condition for the award of the carer premium shall be treated as satisfied for a period of eight weeks from the date that the person was last in receipt of, or was last treated as being in receipt of, invalid care allowance.
;
e
in paragraph 14A (persons in receipt of concessionary payments) , for the words “under paragraphs 12 to 14” there shall be substituted the words “under paragraphs 12 to 14ZA”.
Amendment of Schedule 3A to the General Regulations
16
In Schedule 3A to the General Regulations (protected sum) , in paragraph 5 (reduction of protected sum) —
a
in sub-paragraph (1), for the words “sub-paragraphs (2), (3) and (4)” there shall be substituted the words “sub-paragraphs (2) to (5)”;
b
after sub-paragraph (4) there shall be added the following sub-paragraph —
5
Where by virtue of the coming into force of regulation 15(a), (b) or (c) of the Income Support (General) Amendment No. 4 Regulations 1991 a claimant’s applicable amount increases in his benefit week beginning on a day during the period of 7 days commencing on 1st October 1991, no account shall be taken of that increase.
.
Amendment of Schedule 3B to the General Regulations
17
In Schedule 3B to the General Regulations (protected sum) , in paragraph 4 (reduction of protected sum) —
a
in sub-paragraph (1), for the words “sub-paragraphs (2) and (3)” there shall be substituted the words “sub-paragraphs (2) to (4)”;
b
after sub-paragraph (3) there shall be added the following sub-paragraph —
4
Where by virtue of the coming into force of regulation 15(a), (b) or (c) of the Income Support (General) Amendment No. 4 Regulations 1991 a claimant’s applicable amount increases in his benefit week beginning on a day during the period of 7 days commencing on 1st October 1991, no account shall be taken of that increase.
.
Amendment of Schedule 4 to the General Regulations
18
In Part II of Schedule 4 to the General Regulations (applicable amounts of persons in residential care and nursing homes) after paragraph 17 there shall be added the following paragraph —
18
A person who is living in a residential care home within the meaning of paragraph (d) of the definition of “residential care home” in regulation 19(3) and who is not in receipt of personal care by reason of old age, disablement, past or present dependence on alcohol or drugs or past or present mental disorder.
.
Amendment of Schedule 7 to the General Regulations
19
In Schedule 7 to the General Regulations (applicable amounts in special cases) , in column (1) —
a
in paragraph 11A for the words “circumstances specified in regulation 4(3)(a) to (d)” there shall be substituted the following —
in the circumstances specified in paragraph (2).
2
For the purposes of sub-paragraph (1), the specified circumstances are —
a
in respect of a claimant, those in regulation 4(3)(a) to (d);
b
in respect of a claimant’s partner, as if regulation 4(3)(a) to (d) applied to that partner.
;
b
in paragraph 12A for the words “circumstances specified in regulation 4(3)(a) to (d)” there shall be substituted the following —
in the circumstances specified in paragraph (2).
2
For the purposes of sub-paragraph (1), the specified circumstances are —
a
in respect of a claimant, those in regulation 4(3)(a) to (d);
b
in respect of a claimant’s partner or partners, as the case may be, as if regulation 4(3)(a) to (d) applied to that partner or those partners.
.
Amendment of Schedule 9 to the General Regulations
20
In Schedule 9 to the General Regulations (sums to be disregarded in the calculation of income other than earnings) —
a
in paragraph 15(2) (disregard of charitable and voluntary payments from income) —
i
the words “community charge, water charges, or” shall be omitted; and
ii
at the end, there shall be added the words “, or is used for any personal community charge, collective community charge contribution or water charges for which that claimant or member is liable”;
b
in paragraph 16 (disregard of £10 from certain pensions), for sub-paragraph (b) there shall be substituted the following sub-paragraph —
b
a pension paid by the government of a country outside Great Britain which is either —
i
analogous to a war disablement pension; or
ii
analogous to a war widow’s pension;
.
Amendment of Schedule 10 to the General Regulations
21
In Schedule 10 to the General Regulations (capital to be disregarded) , in paragraph 23, following the word “occupational” there shall be added the words “or personal”.
Saving Provision
22
1
Where this regulation applies to a person, regulation 5 of, or, as the case may be, regulation 6(a) of, and paragraph 6 of Schedule 1 to, the General Regulations shall continue to apply to him until the occurrence of one of the events specified in regulation 23 of these Regulations as if the amendments made by regulation 3 or, as the case may be, regulations 4(a) and 13(b) of these Regulations, had not been made.
2
This regulation applies to a person —
a
who satisfied the relevant qualifying condition in the week immediately preceding the date on which regulation 3 or, as the case may be, regulations 4(a) and 13(b) of these Regulations came into force; and
b
who in that week was, or whose partner was, entitled to income support.
3
This regulation applies to a person —
a
who satisfied the relevant qualifying condition in at least one of the eight weeks immediately preceding the date on which regulation 3 or, as the case may be, regulations 4(a) and 13(b) of these Regulations came into force, but who did not satisfy that condition in the week immediately preceding that date; and
b
who in the week in which he satisfied that condition was, or whose partner was, entitled to income support; and
c
who in a week commencing not more than eight weeks after the date on which he last satisfied the relevant qualifying condition, again satisfies that condition and in that week he, or his partner, is entitled to income support.
4
This regulation applies to a person —
a
who, or whose partner, ceased to be entitled to income support because he, or his partner, became engaged in remunerative work for a period not exceeding the permitted period determined in accordance with regulation 24 of these Regulations and that period had commenced but had not ended before the coming into force of regulation 3 or regulations 4(a) and 13(b) of these Regulations, as the case may be; and
b
who satisfied the relevant qualifying condition in the week immediately before that period commenced; and
c
who in the week which commences immediately after the date on which that period ends, again satisfies the relevant qualifying condition and in that week he, or his partner, is entitled to income support.
5
This regulation applies to a person —
a
who, or whose partner, was entitled to income support immediately before he or his partner participated in arrangements for training made under section 2 of the Employment and Training Act 1973 or section 2 of the Enterprise and New Towns (Scotland) Act 1990 or attended a course at an employment rehabilitation centre established under section 2 of the Employment and Training Act 1973 and that training or course had commenced but had not ended before the coming into force of regulation 3 or regulations 4(a) and 13(b) of these Regulations, as the case may be; and
b
who satisfied the relevant qualifying condition in the week immediately before the commencement of the period during which he or his partner participated in that training or attended that course; and
c
who in a week commencing not more than eight weeks after the date on which that period ends, again satisfies the relevant qualifying condition and in that week he, or his partner, is entitled to income support.
6
For the purposes of determining whether —
a
regulation 5 of the General Regulations continues to apply to a person as if the amendment made thereto by regulation 3 of these Regulations had not been made, the relevant qualifying condition is that he is engaged in work, or where his hours of work fluctuate, engaged on average, for at least 16 hours but less than 24 hours a week; or
b
regulation 6(a) of, and paragraph 6 of Schedule 1 to, the General Regulations continue to apply to a person as if the amendments made thereto by regulations 4(a) and 13(b) of these Regulations had not been made, the relevant qualifying condition is that he is engaged in work, he is mentally or physically disabled and his earning capacity is, by reason of that disability, reduced to 75 per cent. or less of what he would, but for that disability, be reasonably expected to earn.
7
In this regulation and in regulations 23 and 24 of these Regulations except where the context otherwise requires, the terms used have the same meanings as in the General Regulations.
Circumstances in which regulation 22 ceases to apply
23
1
Subject to paragraph (2) of this regulation, regulation 22 of these Regulations shall cease to apply to a person if —
a
he ceases to satisfy the relevant qualifying condition; or
b
he, or his partner, ceases to be entitled to income support,
for a period in excess of eight consecutive weeks.
2
For the purposes of paragraph (1) of this regulation —
a
except where sub-paragraph (b) of this paragraph applies, in a case where the person, or his partner, ceases to be entitled to income support because he, or his partner, becomes engaged in remunerative work, no account shall be taken of any period during which he, or his partner, was not entitled to income support, not exceeding the permitted period determined in accordance with regulation 24 of these Regulations;
b
no account shall be taken of —
i
any period during which the person, or his partner, was participating in arrangements for training made under section 2 of the Employment and Training Act 1973 or section 2 of the Enterprise and New Towns (Scotland) Act 1990 or attending a course at an employment rehabilitation centre established under section 2 of the Employment and Training Act 1973; and
ii
a further period not exceeding eight consecutive weeks commencing immediately after the end of the period referred to in head (i) of this subparagraph.
Permitted period
24
1
For the purposes of regulations 22 and 23 of these Regulations, where a person has ceased to be entitled to income support —
a
because he, or his partner, becomes engaged in remunerative work the permitted period, subject to paragraph (2) of this regulation, shall be twelve weeks; or
b
for any other reason, the permitted period shall be eight weeks.
2
Subject to paragraph (3) of this regulation, where that person, or his partner, has ceased to be engaged in the remunerative work referred to in paragraph (1)(a) of this regulation the permitted period shall be eight weeks if —
a
that person’s weekly applicable amount is reduced under regulation 22 of the General Regulations (reductions in applicable amounts in certain cases of actual or notional unemployment benefit disqualification) because of the cessation of that work; or
b
that person, or his partner, has ceased to be engaged in that work within 6 weeks of beginning it; or
c
at any time during the period of 26 weeks immediately preceding the beginning of that work, the person who has ceased to be so engaged —
i
was engaged in remunerative work; or
ii
was in relevant education; or
iii
was a student.
3
Paragraph (2)(b) or (c) of this regulation shall not apply if, by virtue of section 20A(2) of the Social Security Act 1975 (exemptions from disqualification for unemployment benefit) , the person who has ceased to be engaged in remunerative work is exempted from disqualification for receiving unemployment benefit.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
8th July 1991


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North East Essex Mental Health National Health Service Trust (Establishment) Order 1991 and shall come into force on 1st November 1991.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of or Schedule 1 to the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 1st November 1991;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the North East Essex Mental Health National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the North East Essex Mental Health National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at Mental Health Services, Severalls Hospital, Boxted Road, Colchester, Essex, CO4 5HG and associated hospitals;
b
to manage community health services provided from Mental Health Services, Severalls Hospital, Boxted Road, Colchester, Essex, CO4 5HG and to own the 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 1st April 1992.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The North East Essex Health Authority shall —
a
until the operational date make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The North East Essex Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the North East Essex 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 Finance Act 1985 (Interest on Tax) (Prescribed Rate) Order 1991 and shall come into force on 6th March 1991.
2
For the purposes of subsections (1), (3) and (6) of section 18 of the Finance Act 1985 the prescribed rate shall be 11.50 per cent.
Thomas Sackville
Sydney Chapman
Two of the Lords Commissioners of Her Majesty’s Treasury
26th February 1991


text:
Citation and commencement
1
These Regulations may be cited as the Customs Warehousing Regulations 1991 and shall come into force on 1st January 1992.
Interpretation
2
In these Regulations–
“ the Act ” means the Customs and Excise Management Act 1979 ;
“the customs and excise Acts” has the same meaning as in section 1(1) of the Act;
“relevant Community provision” means any provision of a Community Regulation specified in the first and second columns of the Schedule.
Amendment of the Customs and Excise Management Act 1979
3
1
Subject to regulation 4 below the Act shall be amended as follows.
2
In section 1(1) (interpretation)–
a
the definition of “customs warehouse” shall be omitted; and
b
there shall be inserted the following definition:
“victualling warehouse” means a place of security approved by the Commissioners under subsection (2) (whether or not it is also a place approved under subsection (1) of section 92 below).
3
In section 27 (officers' powers of boarding), there shall be inserted after subsection (1) the following–
1A
For the purposes of subsection (1) above “customs warehouse” means a victualling warehouse or a place approved by the Commissioners under Article 3 of Commission Regulation ( EEC ) No. 2561/90 .
4
In section 92 (approval of warehouses)–
a
for subsection (2) there shall be substituted the following–
2
Functions with respect to the approval of warehouses for the purposes of Article 38 of Commission Regulation (EEC) No. 3665/87 shall be exercised by the Commissioners; and a warehouse approved by them for such purposes is referred to in this Act as a “victualling warehouse”.
b
in subsection (3), for “customs” there shall be substituted “victualling”; and
c
in subsection (4), for “customs warehouse” there shall be substituted “victuall ing warehouse”.
5
In section 98(4) (definition of prescribed period for purposes of procedure when warehouse ceases to be approved) for “customs warehouse” there shall be substituted “victualling warehouse”.
Value Added Tax
4
The amendments made to the Act by regulation 3 above shall not have effect in relation to the application of the Act by virtue of section 24(1) of the Value Added Tax Act 1983 .
Offences, penalty and forfeiture
5
In the event of any contravention or failure to comply with–
a
any relevant Community provision; or
b
any requirement or condition imposed by or under any such provision; or
c
any undertaking given pursuant to any such provision or requirement,
the person responsible for the contravention or failure shall be liable on summary conviction to a penalty of level 3 on the standard scale together with a penalty of £40 for each day on which such contravention or failure continues; and any goods in respect of which such offence was committed shall be liable to forfeiture.
Supplementary
6
1
Section 139 of and Schedule 3 to the Act (detention, seizure and condemnation of goods) shall apply to any goods liable to forfeiture under regulation 5 above as if the goods were liable to forfeiture under the customs and excise Acts.
2
Sections 144 to 148 and 150 to 155 of the Act (proceedings for offences, mitigation of penalties, proof and other matters) shall apply in relation to offences and penalties under regulation 5 above and proceedings for such offences or for condemna tion of any thing as being forfeited under that regulation as they apply in relation to offences and penalties and proceedings for offences or for condemnation under the customs and excise Acts.
King’s Beam House,22 Upper Ground,LondonSE1 9PJ
Alexander W. Russell
Commissioner of Customs and Excise
4th December 1991


text:
Citation, commencement and interpretation
1
1
This Scheme may be cited as the Workmen’s Compensation (Supplementation) Amendment Scheme 1991 and shall come into force on 10th April 1991.
2
In this Scheme,–
“the operative date” means 10th April 1991;
“the principal Scheme” means the Workmen’s Compensation (Supplementation) Scheme 1982 ;
“lesser incapacity allowance” means the allowance payable in accordance with article 5 of the principal Scheme.
3
Expressions used in this Scheme and in the principal Scheme have the same meaning in this Scheme as they have in the principal Scheme.
Amendment of article 5 of the principal Scheme
2
Paragraph (2) of article 5 of the principal Scheme shall be amended by substituting for the date “11th April 1990” the date “10th April 1991”.
Substitution of Schedule 1 to the principal Scheme
3
For Schedule 1 to the principal Scheme (table of rates of lesser incapacity allowance for beneficiaries to whom article 5(2) applies and table of loss of earnings and corresponding rate of lesser incapacity allowance) there shall be substituted the Schedule set out in the Schedule to this Scheme.
Transitional provision relating to amount of allowance payable
4
1
The provisions of paragraph (2) of this article shall apply to a beneficiary who was, before the operative date, in receipt of a lesser incapacity allowance but in respect of whom the final calculation of earnings required by article 7(2) of the principal Scheme had not been made by that date.
2
In such a case as is referred to in paragraph (1) above the beneficiary shall be treated as entitled, from the operative date, to an allowance at the rate to which he would have been entitled had the final calculation been made before the operative date.
Transitional provision relating to claims not made before the operative date
5
1
Paragraph (2) oof this article shall apply to a person whose claim for lesser incapacity allowance was not made before the operative date and who is awarded such allowance for a period after the operative date at one of the rates shown in the second column of Part II of Schedule 1 to the principal Scheme.
2
Any lesser incapacity allowance which is found to be payable to a person mentioned in paragraph (1) in respect of a period before the operative date shall–
a
in so far as it relates to the period from 11th April 1990 to 9th April 1991 inclusive, be paid at the rate shown in the first column of Part I of Schedule 1 to the principal Scheme which corresponds to the rate awarded to him for the period after the operative date; and
b
in so far as it relates to a period before 11th April 1990, be paid at the rate or rates then in force which corresponds or correspond to the rate awarded to him for the period after the operative date.
Transitional provision relating to claims made but not determined before the operative date
6
–
1
Paragraph (2) of this article shall apply to a person whose claim for lesser incapacity allowance was made but not determined before the operative date.
2
Any lesser incapacity allowance which is found to be payable to a person mentioned in paragraph (1) in respect of a period before the operative date shall be paid at the rate or rates in force for that period which corresponds or correspond with that person’s loss of earnings.
Transitional provision relating to review and appeal
7
Where a lesser incapacity allowance has been awarded to a person under the principal Scheme before the operative date and a question arises as to the weekly rate of allowance payable in consequence of this Scheme, the case shall be reviewed by the adjudication officer in the light of amendments made by, and transitional provisions contained in, this Scheme and the allowance shall continue to be payable at the weekly rate specified in the award until the question has been determined in accordance with the provisions of the principal Scheme.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
13th March 1991
We consent,
Thomas Sackville
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
18th March 1991


text:
Citation, commencement and interpretation
1
This Order, which may be cited as the Medicines (Products Other ThanVeterinary Drugs) (Prescription Only) Amendment Order 1991, amends theMedicines (Products Other Than Veterinary Drugs) (Prescription Only)Order 1983 (hereinafter referred to as“the principal Order”) and shall come into force on 1st May 1991.
Amendment of article 3 of the principal Order
2
In article 3(1)(a) of the principal Order (medicinal products onprescription only), after the words“subject to article 4(1)” the words“and (1A)” are deleted and there are inserted the words“, (1A), (1B), (1C) and (1D),”.
Amendment of article 4 of the principal Order
3
In article 4 of the principal Order (medicinal products that are notprescription only), the following paragraph is inserted after paragraph(1C): —
1D
Notwithstanding Article 3(1)(a), a medicinal product shall notbe a prescription only medicine by reason that it consists of orcontains the substance Hyoscine Butylbromide where —
a
its route of administration is internal otherwise than by inhaler;
b
it is sold or supplied in a container or package containing notmore than 240 mg; and
c
its container or package is labelled to show a maximum daily doseof 80 mg and a maximum dose of 20 mg.
.
Amendment of Part I of Schedule 1 to the principal Order
4
In Part I of Schedule 1 to the principal Order (which listssubstances which render a medicinal product a prescription only medicineexcept in circumstances also listed) —
a
the following substances are inserted at the appropriate points inthe alphabetical order of the substances listed in Column 1, and in thecase of Vaccines at the appropriate points in the list ofvaccines, —
Amlodipine Besylate
Anistreplase
Cefuroxime Axetil
Domperidone Maleate
Enoxacin
Flutamide
Isradipine
Levobunolol Hydrochloride
Loxapine Succinate
Metoprolol Succinate
Metoprolol Fumarate
Milrinone Lactate
Nedocromil Sodium
Octreotide
Pamidronate Disodium
Pentamidine Isethionate
Perindopril
Propofol
Quinapril
Teicoplanin
Temocillin Sodium
Terodiline Hydrochloride
Tribavirin
Vaccines – Hepatitis B Vaccine
Meningococcal Polysaccharide Vaccine
Rubella, Mumps, Measles Vaccine
Vigabatrin
Zopiclone
Zuclopenthixol Decanoate;
b
the entry“Labetolol Hydrochloride” is substituted by the entry“Labetalol Hydrochloride”; and
c
the entry“Hyoscine Butylbromide” is amended by the deletion in Column 3 (Use, pharmaceutical form orroute of administration) of the words“(b) otherwise than by inhaler”, and in Column 4 (Maximum dose and maximum daily dose) of the words“(b) 3 mg (MD) 9 mg (MDD) (b)”.
Amendment of Part III of Schedule 1 to the principal Order
5
In Part III of Schedule 1 to the principal Order (medicinalproducts, specified by name and product licence number, which areprescription only medicines), the entry
Nicorette
0458/0020
0458/0021
is substituted by the entry
Nicorette Plus
0458/0021
.
Amendment of Table A of Part IV of Schedule 1 to the principalOrder
6
In Table A of Part IV of Schedule 1 to the principal Order(medicinal products specified by name and product licence number whichare not prescription only medicines), immediately after the entry“Wasp-Eze Hydrocortisone Cream 0232/0058” the following entry shall be inserted
Wasp-Eze Hydrocortisone Cream
8452/0012
.
Signed by authority of the Secretary of State for Health.
Virginia Bottomley
Minister of State,
Department of Health
8th April 1991
David Hunt
Secretary of State for Wales
5th April 1991
Signed by authority of the Secretary of State for Scotland.
Allan Stewart
Parliamentary Under-Secretary of State, Scottish Office
8th April 1991
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 8th April 1991.
Trumpington
Minister of State, Ministry of Agriculture, Fisheries and Food
Sealed with the Official Seal of the Department of Health and SocialServices for Northern Ireland this eighth day of April 1991.
F. A. Elliott
Permanent Secretary
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland this fifth day of April 1991.
W. J. Hodges
Permanent Secretary


text:
Citation and commencement
1
These Regulations may be cited as the Education (Mandatory Awards)(Amendment) Regulations 1991 and shall come into force on 17th April1991.
Amendment of the Principal Regulations
2
The Education (Mandatory Awards) Regulations 1990 shall be amended as follows —
a
in regulation 2 —
i
in the definition of“European Student” there shall be substituted for the words“the Community” the words“the relevant territory”;
ii
there shall be added after the definition of“refugee” the following —
“relevant territory” means the territory comprising the European Community and, asrespects any period prior to the unification of the Federal Republic ofGermany, the former German Democratic Republic;
;
b
in regulation 5(4), there shall be substituted for the words“European Community, ….” in both places where they occur the words“relevant territory”;
c
in regulation 11(2) there shall be substituted for sub-paragraph (d)and the word“or” which immediately precedes it the following —
d
in the case of a student who before commencing his course wasresident in the former German Democratic Republic, or who has previouslyattended one or more courses of higher education the aggregate durationof which does not exceed two academic years (a part-time course beingtreated as its full- time equivalent), where the application reaches theauthority before 31st August 1991; or
e
where, having regard to the circumstances of the particular case,the authority consider that it should be so treated;
;
d
in regulation 12(2) there shall be added after the words“higher education” the words“the aggregate duration of which exceeds two academic years (apart-time course being treated as its full-time equivalent)”;
e
in regulation 13 —
i
in paragraph (1)(a) there shall be inserted after the words“in the case of” the words“a European student or of” and there shall be substituted for the words“…. European Community ….” the words“relevant territory”;
ii
in paragraph (1)(b) there shall be substituted for the words“in a member state of the European Community” the words“in the relevant territory”; and
iii
in paragraph (3)(a) there shall be substituted for the words“territory comprising the European Community” the words“relevant territory”;
f
there shall be added at the end of regulation 23(3) the words
or in pursuance of any bursary bestowed on him under the Bursary Scheme for“Part 2” Architecture Course Students
g
in line 2 of regulation 24(2) the word“three” shall be omitted; and
h
in Schedule 2 —
i
in paragraph 4(a)“5 and 6” shall be substituted for“5, 6 and 11”;
ii
in paragraph 4(b)“7 to 11” shall be substituted for“7 to 10 and 12”;
iii
paragraph 11 shall be deleted; and
iv
paragraph 12 shall be renumbered 11 and in sub-paragraph (4) theword“further” shall be substituted for the word“other”.
Kenneth Clarke
Secretary of State for Education and Science
25th March 1991


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Credits) Amendment Regulations 1991 and shall come into force on 6th April 1992.
2
In these Regulations “the principal Regulations ” means the Social Security (Credits) Regulations 1975 .
Amendment of regulation 2(1) of the principal Regulations
2
In regulation 2(1) of the principal Regulations (interpretation) in the appropriate place in alphabetical order, there shall be inserted the following definition–
“disability working allowance” has the meaning assigned to it in section 20 of the Social Security Act 1986 ;
.
Insertion of regulation 7B in the principal Regulations
3
After regulation 7A of the principal Regulations (credits for invalid care allowance) there shall be inserted the following regulation–
Credits for disability working allowance
7B
–
1
For the purposes of entitlement to any benefit by virtue of a person’s earnings or contributions he shall, subject to paragraphs (2) and (3), be credited with earnings equal to the lower earnings limit then in force in respect of each week for any part of which a disability working allowance is paid to him.
2
Paragraph (1) shall apply to a person only if he is–
a
an employed earner; or
b
a self-employed earner who is excepted from liability to pay Class 2 contributions by virtue of his earnings being less than or being treated by regulations as less than the amount specified in section 7(5) of the Act (exception from liability for Class 2 contributions on account of small earnings) .
3
Paragraph (1) shall not apply–
a
to a person in respect of any week where he is entitled to be credited with earnings under regulation 9 in respect of the same week; or
b
to a woman in respect of any week in any part of which she was a married woman in respect of whom an election made by her under regulations made under section 3(2) of the Social Security Pensions Act 1975( )had effect.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
9th December 1991


text:
1
This Order may be cited as the New Roads and Street Works Act 1991 (Commencement No. 1) Order 1991.
2
In this Order, “ the Act ” means the New Roads and Street Works Act 1991.
3
The 1st November 1991 is hereby appointed as the day on which the provisions of the Act specified in Column 1 of the Schedule to this Order come into force to the extent specified in Column 2 of the said Schedule.
Malcolm Rifkind
Secretary of State for Transport
15th October 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Barnet Community Healthcare National Health Service Trust (Establishment) Order 1991 and shall come into force on1st November 1991.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of or Schedule 1 to the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 1st November 1991;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Barnet Community Healthcare National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called Barnet Community Healthcare National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at Horizon, Napsbury Hospital, Nr St Albans, Herts and associated hospitals;
b
to manage community health services provided from Horizon, Napsbury Hospital, Nr St Albans, Herts and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 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 Barnet 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 Barnet 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 Barnet 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
1
These Rules may be cited as the Patents (Fees) Rules 1991 and shall come into force on 12th August 1991.
2
The Patents (Fees) ( No. 2) Rules 1990 are hereby revoked.
2
These Rules shall be construed as one with the Patents Rules 1990 and, to the extent that they continue to apply in relation to existing patents and existing applications, to the Patents Rules 1968 .
3
The fees to be paid in respect of any matters arising under the Patents Act 1977 (other than those referred to in rule 4 below) or arising under the Patents Act 1949 shall be those specified in Parts A and B of the Schedule to these Rules; and in any case where a form specified in Part A or Part B of the Schedule as the corresponding form in relation to any matter is required by the Patents Rules 1990 or, as the case may be, the Patents Rules 1968 to be used, that form shall be accompanied by the fee, if any, specified in respect of that matter or, where payment may be made within a prescribed period of time after the form has been filed, the fee so specified shall be paid within that period.
4
The fees to be paid in respect of the matters arising under the Patents Act 1977 and referred to in Part C of the Schedule to these Rules shall be–
a
for the period ending with 8th September 1991, those specified in the second column of Part C; and
b
on and after 9th September 1991, those specified in the third column of that Part.
Reay
Parliamentary Under Secretary of State
Department of Trade and Industry
15th July 1991
We consent to the making of these rules.
Irvine Patnick
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
16th July 1991


text:
Citation and commencement
1
This Order may be cited as the Tees and Hartlepool Port Authority Scheme 1991 Confirmation Order 1991 and shall come into force on 27th December 1991.
Confirmation of Scheme
2
1
The Tees and Hartlepool Port Authority Scheme 1991 is hereby confirmed with modifications and shall take effect on 30th December 1991.
2
The text of the said Scheme as so confirmed is set out in the Schedule hereto.
Signed by authority of the Secretary of State for Transport
Patrick McLoughlin
Parliamentary Under Secretary of State,
Department of Transport
18th December 1991


text:
1
This Order may be cited as the Merchant Shipping (Load Lines)(Exemption) (Amendment) Order 1991 and shall come into force on 1st July1991.
2
The Merchant Shipping (Load Lines) (Exemption) Order 1968 shall be amended as follows:
1
For the existing text of article 1(1)(h) there shall besubstituted —
ships carrying not more than 12 passengers on a voyage in the courseof which they are at no time more than 3 miles from land nor more than15 miles from their point of departure, unless the point of departurelies within smooth or partially smooth water limits when the distance of15 miles shall be measured from the seaward boundary of such limits
.
2
In article 2(1) for the existing text giving the definition of“smooth waters” there shall be substituted
“smooth waters” means the waters of any of the areas specified in column 2 of theSchedule to the Merchant Shipping (Smooth and Partially Smooth Waters)Regulations 1987 and any other waters which are neither partially smoothwaters nor the sea.
.
3
In article 2(1) there shall be added, in the correct alphabeticalorder, the following definition —
“partially smooth waters” means, as respects any period specified in the Schedule to theMerchant Shipping (Smooth and Partially Smooth Waters) Regulations 1987 , the waters of any of the areas specified in column 3 ofthat Schedule in relation to that period
.
Signed by authority of the Secretary of State for Transport
Patrick McLoughlin
Parliamentary Under Secretary of State,
Department of Transport
13rd June 1991


text:
1
These Regulations may be cited as the Value Added Tax (General) (Amendment) (No. 2) Regulations 1991 and shall come into force on 1st July 1991.
2
The Value Added Tax (General) Regulations 1985 shall be amended as follows.
3
In regulation 53 —
a
in sub-paragraph (b)(i) for “£58” there shall be substituted “£66” ;
b
in sub-paragraph (b)(ii) for “£210” there shall be substituted “£238” ;
c
in sub-paragraph (b)(iii) for “£230” there shall be substituted “£238” ; and
d
in sub-paragraph (b)(iv) for “£265” there shall be substituted “£420”.
4
In regulation 55(1) —
a
in sub-paragraph (b)(i) for “£58” there shall be substituted “£66” ;
b
in sub-paragraph (b)(ii) for “£210” there shall be substituted “£238” ;
c
in sub-paragraph (b)(iii) for “£230” there shall be substituted “£238” ; and
d
in sub-paragraph (b)(iv) for “£265” there shall be substituted “£420”.
5
After regulation 55 there shall be inserted —
55A
1
In the case of supplies to a person departing from the United Kingdom where the final destination of the goods in question is to be the Principality of Andorra, regulations 53 and 55 shall apply as if the Principality of Andorra were a member State of the Community and as if between sub-paragraphs (i) and (ii) of both paragraph (b) of bregulation 53 and sub-paragraph (b) of regulation 55(1) there were inserted —
iA
the Principality of Andorra, the value of the goods together with tax exceeded £96;
.
2
For the purposes of the application of this regulation the expressions “Community traveller” and “member State of the Community” shall be construed as if the Principality of Andorra were a member State of the Community.
.
P. R. H. Allen
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Gorund London SE1 9PJ
6th June 1991


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Financial Services Act 1986 (Restriction of Right of Action) Regulations 1991 and shall come into force on Ist April 1991.
2
In these Regulations —
a
“ the Act ” means the Financial Services Act 1986; and
b
“investment business” includes —
i
anything done by a person holding a permission granted under paragraph 23 of Schedule I to the Act being a thing to which paragraph 12 of that Schedule does not apply by virtue of paragraph 23(1); and
ii
the activity of management mentioned in section 191 of the Act when engaged in by a person who is treated as carrying on investment business by virtue of that section.
Definition of private investor
2
1
For the purposes of section 62A(1) of the Act, the expression “private investor” means an investor whose cause of action arises as a result of anything he has done or suffered —
a
in the case of an individual, otherwise than in the course of carrying on investment business; and
b
in the case of any other person, otherwise than in the course of carrying on business of any kind,
but does not include a government, local authority or public authority.
2
In paragraph (1) above, the expression “government, local authority or public authority” has the meaning given in Note (1) to paragraph 3 of Schedule 1 to the Act.
Circumstances in which action may he brought at suit of person other than private investor
3
The following circumstances are specified for the purposes of section 62A(1) as being circumstances in which action may be brought at the suit of a person other than a private investor —
a
circumstances in which the contravention in question is not a contravention of a kind mentioned in section 62(1) or (2) of the Act;
b
circumstances in which the contravention in question is a contravention of any rule, regulation, condition or requirement prohibiting a person from seeking to make provision excluding or restricting any duty or liability;
c
circumstances in which the contravention in question is a contravention of any rule, regulation, condition or requirement directed at ensuring that transactions in an investment are not effected with the benefit of unpublished information which, if made public, would be likely to affect the price of the investment; and
d
circumstances in which the action would be brought at the suit of a person in a fiduciary or representative capacity (“the representative”) and the following conditions are fulfilled —
i
the cause of action arises as a result of anything done or suffered at a time when the person to whom the representative owed a duty or for whom he was acting was a person of a kind mentioned in sub-paragraph (a) or (b) of regulation (2)(1) above; and
ii
any recovery would be exclusively for the benefit of such a person and could not be effected through action brought otherwise than at the suit of the representative.
John Redwood
Minister of State,
Department of Trade and Industry
4th March 1991


text:
1
This Order may be cited as the Public Telecommunication System Designation (United Artists Communications (South Thames Estuary) Limited) Order 1991 and shall come into force on 7th March 1991.
2
Each of the Applicable Cabled Systems is hereby designated as a public telecommunication system.
John Redwood
Minister of State,
Department of Trade and Industry
3rd February 1991


text:
Title and commencement
1
These Regulations may be cited as the Internal Drainage Boards (Finance) (Amendment) Regulations 1991 and shall come into force on 1st April 1991.
Amendment of the principal Regulations
2
The Internal Drainage Boards (Finance) Regulations 1990 shall be amended in accordance with regulations 3 to 7 below.
3
After regulation 3 there shall be inserted the following regulation:
3A
1
Where a board for a main internal drainage district is required to pay an amount direct to the National Rivers Authority pursuant to section 84(3) of the principal Act, the board shall raise that amount by means of drainage rates levied within, or special levies issued in respect of, the main internal drainage district or, as the case may be, such part thereof as is situated within a minor internal drainage district.
2
A board may, for the purposes mentioned in section 87(1) of the principal Act, borrow on the security of any special levies to be issued in accordance with these Regulations or any other Regulations made under the 1988 Act.
3
Where a board borrows any sums in respect of which they have made a determination, as mentioned in section 87(4) of the principal Act, that some part only of their district shall be liable, the money borrowed shall be repayable out of drainage rates levied on, or special levies issued or contributions received in respect of, that part of their district.
.
4
In regulation 6 —
a
in paragraph (1)(c), the words “, and paragraphs 1(3)(b) and 22(b) of Schedule 2 to,” shall be omitted;
b
for paragraph (2) there shall be substituted the following paragraph:
2
In relation to any drainage rate made, or to be made, in respect of the financial year beginning in 1993 or any subsequent financial year, sections 67(2), (4) and (6), 68(7), 76(2), 77, 78(1) and (2), 79(3) and 116(2) of the principal Act shall have effect as if the references therein to the owner or owners or the owning of hereditaments or land were omitted.
;
c
after paragraph (3) there shall be added the following paragraphs:
4
Paragraphs 1(1)(c) and 22 of Schedule 2 to the principal Act shall have effect from 1st April 1993 as if the reference therein to the owner or the owning of land were omitted.
5
Paragraphs 1(3) and 22(b) of Schedule 2 to the principal Act shall cease to have effect from 1st April 1993.
6
Subsection (10) of section 2 of the Agriculture (Miscellaneous War Provisions) ( No. 2) Act 1940 (rates raised to defray the expenses of maintaining ways over fen-land to be owners' drainage rates) shall cease to have effect from 1st April 1993.
.
5
In regulation 7 —
a
for paragraph (3) there shall be substituted the following paragraph:
3
Where after 31st December 1992 —
a
any land or buildings in a district becomes an annual value property, or
b
any agricultural land or agricultural buildings becomes part of a district,
the board of the district shall, as soon as practicable after the date on which it has become such a property or part of the district (“the valuation date”), determine the annual value of the land or buildings in accordance with the said Schedule, and that determination shall have effect from the valuation date.
;
b
after paragraph (3) there shall be inserted the following paragraph:
3A
Where a board make a determination under paragraph (2) or (3) of this regulation, they shall serve notice of the determination, together with a statement in writing of the right of appeal conferred by paragraph (4) of this regulation, on the occupier of the annual value property to which the determination relates.
;
c
after paragraph (5) there shall be added the following paragraphs:
6
From 1st April 1993, sections 64(2) to (8) and 116(3) of, and paragraphs 1(4) and 23(2) of Schedule 2 to, the principal Act shall cease to have effect, and
a
the reference to the value of land in section 116(2)(c) of the principal Act shall be a reference to the amount which for the purposes of the drainage rate there mentioned would be the annual value of the land determined as provided in this regulation, and
b
the reference to the value of land in paragraph 1(1) of that Schedule and the reference to assessable value in paragraph 23(1) of that Schedule shall be a reference to the amount which, for the purposes of any drainage rate levied at the relevant date, would be the annual value of the land determined as provided in this regulation.
7
In this regulation “the relevant date” means the date as at which the qualifications of candidates or, as the case may be, the voting entitlement of electors, is determined for the election in question referred to in paragraph 1(1) or 23(1) of Schedule 2 to the principal Act.
.
6
In regulations 10(3)(b) and 17(4)(b)(ii) after the words “agricultural land” in each case there shall be added “or agricultural buildings”.
7
In regulation 20(3), for sub-paragraph (b) there shall be substituted the following sub-paragraph:
b
where in respect of a board —
i
any such authority has appointed a member, or
ii
the calculation referred to in sub-paragraph (a) above results, in respect of each such authority, in a product of less than one,
the charging authorities shall, unless they otherwise agree, jointly appoint the number of members of the board representing the difference between the maximum number of appointed members and the aggregate number of members that may be appointed by individual charging authorities or, as the case may be, constituting the maximum number of appointed members.
.
Modification of the principal Act
8
Sections 65, 66, 68(2) and (3), 69(1), 70, 72(2) and (3), 73, 80(1) and 81 of, and paragraphs 1(4)(b) and 23(2)(b) of Schedule 2 to, the Land Drainage Act 1976 shall cease to have effect.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 7th March 1991.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
David Hunt
Secretary of State for Wales
7th March 1991


text:
1
This Order may be cited as the Value Added Tax (Buildings and Land) Order 1991 and shall come into force on 1st January 1992.
2
Group 1 (Land) of Schedule 6 to the Value Added Tax Act 1983 shall be varied as follows —
a
in item 1 there shall be inserted after the words “or of any licence to occupy land,” the words “or, in relation to land in Scotland, any personal right to call for or be granted any such interest or right,”;
b
after paragraph (a) in item 1 there shall be inserted the following paragraph —
aa
a supply made pursuant to a developmental tenancy, developmental lease or developmental licence;
;
c
at the end of paragraph (b) in item 1 there shall be added the following words —
unless at the time of the grant the grantor grants to the grantee the fee simple of the land over which the right to take game or fish is exercisable
;
d
the word “and” immediately preceding paragraph (k) in item 1 shall be omitted and, after that paragraph there shall be inserted
and
l
the grant of any right, including —
i
an equitable right,
ii
a right under an option or right of pre-emption, or
iii
in relation to land in Scotland, a personal right, within any of paragraphs (a) or (b) to (k) above
;
e
after Note (6) there shall be inserted the following Note —
6A
A tenancy of, lease of or licence to occupy a building or work is treated as becoming a developmental tenancy, developmental lease or developmental licence (as the case may be) when a tenancy of, lease of or licence to occupy a building or work, whose construction, reconstruction, enlargement or extension commenced on or after 1st January 1992, is treated as being supplied to and by the developer under paragraph 6(1) of Schedule 6A to this Act.
.
3
Paragraph 2 of Schedule 6A to the Value Added Tax Act 1983 shall be amended by adding after sub-paragraph (7) the following sub-paragraphs —
8
Sub-paragraph (4) above shall not apply in relation to any election having effect from any day on or after 1st January 1992, except in respect of the input tax on a supply or importation which took place before 1st August 1989.
9
Where a person has made an exempt grant in relation to any land and has made an election in relation to that land which has effect from any day before 1st January 1992, he may apply to the Commissioners for sub-paragraph (4) above to be disapplied in respect of any input tax on a supply or importation which took place on or after 1st August 1989, but the Commissioners shall only permit the disapplication of that sub-paragraph if they are satisfied, having regard to all the circumstances of the case, and in particular to —
a
the total value of —
i
exempt grants made,
ii
taxable grants made or expected to be made,
b
the total amount of input tax in relation to the land which had been incurred before the day from which the election had effect, in paragraph (b) above will be secured.
.
4
Paragraph 3 of Schedule 6A to the Value Added Tax Act 1983 shall be amended as follows —
a
in sub-paragraph (1), there shall be inserted at the beginning of paragraph (a) the words “subject to the following provisions of this paragraph,”;
b
for sub-paragraph (6), there shall be substituted the following —
6
An election under paragraph 2 above shall be irrevocable and, except where it is an election of a description specified in a notice published by the Commissioners, shall not have effect unless —
a
in a case to which sub-paragraph (10) below applies, the Commissioners have given the permission required under that subparagraph;
b
in any other case, written notification of the election is given to the Commissioners not later than the end of the period of thirty days beginning with the day on which the election is made, or not later than the end of such longer period beginning with that day as the Commissioners may in any particular case allow, together with such information as the Commissioners may require.
;
c
sub-paragraph (7) shall be omitted;
d
after sub-paragraph (9), there shall be added the following sub-paragraph —
10
Where a person who wishes to make an election in relation to any land (the relevant land) to have effect on or after 1st January 1992, has made, makes or intends to make, an exempt grant in relation to the relevant land at any time between 1st August 1989 and before the beginning of the day from which he wishes an election in relation to the relevant land to have effect, he shall not make an election in relation to the relevant land unless he obtains the prior written permission of the Commissioners, who shall only give such permission if they are satisfied having regard to all the circumstances of the case and in particular to —
a
the total value of exempt grants in relation to the relevant land made or to be made before the day from which the person wishes his election to have effect;
b
the expected total value of grants relating to the relevant land that would be taxable if the election were to have effect; and
c
the total amount of input tax which has been incurred on or after 1st August 1989 or is likely to be incurred in relation to the relevant land, the input tax mentioned in paragraph (c) above to grants in relation to the relevant land which, if the election were to have effect, would be taxable.
.
5
Paragraph 5 of Schedule 6A to the Value Added Tax Act 1983 shall be amended by adding the following sub-paragraphs after sub-paragraph (7) —
8
Subject to sub-paragraph (10) below, sub-paragraphs (1) and (2) and subparagraphs (4) to (7) above shall apply in relation to any of the following reconstructions, enlargements or extensions —
a
a reconstruction, enlargement or extension of an existing building which is commenced on or after 1st January 1992 and —
i
which is carried out wholly or partly on land (hereafter referred to as new building land) adjoining the curtilage of the existing building, or
ii
as a result of which the gross external floor area of the reconstructed, enlarged or extended building (excluding any floor area on new building land) exceeds the gross external floor area of the existing building by not less than 20 per cent of the gross external floor area of the existing building;
b
a reconstruction of an existing building which is commenced on or after 1st January 1992 and in the course of which at least 80 per cent of the area of the floor structures of the existing building are removed;
c
a reconstruction, enlargement or extension of a civil engineering work which is commenced on or after 1st January 1992 and which is carried out wholly or partly on land (hereafter referred to as new land) adjoining the land on or in which the existing work is situated, reconstructed, enlarged or extended building or work and as if references to construction were references to reconstruction, enlargement or extension.
9
For the purposes of sub-paragraph (8)(a) above, extensions to an existing building shall include the provision of any annex having internal access to the existing building.
10
Sub-paragraphs (1) and (2) and sub-paragraphs (4) to (7) above shall not apply to a reconstruction, enlargement or extension —
a
falling within sub-paragraph (8)(a)(i), (ii) or (c) above where the developer has held an interest in at least 75 per cent of all of the land on which the reconstructed, enlarged or extended building or work stands, or is constructed, throughout the period of ten years ending with the last day of the prescribed accounting period during which the reconstructed, enlarged or extended building or work becomes substantially ready for occupation or use; or
b
to the extent that it falls within sub-paragraph (8)(a)(ii) above or falling within sub-paragraph (8)(b) above, where the interest in, right over or licence to occupy the building concerned (or any part of it) has already been treated as supplied to and by the developer under paragraph 6(1) below.
.
6
Paragraph 6 of Schedule 6A to the Value Added Tax Act 1983 shall be amended as follows —
a
for paragraph (a) of sub-paragraph (2) there shall be substituted the following —
a
the value of grants relating to the land on which the building or work is constructed, made or to be made to the developer, but excluding, in a case where construction of the building or work in question commenced before 1st January 1992, the value of any grants to be made for consideration in the form of rent the amount of which cannot be ascertained by the developer when the supply is treated as made, and in any other case excluding the value of any —
i
grants made before the relevant day to the extent that consideration for such grants was in the form of rent, and to the extent that such rent was properly attributable to a building which has been demolished,
ii
grants made before the relevant day in respect of a building which has been reconstructed, enlarged or extended so that the reconstruction, enlargement or extension falls within paragraph 5(8)(a)(ii) above, and does not fall also within paragraph 5(8)(b) above, to the extent that consideration for such grants was in the form of rent, and to the extent that such rent was properly attributable to the building as it existed before the commencement of the reconstruction, enlargement or extension,
iii
grants made before the relevant day in respect of a building which has been so reconstructed that the reconstruction falls within paragraph 5(8)(b) above, to the extent that consideration for such grants was in the form of rent, and to the extent that such rent was properly attributable to the building before the reconstruction commenced,
iv
grants falling within paragraph (aa) of item 1 of Group 1 of Schedule 6 to this Act; and
;
b
there shall be inserted after sub-paragraph (2) the following sub-paragraphs —
2A
Where the rate of tax (the lower rate) chargeable on a supply (the construction supply) falling within sub-paragraph (2)(b) above, the value of which is included in the value of a supply (the self-supply) treated as made by sub-paragraph (1) above, is lower than the rate of tax (the current rate) chargeable on that self-supply, then tax on the self-supply shall be charged —
a
on so much of its value as is comprised of the relevant part of the value of the construction supply, at the lower rate; and
b
on the remainder of its value at the current rate.
2B
For the purposes of sub-paragraph (2A)(a) above, the relevant part of the value of the construction supply means —
a
where the construction supply is a supply of goods, the value of such of those goods as have actually been delivered by the supplier;
b
where the construction supply is a supply of services, the value of such of those services as have actually been performed by the supplier,
;
c
there shall be added after sub-paragraph (3) the following sub-paragraphs —
4
For the purposes of sub-paragraph (2)(a)(i) above, the relevant day is the day on which the demolition of the building in question commenced and, for the purposes of sub-paragraph (2)(a)(ii) and (iii) above, the relevant day is the day on which the reconstruction, enlargement or extension in question commenced.
5
In the application of sub-paragraphs (1) to (4) above to a reconstruction, enlargement or extension to which sub-paragraphs (1) and (2) and sub-paragraphs (4) to (7) of paragraph 5 above apply by virtue of paragraph 5(8) above —
a
references to the building or work shall be construed as references to the reconstructed, enlarged or extended building or work, and references to construction shall be construed as references to reconstruction, enlargement or extension;
b
the reference in paragraph (a) of sub-paragraph (2) to the value of grants relating to the land on which the building or work is constructed shall be construed as a reference —
i
in relation to a reconstruction, enlargement or extension of an existing building to the extent that it falls within paragraph 5(8)(a)(i) above and does not fall also within paragraph 5(8)(b) above, to the value of grants relating to the new building land;
ii
in relation to a reconstruction, enlargement or extension of an existing building, to the extent that it falls within paragraph 5(8)(a)(ii) above and does not fall also within paragraph 5(8)(b) above, to the value of grants relating to the land on which the existing building stands multiplied by the appropriate fraction;
iii
in relation to a reconstruction, enlargement or extension to a work falling within paragraph 5(8)(c) above, to the value of grants relating to the new land.
6
For the purposes of sub-paragraph (5)(b)(ii) above the appropriate fraction shall be calculated by dividing the additional gross external floor area resulting from the reconstruction, enlargement or extension (excluding any floor area on new building land) by the gross external floor area of the reconstructed, enlarged or extended building (excluding any floor area on new building land).
.
7
After paragraph 6 of Schedule 6A to the Value Added Tax Act 1983 there shall be inserted the following paragraph —
6A
1
Where a developer is a tenant, lessee or licensee and becomes liable to a charge to tax under paragraph 6(1) above in respect of his tenancy, lease or licence he shall notify forthwith in writing his landlord, lessor or licensor (as the case may be) —
a
of the date from which the tenancy, lease or licence becomes a developmental tenancy, developmental lease or developmental licence for the purposes of paragraph (aa) of item 1 of Group 1 of Schedule 6 to this Act;
b
in a case falling within paragraph 5(8)(a)(ii) above, of the appropriate fraction determined in accordance with paragraph 6(6) above.
2
Where the appropriate fraction has been notified in accordance with subparagraph (1)(b) above, any supply made pursuant to the tenancy, lease or licence in question shall be treated as made pursuant to a developmental tenancy, developmental lease or developmental licence (a developmental supply) as if, and only to the extent that, the consideration for the developmental supply is for an amount equal to the whole of the consideration for the supply made pursuant to the tenancy, lease or licence, multiplied by the appropriate fraction.
.
8
Paragraph 8 of Schedule 6A to the Value Added Tax Act 1983 shall be amended by substituting for the words “The Notes to Group 8 of Schedule 5 to this Act and” the words “Notes (1) to (6) and Note (10) to Group 8 of Schedule 5 to this Act and Notes (1) and (2) to”.
Sydney Chapman
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
13th November 1991


text:
PART I
GENERAL
Citation and commencement
1
These Regulations may be cited as the National Health Service Functions (Directions to Authorities and Administration Arrangements) 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;
“the 1990 Act ” means the National Health Service and Community Care Act 1990 ;
“directions” means directions given in the exercise of a power conferred by the Act and “direct” shall be construed accordingly;
“ District Authority ” means a District Health Authority;
“ Family Authority ” means a Family Health Services Authority;
“recognised fund-holding practice” shall be construed in accordance with section 14 of the 1990 Act;
“ Regional Authority ” means a Regional Health Authority;
“relevant Regional Authority” in relation to any District Authority means the Regional Authority of which the region includes the district of that District Authority;
“the specified health service functions” means the Secretary of State’s functions relating to the health service under the enactments specified in column 1 of the Schedule to these Regulations (the subject matter of the relevant functions being indicated in column 2 of that Schedule), including functions under any regulations made under any of those enactments.
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.
3
In these Regulations, references to accident and emergency services are references to those services provided at the accident and emergency department of a hospital and do not include any subsequent treatment connected with the provision of those services.
4
For the purposes of paragraph 5(c) and regulations 3, 5 and 7, a person shall be treated as present in a region or district not only when he is present within that region or district but also when he presents himself at a hospital or establishment managed by the Regional or District Authority for that region or district, even if it is outside that region or district.
5
Subject to any directions which the Secretary of State may give as to any particular case or class of case, if there is doubt as to where a person is usually resident for the purposes of regulation 3(1)(a)(i), 5(1)(a)(i) and 7(1)(a)(i) —
a
he shall be treated as usually resident at the address which he gives to the person or body providing him with services as being that at which he usually resides;
b
where he gives no such address he shall be treated as usually resident at his most recent address being the address which he gives as his most recent address to the person or body providing him with services;
c
where his usual residence cannot be determined under paragraphs (a) and (b) above he should be treated as usually resident in the region or district in which he is present.
PART II
DIRECTIONS TO REGIONAL AUTHORITIES
Functions exercisable by Regional Authorities
3
1
Subject to paragraph (2) and regulation 4, every Regional Authority shall exercise the specified health service functions on behalf of the Secretary of State —
a
in so far as those functions consist of providing or securing the provision of services to patients, other than the services specified in sub-paragraph (b) of this paragraph, for the benefit of —
i
persons usually resident in its region;
ii
persons resident outside the United Kingdom who are present in its region;
b
in so far as those functions consist of providing or securing the provision of —
i
accident and emergency services, including ambulance services provided in connection with those services; and
ii
any other services which the Secretary of State may direct,
for the benefit of all persons present in its region; and
c
in so far as those functions consist of any other functions, generally as respects its region.
2
The functions exercisable by a Regional Authority under paragraph (1)(a) do not include providing or securing the provision of any services which are, or are to be, purchased by the members of a recognised fund-holding practice in accordance with Regulations under section 15(7) of the 1990 Act.
3
A Regional Authority shall exercise the specified health service functions in accordance with paragraph (1) at or from hospitals, establishments and facilities owned by the Secretary of State for the purposes of the health service and situated in its region or anywhere outside its region as the Secretary of State may direct, as well as by means of NHS and other contracts.
Restriction on the exercise of functions by Regional Authorities
4
1
The exercise by a Regional Authority of specified health service functions is subject to such limitations as the Secretary of State may direct and shall be in accordance with any directions which are given by the Secretary of State.
2
Nothing in these Regulations is to be taken as giving directions for the exercise of any function conferred on or vested in the Secretary of State with respect to the making of any Order or Regulations.
3
Nothing in these Regulations enables a Regional Authority to exercise the functions of the Secretary of State under section 87(1) of the Act with respect to —
a
the compulsory acquisition of land; or
b
land or other property where the function is exercisable by a Family Authority by virtue of regulation 11(3)(a)
or to give directions to a District Authority which would empower a District Authority to exercise those functions.
4
The power of the Secretary of State under section 2 of the Act is exercisable by a Regional Authority only to such extent as is necessary for the proper exercise of one or more other functions which the Secretary of State has directed that Authority to exercise on his behalf.
5
Where, in the exercise of specified health service functions, arrangements are made with medical practitioners for the vaccination or immunisation of persons against disease, every medical practitioner providing general medical services shall, so far as is reasonably practicable, be given an opportunity to participate in the arrangements.
6
Approval of a medical practitioner for the purposes of section 12(2) of the Mental Health Act 1983 (approval of medical specialists) as having special experience in the diagnosis and treatment of mental disorder shall be given only —
a
after the carrying out of such consultations, and obtaining of such advice, as the Secretary of State shall direct;
b
for such periods as the Secretary of State shall direct.
7
The exercise of the Secretary of State’s function under section 3(1)(c) of the act with respect to the provision of ambulance services is subject to obtaining his approval to the proposed arrangements for such exercise.
8
In the exercise of the Secretary of State’s specified health service functions under section 25 of the Act, such charges shall be made with respect to the supplies of human blood as are determined by the Secretary of State.
PART III
DIRECTIONS TO DISTRICT AUTHORITIES
Functions to be made exercisable by District Authorities in England
5
1
Subject to paragraph (2) and regulation 6, every Regional Authority shall secure, by a direction given by an instrument in writing, that each District Authority of which the district is included in its region shall exercise —
a
functions exercisable under regulation 3(1)(a) for the benefit of —
i
persons usually resident in its district;
ii
persons resident outside the United Kingdom who are present in its district;
b
functions exercisable under regulation 3(1)(b) for the benefit of persons present in its district;
c
functions exercisable under regulation 3(1)(c) generally as respects its district;
at or from hospitals, establishments and facilities owned by the Secretary of State for the purpose of the health service and situated in its district or anywhere outside its district that the Secretary of State or the relevant Regional Authority may direct, as well as by means of NHS and other contracts.
2
The functions exercisable by a District Authority under paragraph (1) do not include functions under —
a
section 19(1) and (2) of, and paragraphs 1, 2 and 3 of Schedule 6 to, the Act (recognition of advisory committees);
b
section 25 of the Act (supply of human blood);
c
section 12(2) of the Mental Health Act 1983 (approval of medical specialists);
3
Each Regional Authority shall secure that no directions are given to any District Authority directing it to exercise any functions under the enactments specified in paragraph (2)(a), (b) or (c).
Restriction on exercise of functions by District Authorities in England
6
1
The exercise by a District Authority in England of functions to which regulation 5(1) applies is subject to such limitations as the Secretary of State may direct and shall be in accordance with any directions which are given by the Secretary of State or, subject to any such directions, by the relevant Regional Authority.
2
The exercise by a District Authority in England of functions to which regulation 5(1) applies is subject to the provisions of regulation 4(2), (5), (7) and (8).
3
The power of the Secretary of State under section 2 of the Act is exercisable by a District Authority in England only to such extent as is necessary for the proper exercise of one or more other functions which the relevant Regional Authority has directed to be exercisable by that District Authority.
Functions exercisable by District Authorities in Wales
7
1
Subject to paragraph (2) and regulation 8, every District Authority in Wales shall exercise on behalf of the Secretary of State the specified health service functions except those under section 19(1) and (2) of, and paragraphs 1, 2 and 3 of Schedule 6 to the Act (recognition of advisory committees) —
a
in so far as those functions consist of providing or securing the provision of services to patients under the Act, other than the services specified in sub-paragraph (b) of this paragraph, for the benefit of —
i
persons usually resident in its district;
ii
persons resident outside the United Kingdom who are present in its district;
b
in so far as those functions consist of providing or securing the provision of —
i
accident and emergency services, including ambulance services provided in connection with those services; and
i
any other services which the Secretary of State may direct,
for the benefit of all persons present in its district; and
c
in so far as they consist of any other functions, generally as respects its district.
2
The functions exercisable by a District Authority in Wales under paragraph (1)(a) do not include the providing or securing the provision of any services which are, or are to be, purchased by the members of a recognised fund-holding practice in accordance with regulations under section 15(7) of the 1990 Act.
3
A District Authority in Wales shall exercise the specified health service functions in accordance with paragraph (1) at or from hospitals, establishments and facilities owned by the Secretary of State for the purposes of the health service and situated in its district or anywhere outside its district that the Secretary of State may direct, as well as by means of NHS and other contracts.
Restrictions on exercise of functions by District Authorities in Wales
8
1
The exercise by a District Authority in Wales of the specified health service functions is subject to the provisions of regulation 4(2), (5), (6), (7) and (8) and such limitations as the Secretary of State may direct and shall be in accordance with any directions which are given by the Secretary of State.
2
Nothing in these Regulations enables a District Authority in Wales to exercise the functions of the Secretary of State under section 87(1) of the Act with respect to —
a
the compulsory acquisition of land; or
b
land or other property where the function is exercisable by a Family Authority under regulation 11(3)(a).
3
The power of the Secretary of State under section 2 of the Act is exercisable by a District Authority in Wales only to such extent as is necessary for the proper exercise of one or more other functions which the Secretary of State has directed that Authority to exercise on his behalf.
PART IV
ADMINISTRATION ARRANGEMENTS
Arrangements by Regional Authorities for exercise of functions
9
Subject to any directions which may be given by the Secretary of State as to its exercise, any function exercisable by a Regional Authority pursuant to a direction given under section 13 of the Act may by arrangement with that Authority be exercised on its behalf by —
a
another Regional Authority;
b
a committee or sub-committee of another Regional Authority;
c
another body of which the members consist only of that and other Regional Authorities; or
d
an officer of another Regional Authority or of such other body.
Arrangements by District Authorities for exercise of functions
10
1
Subject to any directions which may be given by the Secretary of State and, in the case of a District Authority in England, to any directions given by the relevant Regional Authority as to the exercise of any function exercisable by virtue of a direction given under section 14 of the Act, functions exercisable by a District Authority by virtue of any provision of the Act may by arrangement with that Authority be exercised on its behalf by —
a
another District Authority;
b
a committee or sub-committee of another District Authority;
c
another body of which the members consist only of that and other District Authorities; or
d
an officer of another District Authority or of such other body.
2
Subject to any directions which may be given by the Secretary of State, functions of a District Authority exercisable by virtue of an Order under section 103(1) of the Act may by arrangement with that Authority be exercised on its behalf by a Family Authority.
Arrangements by Family Authorities for exercise of functions
11
1
Subject to the provisions of paragraphs (2) and (3) and to any directions given by the Secretary of State, any function exercisable by a Family Authority may by arrangement with that Authority be exercised on its behalf by —
a
another Family Authority;
b
another body of which the members consist only of that and other Family Authorities;
c
a committee of another Family Authority;
d
a special health authority;
e
an officer of a special health authority or of a Family Authority; or
f
an officer of a District Authority any part of the district of which is in the locality of the Family Authority.
2
The functions of a Family Authority under section 15(1)(a) of the Act with regard to the examination, checking and pricing of prescriptions for drugs, medicines and appliances supplied under arrangements made by a Family Authority for the provision of pharmaceutical services shall be exercisable —
a
on behalf of a Family Authority the locality of which is in England by the Prescription Pricing Authority ;
b
on behalf of a Family Authority the locality of which is in Wales by the Welsh Health Common Services Authority ;
and arrangements shall be made by Family Authorities in accordance with directions given by the Secretary of State with respect to the exercise of such functions.
3
The following functions are prescribed for the purpose of section 15(1)(b) of the Act —
a
i
the acquisition (otherwise than in the exercise of powers of compulsory purchase) and the disposal of land and other property,
ii
the control, maintenance and management of land and other property,
on behalf of the Secretary of State in circumstances where the land or other property is, as the case may be, required or wholly or mainly occupied for purposes relating to the exercise of a Family Authority’s functions under section 15(1)(a) of the Act or is in the possession or control of a Family Authority for such purposes;
b
the provision on behalf of the Secretary of State by virtue of section 63(1), (3), (5) and (6) of the Health Services and Public Health Act 1968 of instruction and the provision of materials and premises necessary for or in connection with the provision of any such instruction.
PART V
Revocations
12
The National Health Service Functions (Directions to Authorities and Administration Arrangements) Regulations 1989 are hereby revoked.
Signed by authority of the Secretary of State for Health.
Virginia Bottomley
Minister of State,
Department of Health
8th March 1991
David Hunt
Secretary of State for Wales
8th March 1991


text:
Citation and commencement
1
This Order may be cited as the Fees in the Registers of Scotland Order 1991 and shall come into force on 16th October 1991.
Interpretation
2
In the Schedule to this Order–
a
“ the Act ” means the Land Registration (Scotland) Act 1979( );
b
“dealing” and “Certificate of Title” shall, unless the context otherwise requires, have the same meaning as they have in the Land Registration (Scotland) Rules 1980( );
c
in Parts I, II and III , “fixed fee” means a fee equivalent to the lowest fee specified in Table A in Part XI of the Schedule to this Order;
d
any expression which is also used in the Land Registration (Scotland) Act 1979 shall, unless the context otherwise requires, have the same meaning as it has in the Act; and
e
any reference to a numbered form is a reference to the form bearing that number in Schedule A to the Land Registration (Scotland) Rules 1980.
Fees
3
The fees payable in respect of the matters specified in the Schedule to this Order, being matters relating to registration or recording in the registers under the management and control of the Keeper of the Registers of Scotland and to the provision by the Keeper of searches, reports, certificates or other documents or copies of any document or of information from any such register, shall be the fees specified in relation to those matters in that Schedule.
Revocations
4
The Fees in the Department of the Registers of Scotland Order 1981( ) and the Fees in the Department of the Registers of Scotland (Amendment) Order 1990( ) are hereby revoked.
James Douglas-Hamilton
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
31st August 1991
We Consent
Sidney Chapman
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
10th September 1991


text:
1
This order may be cited as the A1 Trunk Road (Haringey) Red Route Experimental Traffic (Amendment) Order 1991 and shall come into force on 10th June 1991.
2
The A1 Trunk Road (Haringey) Red Route Experimental Traffic Order 1990 shall be amended as follows.
3
For article 4, there shall be substituted the following article —
4
1
No person shall cause or permit a vehicle to stop or remain at rest during the restricted hours in any length of road specified in Schedule 1.
2
Paragraph (1) does not apply to any length of road specified in Part I of Schedule 2.
3
Paragraph (1) does not prohibit a person from causing or permitting a vehicle to wait during the prescribed hours —
a
in any length of road specified in Part II of Schedule 2 for a period of up to 1 hour not being a period separated by an interval of less than 2 hours from a previous period when that vehicle was at rest in that length of road during the prescribed hours;
b
in any length of road specified in Part III of Schedule 2 for a period of up to 20 minutes not being a period separated by an interval ofless than 40 minutes from a previous period when that vehicle was at rest in that length of road during the prescribed hours; or
c
in any length of road specified in Schedule 3 for the purpose of delivering or collecting goods or loading or unloading the vehicle.
i
for so long as may be necessary for that purpose, or
ii
a period of 20 minutes,
whichever is the less.
4
Paragraph (1) does not prohibit a person from causing or permitting a vehicle displaying a disabled persons' badge in a relevant position to wait during the prescribed hours —
a
in a length of road specified in Part II or III of Schedule 2, or
b
in any length of road specified in Schedule 3 for a period of up to 2 hours not being a period separated by an interval of less than 2 hours from a previous period when that vehicle was at rest in that length of road during the prescribed hours.
5
In this article “restricted hours”, means the period from 0800 hours to 1900 hours on Mondays to Fridays inclusive.
6
In this article, “prescribed hours,” in relation to a length of road specified in a Schedule or a Part of a Schedule shown in an item in column (3) or the Table below, means the period shown in that item in column (2) of that Table.
TABLE
(1) (2) (3) Item Prescribed hours Provision
1 0800 hours to 1900 hours on Mondays to Fridays inclusive. Schedule 2, Part II 2 1000 hours to 1600 hours on Mondays to Fridays inclusive Schedule 2, Part III Schedule 3
4
In article 11(b) before the word “notice” there shall be inserted the word “public”.
5
In article 12, for the words “article 13” there shall be substituted the words “article 11”.
Signed by authority of the Secretary of State for Transport
P E Butler
Assistant Secretary, London Regional Directorate to the
Department of Transport
31st May 1991