text:
1
These Regulations may be cited as the Police (Amendment) Regulations 1990 and shall come into force on 1st April 1990.
2
In these Regulations “the principal Regulations ” means the Police Regulations 1987 .
3
There shall be substituted for regulation 49 of the principal Regulations (rent allowance) the following provisions:
Housing allowance
49
1
Subject to the provisions of regulation 49B, a member of a police force who is not provided with a house or quarters free of rent shall be paid a housing allowance which shall be either a standard-rate allowance or a half-rate allowance:
Provided that–
a
a member to whom regulation 50 applies who is so provided with quarters shall be paid a housing allowance in addition;
b
a member of a police force shall not be paid a housing allowance if he is on unpaid leave;
c
a member of a police force shall not be paid a housing allowance if he resides in a house or quarters provided free of rent to another member of a police force (except in the case of a member who so resided on 31st March 1990 for so long as he continues so to reside there).
2
Subject to paragraph (3), a standard-rate allowance–
a
shall be paid to a member married to (but not separated from) a person who either–
i
is not a member of a police force, or
ii
is such a member but is on unpaid leave;
b
shall be paid to an unmarried member, or a member separated from his spouse, who–
i
has attained the age of 30 years,
ii
has served for 5 years as a member of that or any other police force, and
iii
occupies as owner or tenant the accommodation in which he is living;
c
may, if the police authority think fit, be paid to a member, not being a member to whom sub-paragraph (a) or (b) applies, who–
i
has a dependent relative living with him, or
ii
is separated from, or has divorced or been divorced by, his spouse, or
iii
is a widower or widow;
and in all other cases a half-rate allowance shall be paid.
3
A standard-rate allowance shall not be payable–
a
to a member who occupies otherwise than as owner accommodation in respect of which he makes no payment (by way of rent or mortgage interest), or
b
to a member who resides in accommodation which he shares with another member so, however, that this sub-paragraph shall not preclude the payment of a standard-rate allowance where that other member is on unpaid leave.
4
A standard-rate allowance payable to a member shall be the standard rate for his rank determined in accordance with paragraphs (5), (6), (7), (8) and (9).
5
The standard-rate housing allowance for a member holding a rank of constable, sergeant or inspector shall be such sum as represents
A - B C
where–
a
A equals the total annual amount payable by way of rent allowance, calculated as at 31st March 1990, in respect of members of his force in receipt of such allowance on that date,
b
B equals such part of the amount mentioned in sub-paragraph (a) as would be attributable to amounts payable in rates by those members, and
c
C equals the number of members of that force, adjusted in accordance with paragraph (6), who were in receipt of rent allowance on 31st March 1990.
,
6
The number of members of a police force in receipt of rent allowance on 31st March 1990 shall be adjusted as follows:
a
a member holding the rank of constable, sergeant or inspector in receipt on that date of a flat-rate rent allowance shall be reckoned as half a member;
b
a member holding the rank of constable, sergeant or inspector then in receipt of a maximum limit rent allowance shall be reckoned as one member;
c
a member holding the rank of superintendent then in receipt of a flat-rate rent allowance shall be reckoned as 0.58 of a member and such a member then in receipt of a maximum limit rent allowance shall be reckoned as 1.16 members;
d
a member holding the rank of assistant chief constable or deputy chief constable or, in the case of the City of London police force, commander or assistant commissioner, or in the case of the Metropolitan police force, commander or deputy assistant commissioner, then in receipt of a flat-rate rent allowance shall be reckoned as 0.675 of a member and such a member then in receipt of a maximum limit rent allowance shall be reckoned as 1.35 members; and
e
a member holding the rank of chief constable or, in the case of the City of London police force, commissioner, or in the case of the Metropolitan police force, deputy commissioner or assistant commissioner, then in receipt of a flat-rate rent allowance shall be reckoned as 0.78 of a member and such a member then in receipt of a maximum limit rent allowance shall be reckoned as 1.56 members.
7
The standard-rate housing allowance for a member holding the rank of superintendent shall be the sum of the standard rate determined in accordance with paragraphs (5) and (6) and 16 per cent of that rate.
8
The standard-rate housing allowance for a member holding the rank of assistant chief constable or deputy chief constable or, in the case of the City of London police force, commander or assistant commissioner, or in the case of the Metropolitan police force, commander or deputy assistant commissioner, shall be the sum of the standard rate determined in accordance with paragraphs (5) and (6) and 35 per cent of that rate.
9
The standard-rate housing allowance for a member holding the rank of chief constable or, in the case of the City of London police force, commissioner, or in the case of the Metropolitan police force, deputy commissioner or assistant commis sioner, shall be the sum of the standard rate determined in accordance with paragraphs (5) and (6) and 56 per cent of that rate.
10
A half-rate allowance shall be equal to half the amount determined as the standard-rate allowance for members of the same rank.
11
Except where the member’s spouse or former spouse is a member of a police force, a married member who is separated from his spouse or a member who has divorced, or been divorced by, his spouse may, if he regularly makes periodic payments to or for the benefit of his spouse or former spouse, be granted–
a
where he is in receipt of a housing allowance under paragraph (1) or, as the case may be, a transitional rent allowance under regulation 49B, an addition to that allowance, or
b
where he is provided with a house or quarters free of rent, a housing allowance,
equal to whichever is the lesser of the two following amounts, namely, the amount by which his former allowance exceeds his present allowance or the amount paid by him to or for the benefit of his spouse or former spouse.
12
In this regulation–
a
the expression “his former allowance” means–
i
in relation to a member who, immediately before his spouse com menced to live apart from him, was being provided with a house or quarters free of rent, a sum fixed as the value for the time being of that house or those quarters;
ii
in relation to any other member, the maximum limit rent allowance or housing allowance or, as the case may be, the transitional rent allowance which was payable to him immediately before his spouse commenced to live apart from him;
b
the expression “his present allowance” means, as the case may be, the housing allowance which is being paid to the member under paragraph (1), the transitional rent allowance paid to him under regulation 49B, reduced in accordance with paragraph (5) of that regulation, or a sum fixed as the value for the time being of the house or quarters with which he is provided;
c
the expressions “rent allowance” and “rates” have the same meanings as they had in regulation 49 of the principal Regulations as originally enacted;
d
a reference to the provision of a house or quarters free of rent is a reference to such provision by a police authority.
Housing allowance: supplementary
49A
Standard-rate and half-rate housing allowances determined in accordance with regulation 49 in relation to any police force shall be adjusted–
a
on 1st April 1990, in the case of a police force whose maximum limit rent allowance payable under the principal Regulations, as originally enacted, would have fallen to be re-fixed by the police authority on a date during 1990, or
b
on 1st April 1991, in the case of a police force whose maximum limit rent allowance so payable would have fallen to be so re-fixed on a date during 1991,
and thereafter on each biennial of the applicable date; and each such adjustment shall correspond to any movement in the retail prices index since the rent allowance or housing allowance, as the case may be, was last fixed in relation to that force.
Transitional rent allowance
49B
1
This paragraph applies to a member of a police force to whom a rent allowance was payable on 31st March 1990 where the sum of the annual rent allowance (and, where appropriate, supplementary rent allowance) then payable to him and his compensatory grant in respect of the financial year ending on 5th April 1990 is greater than the standard-rate or half-rate housing allowance and any supplementary housing allowance to which he would be entitled under regulation 49, 50 or 51 for the year beginning on 1st April 1990.
2
Subject to the provisions of this regulation, a member to whom paragraph (1) applies shall be entitled, for any part of the relevant period when he would be eligible to receive a housing allowance, to be paid, instead of a housing allowance, an allowance (“transitional rent allowance”) at an annual rate equal to the amount of rent allowance payable per annum at the rate applicable to him on 31st March 1990.
3
A member to whom paragraph (1) applies who was in receipt of a supplementary rent allowance on 31st March 1990 shall be entitled, for any part of the relevant period when he would be eligible to receive a supplementary housing allowance, to be paid, instead of a supplementary housing allowance, an allowance (“transitional supplementary rent allowance”) at an annual rate equal to the amount of supplementary rent allowance payable per annum at the rate applicable to him on 31st March 1990.
4
In relation to a member to whom paragraph (1) applies, the relevant period mentioned in paragraphs (2) and (3) shall–
a
begin on 1st April 1990, and
b
end on the day immediately preceding the date on which the standard-rate or flat-rate housing allowance and any supplementary housing allowance to which he would then be entitled under regulation 49, 50 or 51 first equals or exceeds the sum of his transitional rent allowance, any transitional supplementary rent allowance or any supplementary housing allowance then payable to him and the total amount of compensatory grant paid since 1st April 1990 in pursuance of regulation 49D in respect of his rent allowance for the financial year ending on 5th April 1990;
except that the relevant period shall terminate if a member resigns (otherwise than upon immediate transfer to another force) or retires, or is discharged or dismissed, from a police force and shall not recommence if he again becomes a member of a police force.
5
Where a member in receipt of a transitional rent allowance was entitled on 31st March 1990 to a maximum limit rent allowance and thereafter, by reason of a change in his personal circumstances, he would be eligible only for a half-rate housing allowance, his transitional rent allowance shall, as long as he receives such allowance instead of a half-rate housing allowance, be equal to half the annual rate of rent allowance payable to him on 31st March 1990.
6
Where a member in receipt of a transitional rent allowance transfers to another police force, the amount of his allowance from the date of his transfer shall be, where he would otherwise be eligible for a standard-rate housing allowance, a sum equivalent to the maximum limit rent allowance fixed on 31st March 1990 for members of his new force of the same rank and, where he would otherwise be eligible for a half-rate housing allowance, a sum equivalent to the flat-rate rent allowance payable to such members on 31st March 1990.
7
Where a member of a police force in Scotland or Northern Ireland in receipt of a transitional rent allowance under a corresponding regulation which has effect there transfers to a police force in England and Wales he shall be eligible from the date of his transfer to receive such an allowance under this regulation; and paragraph (6) shall have effect in relation to him accordingly.
8
Where a member in receipt of a transitional rent allowance–
a
was on 31st March 1990 a member of a police force to whom regulation 51 applied,
b
was on that date in receipt of a rent allowance which, by virtue of paragraph (2) of that regulation, was less than that which would have been payable to him if he had not moved his home,
c
upon ceasing to be a member to whom regulation 51 applies again moves his home to the police area of the force of which he was a member immediately before his assignment to duty with a regional crime squad or a motorway patrol group,
the amount of his transitional rent allowance from the date when he again moves his home shall be that which would have been payable if he had not been assigned to that duty and had continued to occupy on 31st March 1990 the home from which he moved in accordance with regulation 51(2).
9
In this and the next following regulation–
a
the expressions “rent allowance” and “supplementary rent allowance” mean allowances payable under regulations 49 and 50 respectively of the principal Regulations as they had effect on 31st March 1990;
b
“central service” means service within the meaning of section 43 of the Police Act 1964 , and “overseas service” means service within the meaning of the Police (Overseas Service) Act 1945 or section 11 of the Overseas Development and Co-operation Act 1980 .
Application of regulation 49B to other members
49C
1
Subject to the provisions of this regulation, paragraph (1) of the preceding regulation shall also apply to a member of a police force who, on or after 1st April 1990–
a
reverts to his police force at the end of a period of central service or overseas service on which he was engaged on 31st March 1990;
b
returns to duty at the end of a period of unpaid leave which included 31st March 1990;
c
acquires a new home having ceased to receive a rent allowance on or before 31st March 1990 by reason only that he had necessarily moved his home, either on transferring from one force to another or at the request of the chief officer of police in the interests of the efficiency of the force, and was on 31st March 1990 occupying a house or quarters with which he was provided free of rent and rates pending disposal of his former home and acquisition of that new home; or
d
at the conclusion of a period of duty with a regional crime squad or a motorway patrol group returns to his former home, or acquires a new home in the police area of the force of which he was a member immediately before his assignment to that duty, having ceased to receive a rent allowance on or before 31st March 1990 by reason only that he had necessarily moved his home in the circumstances mentioned in regulation 51(2) and been provided with a house or quarters free of rent and rates which he was occupying on 31st March 1990;
and who also fulfils the requirements of paragraph (2).
2
The requirements referred to in the preceding paragraph are that:
a
the member was in receipt of a rent allowance immediately before his period of central service, overseas service or unpaid leave or immediately before moving his home, as the case may be; and
b
the rent allowance (and, where appropriate, supplementary rent allowance) which (but for his period of central service, overseas service or unpaid leave or his moving home) would have been payable to him on 31st March 1990 would have been greater than the standard-rate or half-rate housing allowance and any supplementary housing allowance to which he would then be entitled under regulation 49, 50 or 51.
3
In their application to such a member as is mentioned in paragraph (1)(a), the provisions of regulation 49B shall have effect as if–
a
in each of paragraphs (2) and (3) there were inserted–
i
before the word “payable” the words “which would have been”, and
ii
at the end the words “if he had then been a member of his police force in the rank in which he was serving, and occupying the accommodation in which he was living, immediately before the commencement of his period of central service or overseas service”;
b
in paragraph (3) there were substituted for the word “was” the words “, had he remained a member of his police force during his period of central service or overseas service and continued to occupy the accommodation in which he was living immediately before the commencement of that period, would have been”;
c
in paragraph (4)(a) there were substituted for the words “1st April 1990” the words “the day on which he reverts to his police force at the end of his period of central service or overseas service”;
d
in paragraph (4)(b) there were substituted for the word “paid” the words “which would have been paid, had he remained a member of his police force during his period of central service or overseas service,”;
e
in paragraph (5), there were substituted for the word “was” the words “would (if he had then been a member of his police force) have been”, and there were inserted after the words “rent allowance” in the last place where they occur the words “which would have been”.
4
In their application to such a member as is mentioned in paragraph (1)(b), the provisions of regulation 49B shall have effect as if–
a
in each of paragraphs (2) and (3) there were inserted–
i
before the word “payable” the words “which would have been”, and
ii
at the end the words “if he had not then been on unpaid leave but was serving in the rank he held, and occupying the accommodation in which he was living, immediately before the commencement of his period of unpaid leave”;
b
in paragraph (3) there were substituted for the word “was” the words “, had he not then been on unpaid leave and if he continued to occupy the accommodation in which he was living immediately before the commence ment of that period of leave, would have been”;
c
in paragraph (4)(a) there were substituted for the words “1st April 1990” the words “the day on which he returns to duty at the end of the period of unpaid leave”;
d
in paragraph (5), there were substituted for the word “was” the words “would (if he had not then been on unpaid leave) have been”, and there were inserted after the words “rent allowance” in the last place where they occur the words “which would have been”.
5
In their application to such a member as is mentioned in paragraph (1)(c) or (d), the provisions of regulation 49B shall have effect as if–
a
in each of paragraphs (2) and (3) there were inserted–
i
before the word “payable” the words “which would have been”, and
ii
at the end the words “if he had still been occupying his former home”;
b
in paragraph (3) there were substituted for the word “was” the words “, had he still been occupying his former home, would have been”;
c
in paragraph (4)(a) there were substituted for the words “1st April 1990” the words “the day on which he acquires his new home” or “the day on which he returns to his former home”, as the case may be;
d
in paragraph (5), there were substituted for the word “was” the words “would (if he had still been occupying his former home) have been”, and there were inserted after the words “rent allowance” in the last place where they occur the words “which would have been”.
Application of regulation 52
49D
1
Regulation 52 (compensatory grant) shall cease to have effect, except in relation to a member of a police force in receipt of a transitional rent allowance.
2
Where regulation 52 continues to have effect by virtue of paragraph (1)–
a
subject to sub-paragraph (c), compensatory grant shall be payable as if the expression “rent allowance” included “transitional rent allowance”;
b
no compensatory grant shall be payable after the end of the financial year ending on 5th April 1992 which would be attributable to the inclusion in the emoluments of the member in question of compensatory grant in respect of a rent allowance paid before 5th April 1990; but a member in receipt during that financial year of compensatory grant which is so attributable shall be paid in addition a sum equivalent to the amount of income tax which would be payable in respect of such compensatory grant at the basic rate of tax in force on 6th April 1991;
c
no compensatory grant shall be payable to a member after the end of the relevant period, referred to in regulation 49B (2) and (3), applicable to him.
.
4
There shall be inserted after regulation 52 of the principal Regulations the following provision:
Provided accommodation allowance
52A
1
This paragraph applies to a member of a police force who was on 31st March 1990 occupying a house or quarters with which he was provided by his police authority free of rent and rates and who on and after 1st April 1990 continues to occupy such accommodation free of rent.
2
A member to whom paragraph (1) applies shall, subject to paragraph (3), be paid an allowance (“provided accommodation allowance”) at the rate of £300 a year.
3
A provided accommodation allowance shall cease to be payable to a member on 1st April 1993 or on such date as he ceases to be provided with a house or quarters free of rent, whichever shall first occur.
.
5
The principal Regulations shall be amended as follows:
a
in regulation 50–
i
there shall be substituted for the word “rent”, in each place where it occurs except in paragraph (3)(a), the word “housing”,
ii
the words “and rates” in paragraph (3)(a) shall be deleted, and
iii
there shall be substituted for the word “flat-rate” in paragraph (3)(b) the word “half-rate”;
b
in regulation 51(2) there shall be substituted for the words “rent allowance” the words “housing allowance”;
c
in regulation 53(1)(d) there shall be substituted–
i
for the words “, rent or rates (within the meaning of regulation 49(7))” the words “or rent”, and
ii
for the words “rent allowance” in each place where they occur, the words “housing allowance or transitional rent allowance”;
d
in regulation 72–
i
the words “and rates” in paragraphs (1) and (2) shall be deleted,
ii
there shall be substituted in paragraph (1) and the proviso thereto for the words “rent allowance” in each place where they occur the words “housing allowance”,
iii
there shall be inserted in paragraph (1) after the words “regulation 49(1)” in the first place where they occur the words “or a transitional rent allowance under regulation 49B”, and
iv
there shall be inserted at the end of paragraph (a) of the proviso to paragraph (1) the words “or a transitional rent allowance under regulation 49B”;
e
in paragraph 3(2) of Schedule 2, there shall be substituted for the words “rent allowance” the words “housing allowance or transitional rent allowance”;
f
in paragraph 4(1) of Schedule 4–
i
for the words “rent allowance” there shall be substituted the words “housing allowance or transitional rent allowance”, and
ii
for the words “that regulation” there shall be substituted the words “regulation 49 or 49B respectively”; and
g
in paragraph 2 of Schedule 6, there shall be substituted for sub-paragraph (a) the following provision–
a
a housing allowance, supplementary housing allowance, transitional rent allowance, transitional supplementary rent allowance, compensa tory grant or provided accommodation allowance; or
.
David Waddington
One of Her Majesty’s Principal Secretaries of State
Home Office
1st March 1990


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Export of Goods (Control) (Iraq and Kuwait Sanctions) Order 1990and shall come into force on 9th August 1990.
2
Unless the context otherwise requires, any expression used in this Order shall have the meaning it bears in the Export of Goods (Control) Order 1989 .
Prohibition on exportation to Iraq and Kuwait
2
1
Subject to article 3 of this Order, all goods are prohibited to be exported from the United Kingdom to any destination in Iraq or Kuwait, or to any destination in any other country for delivery, directly or indirectly, to a person for the purposes of any business carried on in or operated from Iraq or Kuwait.
2
Any licence granted by the Secretary of State under any other Order relating to the control of exports made by virtue of the powers conferred by section 1 of the Import, Export and Customs Powers (Defence) Act 1939, and any licence granted under any other enactment prohibiting or restricting the exportation of goods, shall be subject to paragraph (1) of this article.
Exceptions
3
Nothing in article 2 of this Order shall prohibit the exportation of any goods under the authority of a licence granted by the Secretary of State under this Order, provided that all conditions attaching to the said licence are complied with.
Enforcement
4
Articles 5, 6 and 7 of the Export of Goods (Control) Order 1989 (customs powers for demanding evidence of destination, offences in connection with applications for licences and conditions attaching to licences, and declarations as to goods and powers of search) shall apply for the enforcement of the provisions of this Order as they apply for the enforcement of the said Order of 1989.
Modification and revocation of licences
5
Any licence granted by the Secretary of State in pursuance of article 3 of this Order may be modified or revoked by him at any time.
R. J. Meadway
An Under Secretary,
Department of Trade and Industry
8th August 1990


text:
Title, commencement and interpretation
1
1
These Regulations may be cited as the Medicines (Medicated Animal Feeding Stuffs) (Amendment) Regulations 1990 and shall come into force on 1st July 1990.
2
In these Regulations, “the principal Regulations ” means the Medicines (Medicated Animal Feeding Stuffs) Regulations 1989 .
Amendment of the principal Regulations
2
1
The principal Regulations shall be amended in accordance with the provisions of this regulation.
2
In regulation 2(1) (interpretation) after the definition of “the Register” there shall be inserted the following definition —
“the registrar” means any person appointed under section 1 of the Pharmacy Act 1954 as registrar for the purposes of that Act;
.
3
In regulation 3 (restrictions on incorporation of medicinal products in animal feeding stuffs) —
a
for paragraph (1) there shall be substituted the following paragraph —
1
No person shall, in the course of a business carried on by him, incorporate in an animal feeding stuff a medicinal product of any description, except a veterinary drug which is exempted under article 3 (exemption from licences and certificates in respect of medicinal tests on animals) of the Medicines (Exemptions from Licences and Animal Test Certificates) Order 1986 , unless —
a
there is a valid product licence or animal test certificate relating to the incorporation of that medicinal product (whether held by him or another person) and, subject to paragraph (2) below —
i
where the medicinal product is incorporated at a rate below 2 kilograms per tonne, his name is entered in Part A of the Register in respect of the premises where the medicinal product is incorporated, or
ii
in any other case, his name is entered in Part A or Part B of the Register in respect of the premises where the medicinal product is incorporated,
and the medicinal product is incorporated either in accordance with provisions relating to its incorporation contained in a product licence or animal test certificate (whether held by him or another person) or, in the case of medicinal products to which a product licence relates, in accordance with a veterinary written direction; or
b
his name is entered in the Register and he intends to export the animal feeding stuff in accordance with a written export order and he stores such animal feeding stuff in a part of a building separate from the storage of any other animal feeding stuff.
;
b
after paragraph (2) there shall be added the following paragraph —
3
Any person who, pursuant to paragraph (1)(b) above, exports such animal feeding stuff, shall keep, for a period of at least 2 years from the date of export, a record of —
a
the name and address of the person to whom the animal feeding stuff was exported;
b
the written export order; and
c
the name, identification and quantity of the animal feeding stuff.
.
4
In regulation 3(2), for the words “for this name” there shall be substituted the words “for his name”.
5
In regulation 4(5)(b) for the reference to “article 3(7)” there shall be substituted “article 5(1)”.
6
In regulation 6(1) (registration of persons incorporating medicinal products in animal feeding stuffs) for the words “The registrar and the Department shall each keep for the purposes of these Regulations a Register — ” there shall be substituted the words “For the purposes of these Regulations the registrar and the Department shall each continue to keep a Register — ”.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 7th June 1990.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish office
8th June 1990
David Hunt
Secretary of State for Wales
8th June 1990
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland this 8th day of June 1990.
W. J. Hodges
Permanent Secretary


text:
1
1
These Regulations may be cited as the Oil Pollution (Compulsory Insurance) (Amendment) (No. 2) Regulations 1990 and shall come into force on 1st January 1991.
2
The Oil Pollution (Compulsory Insurance) (Amendment) Regulations 1990 are hereby revoked.
2
In regulation 5 (fees for certificates) of the Oil Pollution (Compulsory Insurance) Regulations 1981 for “£25” there shall be substituted “£33”.
Signed by authority of the Secretary of State for Transport
Lord Brabazon of Tara
Minister of State,
Department of Transport
23rd November 1990


text:
1
This Order may be cited as the Value Added Tax (Increase of Registration Limits) Order 1990 and shall come into force on 1st June 1990.
2
In paragraph 2(1) and 2(2) of Schedule 1 to the Value Added Tax Act 1983 for the figure “£22,600” there shall be substituted the figure “£24,400”.
Stephen Dorrell
Thomas Sackville
Two of the Lords Commissioners of Her Majesty’s Treasury
20th March 1990


text:
1
This order may be cited as the A20 Trunk Road (Sidcup Road, Greenwich) (Prohibition of Use of Gap in Central Reservation) Order 1990 and shall come into force on 20th August 1990.
2
In this Order —
“central reservation” means that part of Sidcup Road which separates the two carriageways of Sidcup Road for the safety and guidance of vehicles using that road; and
“Sidcup Road” means that length of the London-Folkestone-Dover Trunk Road (A20) in the London Borough of Greenwich known as Sidcup Road.
3
No person shall cause or permit any vehicle to enter or proceed through the gap in the central reservation which lies opposite Mervyn Avenue.
Signed by authority of the Secretary of State for Transport
J. D. Wells
Director (Transport) London Regional Office of the
Department of Transport
27th July 1990


text:
Commencement and citation
1
These Regulations may be cited as the Special Road (Glan Conwy to Conwy Morfa) Regulations 1990 and as regards each length of special road respectively specified in Schedule 1 and Schedule 2 shall come into operation on the date declared by a notice published by the Secretary of State to be the date on which that length is open for use as a special road, in the manner prescribed for the publication of notices under section 17(5) of the Act of 1984 .
Interpretation
2
1
In these Regulations, the following expressions have the meanings hereby respectively assigned to them:–
a
“the Act of 1984” means the Road Traffic Regulation Act 1984;
b
“carriageway” means that part of the special road which:–
i
is constructed with a surface suitable for the regular passage of vehicular motor traffic along the special road;
ii
has on each side either a hard shoulder, an emergency waiting area, a raised kerb or a central reservation; and
iii
has the approximate position of its edges marked with a traffic sign of the type shown either in diagram 1012 or diagram 1012.1 in Schedule 2 to the Traffic Signs Regulations 1981 ;
c
“central reservation” means that part of the special road which separates the carriageway to be used by vehicles travelling in one direction from the carriageway to be used by vehicles travelling in the opposite direction;
d
“emergency waiting area” means an area of the special road which is adjacent to and situated on the left hand or near side of the carriageway when facing in the direction in which vehicles may be driven in accordance with Regulation 4, and which is designed to take the weight of a vehicle and which is bounded by the traffic sign shown in diagram 1010 in Schedule 2 to the Traffic Signs Regulations 1981;
e
“excluded traffic” means traffic which is not traffic of Classes I, II or IV ;
f
“hard shoulder” means any part of the special road which is adjacent to and situated on the left hand or near side of the carriageway when facing in the direction in which vehicles may be driven in accordance with Regulation 4, and which is designed to take the weight of a vehicle and which is bounded by the traffic sign shown in diagram 1012.1 in Schedule 2 to the Traffic Signs Regulations 1981;
g
“special road” means the lengths of the road including any slip road to which these Regulations apply by virtue of Regulation 1.
2
A vehicle shall be treated for the purposes of any provision of these Regulations as being on any part of the special road specified in that provision if any part of the vehicle (whether it is at rest or not) is on the part of the special road so specified.
3
Any provision of these Regulations containing any prohibition or restriction relating to the driving, moving or stopping of a vehicle, or to its remaining at rest, shall be construed as a provision that no person shall use the special road by driving, moving or stopping the vehicle or by causing or permitting it to be driven or moved, or to stop or remain at rest, in contravention of that prohibition or restriction.
4
In these Regulations references to numbered classes of traffic are references to the classes of traffic set out in Schedule 4 to the Highways Act 1980 .
5
Except where otherwise stated any reference in these Regulations to a numbered Regulation or Schedule is a reference to the Regulation or Schedule bearing that number in these Regulations.
Vehicles to be driven on the carriageway only
3
Subject to the following provisions of these Regulations, no vehicle shall be driven on any part of the special road which is not a carriageway.
Direction of driving
4
1
Where there is a traffic sign indicating that there is no entry to a carriageway at a particular place, no vehicle shall be driven or moved onto that carriageway at that place.
2
Where there is a traffic sign indicating that there is no left or right turn into a carriageway at a particular place, no vehicle shall be so driven or moved as to cause it to turn to the left or (as the case may be) to the right into that carriageway at that place.
3
Every vehicle on a length of carriageway which is contiguous to a central reservation shall be driven in such a direction that the central reservation is at all times on the right hand or off side of the vehicle.
4
Where traffic signs are so placed that there is a length of carriageway (being a length which is not contiguous to a central reservation) which can only be entered at one end by vehicles, every vehicle on that length of carriageway shall be driven in such a direction only as to cause it to proceed away from that end of that length of carriageway towards the other end thereof.
5
Without prejudice to the foregoing provisions of this Regulation, no vehicle which:–
a
is on a length of carriageway on which vehicles are required by any of the foregoing provisions of this Regulation to be driven in one direction only and is proceeding in or facing that direction, or
b
is on any other length of carriageway and is proceeding in or facing one direction,
shall be driven or moved so as to cause it to turn and proceed in or face the opposite direction.
Restriction on stopping
5
1
Subject to the following provisions of this Regulation, no vehicle shall stop or remain at rest on a carriageway.
2
Where it is necessary for a vehicle which is being driven on a carriageway to be stopped:–
a
by reason of a breakdown or mechanical defect or lack of fuel, oil or water, required for the vehicle; or
b
by reason of any accident, illness or other emergency; or
c
to permit any person carried in or on the vehicle to recover or move any object which has fallen on to the special road; or
d
to permit any person carried in or on the vehicle to give help which is required by any other person in any of the circumstances specified in the foregoing provisions of this paragraph;
the vehicle shall, as soon and in so far as is reasonably practicable, be driven or moved off the carriageway onto, and may stop and remain at rest on, any hard shoulder or emergency waiting area which is contiguous to that carriageway.
3
a
A vehicle which is at rest on a hard shoulder or emergency waiting area shall, so far as is reasonably practicable, be allowed to remain at rest on that hard shoulder or emergency waiting area in such a position only that no part of it or of the load carried thereby shall obstruct or be a cause of danger to vehicles using the carriageway.
b
A vehicle shall not remain at rest on a hard shoulder or emergency waiting area for longer than is necessary in the circumstances or for the purposes specified in paragraph (2) of this Regulation.
4
Nothing in the foregoing provisions of this Regulation shall preclude a vehicle from stopping or remaining at rest on a carriageway while it is prevented from proceeding along the carriageway by the presence of any other vehicle or any person or object.
Restriction on reversing
6
No vehicle on the special road shall be driven or moved backwards except in so far as it is necessary to back the vehicle to enable it to proceed forwards or to be connected to any other vehicle.
Restriction on the use of hard shoulders and emergency waiting areas
7
No vehicle shall be driven or stop or remain at rest on any hard shoulder or emergency waiting area except in accordance with paragraphs (2) and (3) of Regulation 5.
Vehicles not to use the central reservation
8
No vehicle shall stop or remain at rest, or be driven or moved, on a central reservation.
Vehicles not to be driven by learner drivers
9
No motor vehicle shall be driven on the special road by a person who is authorised to drive that vehicle only by virtue of his being the holder of a provisional licence under section 97(2) of the Road Traffic Act 1988, unless since the date of coming into force of the said provisional licence that person has passed a test prescribed under section 89 of the Road Traffic Act 1988 sufficient to entitle him under that Act to be granted a licence, other than a provisional licence, authorising him to drive that vehicle on a road.
Restrictions affecting animals carried in vehicles
10
The person in charge of any animal which is carried by a vehicle using the special road shall, so far as is practicable, secure that:–
a
the animal shall not be removed from or permitted to leave the vehicle while the vehicle is on the special road; and
b
if it escapes from or it is necessary for it to be removed from, or permitted to leave, the vehicle:–
i
it shall not go or remain on any part of the special road other than a hard shoulder, or emergency waiting area; and
ii
it shall, whilst it is not on or in the vehicle, be held on a lead or otherwise kept under proper control.
Use of the special road by excluded traffic
11
1
Excluded traffic is hereby authorised to use the special road on the occasions or in the emergencies and to the extent specified in the following provisions of this paragraph, that is to say:–
a
traffic of Class III may use the special road for the maintenance, repair, cleaning or clearance of any part of the special road or for the erection, laying, placing, maintenance, testing, alteration, repair or removal of any structure, works or apparatus in, on, under or over any part of the special road;
b
pedestrians may use the special road:–
i
when it is necessary for them to do so as a result of an accident or emergency or of a vehicle being at rest on the special road in any of the circumstances specified in paragraph (2) of Regulation 5, or
ii
in any of the circumstances specified in sub-paragraph (b), (d), (e) or (f) of paragraph (1) of Regulation 12.
Provided that no pedestrian shall go or remain on any part of the special road other than a hard shoulder or emergency waiting area except in so far as it is necessary for him to do so to reach a hard shoulder or emergency waiting area or to secure compliance with any of these Regulations or to recover or move any object which has fallen onto the special road or to give help which is required by any other person in any of the circumstances specified in paragraph (2) of Regulation 5.
2
The Secretary of State may authorise the use of the special road by any excluded traffic on occasion or in emergency or for the purpose of enabling such traffic to cross the special road or to secure access to premises abutting on or adjacent to the special road.
3
Where by reason of any emergency the use of any road (not being the special road) by any excluded traffic is rendered impossible or unsuitable the Chief Officer of Police of the police area in which the special road is situated, or any officer of or above the rank of Superintendent authorised in that behalf by that Chief Officer, may:–
a
authorise any excluded traffic to use that special road as an alternative road for the period during which the use of the other road by such traffic continues to be impossible or unsuitable; and
b
relax any prohibition or restriction imposed by these Regulations in so far as he considers it necessary to do so in connection with the use of that special road by excluded traffic in pursuance of any such authorisation as aforesaid.
Exceptions and relaxations
12
1
Nothing in the foregoing provisions of these Regulations shall preclude any person from using the special road otherwise than in accordance with the foregoing provisions in any of the following circumstances, that is to say:–
a
where he does so in accordance with any direction or permission given by a constable in uniform or in accordance with the indication given by a traffic sign;
b
where, in accordance with any permission given by a constable, he does so for the purpose of investigating any accident which has occurred on or near the special road;
c
where it is necessary for him to do so to avoid or prevent an accident or to obtain or give help required as the result of an accident or emergency, and he does so in such manner as to cause as little danger or inconvenience as possible to other traffic on the special road;
d
where he does so in the exercise of his duty as a constable or as a member of a fire brigade or of an ambulance service;
e
where it is necessary for him to do so to carry out in an efficient manner:–
i
the maintenance, repair, cleaning, clearance, alteration or improvement of any part of the special road; or
ii
the removal of any vehicle from any part of the special road; or
iii
the erection, laying, placing, maintenance, testing, alteration, repair or removal of any structure, works or apparatus in, on, under or over any part of the special road; or
f
where it is necessary for him to do so in connection with any inspection, survey, investigation, or census which is carried out in accordance with any general or special authority granted by the Secretary of State.
2
Without prejudice to the foregoing provisions of these Regulations, the Secretary of State may relax any prohibition or restriction imposed by these Regulations.
Speed limits
13
No person shall drive any motor vehicle at a speed exceeding 50 miles per hour in those lengths of the special road specified in Schedule 3.
David Hunt
Secretary of State for Wales
23rd July 1990


text:
1
The new highway which the Secretary of State proposes to construct along the route described in the Schedule to this Order shall become a trunk road as from the date when this Order comes into force.
2
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
3
In this Order —
1
all measurements of distance are measured along the route of the relevant highway.
2
i
“the deposited plan” means the plan folio numbered HA10/2E/315 marked “The A604 Catthorpe-Harwich Trunk Road (Thrapston to Brampton Section and Slip Roads) Order (No. 2) Supplementary Order (No 2) 1990” containing a key plan and one site plan, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the new trunk road” means the new highway mentioned in article 1 of this Order;
iii
“the A604 Trunk Road” means the length of the A604 trunk road in the County of Cambridgeshire which is known as the A1126 Huntingdon-Bypass.
4
This Order shall come into force on 8th February 1991 and may be cited as the A604 Catthorpe-Harwich Trunk Road (Thrapston to Brampton Section and Slip Roads) Order (No. 2) Supplementary Order (No 2) 1990.
Signed by authority of the Secretary of State for Transport
Peter Emms
Regional Director Eastern Region
Department of Transport
20th December 1990


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the St. Helier National Health Service Trust (Establishment) Order 1990 and shall come into force on 21st December 1990.
2
In this Order unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 21st December 1990;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the St. Helier 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 St. Helier 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 at the St. Helier Hospital, Wrythe Lane, Carshalton, Surrey SM5 1AA and associated hospitals including the management of its teaching and research facilities.
Directors of the trust
4
1
The trust shall have, in addition to the chairman 5 non-executive directors and 5 executive directors.
2
The hospital referred to in article 3(2) is a hospital which, in the opinion of the Secretary of State, has a significant teaching and research commitment and accordingly one of the non-executive directors shall be appointed from The University of London.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1991.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date in order to enable it to begin to operate satisfactorily from the operational date the trust shall have the limited functions–
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary for the said purpose.
Assistance by health authorities before operational date
7
1
The Merton and Sutton 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 Merton and Sutton 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 Merton and Sutton Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Stephen Dorrell
Parliamentary Under-Secretary of State,
Department of Health
4th December 1990


text:
Citation and commencement
1
This Order may be cited as the Skills Training Agency (Designation) (No. 2) Order 1990 and shall come into force on 10th May 1990.
Designation of activities
2
Each of the activities listed in the Schedule to this Order, being activities for the time being carried on bythe Skills Training Agency, is hereby designated for the purposes of section 26 of the Act.
Signed by order of the Secretary of State Minister of State, Department of Employment
Tim Eggar
18th April 1990


text:
Citation and commencement
1
These Regulations may be cited as the Home Energy Efficiency Grants Regulations 1990 and shall come into force on 1st October 1990.
Interpretation
2
1
In these Regulations, unless the context otherwise requires–
“ the Act ” means the Social Security Act 1990;
“administering agency” means a person or body of persons for the time being appointed under regulation 16;
“applicant” means a person who has made an application under regulation 4;
“building in multiple occupation” has the meaning given to it by section 15(4) of the Act;
“communal area” means a building in multiple occupation, and “communal area grant” shall be construed accordingly;
“energy advice” means advice relating to thermal insulation or to the economic and efficient use of domestic appliances or of facilities for lighting, or for space or water heating, in dwellings where work as specified in sub-paragraphs (a), (b) or (c) of paragraph (1) of regulation 6 is, or is to be, carried out;
“draughtproofing” means the draughtproofing of external and internal doors including any door or hatch to any roof space and windows excluding kitchen and bathroom windows;
“grant” means a grant made in accordance with these Regulations but shall exclude a communal area grant;
“insulated additional roof space” means roof space which has been added to the dwelling and in all or any part of which there is insulation material of a thickness of 50 millimetres or more;
“network installer” means a person or body of persons for the time being registered for a locality under regulation 14;
“roof space” means space between the roof of a dwelling and the ceiling of any room
which is used or available for use for the purposes of living accommodation and which is not wholly separated from the roof by any other room; and
“works” means the work specified in paragraph (1) of regulation 6.
2
Unless the context otherwise requires, any reference in these Regulations to a numbered regulation is a reference to the regulation in these Regulations bearing that number; and any reference in a regulation to a numbered paragraph is a reference to the paragraph of that regulation bearing that number.
3
Words and expressions to which meanings are assigned by these Regulations shall (unless the contrary intention appears) have the same respective meanings in any document issued by or on behalf of the Secretary of State under these Regulations.
Persons who may apply for a grant
3
1
An application for a grant may be entertained from a person–
a
who is the householder of and is resident in the dwelling in respect of which the application is made; and
b
who at the time of making the application is, or whose spouse with whom he or she is living is, in receipt of any income support, housing benefit, family credit or community charge benefit (within the meaning of section 20 of the Social Security Act 1986 ).
2
For the purpose of this regulation–
a
“householder” means a person, who alone or jointly with others, is–
i
in England and Wales, a freeholder, lessee or tenant (and “lessee” shall include a sub-lessee and “tenant” shall include a sub-tenant and, without prejudice to the generality of the term, include a person who has an assured tenancy, a protected tenancy, a secure tenancy or a statutory tenancy);
ii
in Scotland, an owner or tenant; and “owner” includes any person who under the Lands Clauses Acts would be enabled to sell and convey land to the promoters of an undertaking, and “tenant” includes sub-tenant and any person who has a statutory tenancy under section 3(1) of the Rent (Scotland) Act 1984, or who has entered into a contract to which Part VIII of that Act applies, or who has a statutory assured tenancy within the meaning of section 16(1) of the Housing (Scotland) Act 1988 ;
b
“spouse” includes a person with whom the applicant is living as husband or wife; and
c
a person shall not be treated as resident in a dwelling unless he is residing there as his only or main residence.
Application for a grant
4
1
An application for a grant shall be made to the administering agency for the area, save that where the applicant intends that the works are to be undertaken by the network installer for the locality the application shall be made to that network installer.
2
An application shall be in writing, signed by the applicant and in such form, subject to regulation 5, as is laid down by the administering agency.
5
The form of application shall state that–
a
any necessary permission for the works has been obtained;
b
reasonable access to the dwelling in respect of which the application is made will be given to a representative of the administering agency to inspect the dwelling and the works;
c
no payment in respect of the works which are the subject of the application is being applied for or has been made under the Homes Insulation Act 1978 or section 521 of the Housing Act 1985 or section 252 of the Housing (Scotland) Act 1987 or Part VIII of the Local Government and Housing Act 1989.
Work for which a grant may be made
6
1
A grant may be made in respect of work which provides–
a
i
insulation in any roof space, other than insulated additional roof space, including the insulation of any cold water tank and any water supply, overflow and expansion pipes; and
ii
where there is no means of access to any roof space for the purpose of carrying out the work, such a means of access, including a permanent means of access, such provision being made at the same time as the provision of insulation in any roof space in accordance with sub-paragraph (a)(i); or
b
draughtproofing and insulation of any hot water tank or cylinder which is not already insulated by any means; or
c
insulation and draughtproofing as specified in sub-paragraphs (a) and (b); and
d
energy advice.
2
The work shall comply with such standards, including standards of materials and workmanship, as are laid down from time to time by the administering agency with the approval of the Secretary of State.
By whom the works may be done
7
Subject to paragraph (2) of regulation 6, works may be carried out by any person including, except in relation to energy advice, the applicant.
Dwellings eligible for a grant
8
1
Any dwelling is eligible for a grant except, in respect of work specified in sub-paragraphs (a) and (c) of paragraph (1) of regulation 6, a dwelling in which there is or has been at any time, during the period when the applicant has been resident in the dwelling, insulation material of a thickness of 50 millimetres or more in all or any part of any roof space.
2
A dwelling which is within the exception in paragraph (1) shall nonetheless be eligible for a grant if all the insulation material of a thickness of 50 millimetres or more in the roof space–
a
is insulating a water tank, cylinder, water supply pipe, or overflow or expansion pipe; or
b
is in insulated additional roof space.
Procedure after application to the network installer
9
1
Where an application has been made to the network installer for the locality, he shall consider whether there appears to be eligibility for grant.
2
If the network installer is not satisfied that there is eligibility for grant, he shall so notify the applicant in writing, return the application to the applicant and inform him that he may send the application to the administering agency for the area for determination.
3
If the network installer is satisfied that there is eligibility for grant, he shall–
a
send the application to the administering agency for the area for determination, and at the same time certify to the administering agency in writing that he has carried out such verification as to the eligibility for grant as may be laid down from time to time by the administering agency; and
b
decide whether, pending determination of the application by the administering agency, he is prepared to carry out the work on the basis that, subject to the liability of the applicant as described in (i) below, he will, in the event that the administering agency should not approve the grant, bear the cost of the work; and
i
if he is so prepared, notify the applicant in writing that he is prepared to carry out the work on the basis that, unless the application for grant is not approved or the claim not paid by the administering agency on grounds of a material misrepresentation, the applicant shall be liable to pay in respect of the work only the contribution as specified in column 2 of the Table in regulation 11 together with such amount as has been agreed in writing between the applicant and the network installer before the making of the application as representing the amount by which the full cost of the works exceeds the sum of the grant and the contribution; or
ii
if he is not so prepared, notify the applicant in writing that he is awaiting determination of the application by the administering agency.
4
For the purpose of this regulation “material misrepresentation” means any representation by or on behalf of the applicant in respect of any of the matters relating to eligibility for grant which is false in a material particular.
Procedure after application to the administering agency
10
1
On receipt of an application, the administering agency for the area, in considering whether to approve a grant, shall determine whether there is eligibility for grant and, if there is, whether there are sufficient funds to make payment of the grant having regard to any amounts otherwise allocated or to be allocated in accordance with these Regulations.
2
Subject to paragraph (3), the administering agency shall send written notification of whether grant has been approved to the applicant and to any person or body of persons nominated by the applicant to carry out the works.
3
Where the application has been sent by a network installer under paragraph (3) of regulation 9, the administering agency shall send written notification of whether grant has been approved to the network installer and, save where the work has been done by the network installer by virtue of sub-paragraph (b)(i) of paragraph (3) of regulation 9 and the grant has been approved by the administering agency, to the applicant.
4
When notifying the applicant that grant has not been approved, the administering agency shall inform the applicant as to the reasons.
Calculation of the size of grant
11
1
The amount of any grant shall be determined in accordance with the following Table and paragraphs (2), (3) and (4)–
TABLE
(1) (2) (3) (4) (5) Work under regulation Applicant’s contribution Work carried out by applicant Trainee labour Non-trainee labour
6(1) (a) £10 £140 £155 £175 6(1) (b) £7 £78 £93 £113 6(1) (c) £15 £220 £240 £270 6(1) (d) Nil No grant available £10 £10
2
Where the work is carried out by the applicant, the grant for the work specified in column 1 of the Table shall be the lesser of–
a
the sum calculated by deducting from the cost of materials used, the contribution shown in column 2 of the Table; and
b
the figure shown in column 3 of the Table.
3
Where the work is carried out by a person other than the applicant, the grant for the work specified in column 1 of the Table shall be the lesser of–
a
the sum calculated by deducting from the amount properly charged for the work, the contribution shown in column 2 of the Table; and
b
the figure shown in column 4 or column 5 of the Table, as applicable.
4
Column 4 of the Table shall apply where the work is carried out wholly or mainly by persons receiving training under arrangements by virtue of section 2(1) of the Employment and Training Act 1973 ; otherwise column 5 shall apply.
Claim for and payment of grant
12
1
The conditions for payment of grant are that–
a
the work in respect of which a grant was approved has been completed;
b
a claim in respect of that work has been made to the administering agency for the area by the applicant or, where the work has been carried out by a network installer, by that network installer;
c
the claim is in such form as is required by the administering agency and contains–
i
a declaration signed by the applicant that the work has been carried out;
ii
a declaration signed by the person responsible for carrying out the work (and in this regulation such expression shall include the applicant where he has carried out the work) that the work had not been started nor, where the applicant did the work himself, the materials purchased before notice was received in accordance with sub-paragraph (b)(i) of paragraph (3) of regulation 9 or paragraph (2) of regulation 10 as appropriate;
iii
a declaration signed by the person responsible for carrying out the work that the work complies with the standards provided for in paragraph (2) of regulation 6; and
iv
where energy advice has been given, a declaration signed by the person responsible for the giving or the supervision of the giving of that advice that it has been given or supervised as appropriate by such person possessing such qualifications as may have been laid down from time to time by the administering agency with the approval of the Secretary of State;
d
in any case where the administering agency has inspected the dwelling, it is satisfied that the work complies with the standards provided for in paragraph (2) of regulation 6.
2
Where the conditions for payment are satisfied, the administering agency shall pay the grant–
a
to the claimant; or
b
at the request of the claimant in writing, to a person authorised by him to receive the payment.
Communal area grant
13
1
An administering agency may make communal area grants in respect of works, except energy advice, in communal areas.
2
A person whose dwelling is in a building, another part of which is a building in multiple occupation, may when applying for a grant for works to his dwelling indicate in his application that he believes that the building is a building suitable for a communal area grant and on receipt of the application the administering agency shall deal with the indication in accordance with the following provisions of this regulation.
3
The administering agency shall make such enquiries as it sees fit as to the proportion of the dwellings in the building which are dwellings (“relevant dwellings”) resided in by a person from whom an application for a grant may be entertained under paragraph (1) of regulation 3.
4
If the administering agency determines that–
a
at least half of the dwellings in the building are relevant dwellings; and
b
the building is one where work in respect of the communal areas would be justified on the grounds of reducing or preventing the wastage of energy,
the administering agency may appoint a person or body of persons to carry out work of the nature, to the extent and subject to such of the provisions of these Regulations as apply to works, all as may be laid down by the administering agency, and may, on completion of the work, pay to that person or body such sum as may have been agreed as the communal area grant in respect of that work.
Network installers
14
1
The administering agency for any area shall, in accordance with criteria laid down from time to time by the Secretary of State–
a
invite applications for registration as a network installer;
b
determine the particular locality for which each network installer within its area is to be registered;
c
select and register as the network installer, for any particular locality within its area, a person or body of persons capable of carrying out, or arranging for the carrying out of, the work specified in sub-paragraphs (a), (b) and (c) of paragraph (1) of regulation 6.
2
The administering agency shall establish procedures for the general oversight of the network installer and the verification of claims made, and information supplied, by him.
3
Any registration may be terminated by the administering agency with the approval of the Secretary of State for reasonable cause.
Allocation of amounts to network installers
15
1
A network installer shall at the request of an administering agency submit a written estimate of the works which he considers he is likely to carry out during any future period.
2
An administering agency may, in respect of a future period specified by it, allocate and notify in writing to a network installer an amount which is to be the total sum available for grants in respect of works to be carried out by the network installer and any sub-contractor of his during that period.
Administering agencies
16
1
The Secretary of State may in accordance with the following paragraphs appoint a person or body of persons to perform in any particular area such functions as he may confer upon that person or body, being functions specified by the Secretary of State for the purposes of, or otherwise in connection with, the making of grants and communal area grants.
2
The Secretary of State may allocate to an administering agency sums which are to be available to that agency in any period for the purpose of making grants and communal area grants in that period, and may re-allocate any sums so allocated.
3
The appointment of, or the conferring of functions in addition to those contained in these Regulations upon, an administering agency may be effected in whole or in part by or under a written contract entered into between the Secretary of State and that administering agency.
4
The Secretary of State may include such terms and conditions in any contract under paragraph (3) as he may consider appropriate, and may include terms and conditions relating to all or any of the items specified in the Schedule.
5
Nothing in these Regulations shall require the Secretary of State to allocate any sums to any administering agency and no administering agency shall allocate amounts or approve grants unless money for the purpose has been made available to it by the Secretary of State.
Colin Moynihan
Parliamentary Under Secretary of State,
Department of Energy
15th August 1990
We consent,
Michael Fallon
Kenneth Carlisle
Two of the Lords Commissioners of Her Majesty’s Treasury
16th August 1990


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Optical Charges and Payments) Amendment Regulations 1990 and shall come into force on 1st April 1990.
2
In these Regulations, “the principal Regulations ” means the National Health Service (Optical Charges and Payments) Regulations 1989 .
Amendment of regulation 20 of the principal Regulations
2
In regulation 20 of the principal Regulations (redemption value of voucher for replacement or repair) —
a
in paragraph (1)(b) for “£26.50” there is substituted “£28.85”; and
b
in paragraph (3) for “£7.40” there is substituted “£7.70”.
Amendment of Schedules to the principal Regulations
3
1
In Schedule 1 to the principal Regulations (voucher letter codes and face values — supply and replacement) in column 1 (type of optical appliance) —
a
for paragraph 1 there is substituted the following: —
1
Glasses with single vision lenses —
a
of a spherical power (plus or minus) not exceeding 6 dioptres; or
b
of a spherical power (plus or minus) not exceeding 4 dioptres with a cylindrical power (plus or minus) not exceeding dioptres.
;
b
for paragraph 3(c) there is substituted the following: —
c
of a spherical power (plus or minus) not exceeding 10 dioptres with a cylindrical power (plus or minus) exceeding 6 dioptres; or
;
c
for paragraph 4 there is substituted the following: —
4
Glasses with bifocal lenses —
a
of a spherical power (plus or minus) not exceeding 6 dioptres; or
b
of a spherical power (plus or minus) not exceeding 4 dioptres with a cylindrical power (plus or minus) not exceeding 2 dioptres.
;
d
for paragraph 6(c) there is substituted the following: —
c
of a spherical power (plus or minus) not exceeding 10 dioptres with a cylindrical power (plus or minus) exceeding 6 dioptres; or
.
2
In Schedule 1 to the principal Regulations in column 3 (face value of voucher) for each amount specified in column 1 of the Table below there shall be substituted the amount specified in relation to it in column 2 of that Table.
TABLE
Column 1 Column 2 Old amount New amount
£17.00 £18.00 £28.00 £28.75 £46.00 £47.00 £32.75 £34.75 £58.00 £59.75 £98.00 (in both places where it appears) £100.00 £26.50 £28.85
3
In Schedule 2 to the principal Regulations (prisms, tints, photochromic lenses, small and special glasses and complex appliances) —
a
in paragraph 1(1)(a) (prism — single vision lens) for “£3.75” there is substituted “£4.00”;
b
in paragraph 1(1)(b) (prism — other lens) for “£4.75” there is substituted “£5.00”;
c
in paragraph 1(1)(c) (single vision tinted lens) for “£1.90” there is substituted “£2.00”;
d
in paragraph 1(1)(d) (other tinted lens) for “£2.40” there is substituted “£2.50”;
e
for paragraph 1(1)(e) (small glasses) there is substituted the following: —
e
in respect of small glasses —
i
by £34.50 in the case of supply or replacement of the glasses or repair or replacement of the whole frame,
ii
by £30.70 in the case of repair or replacement of the front of the frame, and
iii
by £16.60 in the case of repair or replacement of a side of a frame;
f
in paragraph 1(1)(f) (photochromic lenses) for “£1.90” there is substituted “£2.00” and for “£2.40” there is substituted “£2.50”;
g
in paragraph 1(1)(g) (specially manufactured frames) for “£33.00” there is substituted “£34.50”;
h
in paragraph 2(a) (minimum complex appliance payment — single vision lenses) for “£3.25” there is substituted “£3.50”; and
i
in paragraph 2(b) (minimum complex appliance payment — other cases) for “£18.00” there is substituted “£18.75”.
4
For Schedule 3 to the principal Regulations (voucher values — repair) there is substituted the Schedule 3 set out in the Schedule to these Regulations.
Application of Regulations
4
The amendments made by regulations 2 and 3(2), (3) and (4) of, and the Schedule to, these Regulations apply only in relation to a voucher —
a
accepted or used on or after 1st April 1990 pursuant to regulation 12 or regulation 18 of the principal Regulations; or
b
sent to a Health Authority pursuant to regulation 14(2)(c) of the principal Regulations in respect of cost incurred on or after that date.
Signed by authority of the Secretary of State for Health
Virginia Bottomley
Minister of State,
Department of Health
7th March 1990


text:
1
This Order may be cited as the Double Taxation Relief (Taxes on Income) (Netherlands) Order 1990.
2
It is hereby declared —
a
that the arrangements specified in the Protocol set out in the Schedule to this Order, which vary the arrangements set out in the Schedule to the Double Taxation Relief (Taxes on Income) (Netherlands) Order 1980 as amended by the arrangements set out in the Schedule to the Double Taxation Relief (Taxes on Income) (Netherlands) Order 1983 , have been made with the Government of the Kingdom of the Netherlands with a view to affording relief from double taxation in relation to income tax, corporation tax or capital gains tax and taxes of a similar character imposed by the laws of the Netherlands; and
b
that it is expedient that those arrangements should have effect.
G. I. de Deney
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Non-Domestic Rating (Payment of Interest) Regulations 1990 and shall come into force on 10th October 1990.
Interpretation
2
1
In these Regulations, except where the context otherwise requires —
“ the Act ” means the Local Government Finance Act 1988;
“the Alteration and Appeals Regulations ” means the Non-Domestic Rating (Alteration of Lists and Appeals) Regulations 1990 ;
“the Central Lists Regulations ” means the Non-Domestic Rating (Collection and Enforcement) (Central Lists) Regulations 1989 ;
“the Local Lists Regulations ” means the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989 ;
“alteration” has the same meaning as it has in the same context in the Alteration and Appeals Regulations;
“effective date” means the date entered in the relevant list in accordance with the Alteration and Appeals Regulations;
“liability”, in relation to a person, means —
his liability under section 43 or 45 of the Act in relation to the hereditament in question; or
his liability under section 54 of the Act;
“overpayment” means any amount by which the total sums paid in the relevant period and in any earlier relevant period in or towards the discharge of a person’s liability as it was established at the time of the payment (whether for that or any such earlier period) exceeds his total liability (as established in consequence of the alteration) for the years in which those periods fall, disregarding, where the person has paid an amount in an earlier relevant period which exceeded his liability (as established as a consequence of the alteration) for the year in which that period fell, the excess;
“repayment” means the payment or credit of an amount which falls to be repaid or credited pursuant to —
regulation 8(4) or (5)(b), 9(4) or 24(4) of, or paragraph 6(4) or 7(5) of Schedule 1 to, the Local Lists Regulations;
regulation 8(4) or (5)(b) or 9(4) of, or paragraph 6(4) or 7(5) of the Schedule to, the Central Lists Regulations;
any provision of an agreement under regulation 7(3) of the Central Lists Regulations or the Local Lists Regulations to the like effect as any of those referred to in sub-paragraphs (a) and (b) above;
“repayment day” means the day on which a repayment is made;
“tribunal” means a valuation and community charge tribunal established by regulations under Schedule 11 to the Act;
“year” means chargeable financial year; and
“year of effective alteration” means the year in which the effective date of an alteration falls.
2
For the purposes of these Regulations —
a
i
the period commencing on 1 April of the year in which the repayment day falls and ending with the day immediately before that day is a relevant period if the person’s liability subsists for the whole of that period;
ii
where the person’s liability subsists only for part of the period commencing and ending as mentioned in sub-paragraph (i), that part is a relevant period;
iii
any other complete year within the period beginning with the first day of the year of effective alteration and ending on the day immediately preceding the repayment day is a relevant period if the person’s liability subsists for the whole of that year; and
iv
where the person’s liability subsists only for a part of such a year, that part is a relevant period; and
b
i
any complete year within the period beginning with the day after the end of the relevant period and ending on the day immediately preceding the repayment day; and
ii
any remaining part of any other year within the period beginning and ending as aforesaid,
are each subsequent periods in relation to that relevant period.
Entitlement to interest
3
1
Where, in consequence of the alteration of a rating list compiled under Part III of the Act, a person is entitled to a repayment, the charging authority or, as the case may be, the Secretary of State shall, subject to paragraph (2), pay or credit (according to whether the repayment is to be repaid or credited) an additional amount by way of interest on the repayment in accordance with this regulation.
2
Where a judgment or order described below was made in respect of the rates payable for the year which was, or included, the relevant period in relation to an overpayment, paragraph (1) does not apply in relation to such part of any repayment as is referable to that overpayment.
The judgments and orders referred to above are —
a
where the relevant hereditament is included in a central list, a judgment or order against the person in proceedings under regulation 10(1) of the Central Lists Regulations;
b
in any other case, a judgment or order as respects the hereditament under regulation 20(1) of the Local Lists Regulations or a liability order against the person as respects the hereditament under regulation 12 of those Regulations.
3
In a case to which regulation 24 of the Local Lists Regulations applies (whether by virtue of regulation 11 of the Central Lists Regulations or otherwise), “person” in paragraph (2) above refers only to the deceased.
4
In the case of an alteration made in consequence of an order of a tribunal or the Lands Tribunal, nothing in paragraph (1) shall require the charging authority or the Secretary of State to pay an amount by way of interest before the period of 35 days beginning on the date of the making of that order has elapsed.
5
In a case to which regulation 6 applies, the amount of any entitlement under this regulation shall be paid as soon as practicable after the application or appeal referred to in that regulation has been finally determined or treated as finally determined; and for this purpose an application or appeal shall be treated as finally determined —
a
in the case of an application, when the time within which an appeal may be brought against any further decision of the tribunal in consequence of the application has elapsed without such appeal having been made;
b
in the case of an appeal, when the time within which an appeal may be brought against the decision of the Lands Tribunal has elapsed without such appeal having been made.
6
The additional amount referred to in paragraph (1) is —
a
in a case to which regulation 6 applies, the amount determined in accordance with that regulation; or
b
in any other case, the amount determined in accordance with regulation 5.
Rates of interest
4
1
For the purposes of these Regulations, the appropriate rate of interest for a year (or part of a year) means the rate equivalent to one percentage point less than the arithmetic mean of the base rates quoted by the four largest members of the Committee of London and Scottish Bankers (“the reference banks”) and effective at close of business on the 15th March (or the next business day) of the preceding year; and if any of the reference banks fails to quote such a rate, the mean shall be determined by reference to the rates quoted by the other reference banks.
2
For the purposes of paragraph (1) —
a
in calculating the rate a part of a whole (if any) shall be calculated to two decimal places only —
i
adding one hundredth where (apart from this sub-paragraph) there would be more than five thousandths; and
ii
ignoring the thousandths where (apart from this sub-paragraph) there would be five, or less than five, thousandths; and
b
the size of a bank shall be determined by reference to its total consolidated assets as shown in its last audited end-year accounts before the relevant 15th March.
Amount of payment
5
The additional amount payable by virtue of regulation 3 in a case to which regulation 6 does not apply shall be the amount ascertained —
a
where the repayment day falls within the year of effective alteration and liability subsists on the day before the repayment day, in accordance with the formula —
( A × B × r ) ( 2C × 100 )
where —
A is the amount of the overpayment in relation to the relevant period;
B is the number of days in that period;
C is the number of days in the year; and
r is the appropriate rate, expressed as a percentage;
b
in any other case, by aggregating the amounts ascertained —
i
in respect of each relevant period, in accordance with the formula —
( D × E × r ) ( 2C × 100 )
where —
C and r have the same meaning as in sub-paragraph (a);
D is the amount of the overpayment in relation to the period in question; and
E is the number of days in that period; and
ii
in respect of each subsequent period, in accordance with the formula —
( F × G × r ) ( C × 100 )
where —
C and r have the same meaning as in sub-paragraph (i);
F is the amount of the overpayment in relation to the relevant period to which the subsequent period in question relates; and
G is the number of days in the subsequent period in question.
Payment of interest — special cases
6
1
This regulation applies where a valuation officer —
a
within 28 days of the making by a tribunal of a decision in consequence of which an order requiring the alteration of a list is made, makes an application under regulation 44(1) of the Alteration and Appeals Regulations in respect of the decision; or
b
appeals under regulation 45(1) of those Regulations against any such decision or order.
2
The amount of any entitlement under regulation 3 in a case to which this regulation applies shall be calculated by aggregating —
a
the amount determined, in accordance with regulation 5, in relation to the period beginning on the effective date and ending on the day before that on which a repayment is made in consequence of the alteration pursuant to the decision or order by virtue of which the provisions of this regulation apply; and
b
the aggregate of the amounts determined, in respect of the period commencing on the day on which a repayment is made as mentioned in sub-paragraph (a) and ending immediately before the final adjustment day, in accordance with paragraph (3).
3
Amounts shall be determined, for the purposes of paragraph (2)(b) —
a
in the case of each whole year, by applying to the amount referred to in paragraph (2)(a) the appropriate rate; and
b
in respect of any period less than a whole year, in accordance with the formula —
( H × I × r ) ( C × 100 )
where —
C and r have the same meaning as in regulation 5;
H is the amount referred to in paragraph (2)(a); and
I is the number of days in the period in question.
4
In this regulation “the final adjustment day” means the day on which the amount of any entitlement under regulation 3 is paid.
Signed by authority of the Secretary of State for the Environment
Michael Portillo
Minister of State,
Department of the Environment
17th September 1990
David Hunt
Secretary of State for Wales
18th September 1990


text:
Title and commencement
1
This Order may be cited as the Diseases of Fish (Amendment of Definition of “Infected”) Order 1990 and shall come into force on 12th April 1990.
Amendment of definition of “infected” in Diseases of Fish Act 1937
2
In the definition of “infected” in section 10(1) of the Diseases of Fish Act 1937 , after the words “infectious pancreatic necrosis ( IPN )”, there shall be inserted the words “infectious salmon anaemia ( ISA )”.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 5th March 1990.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
6th March 1990
Peter Walker
Secretary of State for Wales
6th March 1990


text:
Citation, commencement and interpretation
1
1
This order may be cited as the Firemen’s Pension Scheme (Amendment) Order 1990 and shall come into force on 1st October 1990.
2
In this Order “the 1973 Scheme ” means the scheme set out in Appendix 2 to the Firemen’s Pension Scheme Order 1973 .
Variation of Scheme
2
1
The Schedule to this Order has effect for varying the 1973 Scheme.
2
Part II of the Schedule, except paragraphs 2 and 14(a), has effect as from 6th April 1988.
3
A reference in the Schedule to a numbered article or Schedule is a reference to the article or Schedule identified by that number in the 1973 Scheme.
Elections in respect of protected benefits
3
1
This article applies to a person —
a
to whom a protected benefit is being paid or may become payable, and
b
who is placed in a worse position than he would have been in if a variation made to the 1973 Scheme by virtue of article 2 (“the relevant variation”) had not applied in relation to the protected benefit.
2
A protected benefit is one which is being paid or may become payable by a fire authority, under the 1973 Scheme, to or in respect of a person who was employed as a regular fireman but ceased to be so employed, or died, before 1st October 1990.
3
A person to whom this article applies may, by giving written notice to the fire authority within 3 months after 1st October 1990, elect that the relevant variation shall not apply in relation to the protected benefit.
David Waddington
One of Her Majesty’s Principal Secretaries of State
Home Office
27th August 1990
We consent
John Major
John Taylor
Two of the Lords Commissioners of Her Majesty’s Treasury
7th September 1990


text:
Citation and commencement
1
1
These Regulations may be cited as the Personal and Occupational Pension Schemes (Miscellaneous Amendments) (No. 2) Regulations 1990.
2
These Regulations come into force on 27th June 1990.
Amendments to the Occupational Pension Schemes (Contracting-out) Regulations 1984
2
1
The Occupational Pension Schemes (Contracting-out) Regulations 1984 are amended as described in paragraphs (2) and (3) of this regulation.
2
Regulation 18A (case in which and condition subject to which transfer premiums may be paid) is amended by replacing the word “condition” in paragraph (1) with the word “conditions” and replacing paragraph (3) with the following–
3
The conditions referred to in paragraph (1) are that–
a
the trustees of the occupational pension scheme from which the earner’s accrued rights have been transferred have, subject to regulation 19(2), elected to pay a transfer premium; and
b
if the earner’s accrued rights have been transferred to a personal pension scheme, the personal pension scheme is not an appropriate scheme.
.
3
Regulation 34 (commutation of pension) is amended by replacing proviso (b) to paragraph (4) with the following–
b
in the case of an earner who retires before normal pension age, commutation is not permitted before the date on which benefits become payable to the earner under the scheme’s early retirement provisions;
.
Amendment to the Occupational Pension Schemes (Preservation of Benefit) Regulations 1984
3
Regulation 7 of the Occupational Pension Schemes (Preservation of Benefit) Regulations 1984 (which makes general provision for the computation of benefit) is amended by inserting the following new paragraph after paragraph (4)–
4A
A scheme may, for the purposes of any calculations made in accordance with paragraph 13(3) of Schedule 16, reckon both the following periods (or neither, but not only one) to the nearest, next highest or next lowest calendar month. The periods referred to are–
a
the period over which, on the assumption referred to in paragraph 13(3)(a) of Schedule 16, the credits would have accrued in full; and
b
the period between the time when the credits were awarded and the termination of the member’s pensionable service.
.
Amendment to the Occupational Pension Schemes (Revaluation) Regulations 1985
4
Regulation 10 of the Occupational Pension Schemes (Revaluation) Regulations 1985 (retirement benefits varied at state pension age) is replaced with the following–
Retirement benefits varied at state pension age
10
1
In a case where a scheme provides that the pension or other retirement benefit payable under the scheme to a member at normal pension age is to be varied at state pension age (that is, age 60 years for a woman or age 65 years for a man), Schedule 1A to the Social Security Pensions Act 1975 shall have effect subject to the modifications specified in paragraphs (2) and (3) of this regulation.
2
From the date on which the member attains normal pension age to the date on which the member attains state pension age, the appropriate amount is to be calculated as if D in the formula set out in paragraph 2(2) referred to the amount of the pension or other retirement benefit payable at normal pension age.
3
On the member’s attaining state pension age, the appropriate amount to be added to the pension or other retirement benefit payable to the member after that date is to be calculated using the formula set out in paragraph 2(2) as if D in that formula referred to the amount of the pension or other benefit payable at state pension age.
.
Amendments to the Occupational Pension Schemes (Transfer Values) Regulations 1985
5
1
Regulation 2A of the Occupational Pension Schemes (Transfer Values) Regulations 1985 (which deals with the reduction of cash equivalents) is amended as described in paragraphs (2) and (3) of this regulation.
2
Paragraph (1) is amended by inserting after the words “pensionable service” in sub-paragraph (a) the words “commenced before 6th April 1988 and”, and replacing the words “paragraph (2) below” with the words “paragraph (2) or (3) below, as appropriate”.
3
Paragraph (2) is replaced with the following–
2
Where the benefits are money purchase benefits, the part referred to in paragraph (1) above is the part of those benefits that has accrued to or in respect of the member after 5th April 1988.
3
Where the benefits are not money purchase benefits, the part referred to in paragraph (1) above is the part, or the total of the parts, described in sub-paragraphs (a) and (b) of this paragraph.
a
In the case of benefits that have accrued to or in respect of the member as a result of the member’s pensionable service, the part of those benefits that is attributable to the member’s pensionable service after 5th April 1988.
b
In the case of any other benefits (for example, transfer credits), the part of those benefits that was credited to the member after 5th April 1988.
4
Where a member exercises a right to the cash equivalent described in paragraph (1) above, sections 41A and 41B (protection of pensions) and Part I of Schedule 1A (revaluation of pensions) are modified so that, for the purposes of those provisions, the benefits to which the cash equivalent related are disregarded and the pensionable service by reference to which those benefits were calculated is excluded from B and C in the formula set out in paragraph 2(2).
.
Amendments to the Personal and Occupational Pension Schemes (Incentive Payments) Regulations 1987
6
1
Regulation 3 of the Personal and Occupational Pension Schemes (Incentive Payments) Regulations 1987 (cases in which payments under section 7 of the Social Security Act 1986 are not to be made) is amended as described in paragraphs (2) and (3) of this regulation.
2
Paragraph (2) is amended by inserting at the beginning the words “Subject to paragraph (2B),”.
3
The following paragraph is inserted after paragraph (2A)–
2B
Paragraph (2) does not apply if both the following conditions are satisfied.
a
The employment referred to in paragraph (2) is distinguishable from the employment of the earner in question because there has been a change in the identity of the employer.
b
If the employment of the earner in question were contracted-out by reference to the scheme other than the scheme in question, payments under section 7 would be made to that other scheme in respect of the earner in question.
.
Amendment to the Personal and Occupational Pension Schemes (Protected Rights) Regulations 1987
7
Regulation 10 of the Personal and Occupational Pension Schemes (Protected Rights) Regulations 1987 (death of scheme member before effect given to his protected rights) is amended by deleting the words “in the case only of an occupational pension scheme,” from paragraph (3)(c).
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
29th May 1990


text:
1
These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 1990 and shall come into force for the purposes of regulation 6 on 2nd August 1990 and for all other purposes on 1st October 1990.
2
The Motor Vehicles (Driving Licences) Regulations 1987 shall be further amended in accordance with the following provisions of these Regulations.
3
In regulation 9(6) (conditions attached to provisional licences) at the end of the definition of “qualified driver” there shall be added the following words —
“and who, in either such case except in the case of a member of the armed forces of the Crown acting in the course of his duties, is at least 21 years of age and has held the licence referred to above for at least 3 years.”.
4
In regulation 21 (production of vehicle for test etc ) there shall be —
a
inserted in paragraph (1) after sub-paragraph (b) the following sub-paragraph —
bb
produce evidence of his identity to the satisfaction of the examiner in the form of —
i
a licence to drive a motor vehicle granted under Part III or IV of the Road Traffic Act 1988 or under the 1981 Act,
ii
a Northern Ireland licence,
iii
a British external licence,
iv
a British Forces licence,
v
a driving permit issued by the service authorities of a visiting force specified in Article 3 of the Motor Vehicles (International Circulation) Order 1975 ,
vi
a Convention driving permit as defined in Article 2(7) of that Order,
vii
an exchangeable licence,
viii
any other document falling within the definition of “domestic driving permit” in that Article which bears the holder’s name in the roman alphabet, his photograph and his signature,
ix
a passport, or
x
an identity card issued by his employer which bears the holder’s name in the roman alphabet, his photograph and his signature;
; and
b
inserted in paragraph (2)(b) after the word “(b),” the word “(bb),”.
5
In regulation 26 (statement of date of birth) the full stop at the end of paragraph (2) shall be omitted and after that paragraph there shall be inserted the following words —
; or
2A
where that person is a person specified in subsection (1)(d) of that section and the police constable has reason to suspect that he is under 21 years of age.
.
6
In the entry in the second column of Schedule 3 in relation to category B1 for the words “with a maximum authorised mass not exceeding 500kg and an engine capacity greater than 50cc” there shall be substituted the words “with an unladen mass not exceeding 500kg and with a maximum design speed exceeding 50km per hour”.
Signed by authority of the Secretary of State for Transport
Robert Atkins
Parliamentary Under Secretary of State,
Department of Transport
9th July 1990