text:
Citation and commencement
1
1
This Order may be cited as the Avon and Gloucestershire (County Boundaries) Order 1991.
2
This Order shall come into force on 21st February 1991 for any purpose set out in regulation 4(1) (coming into operation of order) of the Local Government Area Changes Regulations 1976 and for the purposes of article 9 below.
3
For all other purposes this Order shall come into force on 1st April 1991.
Interpretation
2
In this Order “boundary map” means one of the 5 maps prepared by the Department of the Environment, marked “Maps of the Avon and Gloucestershire (County Boundaries) Order 1991”, duly numbered for reference and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976.
Transfers from Avon to Gloucestershire
3
1
The part of the county of Avon, the district of Northavon and the parish of Hawkesbury marked D1 on boundary map 1 shall be transferred to —
a
the county of Gloucestershire and the Wotton-under-Edge electoral division of that county;
b
the district of Stroud and the Wotton and Kingswood ward of that district;
c
the South Gloucestershire petty sessional division;
d
the Gloucester Coroner’s district.
2
The part of the county of Avon, the district of Northavon and the parish of Charfield marked A1 on boundary map 2 shall be transferred to —
a
the county of Gloucestershire and the Wotton-under-Edge electoral division of that county;
b
the district of Stroud and the Wotton and Kingswood ward of that district;
c
the parish of Kingswood;
d
the South Gloucester petty sessional division;
e
the Gloucester Coroner’s district.
3
The part of the county of Avon, the district of Northavon and the parish of Falfield marked A3 on boundary map 4 shall be transferred to —
a
the county of Gloucestershire and the Berkeley Vale electoral division of that county;
b
the district of Stroud, and the Berkeley ward of that district;
c
the parish of Ham and Stone;
d
the South Gloucester petty sessional division;
e
the Gloucester Coroner’s district.
4
The part of the county of Avon, the district of Northavon and the parish of Charfield marked A5 on boundary map 5 shall be transferred to —
a
the county of Gloucestershire and the Berkeley Vale electoral division of that county;
b
the district of Stroud and the Vale ward of that district;
c
the parish of Alkington;
d
the South Gloucestershire petty sessional division;
e
the Gloucester Coroner’s district.
5
The part of the county of Avon, the district of Northavon and the parish of Falfield marked A6 on boundary map 3 shall be transferred to —
a
the county of Gloucestershire and the Berkeley Vale electoral division of that county;
b
the district of Stroud and the Berkeley ward of that district;
c
the parish of Ham and Stone;
d
the South Gloucestershire petty sessional division;
e
the Gloucester Coroner’s district.
Transfers from Gloucestershire to Avon
4
1
The part of the county of Gloucestershire, the district of Stroud and the parish of Kingswood marked A2 on boundary map 2 shall be transferred to —
a
the county of Avon and the Ladden Brook electoral division of that county;
b
the district of Northavon and the Charfield ward of that district;
c
the parish of Charfield;
d
the Avon North petty sessional division;
e
the Avon Coroner’s district.
2
The part of the county of Gloucestershire, the district of Stroud and the parish of Alkington marked A4 on boundary map 5 shall be transferred to —
a
the county of Avon and the Ladden Brook electoral division of that county;
b
the district of Northavon and the Charfield ward of that district;
c
the parish of Charfield;
d
the Avon North petty sessional division;
e
the Avon Coroner’s district.
Town and country planning
5
Any provision of a development plan applying to an area transferred by this Order shall continue to apply thereto notwithstanding the transfer; and after such transfer, any such provision shall, so far as it so applies, be for all purposes deemed to be a provision of a corresponding plan of the authority which becomes the appropriate local planning authority for the transferred area as a result of the transfer.
Creation of new parish
6
In the district of Stroud there shall be created a new parish of Hillesley and Tresham which shall consist of the area marked D1 on boundary map 1.
Parish council for new parish
7
1
There shall be a parish council for the new parish.
2
From 1st April 1991 until the fourth day after the ordinary day of elections in 1991 the parish council shall consist of those persons representing the Hillesley and Tresham ward of the parish of Hawkesbury immediately before 1st April 1991: thereafter it shall consist of 7 parish councillors.
3
The proper officer of Stroud District Council shall convene the first annual meeting of the new parish council and the first assembly of the parish meeting for the new parish: and if the first assembly of the parish meeting is held before the first annual meeting of the new parish council, the parish meeting may appoint a person to take the chair, who shall have, for the purposes of that occasion only, the powers and authority of a chairman.
Parish of Hawkesbury electoral alterations
8
From 1st April 1991 until the fourth day after the ordinary day of elections in that year the Hawkesbury parish council shall consist of the persons representing the Hawkesbury ward of that parish immediately before 1st April 1991: thereafter it shall consist of 7 parish councillors.
Expenses of new parish council
9
For the purposes of article 3 of the Local Government Finance (Miscellaneous Provisions) (England) Order 1991 and regulation 4(2) of the Community Charges and Non-Domestic Rating (Miscellaneous Provisions) (England) Regulations 1991 the amount specified in relation to the new parish of Hillesley and Tresham is £2,000.
Signed by authority of the Secretary of State for the Environment
Emily M. Blatch
Parliamentary Under Secretary of State,
Department of the Environment
19th February 1991


type: legislation

jurisdiction: UK

text:
1
These Regulations may be cited as the Insurance (Fees) Regulations 1991 and shall come into force on 1st April 1991.
2
The Insurance (Fees) Regulations 1990 are hereby revoked.
3
In these Regulations —
“ the Act ” means the Insurance Companies Act 1982;
“Community company” means an insurance company (other than a pure reinsurer) whose head office is in a member State other than the United Kingdom;
“Community deposit company” means an insurance company (other than a pure reinsurer) whose head office is not in a member State and which has made a deposit in a member State other than the United Kingdom in accordance with section 9(2)(b) of the Act;
“gross premiums receivable” means —
in the case of an insurance company other than a Community company or a Community deposit company which carries on either long term business or general business but not both, the gross amount of premiums receivable in respect of its global business required to be included in the documents required to be deposited under section 22(1) of the Act in relation to the financial year to which the documents relate, or where such amount is not required to be included, the amount which would otherwise have been required to be so included;
in the case of an insurance company other than a Community company or a Community deposit company which carries on both long term business and general business, the sum of the gross amounts of premiums receivable in respect of its global long term business and global general business respectively required to be included in the documents required to be deposited under section 22(1) of the Act in relation to the financial year to which the documents relate, or where such amounts are not required to be included, the amounts which would otherwise have been required to be so included;
in the case of a Community company or a Community deposit company which carries on either long term business or general business but not both through an agency or branch in the United Kingdom, the gross amount of premiums receivable in respect of its United Kingdom branch business required to be included in the documents required to be deposited under section 22(1) of the Act in relation to the financial year to which the documents relate, or where such amounts are not required to be included the amounts which would otherwise have been required to be so included;
in the case of a Community company or a Community deposit company which carries on both long term business and general business through an agency or branch in the United Kingdom, the sum of the gross amounts of premiums receivable in respect of its United Kingdom branch long term business and United Kingdom branch general business respectively required to be included in the documents required to be deposited under section 22(1) of the Act in relation to the financial year to which the documents relate, or where such amounts are not required to be included the amounts which would otherwise have been required to be so included;
“group” means a body corporate together with —
all of its wholly-owned subsidiaries;
any body corporate of which it is a wholly-owned subsidiary;
all bodies corporate which are wholly-owned subsidiaries of any such body corporate as is first mentioned in (b) above;
“pure reinsurer” means an insurance company whose authorisation to carry on business in the United Kingdom is restricted to reinsurance;
“wholly-owned subsidiary” has the meaning given to it by section 736(2) of the Companies Act 1985 ;
“winding up” includes an analogous procedure under any Jurisdiction other than that of any part of the United Kingdom.
4
Subject to regulations 5 to 8 below, when documents are deposited under section 22(1) of the Act the insurance company concerned shall pay to the Secretary of State the fee as set out in the table below, according to the amount of its gross premiums receivable for the financial year to which the documents deposited relate —
Gross premiums receivable Fee
Over £50,000 up to and including £250,000 £300 Over £250,000 up to and including £500,00O £715 Over £500,000 up to and including £750,000 £1,070 Over £750,000 up to and including £1,000,000 £1,420 Over £1,000,000 up to and including £1,500,000 £4,275 Over £1,500,000 up to and including £5,000,000 £9,250 Over £5,000,000 £10,000
5
These Regulations do not apply in the case of an insurance company where its gross premiums receivable in respect of the financial year to which documents deposited by it under section 22(1) of the Act relate do not exceed £50,000.
6
1
Subject to paragraph (2) below, where the sum of the fees payable under regulations 4 and 5 above by all the insurance companies within a group exceeds £70,000 the fee in respect of each of those insurance companies shall he abated proportionately so that the sum of the fees payable by those insurance companies is £70,000.
2
For the purposes of paragraph (1) above, an insurance company shall be deemed to be a member of a group at the date upon which it deposits documents in respect of a financial year in accordance with section 22(1) of the Act if it was a member of that group at the end of the financial year to which those documents relate.
7
No fee shall be payable under regulation 4 where, at the date upon which documents are deposited under section 22(1) of the Act — :
a
the insurance company is subject to the process of winding up and cannot lawfully effect any contracts of insurance;
b
the insurance company is subject to a direction by the Secretary of State given under section 11 of the Act or section 11 of the Insurance Companies Act 1981 that it shall cease to be authorised to effect contracts of insurance (including reinsurance) of all classes for which it had been authorised under section 3 or 4 of the Act or under section 3 or 4 of the said Act of 1981; or
c
the insurance company is subject to a restriction imposed under section 68 of the Companies Act 1967 or section 13 of the Insurance Companies Amendment Act 1973 , or imposed or deemed to have been imposed under section 29 of the Insurance Companies Act 1974 , which, in any of those cases and taking into account the authorisation of the company, has the result that the company is prohibited from effecting anny contract of insurance (Including reinsurance) in the United Kingdom.
8
These Regulations do not apply when copies of an abstract of an actuary’s report of an investigation made under section 18(1) of the Act are deposited with the Secretary of State unless the abstract is of a report of in investigation which is required to be made by paragraph (a) of that subsection.
9
Where a statement is deposited under section 86(1) of the Act by the Council of Lloyds it shall pay to the Secretary of State a fee of £50,000.
10
For the purposes of section 94A(6) of the Act, the relevant functions of the Secretary of State in relation to insurance companies and the members of Lloyds are anything done for the purpose of or in connection with —
a
sections 11 to 13, Part II, sections 75 and 78, Part IV and section 94A of the Act, including prosecution of offences alleged to have been committed under any of those provisions or under provisions in earlier legislation which are analogous to those provisions;
b
section 98 of the Act in respect of the functions set out in sub-paragraph (a) above;
c
proposals for United Kingdom and European Communities legislation.
John Redwood
Minister of State,
Department of Trade and Industry
11th March 1991


text:
Citation, commencement, application and interpretation
1
1
This Order may be cited as the Education (National Curriculum) (Attainment Targets and Programmes of Study in Geography) (England) (No. 2) Order 1991 and subject to paragraph (2) of this article shall come into force in accordance with articles 2 to 5.
2
This article and article 10 shall come into force on 1st August 1992.
3
This Order applies in relation to maintained schools in England only.
4
In this Order–
“Document 1” and “Document 2” mean documents published by Her Majesty’s Stationery Office entitled respectively “Geography in the National Curriculum (England)” and “Geography in the National Curriculum (England): Short Courses for Pupils at Key Stage 4”
references to the first, second, third and fourth key stages are references to the periods set out in paragraphs (a) to (d) respectively of section 3(3) of the Education Reform Act 1988;
references to levels of attainment are references to the levels set out in Documents 1 and 2 in relation to each attainment target;
and references to ranges of levels of attainment are references to the range of levels of attainment specified for pupils of different abilities and maturities in respect of the key stage in question.
2
The provisions of this Order relating to the first key stage shall come into force on 1st August 1992 in respect of pupils in that key stage.
3
The provisions of this Order relating to the second key stage shall come into force–
a
on 1st August 1992 in respect of pupils in the first and second years of that key stage;
b
on 1st August 1993 in respect of pupils in the third year of that key stage; and
c
on 1st August 1994 in respect of all other pupils.
4
The provisions of this Order relating to the third key stage shall come into force–
a
on 1st August 1992 in respect of pupils in the first and second years of that key stage; and
b
on 1st August 1993 in respect of all other pupils.
5
The provisions of this Order relating to the fourth key stage shall come into force–
a
on 1st August 1994 in respect of pupils in the first year of that key stage; and
b
on 1st August 1995 in respect of all other pupils. Specification of attainment targets and programmes of study
6
It is hereby directed that the provisions relating to attainment targets and programmes of study set out in Documents 1 and 2 shall have effect as provided in Articles 7 to 9 hereof for the purpose of specifying in relation to geography–
a
attainment targets; and
b
programmes of study.
7
–
1
Attainment targets 1–5 set out in Document 1 are specified in relation to the first three key stages, the levels applicable (being those appropriate to the different abilities and maturities of the pupils being taught) being –
a
for the first key stage, levels 1–3;
b
for the second key stage, levels 2–5; and
c
for the third key stage, levels 3–7.
2
Either attainment targets 1–5 set out in Document 1 or attainment targets 1–5 set out in Document 2 are specified in relation to the fourth key stage, according to the programme of study followed by the pupil, the levels applicable in both cases being those appropriate to the different abilities and maturities of the pupils being taught.
8
–
1
The programmes of study set out in Document 1 are specified in relation to the first three key stages, the levels applicable (being those appropriate to the different abilities and maturities of the pupils being taught) being–
a
for the first key stage, levels 1–3;
b
for the second key stage, levels 2–5; and
c
for the third key stage, levels 3–7.
2
Either the programme of study set out in Document 1 or the programme of study set out in Document 2 is specified in relation to the fourth key stage, the levels applicable being levels 4–10 in each case.
9
The examples printed in italics in Documents 1 and 2 (which serve to illustrate the attainment targets and programmes of study therein described) and the other provisions so printed in Document 2 do not form part of the provision made by this Order.
Revocation
10
The Education (National Curriculum) (Attainment Targets and Programmes of Study in Geography) (England) Order 1991 is hereby revoked.
Kenneth Clarke
Secretary of State for Education and Science
11th November 1991


text:
Title and commencement
1
These Regulations may be cited as the Agricultural or Forestry Tractors and Tractor Components (Type Approval) (Fees) Regulations 1991 and shall come into force on 25th October 1991.
Interpretation
2
1
In these Regulations, except where the context otherwise requires —
“certificate” means, in respect of a tractor, a type approval certificate and in respect of a tractor component, a component type approval certificate issued for the purposes of a Community Directive;
“Community Directive” means a Directive issued by the Council or Commission of the European Communities concerning the approximation of the laws of member States relating to the type approval of tractors or tractor components, being a Directive specified in column 2 of Part B of Schedule 1;
“examination” means an examination, comprising one or more tests of the subject matter specified in column 3 of Part B of Schedule 1, which is required to be carried out for the purposes of the 1988 Regulations;
“official testing station” means premises established or approved by the Minister for the testing of tractors or tractor components for the purposes of a Community Directive;
“the 1988 Regulations” means the Agricultural or Forestry Tractors and Tractor Components (Type Approval) Regulations 1988 ; and
“tractor” and “tractor component” mean, respectively, an agricultural or forestry tractor and a tractor component to which the 1988 Regulations apply.
2
Any reference in these Regulations to a numbered regulation or Schedule shall, unless the context otherwise requires, be construed as a reference to the regulation or Schedule bearing that number in these Regulations.
3
Subject to paragraphs (1) and (2) above, expressions used in these Regulations and in the 1988 Regulations have the same meanings in these Regulations as in those.
Fees for examinations — standard scale
3
Subject to the provisions of these Regulations, the fee to be paid for the carrying out or supervision by or on behalf of the Minister of an examination of a tractor or tractor component in connection with the issue of a certificate shall be —
a
where the examination is to be carried out at an official testing station by an officer of the Minister or a person appointed by the Minister to act on his behalf, the aggregate of —
i
the amount specified as the First Item in Part A of Schedule 1, and
ii
the amount (if any) or the aggregate of the amounts specified in column 4 of Part B of Schedule 1 in relation to such of the tests specified in column 3 of that Part as is or are to be carried out; or
b
where the examination is to be carried out on other premises under the supervision of an officer of the Minister or a person appointed by the Minister to act on his behalf, the aggregate of —
i
the amount specified as the Second Item in Part A of Schedule 1, and
ii
the amount (if any) or the aggregate of the amounts specified in column 5 of Part B of Schedule I in relation to such of the tests specified in column 3 of that Part as is or are to be carried out.
4
1
Subject to the provisions of these Regulations, where a tractor or tractor component is submitted for examination for there to be carried out thereon either of the tests identified by fee numbers 17 and 24 in column 1 of Part B of Schedule 1, the fee to be paid in respect of each such test shall be —
a
where the examination is to be carried out at an official testing station by an officer of the Minister or a person appointed by the Minister to act on his behalf, the aggregate of —
i
the amount specified as the First Item in Part A of Schedule 1, and
ii
the amount specified in relation to the relevant test in column 4 of Part B of Schedule 1; or
b
where the examination is to be carried out on other premises under the supervision of an officer of the Minister or a person appointed by the Minister to act on his behalf, the aggregate of —
i
the amount specified as the Second Item in Part A of Schedule 1, and
ii
the amount specified in relation to the relevant test in column 5 of Part B of Schedule 1.
2
Subject to the provisions of these Regulations, where a tractor or tractor component is submitted for examination for there to be carried out thereon any of the tests identified by fee numbers 32 to 42 inclusive in column 1 of Part B of Schedule 1, the fee to be paid in respect of each such test shall be the aggregate of —
a
the amount specified as the First Item in Part A of Schedule 1, and
b
the amount specified in relation to the relevant test in column 4 of Part B of Schedule 1.
Fees for examinations — reduced scale
5
Where a tractor or tractor component is submitted for examination for there to be carried out thereon a series of not more than four tests for each of which the fee number in column 1 of Part B of Schedule 1 is marked with an asterisk, the fee to be paid in respect of that series of tests shall be —
a
where the examination is to be carried out at an official testing station by an officer of the Minister or a person appointed by the Minister to act on his behalf, the amount specified as the First Item in Part A of Schedule 1 only, or
b
where the examination is to be carried out on other premises under the supervision of an officer of the Minister or a person appointed by the Minister to act on his behalf, the amount specified as the Second Item in Part A of Schedule 1 only.
Fees — consecutive examinations
6
Where more than one tractor or tractor component of the same type but embodying minor variations are submitted for examination by the same applicant with a view to the examinations being carried out consecutively on each tractor or tractor component and the circumstances are such that the examinations can be carried out without the testing apparatus being set up afresh after each examination, the fee to be paid for the carrying out of each examination after the first one shall be such proportion of the fee payable for the first examination as the Minister considers to be appropriate in view of the work involved in carrying out each subsequent examination.
Fees — partial examinations
7
1
Where in consequence of an alteration in the design specification of a tractor or tractor component in relation to which a certificate has been issued a further examination of the tractor or tractor component is needed with a view to the issue of a modification of a certificate, but the alteration is not so extensive as to require that the further examination shall be as complete as the original examination, the fee to be paid for the carrying out of the further examination shall be such proportion of the fee payable for a complete examination as the Minister considers to be appropriate in view of the nature and extent of the further examination.
2
Where more than one tractor or tractor component of the same type but embodying minor variations are submitted for examination by the same applicant and the circumstances are such that it is unnecessary to submit each individual tractor or tractor component to a complete examination, the fee to be paid for the carrying out of a partial examination of a tractor or tractor component shall be such proportion of the fee payable for a complete examination as the Minister considers to be appropriate in view of the nature and extent of the partial examination.
Fees — issue of documents
8
The fee for the issue of a document of a type specified in column 2 of Schedule 2 shall be the amount specified in relation to that document in column 3 of that Schedule.
Payment of fees
9
1
The fee for the carrying out or supervision of an examination of a tractor or tractor component shall be paid when application is made for the issue of a certificate for the tractor or tractor component in question.
2
The fee for the issue of a document of a type specified in column 2 of Schedule 2 shall be paid —
a
in a case where the examination of a tractor or tractor component is required before the document is issued, when the applicant is notified of the result of the examination, and
b
in any other case, when application is made for the issue of the document.
Refund of fees
10
1
Subject to regulation 11, if an applicant —
a
withdraws his application after he has been notified of the time and place for the examination, or
b
does not submit the tractor or tractor component for examination at the time and place fixed therefor,
the Minister shall refund to him the amount of the fee which he has paid under these Regulations less £40 (in respect of the work involved in dealing with the application and making arrangements for the examination).
2
If an appointment for the examination of a tractor or tractor component is cancelled at the instance of the Minister and no alternative appointment acceptable to the applicant is offered to him, the Minister shall refund to the applicant the whole of the fee paid by him.
Submission of alternative tractor or tractor component for examination
11
Where an applicant for the issue of a certificate for a tractor or tractor component does not wish or is unable to submit that tractor or tractor component for examination at the time and place appointed but is able to submit for examination at that time and place some other tractor or tractor component which can conveniently be fitted into the programme of examinations being carried out at that place and in respect of which tractor or tractor component he has made an application for a certificate, he shall be entitled to have the sum which he originally paid, adjusted by way of refund or additional payment so as to secure that the appropriate fee is paid for the examination which actually takes place, applied in payment of the fee for that examination instead of receiving a refund under regulation 10(1).
Revocation
12
The Agricultural or Forestry Tractors and Tractor Components (Type Approval) (Fees) Regulations 1979 and the Agricultural or Forestry Tractors and Tractor Components (Type Approval) (Fees) (Amendment) Regulations 1990 are hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
6th September 1991.
Michael Forsyth
Parliamentary Under Secretary of State, Scottish Office
17th September 1991
David Hunt
Secretary of State for Wales
12th September 1991
We consent to the making of these Regulations.
Sydney Chapman
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
9th September 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No. 12) Order 1991 and shall come into force at 16.00 hours on 13th September 1991.
2
In this Order “green crab” means the species known as “carcinus maenas”; “velvet crab” means the species known as “liocarcinus puber”, and “relevant time” means one minute past midnight on 13th September 1991.
Designated circumstances
2
In the opinion of the Secretary of State, green crabs or velvet crabs in the area designated in article 3 below may be affected by the toxin which causes Paralytic Shellfish Poisoning in human beings and are likely to create a hazard to human health if they are consumed.
Designated area
3
The area described in the Schedule to this Order is hereby designated for the purposes of Part I of the Food and Environment Protection Act 1985.
Activity prohibited in the designated area
4
No person shall fish for or take any green crabs or velvet crabs in the designated area.
Prohibited movement of green crabs or velvet crabs
5
No person shall move any green crabs or velvet crabs out of the designated area.
Restrictions throughout the United Kingdom
6
No person shall in the United Kingdom or in the United Kingdom waters —
a
use any green crabs or velvet crabs taken out of the designated area after the relevant time in the preparation or processing for supply of food and anything from which food could be derived;
b
land any green crabs or velvet crabs which were in waters in the designated area after the relevant time;
c
supply, or have in possession for supply, any green crabs or velvet crabs which were in the designated area after the relevant time;
d
supply, or have in possession for supply, any food or anything from which food could be derived in the preparation or processing of which anything was used in contravention of sub-paragraph (a) of this article;
e
feed to any creature a feeding stuff in the preparation or processing of which anything was used in contravention of sub-paragraph (a) of this article.
Revocation
7
The Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No. 11) Order 1991 is hereby revoked.
E. C. Davison
Assistant Secretary, Scottish Office
Pentland House,
Edinburgh
13th September 1991


text:
1
These Regulations may be cited as the Motor Vehicles (DrivingLicences) (Large Goods and Passenger-Carrying Vehicles) (Amendment) (No.2) Regulations 1991 and shall come into force on 3rd June 1991.
2
1
The Motor Vehicles (Driving Licences) (Large Goods andPassenger-Carrying Vehicles) Regulations 1990 shall be amended in accordance with the followingprovision of this regulation.
2
In regulation 15 (Applications for tests) for paragraph (2) thereshall be substituted the following paragraph —
2
An applicant for such an appointment shall, when making theapplication, specify the category of vehicle in respect of which hedesires to take the test and pay —
a
£45 if the application for the test is made before 3rd June1991;
b
£48 if the application is made on or after that date and thetest is to be conducted on a day other than a Saturday;
c
£75 if the application is made on or after that dateand thetest is to be conducted on a Saturday.
Signed by authority of the Secretary of State for Transport
Christopher Chope
Parliamentary Under Secretary of State,
Department of Transport
30th April 1991
We approve the making of these Regulations
Thomas Sackville
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
1st May 1991


text:
Citation and commencement
1
These Regulations may be cited as the Personal Equity Plan(Amendment) Regulations 1991 and shall come into force on 6th April1991.
Interpretation
2
In these Regulations“the principal Regulations ” means the Personal Equity Plan Regulations 1989 and, unless the context otherwise requires,“regulation” means a regulation of those Regulations.
Amendments to the principal Regulations
3
In regulation 2(1)(a) the definition of“the 1986 Regulations” and the semi-colon preceding it shall be omitted.
4
In regulation 4 —
a
in paragraph (1) the words“(subject to regulation 10)” shall be omitted;
b
in paragraph (3)(a) for“30” there shall be substituted“42”.
5
In regulation 5 —
a
for paragraph (3) there shall be substituted —
3
A plan investor’s cash subscription and any other cash held by aplan manager under a plan shall be held only in sterling and bedeposited in an account with a deposit-taker or a building society whichis designated for the purposes of these Regulations only.
;
b
in paragraph (5) after the words“regulation 6(3)(b)” there shall be inserted the words“, or in paired shares,” and for the words“and investment trusts” there shall be substituted the words“, investment trusts and paired shares”.
6
In regulation 6 —
a
in paragraph (2) after sub-paragraph (b) there shall be inserted —
ba
subject to the condition specified in paragraph (3)(a),investments in units comprising shares issued by a body corporateincorporated in the United Kingdom which are paired with shares issuedby a body corporate which is not so incorporated (“paired shares”);
.
b
in paragraph (3)(a) for the words“and investment trusts” there shall be substituted the words“, investment trusts and paired shares”;
c
in paragraph (4) for“£900” there shall be substituted the words“one quarter of the subscription limit”.
d
after paragraph (4) there shall be added —
5
For the purposes of this regulation, shares issued by a bodycorporate incorporated in the United Kingdom (“the UK company”) are paired with shares in a body corporate which is not soincorporated (“the foreign company”) where —
a
the articles of association of the UK company and the equivalentinstruments governing the foreign company each provide that no share inthe company to which they relate may be transferred otherwise than aspart of a unit comprising one share in that company and one share in theother; and
b
such units have been offered for sale to the public in the UnitedKingdom and, at the same time, other such units have been offered forsale to the public at a broadly equivalent price in the country in whichthe foreign company is incorporated.
7
In regulation 6A —
a
in paragraph (1) for the words“in accordance with the condition in paragraph (2)(b)” there shall be substituted the words“with the proceeds of sale of those investments”;
b
for paragraph (2)(b) there shall be substituted —
b
that the total amount of the cash subscription to the plan forthe year ending 5th April 1991 which was invested in non-qualifyinginvestments on that date did not exceed £900;
c
that the total amount of the cash subscription to the plan investedin authorised unit trusts, funds of funds and investment trusts in anyyear beginning after 5th April 1991 does not exceed one quarter of thesubscription limit.
8
In regulation 7(2)(b) the words“(subject to regulation 10)” shall be omitted.
9
Regulation 10 shall be omitted.
10
1
Regulation 17 shall be renumbered as paragraph (1) of thatregulation.
2
In regulation 17 —
a
in paragraph (1) the words from“, except interest” to“for his benefit” shall be omitted.
b
after paragraph (1) there shall be added —
2
Interest on a cash deposit which is a plan investment —
a
where the cash is deposited in an account with a deposit-taker,shall be paid or credited gross and the deposit shall not be treated asa relevant deposit within the meaning of section 481(4) of the Incomeand Corporation Taxes Act 1988 , and
b
where the cash is deposited in an account with a building society,shall be treated as a gross payment to which regulation 4 of the IncomeTax (Building Societies) (Dividends and Interest) Regulations 1990 applies.
11
After regulation 17 there shall be inserted —
Interest on cash deposits paid to plan investor
17A
1
When in any year an amount of interest paid or creditedin respect of a cash deposit which is a plan investment —
a
is paid by the plan manager to or at the direction of the planinvestor or otherwise applied for his benefit, and
b
the aggregate of that amount and of all other amounts so paid in theyear exceeds £180,
paragraph (2) shall apply.
2
Where this paragraph applies —
a
the plan manager shall pay to the Board a sum representing incometax at the basic rate in force for the year on —
i
all amounts paid in that year before this paragraph first applies,and
ii
the amount referred to in paragraph (1) and each further amount paidin that year;
b
any sum so payable shall be treated as an amount of tax due under anassessment which is final and conclusive and payable, in the case of thesum payable in respect of the amounts referred to in sub-paragraph(a)(i), not later than 30 days after the date on which this paragraphfirst applies in any year and, in any other case, not later than 30 daysafter payment of the amount referred to in paragraph (1);
c
the interest referred to in paragraph (1) shall be treated in allother respectsas interest of money within the meaning of paragraph (a)of Case III ofSchedule D in section 18(3) of the Taxes Act andchargeable to tax under that Case for the year in which it arises.
3
The reference to interest in paragraph (1) includes a reference toany bonus and to a dividend paid or credited in respect of a shareaccount with a building society.
12
In regulation 18(3) after paragraph (a) there shall beinserted —
aa
any sum representing income tax which is payable underregulation 17A on amounts of interest paid or credited gross and paid bythe plan manager to or at the direction of the plan investor orotherwise applied for his benefit;
.
Greg Knight
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
19th March 1991


text:
1
This Order may be cited as the Public Telecommunication System Designation (Middlesex Cable Limited) (Hillingdon and Hounslow) Order 1991 and shall come into force on 16th April 1991.
2
Each of the Applicable Cabled Systems is hereby designated as a public telecommunication system.
John Redwood
Minister of State,
Department of Trade and Industry
13th March 1991


text:
Citation and commencement
1
This Order may be cited as the Health Education Authority (Establishment and Constitution) Amendment Order 1991 and shall come into force on 11th March 1991.
Amendment of Order
2
1
The Health Education Authority (Establishment and Constitution) Order 1987 shall be amended in accordance with the following provisions of this article.
2
After article 4 there shall be added the following article —
Remuneration of members
5
The Authority is specified for the purposes of paragraph 9(7)(b) of Schedule 5 to the National Health Service Act 1977.
.
Signed by authority of the Secretary of State for Health.
Virginia Bottomley
Minister of State,
Department of Health
11th February 1991


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Fund Cold Weather payments (General) Amendment Regulations 1991 and shall come into force on 16th February 1991.
2
In these Regulations “the principal Regulations ” means the Social Fund Cold Weather Payments (General) Regulations 1988 .
Amendment of regulation 3 of the principal Regulations
2
In regulation 3 of the principal Regulations (prescribed amount) for the figure “£5” there shall be substituted the figure “£6”.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
15th February 1991


text:
Citation and commencement
1
These Regulations may be cited as the Agriculture (Power Take-off) (Amendment) Regulations 1991 and shall come into force on 30th September 1991.
Amendments to the Agriculture (Power Take-off) Regulations 1957
2
Regulation 3 of the Agriculture (Power Take-off) Regulations 1957 shall be amended as follows: —
a
in paragraph (1) of that regulation —
i
there shall be inserted, at the beginning, the words “Subject to paragraph (3) of this regulation,”, and
ii
there shall be substituted for the word “The” where it first appears the word “the”; and
b
the following paragraph shall be inserted after paragraph (2) of that regulation: —
3
Nothing in paragraph (1) of this regulation shall apply to a tractor of a type in respect of which EEC type-approval has been granted with regard to its power take-off and the protection of that power take-off in accordance with —
a
Council Directive 74/150/EEC relating to the type-approval of wheeled agricultural or forestry tractors, as amended by Council Directive 79/694/EEC , Council Directive 82/890/EEC , Council Directive 88/297/EEC and the Act concerning the conditions of accession of the Kingdom of Spain and the Portuguese Republic and the adjustments to the Treaties which forms part of the Treaty concerning the accession of the Kingdom of Spain and the Portuguese Republic to The European Economic Community and to the European Atomic Energy Community, signed at Lisbon and Madrid on 12th June 1985 ; and
b
Council Directive 86/297/EEC relating to the power take-offs of wheeled agricultural and forestry tractors and their protection.
.
Signed by order of the Secretary of State.
Eric Forth
Parliamentary Under Secretary of State,
Department of Employment
20th August 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Bedford Hospital National Health Service Trust (Establishment) Order 1991 and shall come into force on 1st November 1991.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 1st November 1991;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Bedford Hospital National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Bedford Hospital National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
to own and manage hospital accommodation and services provided at Bedford Hospital, Kempston Road, Bedford, MK42 9DJ and associated hospitals.
Directors of the trust
4
The trust shall have, in addition to the chairman 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1992.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The North Bedfordshire Health Authority shall —
a
until the operational date make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The North Bedfordshire Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the North Bedfordshire Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Virginia Bottomley
Minister of State,
Department of Health
21st October 1991


text:
Citation and commencement
1
These Regulations may be cited as the Provision of Confidential Statistical Information to the Statistical Office of the European Communities (Restriction on Disclosure) Regulations 1991 and shall come into force on 1st January 1992.
Interpretation
2
In these Regulations–
“confidential statistical information” means statistical information which has been–
declared or classified as confidential in accordance with its law or national practice by the member State providing it, and
provided to the SOEC by a member State in accordance with article 3 of Council Regulation (EURATOM, EEC ) No. 1588/90 on the transmission of data subject to statistical confidentiality to the Statistical Office of the European Communities ;
“the SOEC” means the Statistical Office of the European Communities.
Offence to disclose without authorisation
3
1
If any officer or employee of the SOEC or any individual who, under a contract for services with the SOEC, is required to carry out duties on the premises of the SOEC, knowingly or recklessly discloses within Great Britain confidential statistical information without the authority of the member State who provided that information to the SOEC, that person shall be guilty of an offence and liable–
a
on summary conviction, to imprisonment for a term not exceeding three months, or a fine not exceeding the statutory maximum, or both;
b
on conviction on indictment, to imprisonment for a term not exceeding two years, or a fine, or both.
2
Summary proceedings in Scotland for an offence against these Regulations shall not be commenced after the expiration of 3 years from the commission of the offence. Subject to this (and notwithstanding anything in section 331 of the Criminal Procedure (Scotland) Act 1975 ) such proceedings may (in Scotland) be commenced at any time within 12 months after the date on which evidence sufficient in the Lord Advocate’s opinion to justify the proceedings came to his knowledge; and sub-section (3) of that section applies for the purpose of this paragraph as it applies for the purpose of that section.
3
For the purposes of paragraph (2) above, a certificate of the Lord Advocate as to the date on which such evidence as is referred to in that paragraph came to his knowledge is conclusive of that fact.
Norman Lamont
Chancellor of the Exchequer
7th December 1991


text:
Citation and commencement
1
These Regulations may be cited as the Children (Secure Accommodation) Regulations 1991 and shall come into force on 14th October 1991.
Interpretation
2
–
1
In these Regulations, unless the context otherwise requires–
“ the Act ” means the Children Act 1989;
“independent visitor” means a person appointed under paragraph 17 of Schedule 2 to the Act;
“secure accommodation” means accommodation which is provided for the purpose of restricting the liberty of children to whom section 25 of the Act (use of accommodation for restricting liberty) applies.
2
Any reference in these regulations to a numbered regulation shall be construed as 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.
Approval by Secretary of State of secure accommodation in a community home
3
Accommodation in a community home shall not be used as secure accommodation unless it has been approved by the Secretary of State for such use and approval shall be subject to such terms and conditions as he sees fit.
Placement of a child aged under 13 in secure accommodation in a community home
4
A child under the age of 13 years shall not be placed in secure accommodation in a community home without the prior approval of the Secretary of State to the placement of that child.
Children to whom section 25 of the Act shall not apply
5
–
1
Section 25 of the Act shall not apply to a child who is detained under any provision of the Mental Health Act 1983 or in respect of whom an order has been made under section 53 of the Children and Young Persons Act 1933 (punishment of certain grave crimes).
2
Section 25 of the Act shall not apply to a child–
a
to whom section 20(5) of the Act (accommodation of persons over 16 but under 21) applies and who is being accommodated under that section,
b
in respect of whom an order has been made under section 43 of the Act (child assessment order) and who is kept away from home pursuant to that order.
Detained and remanded children to whom section 25 of the Act shall have effect subject to modifications
6
–
1
Subject to regulation 5, section 25 of the Act shall have effect subject to the modification specified in paragraph (2) in relation to children who are being looked after by a local authority and are of the following descriptions–
a
children detained under section 38(6) of the Police and Criminal Evidence Act 1984 (detained children), and
b
children remanded to local authority accommodation under section 23 of the Children and Young Persons Act 1969 (remand to local authority accommodation) but only–
i
where the child is charged with or convicted of an offence imprisonable in the case of a person aged 21 or over for 14 years or more, or
ii
where the child is charged with or convicted of an offence of violence, or has been previously convicted of an offence of violence.
2
The modification referred to in paragraph (1) is that, for the words “unless it appears”to the end of subsection (1), there shall be substituted the following words–
unless it appears that any accommodation other than that provided for the purpose of restricting liberty is inappropriate because–
the child is likely to abscond from such other accommodation, or
the child is likely to injure himself or other people if he is kept in any such other accommodation
.
Children to whom section 25 of the Act shall apply and have effect subject to modifications
7
–
1
Subject to regulation 5 and paragraphs (2) and (3) of this regulation section 25 of the Act shall apply (in addition to children looked after by a local authority)–
a
to children, other than those looked after by a local authority, who are accommodated by health authorities, National Health Service trusts established under section 5 of the National Health Service and Community Care Act 1990 or local education authorities, and
b
to children, other than those looked after by a local authority, who are accommodated in residential care homes, nursing homes or mental nursing homes.
2
In relation to the children of a description specified in paragraph (1)(a) section 25 of the Act shall have effect subject to the following modifications–
a
for the words “who is being looked after by a local authority” in subsection (1) there shall be substituted the words “who is being provided with accommodation by a health authority, a National Health Service trust established under section 5 of the National Health Service and Community Care Act 1990 or a local education authority”.
b
for the words “local authorities” in subsection (2)(c) there shall be substituted the words “health authorities, National Health Service trusts or local education authorities”.
3
In relation to the children of a description specified in paragraph (1)(b), section 25 of the Act shall have effect subject to the following modifications–
a
for the words “who is being looked after by a local authority” in subsection (1) there shall be substituted the words “who is being provided with accommodation in a residential care home, a nursing home or a mental nursing home”; and
b
for the words “local authorities” in subsection (2)(c) there shall be substituted the words “persons carrying on residential care homes, nursing homes or mental nursing homes”.
Applications to court
8
Subject to section 101 of the Local Government Act 1972 , applications to a court under section 25 of the Act in respect of a child shall be made only by the local authority which are looking after that child.
Duty to give information of placement in community homes
9
Where a child is placed in secure accommodation in a community home which is managed by an authority other than that which are looking after him the local authority which manage that accommodation shall inform the authority which are looking after him that he has been placed there, within 12 hours of his being placed there, with a view to obtaining their authority to continue to keep him there if necessary.
Maximum period in secure accommodation without court authority
10
–
1
Subject to paragraphs (2) and (3), the maximum period beyond which a child to whom section 25 of the Act applies may not be kept in secure accommodation without the authority of a court is an aggregate of 72 hours (whether or not consecutive) in any period of 28 consecutive days.
2
Where authority of a court to keep a child in secure accommodation has been given, any period during which the child has been kept in such accommodation before the giving of that authority shall be disregarded for the purpose of calculating the maximum period in relation to any subsequent occasion on which the child is placed in such accommodation after the period authorised by court has expired.
3
Where a child is in secure accommodation at any time between 12 midday on the day before and 12 midday on the day after a public holiday or a Sunday, and
a
during that period the maximum period specified in paragraph (1) expires, and
b
the child had, in the 27 days before the day on which he was placed in secure accommodation, been placed and kept in such accommodation for an aggregate of more than 48 hours,
the maximum period does not expire until 12 midday on the first day, which is not itself a public holiday or a Sunday, after the public holiday or Sunday.
Maximum initial period of authorisation by a court
11
Subject to regulations 12 and 13 the maximum period for which a court may authorise a child to whom section 25 of the Act applies to be kept in secure accommodation is three months.
Further periods of authorisation by a court
12
Subject to regulation 13 a court may from time to time authorise a child to whom section 25 of the Act applies to be kept in secure accommodation for a further period not exceeding 6 months at any one time.
Maximum periods of authorisation by court for remanded children
13
–
1
The maximum period for which a court may from time to time authorise a child who has been remanded to local authority accommodation under section 23 of the Children and Young Persons Act 1969 to be kept in secure accommodation (whether the period is an initial period or a further period) is the period of the remand.
2
Any period of authorisation in respect of such a child shall not exceed 28 days on any one occasion without further court authorisation.
Duty to inform parents and others in relation to children in secure accommodation in a community home
14
Where a child to whom section 25 of the Act applies is kept in secure accommodation in a community home and it is intended that an application will be made to a court to keep the child in that accommodation, the local authority which are looking after the child shall if practicable inform of that intention as soon as possible–
a
his parent,
b
any person who is not a parent of his but who has parental responsibility for him,
c
the child’s independent visitor, if one has been appointed, and
d
any other person who that local authority consider should be informed.
Appointment of persons to review placement in secure accommodation in a community home
15
Each local authority looking after a child in secure accommodation in a community home shall appoint at least three persons, at least one of whom must not be employed by the local authority by or on behalf of which the child is being looked after, who shall review the keeping of the child in such accommodation for the purposes of securing his welfare within one month of the inception of the placement and then at intervals not exceeding three months where the child continues to be kept in such accommodation.
Review of placement in secure accommodation in a community home
16
–
1
The persons appointed under regulation 15 to review the keeping of a child in secure accommodation shall satisfy themselves as to whether or not–
a
the criteria for keeping the child in secure accommodation continue to apply;
b
the placement in such accommodation in a community home continues to be necessary; and
c
any other description of accommodation would be appropriate for him,
and in doing so shall have regard to the welfare of the child whose case is being reviewed.
2
In undertaking thr review referred to in regulation 15 the person appointed shall, if practicable, ascertain and take into account the wishes and feelings of–
a
the child,
b
any parent of his,
c
any person not being a parent of his but who has parental responsibility for him,
d
any other person who has had the care of the child, whose views the persons appointed consider should be taken into account,
e
the child’s independent visitor if one has been appointed, and
f
the local authority managing the secure accommodation in which the child is placed if that authority are not the authority who are looking after the child.
3
The local authority shall, if practicable, inform all those whose views are required to be taken into account under paragraph (2) of the outcome of the review and the reasons for such outcome.
Records to be kept in respect of a child in secure accommodation in a community home
17
Whenever a child is placed in secure accommodation in a community home the local authority which manages that accommodation shall ensure that a record is kept of–
a
the name, date of birth and sex of that child,
b
the care order or other statutory provision by virtue of which the child is in the community home and in either case particulars of any other local authority involved with the placement of the child in that home,
c
the date and time of his placement in secure accommodation, the reason for his placement, the name of the officer authorising the placement and where the child was living before the placement,
d
all those informed by virtue of regulation 9, 14 or 16(3) in their application to the child,
e
court orders made in respect of the child by virtue of section 25 of the Act,
f
reviews undertaken in respect of the child by virtue of regulation 15,
g
the date and time of any occasion on which the child is locked on his own in any room in the secure accommodation other than his bedroom during usual bedtime hours, the name of the person authorising this action, the reason for it and the date on which and time at which the child ceases to be locked in that room, and
h
the date and time of his discharge and his address following discharge from secure accommodation
and the Secretary of State may require copies of these records to be sent to him at any time.
Voluntary homes and registered children’s homes not to be used for restricting liberty
18
–
1
The use of accommodation for the purpose of restricting the liberty of children in voluntary homes and registered children’s homes is prohibited.
2
The contravention of, or failure to comply with the provisions of paragraph (1), without reasonable excuse, shall be an offence against these Regulations .
Revocation of Secure Accommodation ( No. 2) Regulations 1983 and the Amendment Regulations
19
The Secure Accommodation (No. 2) Regulations 1983 and the Secure Accommodation (No. 2) (Amendment) Regulations 1986 are hereby revoked.
Signed by authority of the Secretary of State for Health.
Virginia Bottomley
Minister of State,
Department of Health
30th June 1991


text:
title and commencement
1
This Order may be cited as the Specified Diseases (Notification) Order 1991 and shall come into force on 1st June 1991.
Extension of definitions of “animals” and “disease”
2
For the purposes of the Act in its application to this Order —
a
the definition of “animals” in section 87(1) of the Act is hereby extended to comprise ungulates and rabbits ; and
b
the definition of “disease” in section 88(1) of the Act is hereby extended to comprise the diseases listed in column 1 of the Schedule to this Order.
Interpretation
3
In this Order —
“the Act” means the Animal Health Act 1981 ;
“diseased” means affected with a specified disease ;
“Divisional Veterinary Officer” means the vetinary inspector appointed for the time being by the Minister to received information about diseased or suspected animals, or the carcases of such animals, for the area in which such animals or carcases are ;
“premises” includes land with or without buildings ;
“specified disease” means a disease specified in column 1 of the Schedule to this Order when it affects an animal specified in column 2 of that Schedule opposite the reference to such a disease ;
“suspected” means suspected of being diseased ;
“veterinary surgeon” means a person registered in the register of veterinary surgeons kept under section 2 of the Veterinary Surgeons Act 1966 or the supplementary veterinary register kept under section 8 of that Act.
Notice of specified disease
4
1
A person who has in his possession or under his charge a diseased or suspected animal or carcase shall give notice of that fact as soon as practicable in accordance with article 5(1) below.
2
A veterinary surgeon or other person who, in the course of his duties, examines or inspects a diseased or suspected animal or carcase shall give notice of that fact as soon as practicable in accordance with article 5(1) below.
3
A person who, following analysis by him of a sample taken from an animal or carcase, reasonably suspects that the animal or carcase is diseased shall give notice of that fact as soon as practicable in accordance with article 5(1) below.
Notice
5
1
A notice under this Order shall be given to —
a
the Divisional Veterinary Officer, or
b
an inspector, or
c
a constable of the police force for the police area in which the animal or carcase is situated.
2
An inspector (other than a veterinary inspector) or a constable who receives notice under this Order shall immediately inform a veterinary inspector of the facts notified.
Offence
6
Any person who, without lawful authority or excuse, fails to comply with article 4 of this Order shall be guilty of an offence against the Act.
Amendment of the Movement of Animals (Restrictions) Order 1990
7
The Movement of Animals (Restrictions) Order 1990 shall be amended as follows —
a
for paragraph (3) of article 3 there shall be substituted the following —
3
This Order applies to any disease specified in the Specified Diseases (Notification) Order 1991 but does not apply to any other disease the existence of which may be ascertained by a veterinary inspector in pursuance of the provisions of any other Order made under the Act or any Order which has effect as if so made.
;
b
for paragraph (2) of article 7 there shall be substituted the following —
2
Any person who moves any animal , carcase or other thing under the authority of a licence under this Order shall —
a
ensure that the licence accompanies the animal, carcase or other thing ; and
b
on demand made by an inspector or other officer of the Ministry or by an inspector of the local authority or by a member of a police force, produce the licence, allow a copy or extract to be taken, and give his name and address.
.
Local authority to enforce order
8
The provisions of article 4 of this Order shall be enforced by the local authority.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 7th May 1991.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Ian Lang
Secretary of State for Scotland
7th May 1991
David Hunt
Secretary of State for Wales
3rd May 1991


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Official Listing of Securities (Change of Competent Authority) Regulations 1991 and shall come into force on 2nd October 1991.
2
These Regulations extend to Northern Ireland.
Interpretation
2
In these Regulations —
“ the Act ” means the Financial Services Act 1986 ;
“the old competent authority” means the Council of The Stock Exchange; and
“the new competent authority” means The International Stock Exchange of the United Kingdom and the Republic of Ireland Limited.
Change of competent authority under Part IV of the Act and consequential amendments to that Part
3
1
The following amendments shall be made to section 142 of the Act —
a
in section 142(1), the words “of The Stock Exchange” shall be deleted;
b
in section 142(6), the words “The International Stock Exchange of the United Kingdom and the Republic of Ireland Limited” shall be substituted for the words “the Council of The Stock Exchange”;
c
in section 142(7), the words ““the Official List” means the list maintained by the competent authority for the purposes of this Part of this Act” shall be substituted for the words ““the Official List” means the Official List of The Stock Exchange”;
d
the following shall be substituted for section 142(8) —
8
Any functions of the competent authority under this Part of this Act may be exercised by its governing body or by any committee or sub-committee of that body or by any officer or servant of the authority except that listing rules —
a
shall be made only by the governing body of the authority or by a committee or sub-committee of that body; and
b
if made by a committee or sub-committee, shall cease to have effect at the end of the period of twenty-eight days beginning with the day on which they are made (but without prejudice to anything done under them) unless before the end of that period they are confirmed by the governing body of the authority.
; and
e
in section 142(9), the words “the competent authority” shall be substituted for the words “the Council of The Stock Exchange”.
2
Section 157 of the Act shall be repealed.
Transitional provisions
4
1
Rules made by the old competent authority or by any committee or sub-committee of the old competent authority under the powers conferred by Part IV of the Act shall be treated and have effect for all purposes as if made under those powers bythe governing body of the new competent authority or, as the case may be, by a committeeor sub-committee of that governing body.
2
Anything which, when these Regulations come into force, is in the process of being done by the old competent authority in exercise of functions under Part IV of the Act may be carried on and completed by the new competent authority in accordance with the provisions of Part IV of the Act as amended by these Regulations.
3
The new competent authority shall be substituted for the old competent authority in all legal proceedings to which the old competent authority is, at the time these regulations come into force, a party in its capacity as competent authority for the purposes of Part IV of the Act.
4
Investments listed on the Official List of The Stock Exchange at the time these Regulations come into force shall be treated for all purposes as if they were listed on the Official List maintained by the new competent authority for the purposes of Part IV ofthe Act.
5
References to the Official List of The Stock Exchange in any enactment, including an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978 , shall have effect as references to the Official List maintained by the new competent authority for the purposes of Part IV of the Act.
Consequential amendments to other enactments
5
1
In section 60(8) of the Companies Act 1985 (exceptions from rule in section 59), the words “the competent authority for the purposes of Part IV of the Financial ServicesAct 1986” shall be substituted for the words “the Council of The Stock Exchange”.
2
In the definition of the expression “negotiable bonds” in regulation 1(3) of the Local Authority (Stocks and Bonds) Regulations 1974 (title, commencement and interpretation), the words “the competent authority for the purposes of Part IV of the Financial Services Act 1986” shall be substituted for the words “the Council of The Stock Exchange”.
3
In regulation 6(b) of the Local Authorities (Borrowing) Regulations 1990 (redemption of loan instruments), the words “the competent authority for the purposes of Part IV of the Financial Services Act 1986” shall be substituted for the words “the Council of The Stock Exchange”.
John Redwood
Minister for Corporate Affairs,
Department of Trade and Industry
3rd September 1991


text:
1
This Order may be cited as the Administration of Justice Act 1982 (Commencement No. 7) Order 1991.
2
Paragraph 10 of Schedule 6 to the Administration of Justice Act 1982 shall come into force on 1st September 1991.
Mackay of Clashfern, C.
Dated 25th July 1991


text:
PART I
INTRODUCTORY
Citation and commencement
1
These Regulations may be cited as the Representations Procedure(Children) Regulations 1991, and shall come into force on 14th October1991.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Children Act 1989;
“complainant” means a person qualifying for advice and assistance about thedischarge of their functions by a local authority under Part III of theAct in relation to him, or a person specified in section 26(3)(a) to (e)of the Act making any representations;
“independent person” means in relation to representations made to, or treated as beingmade to, a local authority, a person who is neither a member nor anofficer of that authority;
“panel” means a panel of 3 persons;
“representations” means representations referred to in sections 24(14) or 26(3) ofthe Act.
2
Any notice required under these Regulations is to be given inwriting and may be sent by post.
3
In these Regulations unless the context requires otherwise —
a
any reference to a numbered section is to the section in the Actbearing that number;
b
any reference to a numbered regulation is to the regulation in theseRegulations bearing that number, and any reference in a regulation to anumbered paragraph is to the paragraph of that regulation bearing thatnumber.
PART II
REPRESENTATIONS AND THEIR CONSIDERATION
Local authority action
3
1
The local authority shall appoint one of their officers to assistthe authority in the co-ordination of all aspects of their considerationof the representations.
2
The local authority shall take all reasonable steps to ensure thateveryone involved in the handling of the representations, includingindependent persons, is familiar with the procedure set out in theseRegulations.
Preliminaries
4
1
Where a local authority receive representations from anycomplainant, except from a person to whom section 26(3)(e) may apply,they shall send to the complainant an explanation of the procedure setout in these Regulations, and offer assistance and guidance on the useof the procedure, or give advice on where he may obtain it.
2
Where oral representations are made, the authority shall forthwithcause them to be recorded in writing, and sent to the complainant, whoshall be given the opportunity to agree that they are accuratelyrecorded in writing.
3
For all other purposes of these Regulations the written record towhichparagraph (2) refers shall be deemed to be the representations.
4
Where a local authority receive representations from a person towhom they consider section 26(3)(e) may apply they shall —
a
forthwith consider whether the person has a sufficient interest inthe child’s welfare to warrant his representations being considered bythem;
b
if they consider that he has a sufficient interest, cause therepresentations to be dealt with in accordance with the provisions ofthese Regulations, and send to the complainant an explanation of theprocedure set out in the Regulations, and offer assistance and guidanceon the use of the procedure, or give advice on where he may obtain it;
c
if they consider that he has not got a sufficient interest theyshall notify him accordingly in writing, and inform him that no furtheraction will be taken;
d
if they consider it appropriate to do so having regard to hisunderstanding, they shall notify the child of the result of theirconsideration.
5
Where paragraph (4)(b) applies, the date at which the authorityconclude that the person has a sufficient interest shall be treated forthe purpose of these Regulations as the date of receipt of therepresentations.
Appointment of independent person
5
Where the local authority receive representations under regulation 4they shall appoint an independent person to take part in theconsideration of them, unless regulation 4(4)(c) applies.
Consideration by local authority with independent person
6
1
The local authority shall consider the representations with theindependent person and formulate a response within 28 days of theirreceipt.
2
The independent person shall take part in any discussions which areheld by the local authority about the action (if any) to be taken inrelation to the child in the light of the consideration of therepresentations.
Withdrawal of representations
7
The representations may be withdrawn at any stage by the personmaking them.
Notification to complainant and reference to panel
8
1
The local authority shall give notice within the period specified inregulation 6 to —
a
the complainant;
b
if different, the person on whose behalf the representations weremade, unless the local authority consider that he is not of sufficientunderstanding or it would be likely to cause serious harm to his healthor emotional condition;
c
the independent person;
d
any other person whom the local authority consider has sufficientinterest in the case
of the proposed result of their consideration of the representations and the complainant’s right to have the matter referred to a panel under paragraph (2).
2
If the complainant informs the authority in writing within 28 days of the date on which notice is given under paragraph (1) that he is dissatisfied with the proposed result and wishes the matter to be referred to a panel for consideration of the representations, a panel shall be appointed by the local authority for that purpose.
3
The panel shall include at least one independent person.
4
The panel shall meet within 28 days of the receipt by the localauthority of the complainant’s request that the matter be referred to apanel.
5
At that meeting the panel shall consider —
a
any oral or written submissions that the complainant or the localauthority wish to make; and
b
if the independent person appointed under regulation 5 is differentfrom the independent person on the panel, any oral or writtensubmissions which the independent person appointed under regulation 5wishes to make.
6
If the complainant wishes to attend the meeting of the panel he maybe accompanied throughout the meeting by another person of his choice,and may nominate that other person to speak on his behalf.
Recommendations
9
1
When a panel meets under regulation 8, they shall decide on theirrecommendations and record them with their reasons in writing within 24hours of the end of the meeting referred to in regulation 8.
2
The panel shall give notice of their recommendations to —
a
the local authority;
b
the complainant;
c
the independent person appointed under regulation 5 if differentfrom the independent person on the panel;
d
any other person whom the local authority considers has sufficientinterest in the case.
3
The local authority shall, together with the independent personappointed to the panel under regulation 8(3) consider what action if anyshould be taken in relation to the child in the light of therepresentation, and that independent person shall take part in anydecisions about any such action.
PART III
REVIEW
Monitoring of operation of procedure
10
1
Each local authority shall monitor the arrangements that they havemade with a view to ensuring that they comply with the Regulations bykeeping a record of each representation received, the outcome of eachrepresentation, and whether there was compliance with the time limitsspecified in regulations 6(1), 8(4) and 9(1).
2
For the purposes of such monitoring, each local authority shall, atleast once in every period of twelve months, compile a report on theoperation in that period of the procedure set out in these Regulations.
3
The first report referred to in paragraph (2) shall be compiledwithin twelve months of the date of coming into force of theseRegulations.
PART IV
APPLICATION OF REGULATIONS TO VOLUNTARYORGANISATIONS ANDREGISTERED CHILDREN'S HOMESAND IN SPECIAL CASES
Application to voluntary organisations and registered children'shomes
11
1
The provisions of Parts I to III of these Regulations shall applywhere accommodation is provided for a child by a voluntary organisation,and he is not looked after by a local authority, as if —
a
for references to“local authority” there were substituted references to“voluntary organisation”;
b
for the definition in regulation 2(1) of“complainant” there were substituted —
“complainant” means
any child who is being provided with accommodation by a voluntaryorganisation;
any parent of his;
any person who is not a parent of his but who has parentalresponsibility for him;
such other person as the voluntary organisation consider has asufficient interest in the child’s welfare to warrant hisrepresentations being considered by them.
c
for the definition in regulation 2(1) of“independent person” there were substituted —
“independent person” means in relation to representations made to, or treated as beingmade to a voluntary organisation, a person who is not an officer of thatvoluntary organisation nor a person engaged in any way in furthering itsobjects, nor the spouse of any such person;
and
d
for the definition in regulation 2(1) of“representations” there were substituted —
“representations” means representations referred to in section 59(4) about thedischarge by the voluntary organisation of any of their functionsrelating to section 61 and any regulations made under it in relation tothe child.
;
e
for the reference in regulation 4(1) and (4) to a person to whomsection 26(3)(e) may apply or to whom the local authority considersection 26(3)(e) may apply there was substituted a reference to a personwho may fall within sub-paragraph (d) in the definition of“complainant” in these Regulations.
2
The provisions of Parts I to III of these Regulations shall applywhere accommodation is provided for a child in a registered children'shome, but where a child is neither looked after by a local authority noraccommodated on behalf of a voluntary organisation, as if —
a
for references to“local authority” there were substituted references to“the person carrying on the home”;
b
for the definition in regulation 2(1) of“complainant” there were substituted —
“complainant” means
any child who is being provided with accommodation in a registeredchildren’s home;
a parent of his;
any person who is not a parent of his but who has parentalresponsibility for him;
such other person as the person carrying on the home considers has asufficient interest in the child’s welfare to warrant hisrepresentations being considered by them;
c
for the definition in regulation 2(1) of“independent person” there were substituted —
“independent person” means in relation to representations made to a person carrying on aregistered children’s home, a person who is neither involved in themanagement or operation of that home nor financially interested in itsoperation, nor the spouse of any such person;
d
for the definition in regulation 2(1) of“representations” there were substituted —
“representations” means any representations (including any complaint) made inrelation to the person carrying on the registered children’s home by acomplainant about the discharge of his functions relating to section64.
;
e
for the reference in regulation 4(1) and (4) to a person to whomsection 26(3)(e) may apply or to whom the local authority considersection 26(3)(e) may apply there was substituted a reference to a personwho may fall within sub-paragraph (d) in the definition of“complainant” in these Regulations.
Special cases including application to representations by fosterparents
12
1
Where representations would fall to be considered by more than onelocal authority, they shall be considered by the authority which islooking after the child or by the authority within whose area the childis ordinarily resident where no authority has that responsibility.
2
The provisions of Parts I and III of, and of regulation 12(1) of,these Regulations, shall apply to the consideration by a local authorityof any representations (including any complaint) made to them by anyperson exempted or seeking to be exempted under paragraph 4 of Schedule7 to the Act (foster parents: limits on numbers of foster children)about the discharge of their functions under that paragraph asif —
a
for the definition in regulation 2(1) of“complainant” there were substituted:“a person exempted or seeking to be exempted under paragraph 4 ofSchedule 7 to the Act making any representations;”
b
for the definition in regulation 2(1) of“representations” there were substituted:“representations referred to in paragraph 6 of Schedule 7 to the Act.”;
c
in regulation 4(1) the words“except from a person to whom section 26(3)(e) may apply” were omitted;
d
regulation 4(4) and (5) were omitted.
Signed by authority of the Secretary of State for Health.
Virginia Bottomley
Minister of State,
Department of Health
2nd April 1991


text:
Title, commencement and interpretation
1
1
This Scheme may be cited as the Farm Diversification Grant (Variation) (No. 2) Scheme 1991 and shall come into force on 18th July 1991.
2
In this Scheme “the principal Scheme” means the Farm Diversification Grant Scheme 1987 .
Variation of the principal Scheme
2
The principal Scheme shall be varied in accordance with the following paragraphs of this Scheme.
3
In the definition of “designated maps” in paragraph 2(1) (interpretation) —
a
in sub-paragraph (a), for the date “3rd April 1984” there shall be substituted the date “20th May 1991”;
b
in sub-paragraph (b), for the date “29th March 1984” there shall be substituted the date “20th May 1991”; and
c
in sub-paragraph (c) —
i
for the date “2nd April 1984” there shall be substituted the date “15th May 1991”, and
ii
for the words “Department of Agriculture and Fisheries for Scotland” there shall be substituted “Scottish Office Agriculture and Fisheries Department”.
4
For paragraph 6 (closing date for approval of farm diversification plans), there shall be substituted the following paragraph:
6
The appropriate Minister shall not approve a farm diversification plan for the purposes of grant under this Scheme where the plan is received by him after 17th July 1991.
.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 6th June 1991.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Strathclyde
Parliamentary Under Secretary of State, Scottish Office
5th June 1991
David Hunt
Secretary of State for Wales
5th June 1991
We approve,
Gregory Knight
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
6th June 1991


text:
1
This Order may be cited as the Customs and Excise Duties (PersonalReliefs for Goods Temporarily Imported) (Amendment) Order 1991 and shallcome into force on 1st July 1991.
2
The Customs and Excise Duties (Personal Reliefs for GoodsTemporarily Imported) Order 1983 shall be amended as follows.
3
For article 3(2) there shall be substituted the following —
2
Notwithstanding paragraph (1) above —
a
where relief is afforded under article 13 below, for the purposes ofthat article and article 9 below, the words“seven months” shall be substituted for the words“six months” in paragraph (1)(b) above;
b
where relief is afforded under article 10 below and the temporaryvisitor has his occupational ties in the United Kingdom, for thepurposes of that article and article 9 below, the words“nine months” shall be substituted for the words“six months” in paragraph (1)(b) above.
.
4
In article 5(2) —
a
for the words“the Postal Packets (Customs and Excise) Regulations 1975”, there shall be substituted the words“the Postal Packets (Customs and Excise) Regulations 1986 ”;
b
for the words“the Excise Warehousing (Etc.) Regulations 1982”, there shall be substituted the words“the Excise Warehousing (Etc.) Regulations 1988 ”.
5
In article 10 —
a
in paragraph (2), for the words“the Commissioners may authorise a re-hiring of the vehicle with aview to its exportation within 5 days” there shall be substituted the following —
the Commissioners may authorise a re-hiring of the vehicle oncondition that it is exported:
no later than at the expiry of 5 days following the re-hiring; or
in the case of a vehicle re-hired to the temporary visitor whoimported it, no later than at the end of the temporary importationperiod where that period ends after the expiry of 5 days following there-hiring; or
in the case of a vehicle re-hired to a temporary visitor who did notimport it, at the end of what would have been the temporary importationperiod (where that period would have ended after the expiry of 5 daysfollowing the re-hiring) had he in fact imported it and had theprovisions of article 3(1)(b) above applied.
.
b
after paragraph (2), there shall be added the following —
3
For the purposes of paragraph (1)(b) above, but without prejudiceto the generality thereof, where it is intended that a vehicle importedby a temporary visitor shall be used by someone other than him oranother temporary visitor authorised by him, provided that the importerwill be in the United Kingdom whilst it is so used and that such otherperson is a member of the importer’s family, then the vehicle shall betreated as intended for his private use.
4
For the purposes of paragraph 3 above, someone is a member of theimporter’s family when he is his child, or his child’s spouse, hisparent, his brother, his sister, or his brother’s spouse or his sister'sspouse.
.
6
After article 12, there shall be inserted the following new Part —
PART IVA
Motor Vehicles Imported for Use by Persons Normally Resident in the United Kingdom
Relief for motor vehicles in certain circumstances
12A
1
Subject to the provisions of Part II and of this paragraph, a personentering the United Kingdom who is normally resident in the UnitedKingdom shall not be required to pay duty or tax chargeable on theimportation of any motor vehicle on condition that —
a
it is registered outside the United Kingdom;
b
it has been made available to him in substitution for a vehicle usedby him outside the United Kingdom, which has broken down or which hasbeen stolen;
c
he does not own it;
d
it has been made available to him free of charge; and
e
it is intended to be exported from the United Kingdom within 10 daysof its importation.
Relief for motor vehicles hired abroad
2
Subject to the provisions of Part II and of this paragraph, a personentering the United Kingdom who is normally resident in the UnitedKingdom shall not be required to pay duty or tax chargeable on theimportation of any motor vehicle on condition that —
a
it is registered outside the United Kingdom;
b
it is the subject of a hire contract; and
c
it is intended to be exported from the United Kingdom within 2 daysof its importation.
Relief for motor vehicles for business use
3
Subject to the provisions of Part II and of article 16 below, aperson entering the United Kingdom who is normally resident in theUnited Kingdom shall not be required to pay duty or tax chargeable onthe importation of any motor vehicle on condition that —
a
he is employed under a contract of employment;
b
private use of the vehicle is permitted under the terms of thatcontract;
c
he has his occupational ties in a member state;
d
the vehicle is registered in that member state;
e
it is owned or hired in that member state by his employer;
f
it is intended to be used by him primarily for business use; and
g
the motor vehicle is intended to be exported from the United Kingdomwithin what would have been the temporary importation period if thevehicle had been imported by a temporary visitor and the provisions ofarticle 3(2)(a) above applied.
4
For the purposes of paragraph (3)(f) above, but without prejudice tothe generality thereof, a vehicle shall be treated as intended for aperson’s business use where it is intended that even should it be usedby someone other than him, he will be in the United Kingdom whilst thecar is so used and that other person will be a member of his family.
5
For the purposes of paragraph (4) above, someone will be a member ofthe person’s family when he is his child, or his child’s spouse, hisparent, his brother, his sister, or his brother’s spouse or his sister'sspouse.
.
7
After article 14(2), there shall be added the following —
3
notwithstanding the provisions of Part II and of paragraph (1)above, a motor vehicle, bicycle or tricycle in respect of which reliefhas been afforded under that paragraph may be used by the spouse of theperson importing it.
.
8
In article 16, after the words“consumption tax” there shall be added the following —
, save that where a motor vehicle bears a standard registration plateof the place of registration (but not a temporary registration plate)the foregoing conditions shall be treated as having been complied with.
.
Alexander W. Russell
Commissioner of Customs and Excise
New King’s Beam House,
22 Upper Ground,
London SE1 9PJ
3rd June 1991


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service Trusts (Public Meetings) Regulations 1991 and shall come into force on 1st April 1991.
2
In these Regulations, unless the context otherwise requires, “ the Act ” means the National Health Service and Community Care Act 1990.
Timing of the public meeting for the presentation of the audited accounts, annual report and any report on the accounts
2
For the purposes of paragraph 7(2) of Schedule 2 to the Act, the prescribed time for holding the public meeting of an NHS trust shall be on or before 30th September in every year, other than that which includes the operational date of the trust.
Other public meetings
3
For the purposes of paragraph 7(3) of Schedule 2 to the Act —
a
the circumstances in which an NHS trust shall hold a public meeting are those where it has received an auditor’s report made under the provisions of section 15(3) of the Local Government Finance Act 1982 , other than a report on the audited accounts;
b
the time for holding the meeting is as soon as practicable, and in any event not later than three months, after the date on which the NHS trust received that report; and
c
the document which shall be presented at the meeting is that report.
Concurrent meetings
4
Nothing in these Regulations shall prevent a public meeting held pursuant to paragraph 7(2) of Schedule 2 to the Act in accordance with regulation 2 from being held on the same date and at the same time as a public meeting held pursuant to paragraph 7(3) of that Schedule in accordance with regulation 3.
Signed by authority of the Secretary of State for Health
Stephen Dorrell
Parliamentary Under-Secretary of State,
Department of Health
6th March 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Royal Cornwall Hospitals and West Cornwall Hospital National Health Service Trust (Establishment) Order 1991 and shall come into force on 1st November 1991.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 1st November 1991;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Royal Cornwall Hospitals and West Cornwall Hospital National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Royal Cornwall Hospitals and West Cornwall Hospital National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to own and manage hospital accommodation and services provided at Royal Cornwall Hospital Treliske, Truro, Cornwall, TR1 3LJ and associated hospitals.
Directors of the trust
4
The trust shall have, in addition to the chairman 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1992.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Cornwall and Isles of Scilly 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 Cornwall and Isles of Scilly 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 Cornwall and Isles of Scilly 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