text:
Commencement and citation
1
These Regulations shall come into force on 1st July 1991 and be cited as the Motor Vehicles (Type Approval and Approval Marks) (Fees) Regulations 1991.
Revocation
2
The Motor Vehicles (Type Approval and Approval Marks) (Fees) Regulations 1990 are hereby revoked.
Interpretation
3
1
Unless the context otherwise requires, any reference in these Regulations to —
a
a numbered regulation or Schedule is a reference to the regulation of or Schedule to these Regulations bearing that number;
b
a numbered paragraph is a reference to the paragraph bearing that number in the regulation or Schedule in which that number appears; and
c
a numbered section is a reference to the section bearing that number in the Road Traffic Act 1988.
2
In these Regulations, except where the context otherwise requires —
“applicant” means an applicant for the issue of a type approval certificate or authorisation for a vehicle or vehicle part for the purpose of a Community Instrument or ECE Regulation , an applicant for the issue of a type approval certificate or Minister’s approval certificate for a vehicle or vehicle part for the purpose of the national type approval scheme, or an applicant for the issue of a sound level measurement certificate;
“approval mark” means a marking designated as an approval mark by Regulations made under section 80;
“approval requirements” means —
the requirements for examination and approval as regards the type approval requirements specified in —
a Community Instrument;
Schedule 1 to the Great Britain Regulations ;
Schedule 1 to the Great Britain Regulations for Goods Vehicles ; and
an ECE Regulation; or
the requirements for examination and marking authorisation relating to a marking designated as an approval mark by the Motor Vehicles (Designation of Approval Marks) Regulations 1979 ;
“authorisation” means an authorisation in writing given by the Secretary of State for the application of an approval mark to a vehicle or vehicle part;
“Community Instrument” means a Council Regulation, a Council Directive or a Commission Directive;
“ECE Regulation” means a Regulation annexed to the Agreement concerning the adoption of uniform conditions of approval for motor vehicle equipment and parts and reciprocal recognition thereof concluded at Geneva on 20th March 1958 as amended to which the United Kingdom is a party ;
“examination” means any examination or test, or series of examinations or tests carried out on a vehicle or vehicle part to ascertain that in respect of that vehicle or vehicle part approval requirements have been satisfied;
“Great Britain Regulations” means the Motor Vehicles (Type Approval) (Great Britain) Regulations 1984 ;
“Great Britain Regulations for Goods Vehicles” means the Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) Regulations 1982 ;
“Government or approved premises” means premises established or approved by the Secretary of State for Transport for the examination of vehicles or vehicle parts for the purposes of the national type approval scheme, or for the purpose of a Community Instrument or an ECE Regulation;
“motorcycle” has the same meaning as in the Motorcycles (Sound Level Measurement Certificates) Regulations 1980 ;
“national type approval scheme” means the scheme for the type approval of vehicles and vehicle parts provided for in the Great Britain Regulations and the Great Britain Regulations for Goods Vehicles;
“sound level measurement certificate” has the same meaning as in the Motorcyles (Sound Level Measurement Certificates) Regulations 1980;
“type approval certificate”, “Minister’s approval certificate” and “authorisation” include a modified or duplicate type approval certificate, Minister’s approval certificate or authorisation as the case may be;
“ Type Approval Regulations ” means the Motor Vehicles (Type Approval) Regulations 1980 ;
3
A reference in these Regulations to a vehicle in category L2 or L5 is a reference to a vehicle described respectively as L2 or L5 in ECE Regulation 13 of 29th May 1969 and a reference to a vehicle in category M1, M2, M3, N1, N2 or N3 is a reference to a vehicle described respectively as M1, M2, M3, N1, N2 or N3 in Council Directive 70/156/ EEC of 6th February 1970 .
Fees — basic scale for examinations of vehicles or parts of vehicles
4
1
In this regulation any reference to a numbered column is a reference to the column bearing that number in Part II of Schedule 1.
2
Subject to the subsequent provisions of these Regulations, the fee prescribed as regards an approval requirement specified in relation to a fee number in column 1 is the fee specified in relation to that fee number in column 4.
3
Part I of Schedule 1 contains an index to Part II of that Schedule.
4
Where, in relation to an approval requirement specified in column 2, more than one type of examination or more than one type of vehicle or vehicle part is specified in column 3 in connection with that approval requirement, the fee prescribed as regards that approval requirement is that specified in column 4 opposite the examination, vehicle or vehicle part in question.
5
The fees specified in column 4(a) are hereby prescribed in a case where the examination is to be carried out on Government or approved premises by an officer of the Department of Transport or a person appointed by the Secretary of State to act on his behalf.
6
The fees specified in column 4(b) are hereby prescribed in a case where the examination is to be carried out at other premises under the supervision of an officer of the Department of Transport or a person appointed by the Secretary of State to act on his behalf.
7
Schedule 6 shall have effect for the interpretation of —
a
certain expressions relating to Community Instruments and ECE Regulations , and
b
certain abbreviations,
used in Schedule 1.
Fees — consecutive examinations
5
Where more than one vehicle or vehicle part of the same type but embodying minor variations are submitted by an applicant with a view to carrying out the examinations consecutively on each item, and the case is one where all the examinations can be carried out without setting up the examination apparatus again, the fee to be paid for the carrying out of each examination after the first one is such proportion of the fee prescribed in regulation 4 as the Secretary of State considers to be appropriate in view of the work involved in carrying out such examination.
Fees — partial examinations
6
1
Where a certificate to which this paragraph applies has been issued in relation to a vehicle or vehicle part and in consequence of an alteration in the design specification of the vehicle or vehicle part, either —
a
a further examination of the vehicle or vehicle part is needed with a view to the issue of a modified or further certificate but the alteration is not so extensive as to require that the further examination shall be as complete and exhaustive as the original examination; or
b
an applicant requires a modification of a certificate but the alteration is not so extensive as to require a further examination of the vehicle or vehicle part and can be carried out on an examination of data supplied by the applicant,
the fee for such an examination is such proportion of the fee prescribed in regulation 4 as the Secretary of State considers to be appropriate.
2
Paragraph (1) applies to —
a
a sound level measurement certificate; or
b
a type approval certificate, or an authorisation, in relation to —
i
a Community Instrument; or
ii
an ECE Regulation; or
c
a type approval certificate, or a Minister’s approval certificate, in relation to the national type approval scheme.
3
Where, in the case of any examination as is mentioned in regulation 4 or 5 or in paragraph (1) —
a
it has been found impossible to complete the examination satisfactorily; or
b
the vehicle or vehicle part submitted for the examination does not satisfy completely the requirements of the examination,
and in consequence a further, but partial, examination of the vehicle or vehicle part is required, the fee to be paid for such further examination is such proportion of the fee prescribed in regulation 4 as the Secretary of State considers to be appropriate in view of the nature and extent of the further, but partial, examination.
4
Where more than one vehicle or vehicle part of the same type but embodying minor variations is submitted by an applicant and it is unnecessary to submit each individual vehicle or vehicle part to a complete examination, the fee to be paid for the carrying out of the partial examination on a particular vehicle or vehicle part is such proportion of the fee prescribed in regulation 4 as the Secretary of State considers to be appropriate in view of the nature and extent of the partial examination.
Fees — final examination of complete vehicle
7
1
The fee for the final examination of a vehicle to which the Great Britain Regulations apply with a view to the issue in respect of that vehicle of a document specified in column 1 of Schedule 2 where, before the examination takes place, type approval procedures have been carried out (whether in Great Britain or elsewhere) to ascertain that in respect of that vehicle all the approval requirements which —
a
are referred to in Schedule 1 to those Regulations;
b
relate to particular parts or aspects of a vehicle; and
c
are applicable to the vehicle,
have been satisfied, is of the amount specified in column 3 of Schedule 2.
2
The fee for the final examination of a vehicle to which the Great Britain Regulations for Goods Vehicles apply with a view to the issue in respect of that vehicle of a document specified in column 1 of Schedule 3 where, before the examination takes place, type approval procedures have been carried out (whether in Great Britain or elsewhere) to ascertain that in respect of that vehicle all the approval requirements which —
a
are referred to in Schedule 1 to those Regulations;
b
relate to particular parts or aspects of a vehicle; and
c
are applicable to the vehicle,
have been satisfied, is of the amount specified in paragraph (3).
3
The amount referred to in paragraph (2) is the amount shown in —
a
column 2(a) of Schedule 3 if the vehicle is in category L2, L5 or N1;
b
column 2(b) of Schedule 3 if the vehicle is in category N2; and
c
column 2(c) of Schedule 3 if the vehicle is in category N3.
4
Where in the case of an examination of a complete vehicle mentioned in paragraphs (1) or (2) above —
a
it has been found impossible to complete that examination satisfactorily; or
b
the vehicle has been found not to comply in all aspects with the relevant approval requirements; or
c
the vehicle is one which has been assembled in more than one stage by more than one manufacturer; or
d
a type approval certificate or Minister’s approval certificate has previously been issued in respect of the model of the vehicle but the vehicle incorporates certain changes in detail not covered by that certificate,
and in consequence a further, but partial, examination of the vehicle is required before the relevant document can properly be issued in respect of it, the fee for that partial examination shall be such proportion of the relevant sum specified in Schedule 2 or, as the case may be, Schedule 3 as the Secretary of State considers to be appropriate in view of the nature and extent of that partial examination.
Fees — avoidance of duplication
8
Where the examination of a vehicle or vehicle part for the purposes of a Community Instrument or ECE Regulation is carried out at the same time as the examination of that vehicle or vehicle part for the purposes of the national type approval scheme, then in so far as one and the same operation or series of operations serves for both examinations, the fee payable under these Regulations shall be the fee for only one examination.
Fees — issue of documents
9
1
The fee for the issue of a document of a type specified in column 1 of Schedule 4 (being a document relating to a vehicle part) is the fee of the amount specified in relation thereto in column 3 of Schedule 4.
2
The fee for the issue of a document specified in column 1 of Part I of Schedule 5 (being a document relating to a vehicle to which the Great Britain Regulations apply) is the amount specified in relation thereto in column 3 of Part I of Schedule 5.
3
The fee for the issue of a document specified in column 1 of Part II of Schedule 5 (being a document relating to a vehicle to which the Great Britain Regulations for Goods Vehicles apply) is the amount specified in relation thereto in column 3 of Part II of Schedule 5.
4
The fee for the issue of a sound level measurement certificate is £45.
Fees — visits outside the United Kingdom
10
1
Where, in connection with an application for or the performance of, the carrying out, or supervision by or on behalf of the Secretary of State, of an examination of a vehicle or vehicle part in relation to the issue of a type approval certificate or authorisation for the purpose of a Community Instrument, or ECE Regulation, or in relation to a type approval certificate or Minister’s approval certificate for the purpose of the national type approval scheme, a visit to a place outside the United Kingdom is made, or is arranged to be made, by one or more persons acting for or on behalf of the Secretary of State, then in addition to the fee or fees prescribed by the regulations above, there shall be paid by the applicant on demand by or on behalf of the Secretary of State a further fee equal to the total of —
a
the travelling and subsistence expenses reasonably incurred or expected to be incurred by each person so acting in relation to the application or examination (including expenses outstanding after the cancellation of any travelling or subsistence arrangements which result from the withdrawal of any such application); and
b
the whole, or such proportion as the Secretary of State may determine is reasonably attributable to the application or examination, of a sum of £50 for each hour spent or expected to be spent by each person so acting whilst travelling otherwise than on land in the United Kingdom, wholly or partly in relation to the application or examination.
2
The reference to expenses in paragraph 1(a) does not include any expenses relating to —
a
travelling on land in the United Kingdom, or
b
any flight which both begins and ends within the United Kingdom.
3
If —
a
payments have been made in accordance with paragraph (1) in respect of travelling and subsistence expenses expected to be incurred, or in respect of time expected to be spent in travelling; and
b
the amount of travelling and subsistence expenses actually incurred or the time actually spent travelling in consequence of the application is greater or less than was estimated,
the fee payable under paragraph (1) shall be re-calculated in accordance with that paragraph by reference to the actual travelling and subsistence expenses incurred and the actual time spent in travelling, and the difference shall be paid by, or as the case may be, refunded, to the applicant.
Payment of fees
11
1
The fee for the carrying out or supervision of an examination of a vehicle or vehicle part in connection with the issue of a type approval certificate or authorisation, for the purpose of a Community Instrument, or ECE Regulation or in connection with the issue of a sound level measurement certificate shall be paid when the application is made for the issue of the type approval certificate, authorisation or sound level measurement certificate for the vehicle or vehicle part in question.
2
The fee for the carrying out or supervision of an examination of a vehicle or vehicle part in connection with the issue of a type approval certificate or a Minister’s approval certificate shall be paid when the applicant is notified by the Secretary of State in accordance with the provisions of the Great Britain Regulations, or the Great Britain Regulations for Goods Vehicles of the fee payable.
3
The fee for the issue of a document specified in Schedule 4 or 5 shall be paid —
a
in a case where the examination of a vehicle or vehicle part for which a fee is payable under these Regulations is required before the document is issued, when the applicant is notified of the result of the examination; and
b
in any other case, when the application is made for the issue of the document.
Fees on withdrawals and cancellations
12
1
Subject to the provisions of regulation 13, if an applicant —
a
after he has been notified of the time and place for the examination withdraws his application; or
b
does not submit the vehicle or vehicle part for the examination at the time and place fixed therefor,
he shall be liable to pay a cancellation fee to cover the abortive work involved in dealing with the application and making arrangements for the examination.
2
In the case of an examination of a vehicle or vehicle part to which a fee specified in Schedule 1 applies —
a
if the Secretary of State is, not less than 7 days before the date fixed for the examination, notified of the withdrawal or of the intention not to submit the vehicle or vehicle part for the examination, the cancellation fee shall be £90;
b
if the Secretary of State is not so notified within that period —
i
where the fee is specified in column (a) of Schedule 1, the cancellation fee shall be a quarter of that fee plus any wasted expenses reasonably incurred by the Secretary of State in the provision of any facility for the particular examination; or
ii
where the fee is specified in column (b) of Schedule 1, the cancellation fee shall be half of that fee or £200 whichever is the less.
3
In the case of a further or partial examination of a vehicle or vehicle part in the circumstances described in regulation 6, the cancellation fee shall be such proportion of the fee as the Secretary of State considers to be appropriate.
4
In the case of an examination of a vehicle to which a fee specified in Schedule 2 or Schedule 3 applies —
a
if the Secretary of State is, not less than 14 days before the date fixed for the examination, notified of the withdrawal or of the intention not to submit the vehicle for examination, the cancellation fee shall be £90;
b
if the Secretary of State is not so notified within that period, the cancellation fee shall be £265.
5
Any cancellation fee for which an applicant is liable in accordance with the foregoing provisions of this regulation shall be provided —
a
in a case where the applicant has paid the fee prescribed by these Regulations for the examination in question, by the Secretary of State retaining the cancellation fee from the fee which has been paid; or
b
in any other case by the applicant paying the cancellation fee to the Secretary of State within 14 days of the issue by the Secretary of State of a request for such payment.
6
An applicant who is liable for a cancellation fee under this regulation in respect of an application shall also be liable for any fee payable under regulation 10, but all other fees under these Regulations in respect of the application shall be reduced to nil (the balance of any sums paid in respect of the application being refundable).
Submission of alternative vehicle or vehicle part for examination
13
Where an applicant does not wish, or is unable, to submit the vehicle or vehicle part in respect of which the application was made, for examination at the time and place appointed, but is able to submit for examination at that time and place some other vehicle or vehicle part which can conveniently be fitted into the programme of examinations being carried out at that place and in respect of which he has made an application he shall be entitled, subject to any adjustment by way of refund or additional payment so as to secure that the appropriate fee is paid for the examination which actually takes place, to have the sum which he orginally paid applied in payment of the fee for that examination without being liable to pay a cancellation fee under regulation 12(1), but in that event he shall pay the appropriate fee prescribed by these Regulations when applying for a new appointment for the examination which he originally sought.
Fees to be paid in relation to prescribed and notifiable alterations
14
1
The fee prescribed in the event of particulars of a prescribed alteration being sent to the Secretary of State in accordance with regulation 10 of the Great Britain Regulations for Goods Vehicles is —
a
if the vehicle is one in respect of which a certificate of conformity has been issued —
i
£30 if the vehicle is in category L2, L5, or N1;
ii
£35 if the vehicle is in category N2 or N3; or
b
if the vehicle is one in respect of which a Minister’s approval certificate has been issued —
i
£30 if the vehicle is in category L2, L5, or N1;
ii
£35 if the vehicle is in category N2 or N3.
2
The fee prescribed in respect of a notification made in accordance with a condition attached to a type approval certificate pursuant to section 56(1)(b) issued in respect of a vehicle to which the Great Britain Regulations for Goods Vehicles apply is —
a
£5 if the vehicle is in category L2, L5 or N1; or
b
£10 if the vehicle is in category N2 or N3.
3
The fee prescribed in respect of a notification which is evidence of a kind mentioned in section 58(4) and (5) in respect of a vehicle to which the Great Britain Regulations for Goods Vehicles apply is —
a
£5 if the vehicle is in category L2, L5 or N1; or
b
£10 if the vehicle is in category N2 or N3.
Signed by authority of the Secretary of State for Transport
Christopher Chope
Parliamentary Under Secretary of State,
Department of Transport
13th May 1991
We consent to the making of these Regulations to the extent that they are made in exercise of the powers conferred by section 56(1) and (2) of the Finance Act 1973.
Thomas Sackville
Sydney Chapman
Two of the Lords Commissioners of Her Majesty’s Treasury
4th June 1991


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Value Added Tax (Piped Gas) (Metrication) Order 1991 and shall come into force on 30th November 1991 save that paragraph 3 of article 2 shall come into force on 31st December 1999.
2
–
1
Paragraph (c) of note (2) to Group 7 (Fuel and Power for Domestic or Charity Use) of Schedule 5 to the Value Added Tax Act 1983 shall be varied in accordance with paragraphs (2) and (3) below.
2
At the end of that paragraph, there shall be added the words “or, if the supplier charges for the gas by reference to the number of kilowatt hours supplied, 4397 kilowatt hours a month”.
3
In that paragraph, the words “150 therms a month or, if the supplier charges for the gas by reference to the number of kilowatt hours supplied,” shall be deleted.
Sydney Chapman
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
7th November 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the National Health Service Trusts (Pharmaceutical Services Remuneration — Special Arrangement) Order 1991 and shall come into force on lst April 1991.
2
In this Order “ the Act ” means the National Health Service Act 1977.
Payments in respect of pharmaceutical services
2
Where, under Part II of the Act —
a
a Family Health Services Authority has paid remuneration to any person for pharmaceutical services provided by him, and
b
the pharmaceutical services consist of the supply of drugs, medicines or listed applicances ordered by a medical practitioner or a dental practitioner in pursuance of the functions of an NHS trust,
that NHS trust shall have the function of paying to that Family Health Services Authority the sum which that Authority, in accordance with arrangements made under section 41 of the Act , has paid to the person providing the pharmaceutical services.
Signed by authority of the Secretary of State for Health.
Virginia Bottomley
Minister of State,
Department of Health
6th March 1991


text:
Part I
General
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Local Government Superannuation (Interchange) Regulations 1991, and shall come into force on 25th November 1991 but–
a
regulations 2, 3(1), 4(1), 5 to 20 and 24 to 26 shall have effect as from 6th April 1988,
b
regulations 21 and 22 shall have effect as from 1st December 1988,
c
regulation 23 shall have effect as from 1st April 1989, and
d
regulations 3(2) and 4(2) shall have effect as from 28th February 1991.
2
In these Regulations“the principal Regulations ” means the Local Government Superannuation Regulations 1986 , and unless the context otherwise requires any expression which is also used in the principal Regulations has the same meaning as in those Regulations.
Part II
Interchange provisions
AVC Transfers
2
Regulation C9A of the principal Regulations is amended by adding the following paragraph:
3
Schedule 6A shall also apply in relation to receipt of a transfer value in respect of an additional voluntary contributions provision or an additional voluntary contributions scheme.
.
Return of employee’s contributions in certain cases
3
1
Regulation C12 of the principal Regulations is amended–
a
by substituting for paragraph (1) the following:
1
This regulation applies to a person who–
a
i
ceases to be employed by a scheduled body, and
ii
on so ceasing to be employed does not become entitled to a retirement pension;
or
b
i
ceases to be a pensionable employee by virtue of a notification under regulation B1B, and
ii
on so ceasing to be a pensionable employee has completed less than an aggregate of 2 years' reckonable service and qualifying service; and does not, within one month and one day thereafter become a pensionable employee with any scheduled body.
;
b
by inserting after paragraph (11)(d) the following:
or
e
to a person in relation to whom a transfer value from the trustees or managers of a personal pension scheme or self-employed pension arrangement has been and remains credited to the appropriate superannuation fund.
;
c
in paragraph (12)–
i
by substituting for the words“paragraph (2)” the words“paragraph (7)”, and
ii
by inserting after the words“one month and two days after the termination of the employment” the words“or, in the case of a person referred to in paragraph (1)(b), after the notification given under regulation B1B”.
2
Regulation C12 (as amended by paragraph(1)) is further amended by deleting paragraph (5), the words“or (5)” in paragraph (6), the words“and not having given a notice under paragraph (5)” in paragraph (11)(a) and paragraph (11)(b).
Entitlement to retirement pension and retiring allowance
4
1
Regulation E2(1) of the principal Regulations is amended–
a
in sub-paragraph (b), by substituting for the word“and” after the words“2 years” the words“or regulation C12(11)(e) applies to him and in either case”;
b
in sub-paragraph (c)(ii), by inserting after the words“C12(4)(b)” the words“or regulation C12(11)(e) applies to him”.
2
Regulation E2(2)(a) is amended by deleting the words“or he is entitled under paragraph (1)(c) but makes an election under regulation C12(5)”.
Ill-health retirement grant
5
Regulation E4(1) of the principal Regulations is amended by adding after sub-paragraph (e) the following:
, and
f
to whom regulation C12(11)(e) did not apply when he ceased to hold that employment.
.
Entitlement to widow’s short-term and long-term pensions
6
Regulation E5(1) of the principal Regulations is amended by inserting after sub-paragraph (c)(ii) the following:
or
iii
a transfer value from the trustees or managers of a personal pension scheme or a self-employed pension arrangement has been and remains credited to the appropriate superannuation fund in relation to him,
.
Entitlement to children’s short-term and long-term pensions
7
Regulation E8(1) of the principal Regulations is amended by inserting after sub-paragraph (c) the following:
or
d
was in a local government employment and a transfer value from the trustees or managers of a personal pension scheme or a self-employed pension arrangement has been and remains credited to the appropriate superannuation fund in relation to him,
.
Children’s special short-term pension
8
Regulation E10(1)(a) of the principal Regulations is amended by inserting after the words“2 years” the words“and regulation E8(1)(d) does not apply to him”.
Death grant
9
Regulation E11 of the principal Regulations is amended–
a
in paragraph (1), by adding after sub-paragraph (e) the following:
or
f
was in a local government employment and a transfer value from the trustees or managers of a personal pension scheme or a self-employed pension arrangement has been and remains credited to the appropriate superannuation fund in relation to him, but was not a pensionable employee by virtue of a notification under regulation B1B,
;
b
in paragraph (8), by substituting for the words“paragraph (1)(d) or (e)” the words“paragraph (1)(d), (e) or (f)”;
c
in paragraph (9), by substituting for the words“paragraph (1)(a), (d) or (e)” the words“paragraph (1)(a), (d), (e) or (f)”.
Outward transfers
10
Regulation J2 of the principal Regulations is amended–
a
by substituting for paragraphs (1) to (4) the following:
1
Subject to paragraphs (6) and (7), where a person has ceased to be a pensionable employee by virtue of–
a
his ceasing to be employed in local government employment, or
b
a notification under regulation B1B, and the conditions in paragraph (2) are satisfied, the fund authority shall, in relation to that person, pay a transfer value to be used in accordance with paragraph 13 of Schedule 1A to the Pensions Act at the person’s option in one or more of the ways set out in sub-paragraph (2) of that paragraph.
2
The conditions are that–
a
he ceased to be a pensionable employee as described in paragraph (1) at least one year before he would have attained pensionable age, or, where the transfer value is to be paid to a superannuation scheme, before he would have attained pensionable age; and
b
he is a person–
i
who is entitled to reckon an aggregate of not less than 2 years' reckonable service and qualifying service, or
ii
in relation to whom a transfer value from the trustees or managers of a personal pension scheme or a self-employed pension arrangement has been and remains credited to the appropriate superannuation fund, or
iii
who after ceasing to be a pensionable employee as described in paragraph (1) has taken up non-local government employment in which he participates in a superannuation scheme and he has, within 12 months after taking up that employment, made an application, such as is mentioned in sub-paragraph (c), for a transfer value to be paid, or
iv
who after ceasing to be a pensionable employee as described in paragraph (1) enters into a contract for a personal pension scheme or a self-employed pension arrangement or an appropriate policy and has, within 12 months of that contract, made an application, such as is mentioned in sub-paragraph (c), for a transfer value to be paid; and
c
he has–
i
if the request is for the transfer value to be paid to a superannuation scheme, before attaining pensionable age, or
ii
in any other case, at least one year before he would have attained pensionable age or not later than 6 months after the date on which he ceased to be a pensionable employee, whichever is the later, made an application in writing to his fund authority for a transfer value to be paid, and has not subsequently withdrawn it in accordance with paragraph (10)(a); and
d
in the case of a person who ceased to be employed in his local government employment before 31st March 1972, his local government employer has consented to the payment of the transfer value.
3
The local government employer may in any particular case extend the period of 12 months referred to in paragraphs (2)(b)(iii) and (iv).
b
in paragraph (5), by substituting for the words“paragraph (3)(d)” the words“paragraph (2)(d)”;
c
in paragraph (6), by deleting sub-paragraphs (c) and (f);
d
by adding after paragraph (7) the following:
8
Subject to paragraph (9), the fund authority shall, if an application under paragraph (2)(c) is received by them, pay a transfer value not later than–
a
12 months after the date on which they receive the application, or
b
where the person in relation to whom the transfer value is paid–
i
ceased to be a pensionable employee as described in paragraph (1) on a date at least one year before he would have attained pensionable age, and
ii
made his application under paragraph (2)(c) not later than 6 months after that date, the date on which he attains pensionable age,
whichever is the earlier.
9
Where proceedings before a court have been commenced against a person at any time before the expiry of the period of 12 months beginning with the date on which he ceased to be a pensionable employee, and it appears to the fund authority that the proceedings may lead to all or any part of the benefits payable under these Regulations to or in respect of that person being forfeited under regulation M1, the date by which the fund authority shall pay a transfer value in relation to that person shall be–
a
the date by which they would be required to do so under paragraph (8), or
b
the end of the period of 3 months after the conclusion of the court proceedings (including any proceedings on appeal),
whichever is the later.
10
a
A person who has made an application under paragraph (2)(c) may withdraw that application by giving notice in writing to his fund authority, but such a notice will be of no effect if, before receiving it, the fund authority have entered into an agreement with a third party to use the whole or part of that person’s transfer value in one or more of the ways specified in paragraph 13(2) of Schedule 1A to the Pensions Act.
b
A person who withdraws an application may make another.
11
Where a person is entitled to separate preserved benefits by virtue of regulation E2(9)(c) he may make an application under paragraph (2)(c) above in respect of all or any of those separate entitlements and, where his application does not relate to all of them, he may make a further application in respect of all or any of the remainder.
.
Amount of transfer value etc.
11
Regulation J4(1) of the principal Regulations is amended by substituting for the words“Parts I to IV ” the words“Part I”.
Rights where a person transfers to the Communities' scheme and leaves without a right to either an immediate or prospective pension
12
Regulation J6(5) of the principal Regulations is amended by substituting for sub-paragraph (a) the following:
a
on the termination of his local government employment he had been entitled to reckon either–
i
where the termination occurred before 6th April 1988, an aggregate of 5 years' reckonable service and qualifying service, or
ii
where the termination occurred on or after 6th April 1988, an aggregate of 2 years' reckonable service and qualifying service, or
iii
if he was subject to a local Act scheme, 5 years' service which would have been taken into account under the scheme for the purpose of determining whether he was entitled to benefit, and
.
Compound interest on certain sums
13
Regulation J7 of the principal Regulations is amended by deleting the words“J2(3)(e)(iii)” and the words “I (paragraph 1(2)),”.
Inward Transfers
14
Regulation J8 of the principal Regulations is amended–
a
by substituting for paragraphs (1) and (2) the following:
1
Where a person, other than a person to whom Part Q applies, becomes a pensionable employee and has accrued rights to benefit under a superannuation scheme, a personal pension scheme, a retirement annuity contract or a self-employed pension arrangement (including rights to preserved benefits and rights appropriately secured under section 52C of the Pensions Act but excluding rights to benefits arising out of an additional voluntary contributions provision or an additional voluntary contributions scheme unless the payments securing such rights under that provision or scheme began before 8th April 1987), he may within 12 months of becoming a pensionable employee (subject to paragraph (4)) give written notice to his fund authority that he wishes the fund authority to accept a transfer value in respect of some or all of those accrued rights from–
a
the trustees or managers of the superannuation scheme, personal pension scheme, retirement annuity contract or self-employed pension arrangement under which his accrued rights arise, or
b
the trustees or managers of the superannuation scheme, personal pension scheme, retirement annuity contract or self-employed pension arrangement, or the insurance company, to which a payment in respect of his accrued rights has been made.
2
Where notice is given in accordance with paragraph (1), the transfer value shall, subject to paragraphs (5) and (6) and provided that the conditions specified in paragraph (3) are satisfied, be accepted by the fund authority and shall, together with the amount of any limited revaluation premium under section 45 of the Pensions Act repaid to the fund authority by the Secretary of State, be credited to their superannuation fund.
;
b
in paragraph (3), by deleting sub-paragraphs (a) and (b);
c
in paragraph (4), by substituting for the words“paragraph (3)(b)” the words“paragraph (1)”;
d
by substituting for paragraphs (6), (7) and (8) the following:
6
Subject to paragraph (7), the fund authority shall not be required to accept a transfer value in accordance with paragraph (2) if that transfer value does not exceed P x F, where–
P is the annual amount of the guaranteed minimum pension to which the person would have become entitled under these Regulations at the date when the fund authority are requested to accept the transfer value as a result of the transfer value being accepted, and
F is the factor appropriate to that person set out in column 2 of the following table opposite that person’s age in column 1 at the same date:
TABLE
1 2 Age Appropriate factor
29 or under 8 30 to 39 9 40 to 49 10 50 or over 12
7
Paragraph (6) does not apply to a transfer value offered by the scheme managers of a club scheme.
.
Right to reckon service
15
Regulation J9 of the principal Regulations, which shall have effect subject to regulation 26 below, is amended–
a
by substituting for paragraph (1)(b) the following:
b
he shall be entitled to reckon as qualifying service all the service in respect of which he has accrued rights to benefits under his previous superannuation scheme or appropriate policy, as certified by the trustees or managers of that scheme or issuers of that policy, whether the transfer value relates to some or all of those accrued rights.
; and
b
by substituting for paragraph (2) the following:
2
For the purposes of making any calculation under these Regulations a period reckonable under paragraph (1)(a) shall be treated–
a
where the person is a man, as reckonable service after 5th April 1978, and
b
where the person is a woman, as reckonable service after 5th April 1988.
.
Change of local government employment and fund authority
16
Regulation Q2(1)(c) of the principal Regulations is amended by inserting after the words“he is” the words“a pensionable employee and is”.
Glossary of expressions
17
Schedule 1 to the principal Regulations is amended–
a
by inserting after the entry for the expression “Additional contributory payment” the following:
“Additional voluntary contributions provision” A provision of a superannuation scheme approved by the Board of Inland Revenue under section 591 of the Income and Corporation Taxes Act 1988 which provides for the payment by employees of voluntary contributions. “Additional voluntary contributions scheme” A scheme approved by the Board of Inland Revenue under section 591 of the Income and Corporation Taxes Act 1988, to which an employer is not a contributor and which provides benefits additional to those provided by a superannuation scheme.
b
by inserting after the entry for the expression“Appropriate administering authority” the following:
“Appropriate personal pension scheme” A personal pension scheme for which there is in force a certificate issued in accordance with regulations made under section 2 of the Social Security Act 1986, and which has been approved by the Board of Inland Revenue under Chapter IV of Part XIV of the Income and Corporation Taxes Act 1988 or provisionally approved under section 655(5) of that Act. “Appropriate policy” A policy of insurance or annuity contract which provides an annuity which satisfies requirements prescribed under paragraph 13(2)(b) of Schedule 1A to the Pensions Act.
;
c
by inserting after the entry for the expression “Child” the following:
“Club scheme”
A superannuation scheme–
which provides benefits calculated by reference to the remuneration of the participant;
(except where it is established and maintained in the Channel Islands or the Isle of Man) which is approved by the Board of Inland Revenue under Chapter I of Part XIV of the Income and Corporation Taxes Act 1988;
which is open to new participants, or is a closed scheme the trustees or managers of which also provide an open scheme which is a club scheme for new employees of the same employer and of the same grade or level of post as the participants in the closed scheme; and
which complies which reciprocal arrangements for the payment and receipt of transfer values with the statutory schemes and schemes made under section 7 of the Act of 1972.
;
d
by inserting after the entry for the expression“The Pensions Act” the following:
“Personal pension scheme” A personal pension scheme as defined in section 84(1) of the Social Security Act 1986 which has been approved by the Board of Inland Revenue under Chapter IV of Part XIV of the Income and Corporation Taxes Act 1988 or provisionally approved under section 655(5) of that Act.
;
e
by inserting after the entry for the expression“Retiring allowance” the following:
“Retirement annuity contract” A contract approved by the Board of the Inland Revenue under either section 620 or 621 of the Income and Corporation Taxes Act 1988.
;
f
by inserting after the entry for the expression“Scheme managers” the following:
“Self-employed pension arrangement” A personal pension scheme within the meaning of Chapter IV of Part XIV of the Income and Corporation Taxes Act 1988 which is approved by the Board of Inland Revenue under that Chapter or provisionally approved under section 655(5) of that Act, but which is neither a personal pension scheme within the meaning of the Social Security Act 1986 nor a contract or a scheme approved under Chapter III of Part XIV of the Income and Corporation Taxes Act 1988.
;
g
by inserting after the entry for the expression “Statutory scheme” the following:
“Superannuation scheme”
An occupational pension scheme within the meaning of section 66(1) of the Pensions Act except–
a retirement benefits scheme as defined in section 611 of the Income and Corporation Taxes Act 1988 which is not of a description mentioned in section 596(1)(a), (b) or (c) of that Act, or
an additional voluntary contributions scheme, or
an appropriate personal pension scheme, or
an appropriate policy, or
a personal pension scheme, or
a self-employed pension arrangement.
.
Transfers from AVC Provisions and Schemes
18
Schedule 6A to the principal Regulations is amended by inserting after paragraph 9 the following–
9A
1
A pensionable employee may, when giving a notice under regulation J8(1), also give written notice to the appropriate administering authority that he wishes them to accept a transfer value relating to some or all of the rights to benefits arising out of an additional voluntary contributions provision or an additional voluntary contributions scheme to be used to provide money purchase benefits as specified in paragraphs 3, 4 and 5 of this Schedule.
2
Where such a notice is given the transfer value shall be accepted and so used by the administering authority and paragraphs 3, 4, 5(3) and (4), 8 and 9 of this Schedule shall apply in relation to the transfer value as they apply to additional contributions except that for references to a notice under paragraph 1(1) or 2(c) there shall be substituted a reference to the notice under sub-paragraph (1).
.
Calculation of transfer values
19
Schedule 16 to the principal Regulations is amended by substituting for Parts I, II , III and IV the following:
PART 1
1
In this Schedule
“accrued rights” means the rights which have accrued in respect of a person under these Regulations at the material date (or, in the case of such a person as is described in regulation J2(11), those rights in respect of which his application under regulation J2(2)(c) was made), or, if his service is less than that specified in regulation E2(1)(c)(i), the rights which would have so accrued if that regulation had contained no requirement as to service; and, for the purpose of determining a single man’s accrued rights in respect of a widow’s pension all his reckonable service shall be taken into account if any part of that reckonable service is reckonable by virtue of regulation J9(1)(a) of these regulations or regulation N8(1)(a) of the 1974 regulations;
“capitalised value” means the capitalised value at the material date as determined by the fund authority, in such manner as may be approved by the Government Actuary or by an actuary authorised by the Government Actuary to act on his behalf for that purpose, having regard to investment conditions and the contingencies on which benefits are, or are to be, payable under these regulations;
“material date” means the date on which the person ceased to be employed in local government employment or to be a pensionable employee, as described in regulation J2(1), or, if it is later, the date on which his application for payment of a transfer value is received by his fund authority; and
“state scheme premium” means a state scheme premium or a transfer premium under Part III of the Pensions Act.
2
Subject to the provisions of this Part of this Schedule, a transfer value to be paid in accordance with the provisions of regulation J2, J3(1) or J14 in respect of a person shall be an amount equal to–
a
the capitalised value of his accrued rights at the material date, and any associated rights under the Pensions (Increase) Act 1971 and the Pensions (Increase) Act 1974, less a sum, if any, in respect of any state scheme premium which is payable or has been paid and not recovered in respect of a period of service taken into account in the valuation of those rights, together with
b
where the transfer value is, without reasonable cause or excuse, not paid within 6 months of the material date and it is not to be paid to a club scheme–
i
interest, calculated on a daily basis over the period from the material date to the date on which the transfer value is paid at the rate set out in regulation 4(4)(a) of the Occupational Pension Schemes (Transfer Values) Regulations 1985, or, if it is greater,
ii
the amount by which the transfer value falls short of what it would have been if the material date had been the date on which the transfer value was paid.
3
Where, prior to the last date on which the fund authority is required to pay a transfer value under these regulations, the employing authority has directed under regulation M1 or any corresponding provision of earlier legislation or a local Act scheme that all or any of the benefits payable under these regulations shall be forfeited, any transfer value payable in respect of that person shall be reduced in proportion to the reduction in the total value of the benefits or shall be withheld as the case may be.
4
Where a person requests that a transfer value be paid–
a
i
to a superannuation scheme which is not contracted-out within the meaning of section 32(1) of the Pensions Act, or
ii
to a superannuation scheme which is contracted-out within the meaning of that section and the person is not entitled to benefits under regulation E2(1)(c), or
iii
to a personal pension scheme which is not an appropriate personal pension scheme, or
iv
to a self-employed pension arrangement; and
b
the trustees or managers of the superannuation scheme, personal pension scheme or self-employed pension arrangement are able and willing to have transferred to it only the liability for a member’s accrued rights other than his and his surviving spouse’s rights to guaranteed minimum pensions; and
c
he does not require that portion of his transfer value that represents his guaranteed minimum pension to be used in one of the ways specified in paragraph 13(2)(b) and (c) of Schedule 1A to the Pensions Act,
then his transfer value shall be reduced by the amount of a state scheme premium sufficient to meet the liability in respect of that person’s and his surviving spouse’s guaranteed minimum pensions.
5
1
Subject to sub-paragraph (2), where a person has ceased to be a pensionable employee by virtue of a notification under regulation B1B, that person shall be entitled to a transfer value under regulation J2(1) in respect only of that part of his accrued rights which is attributable to his reckonable service after 5th April 1988.
2
This paragraph shall not apply to a person the aggregate of whose reckonable service and qualifying service before 6th April 1988 amounts to less than 2 years.
3
Where–
a
a transfer value limited in accordance with sub-paragraph (1) has been paid in respect of a person, and
b
that person has subsequently ceased to be employed in local government employment before attaining pensionable age or, where regulation J2(2)(c)(ii) applies, at least one year before he would have attained pensionable age,
a right to a transfer value in respect of any part of his accrued rights to which, but for the operation of sub-paragraph (1), he would have been entitled on ceasing to be a pensionable employee, shall accrue to the person on the date on which his local government employment ceased and shall be valued accordingly.
4
In relation to any person to whom sub-paragraph (3) applies–
a
regulation J2(2)(c)(ii) shall have effect as if there were substituted for the words“a pensionable employee” the words“employed in local government employment”; and
b
the definition of“material date” in paragraph 1 shall have effect as if the words“or to be a pensionable employee, as described in regulation J2(1)” were deleted.
5
For the purposes of this paragraph, where a person ceases to be employed in local government employment but that person enters again into local government employment, then, if there is between those two employments–
a
an interval not exceeding one month; or
b
an interval of any length if the second of the employments results from the exercise of a right to return to work under section 45(1) of the Employment Protection (Consolidation) Act 1978 (right to return to work following pregnancy or confinement),
they shall be treated as a single employment unless the employee elected under regulation E2(9)(c).
6
A transfer value paid by a fund authority in respect of a person shall, unless it is paid to the trustees or managers of a club scheme, be at least equal to the aggregate of–
a
any contributions made by that person under Part C (other than contributions under regulation C9A),
b
any transfer values paid to that fund authority under Part J in respect of that person, and
c
any transfer values paid under Part J in respect of that person to an authority which was his previous fund authority (within the meaning of regulation Q2),
(insofar as those contributions or transfer values relate to the accrued rights in respect of which the transfer value is paid) less any state scheme premium paid or payable.
7
A transfer value paid under this Schedule shall be at least equal in amount to the cash equivalent, if any, to which a person would otherwise be entitled under Part II of Schedule 1A to the Pensions Act including any state scheme premium paid or payable.
.
Calculation of reckonable service to be credited under regulation J9(1)(a)
20
The principal Regulations are amended by substituting for Schedule 17 the following:
SCHEDULE 17
CALCULATION OF RECKONABLE SERVICE TO BE CREDITED UNDER REGULATION J9(1)(a)
Regulation J9(1)(a)
1
Where a transfer value has been paid to, and accepted by, the fund authority, there shall be credited to the person in respect of whom the payment was made a period of reckonable service calculated in accordance with paragraph 2.
2
For the purposes of paragraph 1–
a
where the transfer value–
i
is paid by the trustees or managers of a club scheme,
ii
represents all the rights relating to the person in that scheme,
iii
has been calculated in a manner consistent with the methods adopted and assumptions made by the fund authority in determining the amount of transfer values to be paid to club schemes, and
iv
is paid following an application made to the fund authority within 12 months of the person becoming a pensionable employee,
the period of reckonable service to be credited to the person shall be equal to the period of service which if used to calculate a transfer value to be paid to a club scheme would produce an amount equal to the transfer value received by the fund authority, and in making the calculation regard shall be had to the person’s age, rate of pensionable remuneration, pensionable age, marital status and, in addition, to any other factor notified to the fund authority by the trustees or managers of the scheme making the payment as having been taken into account in determining its amount;
b
in any other case the period of reckonable service credited to the person shall be calculated in a manner consistent with the methods adopted and assumptions made by the fund authority in determining the amount of transfer values to be paid to superannuation schemes (other than club schemes) under Schedule 16, due allowance being given for the expected increase in the pensionable remuneration of a local government employee between the appropriate date and the date on which the person in respect of whom the transfer value was paid would attain pensionable age.
3
In this Schedule“the appropriate date” means the date on which the person in respect of whom the transfer value is paid became a pensionable employee or, if the transfer value is received more than 12 months after that date, the date on which it is received.
PART III
MINOR AND TRANSITIONAL PROVISIONS
Power to admit employees of other bodies
21
Regulation B3(8) of the principal Regulations is amended by inserting after paragraph (f) the following:
ff
Housing for Wales;
.
Change of local government employment and fund authority
22
Regulation Q2(2) of the principal Regulations is amended by inserting after the words“London Government Act 1963” the words“or an offer made under paragraph 9 of Schedule 5 to the Housing Act 1988”
Change of local government employment and fund authority
23
Regulation Q2(6) of the principal Regulations is amended by inserting after the words“London Government Act 1963” the words“or an offer made under paragraph 11(1)(b) of Schedule 1 to the Housing (Scotland) Act 1988”
Transitional provisions
24
Regulations 10 to 15 and 19 and 20 shall have effect subject to regulations 25 and 26 below.
25
1
Regulations 10 to 15 and 19 and 20 shall not have effect–
a
in relation to–
i
any person who has completed 5 or more years' reckonable service and qualifying service as a pensionable employee, or
ii
any person to whom regulation C12(12) of the principal Regulations applies and who has not received a return of contributions,
and whose local government employment ceased before 1st January 1986 (or who ceased to be subject to the principal Regulations before that date), so as to allow him to exercise an option under regulation J2 of the principal Regulations which would not have been available to him had these Regulations not been made; or
b
in relation to–
i
payments of transfer values made by the fund authority to club schemes in respect of which an application was received by that authority before 6th April 1988, or
ii
payments of transfer values made by such schemes to the fund authority, in respect of which an application was received by the scheme before that date,
unless both the fund authority and the trustees or managers of the scheme agree otherwise.
2
Where–
a
a transfer value is payable to the trustees or managers of an approved non-local government scheme which is not a club scheme, and
b
the reckonable service to which it relates includes reckonable service which the person was entitled to reckon as reckonable service before 6th April 1988,
the amount of the transfer value shall be the total of A and the greater of B and C, where–
A is a notional transfer value, calculated in accordance with Part J of the principal Regulations (as amended by these Regulations), in respect of the person’s reckonable service after 5th April 1988,
B is a notional transfer value, calculated on the same basis, in respect of his reckonable service before 6th April 1988, and
C is a notional transfer value, calculated as if Part J of the principal Regulations, as in force on 5th April 1988, had continued in force, in respect of his reckonable service before 6th April 1988.
26
1
This regulation applies where–
a
a person ceased to be employed in local government employment (“the former employment” before 6th April 1988; and
b
a transfer value (“the first transfer value” was paid in respect of him by his fund authority to the trustees or managers of a club scheme; and
c
he again becomes a pensionable employee before 6th April 1993; and
d
he has, between his ceasing the former employment and his again becoming a pensionable employee, participated in the club scheme referred to in sub-paragraph (b), and has at no time during that period been employed otherwise than in an employment in which he was entitled to participate in that scheme; and
e
within 12 months of again becoming a pensionable employee, he applies for a transfer value to be paid by the trustees or managers of the club scheme to his new fund authority in accordance with the rules of that scheme; and
f
the trustees or managers of the club scheme pay to the new fund authority for the credit of their superannuation fund–
i
a sum equal to the amount of the first transfer value together with compound interest on that sum calculated at the rate of 2¼% per quarter for the period beginning on the day after the person ceased the former employment and ending on the date on which the sum is paid to the new fund authority; and
ii
a transfer value, calculated in accordance with Part J of the principal Regulations (as amended by these Regulations) in respect of the person’s service while he was a member of the club scheme (“the second transfer value”.
2
Where this regulation applies–
a
the person shall be entitled to reckon the same qualifying service and reckonable service as he would have been entitled to reckon if the first transfer value had not been paid; and
b
regulation J9 (as amended by these Regulations) shall apply in respect of the second transfer value.
Right to opt out
27
1
Except as provided by paragraph (2) below, no provision of these Regulations shall apply to any person to whom at any time before 25th November 1991 any benefit (including a return of contributions and any pension payable to a widow or widower or any dependant by virtue of a surrender) was being paid or became or might become payable if–
a
he is placed by that provision in a worse position than he would have been in if it had not applied in relation to that benefit; and
b
that provision applies in relation to a benefit paid or payable in respect of a person who–
i
ceased before 25th November 1991 to hold an employment in respect of which he was a pensionable employee (whether or not he has subsequently recommenced any such employment); or
ii
died before that date while still in such an employment; and
c
the first-mentioned person, by notice in writing given to the appropriate administering authority within 3 months after 25th November 1991, elects that that provision shall not apply in relation to that benefit.
2
If such an election as is mentioned in paragraph (1) above is made in relation to a benefit which was being paid or became or might have become payable in respect of a person who is employed in a local government employment, or if that person subsequently recommences service in such an employment, then–
a
the election shall have effect in relation to the benefit only to the extent that it accrues or has accrued–
i
by virtue of periods of service rendered before the cessation referred to in paragraph (1) above (or, if there has been more than one such cessation, the last of them before 25th November 1991); or
ii
by virtue of contributions paid in respect of any such periods of service; and
b
in determining entitlement to, or the amount of, the benefit to that extent, he shall (without prejudice to the application of this paragraph) be treated as if he had never recommenced service in such employment at any time after the cessation referred to in sub-paragraph (a) above;
and the provision in question shall apply accordingly.
Right of appeal
28
The provisions of Part N of the principal Regulations (determination of questions and appeals) shall apply in relation to rights and liabilities arising by virtue of these Regulations as they apply in relation to other rights and liabilities under the principal Regulations.
Michael Heseltine
Secretary of State for the Environment
28th October 1991


text:
1
This Order may be cited as the Extension of the Vehicles (Excise) Act 1971 to Northern Ireland (Commencement) Order 1991.
2
Section 10 of the Finance Act 1991 shall come into force on 1st October 1991.
Signed by authority of the Secretary of State for Transport
Christopher Chope
Parliamentary Under Secretary of State,
Department of Transport
5th September 1991


text:
Citation and commencement
1
This Order may be cited as the Guaranteed Minimum Pensions Increase (No.2) Order 1991 and shall come into force on 6th April 1992.
Increase of guaranteed minimum pensions
2
For the purposes of section 37A(3) and (4) of the Social Security Pensions Act 1975 the percentage by which there is to be an increase in the rate of that part of any guaranteed minimum pension which is attributable to earnings factors for the tax year 1988-89 and subsequent tax years shall be 3 per cent.
Signed by authority of the Secretary of State for Social Security.
Henley
Parliamentary Under-Secretary of State,
Department of Social Security
18th December 1991


text:
Citation and commencement
1
This Order may be cited as the Tanfield Railway (Causey Extension)Light Railway Order 1991 and shall come into force on 4th May 1991.
Interpretation
2
In this Order, unless the context otherwise requires, the followingexpressions have the meanings hereby respectively assigned tothem: —
“the Company” means the Tanfield Railway Company Limited incorporated under theCompanies Acts 1948 to 1967 and having its registered office at 33Stocksfield Avenue, Newcastle upon Tyne NE5 2DX;
“the County Council” means Durham County Council;
“the deposited plan” and“the deposited section” mean respectively the plan and section deposited in respect of theapplication for this Order with the Department of Transport;
“the existing railway” means the line from Sunnyside in the County of Tyne and Wear at theside of the A6076 road (Ordnance Survey Grid ReferenceNo. NZ209585) toMarley Hill in the County of Tyne and Wear (Ordnance Survey GridReference No. NZ207573) approximately ¾ mile south of Sunnyside;
“the level crossing” means the level crossing located on the road;
“the principal Act ” means the Light Railways Act 1896;
“the railway” means the railway described in the Schedule to this Order;
“the road” means the unclassified road between Tanfield and Causey joiningthe A6076 at Causey in the County of Durham (Ordnance Survey GridReference No. NZ206563);
“Strathmore Estates” means Strathmore English Estates, Norham House, 12 New BridgeStreet West, Newcastle upon Tyne NE1 8AD.
Incorporation and application of enactments
3
1
The following provisions of the Railways Clauses Consolidation Act1845 so far as the same are applicable for the purposes andare not inconsistent with, or varied by, the provisions of this Order,are incorporated with, and form part of, this Order: —
Sections 3, 7, 13, 16, 24, 46, 49, 50 to 58, 65 to 68, 86 to 88, 103 and 138.
2
Subject to the provisions of this Order such of the enactmentsmentioned in the Second Schedule to the principal Act as are still inforce shall not apply to the railway except for section 22 of theRegulation of Railways Act 1868 (means of communication between passengers and Company'sservants to be provided) and section 1 (power to order certainprovisions to be made for public safety) and section 5 (penalty foravoiding payment of fare) of the Regulation of Railways Act 1889 .
3
In its application to the railway section 22 of the Regulation ofRailways Act 1868 shall be read construed and have effect as if thewords“and travels more than twenty miles without stopping” had been omitted.
4
Without prejudice to the generality of the foregoing, sections 116to 118 of the Transport Act 1968 shall apply to the railway as if forthe references therein to the Board there were substituted references tothe Company.
Power to make railway
4
Subject to the provisions of this Order the Company may on landsleased or held on licence from Strathmore Estates or held on lease fromthe County Council in the line and situation and upon the landsdelineated on the deposited plan and according to the level shown on thedeposited section make and maintain the railway with all necessary worksand conveniences connected therewith and may work the railway as a lightrailway under the principal Act.
Power to deviate
5
In the construction of the railway or any part thereof the Companymay deviate vertically from the level shown on the deposited section toany extent not exceeding 0.50 metres upwards or downwards or to suchfurther extent as the Secretary of State may approve:
Provided that where the railway crosses the road the Company shallnot deviate vertically from the level shown on the deposited section toany extent beyond 10 millimetres upwards or downwards.
As to crossing of road on the level
6
1
The Company may in the construction of the railway carry the samewith a single line across and on the level of the road to the west ofthe Causey Arch Inn within the area of the level crossing as shown as onthe deposited plan and section.
2
The rails of the railway shall be laid and maintained within thearea of the level crossing so that the upper surface is upon a levelwith the surface of the carriageway or footway of the road.
3
The Company shall erect and maintain gates across the railway oneach side of the road.
4
The Company shall employ a proper person or proper persons to openand closesuch gates.
5
Such gates shall be kept constantly closed across the railway exceptduring the time when engines carriages or trucks passing along therailway shall have occasion to cross the road and shall be of suchdimensions and so constructed as when closed across the railway oracross the road to fence in the railway sufficiently.
6
The Company shall not within the area of the level crossing obstructor hinder the traffic or persons passing along the road for longer thanis reasonably necessary in taking any train, engine, carriage or truckacross the road.
7
The surface of the carriageway over the crossing shall be maintainedin good and even condition.
8
The ground at the two edges of the carriageway where it passes overthe crossing shall be made up to the level of the carriageway for adistance of approximately 2 metres beyond each edge
9
The Company shall provide, maintain and operate at the levelcrossing such lights traffic signs and other devices and appliances asthe Secretary of State may from time to time require.
Power to stop up road
7
1
Subject to the provisions of this Order, the Company may for thepurpose of or in connection with the construction and maintenance of therailway temporarily stop up, open, break up, interfere with, alter ordivert all or any part of the carriageway or footway of the part of theroad within the area of the level crossing and may execute and do allnecessary works and things for or in connection with such stopping up,opening, breaking up, interference, alterations or diversion, and forkeeping such carriageway or footway open for traffic, and may remove oralter any lamp-posts, posts and other erections upon the land soaffected.
2
The Company shall provide reasonable access for all persons bonafide going to or returning from any premises fronting the road or towhich access is gained from the road during any stopping up,interference, alteration or diversion under the powers of this section.
3
The exercise by the Company of the powers of this article inrelation to any road or footpath shall not prejudice or affect the rightof telecommunication operators to maintain inspect repair renew orremove telecommunications apparatus or break open that road or footpathfor any of those purposes.
Gauge of railway and motive power
8
The railway shall be constructed on a gauge of 1435 millimetres andthe motive power of the railway shall be diesel, diesel electric, steamor such other motive power as the Secretary of State may approve:
Provided that nothing in this Order shall authorise the use ofelectrical power as motive power on the railway unless such power isobtained from storage batteries or from a source of generation entirelycontained in and carried along with the engines and carriages:
Provided also that, if electrical power is used as motive power on the railway, such electrical power shall not be used in such a manner as to cause or be likely to cause any interference with any telecommunicationsapparatus (as defined in Schedule 2 to the Telecommunications Act 1984 ) or with telecommunications by means of such apparatus.
Restrictions as to weight, speed and conveyance of passengers
9
1
The Company shall not use upon the railway any engine, carriage ortruck bringing any weight upon the rails by any one pair of wheelsexceeding such weight as the Secretary of State may allow.
2
The Company shall not run any train or engine upon any part of therailway at a speed exceeding at any time that fixed by the Secretary ofState for such part.
3
No part of the railway shall be used for the conveyance ofpassengers without the prior written permission of the Secretary ofState and the Company shall comply with any conditions which theSecretary of State may from time to time prescribe for the safety ofpersons using the Company’s railway.
4
If the Company contravenes any of the provisions of this article itshall for each offence be liable on summary conviction to a fine notexceeding level 2 on the standard scale.
Public liability insurance
10
1
In this article: —
“insurer” means any insurer or insurers authorised under the InsuranceCompanies Act 1982 to carry on in the United Kingdom insurance business ofa relevant class or who has corresponding permission under the law ofanother member state of the European Economic Community;
“policy” means a public liability policy with an insurer providing maximumcover in respect of any one accident on or occasioned by the operationof the railway of not less than £1 million.
2
a
The Company shall not work the railway unless there is in forcea policy in accordance with the provisions of this article.
b
If the Company contravene the provisions of this article they shallbe liable on summary conviction to a fine not exceeding level 5 on thestandard scale or, on conviction on indictment, to a fine.
3
The adequacy of the cover provided by a policy maintained inaccordance with this article shall be regularly reviewed by the Company.
Signed by authority of the Secretary of State for Transport
J. R. Coates
An Under-Secretary in the
Department of Transport
3rd May 1991


text:
Citation and commencement
1
This Order may be cited as the Legal Aid Act 1988 (Children Act 1989) Order 1991 and shall come into force on 14th October 1991.
Amendment of the Legal Aid Act 1988
2
In section 15 of the Legal Aid Act 1988 (availability of, and payment for, representation under provisions relating to civil legal aid) —
a
in subsection (1) for the words “(3B)” there shall be substituted “(3D)”;
b
the following subsections shall be inserted after subsection (3B) —
3C
Subject to subsection (3A) but regardless of subsections (2) or (3), representation under this Part must be granted to the child in respect of whom the application is made, to any parent of such a child and to any person with parental responsibility for him within the meaning of the 1989 Act to cover proceedings relating to an application for the following orders under that Act —
a
an order under section 31 (a care or supervision order);
b
an order under section 43 (a child assessment order);
c
an order under section 44 (an emergency protection order); or
d
an order under section 45 (extension or discharge of an emergency protection order).
3D
Subject to subsections (2) and (3), representation must be granted to cover proceedings relating to an appeal against an order made under section 31 of the 1989 Act to a person who has been granted representation by virtue of subsection (3C).
3E
Subject to subsections (1) and (3A) but regardless of subsections (2) or (3), representation under this Part must be granted where a person applies to be or has been joined as a party to any of the proceedings mentioned in subsection (3C).
.
Saving provisions
3
The provisions in Schedule 15 of the Children Act 1989 which repeal sections 27, 28, 30(1) and (2) of and paragraphs 2(a) and (e) of Part I of Schedule 2 to the Legal Aid Act 1988 shall apply only to applications for legal aid in respect of proceedings commenced on or after 14th October 1991.
Mackay of Clashfern, C
Dated 25th July 1991


text:
Title and commencement
1
These Regulations may be cited as the Welfare of Pigs Regulations 1991 and shall come into force on 1st October 1991.
Prohibitions relating to tethers
2
1
If any pig which is for the time being on agricultural land is tethered, any person responsible for tethering it shall be guilty of an offence under section 2 of the Agriculture (Miscellaneous Provisions) Act 1968.
2
For the purposes of paragraph (1), a person is responsible for tethering a pig if the pig is under his control and he —
a
tethers it or causes or permits it to be tethered; or
b
may reasonably be expected to know that it is or may be tethered.
3
A person shall not be guilty of an offence by virtue of paragraph (1) by reason of the tethering of a pig while it is undergoing any examination, test, treatment or operation carried out for veterinary purposes.
Prohibitions relating to stalls and pens
3
1
Where a pig is kept in a stall or pen on agricultural land (whether or not on its own) —
a
the pig must be free to turn round without difficulty at all times; and
b
the stall or pen must have at least the minimum dimensions for keeping the pig in the stall or pen on its own;
and if the pig is kept in a stall or pen in contravention of this paragraph any person responsible for its being so kept shall be guilty of an offence under section 2 of the Agriculture (Miscellaneous Provisions) Act 1968.
2
For the purposes of paragraph (1)(b), a stall or pen has the minimum dimensions for keeping a pig in the stall or pen on its own if —
a
the area of the stall or pen is not less than the square of the length of the pig; and
b
none of the sides of the stall or pen has a length which is less than seventy-five per cent of the length of the pig.
References above to the length of the pig are references to its length from the tip of its snout to the base of its tail while it is standing with its back straight; any references to dimensions are references to internal dimensions.
3
For the purposes of paragraph (1), a person is responsible for a pig being kept in a stall or pen in contravention of that paragraph if the pig is under his control and he —
a
keeps it or causes or permits it to be kept there in contravention of that paragraph; or
b
may reasonably be expected to know that it is or may be so kept.
4
A person shall not be guilty of an offence by virtue of paragraph (1) by reason of the keeping of a pig in a stall or pen —
a
while it is undergoing any examination, test, treatment or operation carried out for veterinary purposes;
b
for the purposes of service, artificial insemination or collection of semen;
c
while it is fed on any particular occasion;
d
for the purposes of marking, washing or weighing it;
e
while its accommodation is being cleaned;
f
while it is awaiting loading for transportation;
provided that the period during which it is so kept is not longer than necessary for the purpose in view.
5
A person shall not be guilty of an offence by virtue of paragraph (1) by reason of the keeping of a female pig in a stall or pen during the period beginning seven days before the predicted day of her farrowing and ending on the day on which the weaning of her piglets (including any piglets fostered by her) is complete.
6
A pig shall not be regarded as being kept in a stall or pen in which it could not be kept without contravening paragraph (1) by virtue of the fact that it can enter and leave such a stall or pen at will, provided that the stall or pen is entered from a stall or pen in which the pig is kept without contravening that paragraph.
Transitional
4
A person shall not be guilty of an offence under regulation 2 or 3 by virtue of the use on any land before 1st January 1999 of any tether, stall or pen which was in use on that land before 1st October 1991.
Saving
5
The provisions of these Regulations are in addition to, and not in substitution for, the provisions of the Welfare of Livestock Regulations 1990 and nothing contained in these Regulations shall affect, or be affected by, the provisions of those Regulations.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 25th June 1991.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Strathclyde
Parliamentary Under Secretary or State, Scottish Office
24th June 1991
Nicholas Bennett
Parliamentary Under Secretary of State, Welsh Office
26th June 1991


text:
1
This Order may be cited as the A12 Trunk Road (Eastern Avenue, Redbridge) (Prescribed Routes) Order 1991 and shall come into force on 28th September 1991.
2
In this Order —
“Eastern Avenue” means that length of the London to Great Yarmouth Trunk Road (A12) in the London Borough of Redbridge known as Eastern Avenue;
“central reservation” means that part of Eastern Avenue which separates the two carriageways of Eastern Avenue for the safety and guidance of vehicles using that road;
“the eastbound right-turn lane” means that traffic lane of the eastbound carriageway of Eastern Avenue which is bounded on its southern side by the central reservation, has a width of 3.5 metres, and extends from the junction westwards for a distance of 95 metres; and
“the westbound right-turn lane” means that traffic lane of the westbound carriageway of Eastern Avenue which is bounded on its northern side by the central reservation, has a width of 3.5 metres and extends from the junction eastwards for a distance of 92 metres.
3
Every person causing any vehicle to proceed in the eastbound right-turn lane shall cause that vehicle to turn right into Beehive Lane.
4
Every person causing any vehicle to proceed in the westbound right-turn lane shall cause that vehicle to turn right into Beehive Lane.
5
No person shall cause or permit any vehicle proceeding in either carriageway of Eastern Avenue, other than in the eastbound right-turn lane or the westbound right-turn lane, to turn right at the Junction of Eastern Avenue with Beehive Lane.
6
No person shall cause or permit any vehicle proceeding in either carriageway of Eastern Avenue to make a U-turn at the junction of Eastern Avenue with Beehive Lane so as to proceed in the opposite direction to that in which it was proceeding.
7
Nothing in this Order shall apply to anything done with the permission or at the direction of a constable in uniform or of a traffic warden.
Signed by authority of the Secretary of State J. C. Miles
Director (Network Management) London Regional Office of the
Department of Transport
24th September 1991


text:
1
This Order may be cited as the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (Commencement) Order 1991.
2
The Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 shall come into force on 1st January 1992.
Kenneth Baker
One of Her Majesty’s Principal Secretaries of State
Home Office
31st October 1991


text:
Citation, commencement and interpretation
1
–
1
These Regulations may be cited as the Local Government Superannuation (Miscellaneous Provisions) Regulations 1991 and shall come into force on 29th November 1991.
2
In these Regulations “the principal Regulations ” means the Local Government Superannuation Regulations 1986 , and unless the context otherwise requires any expression which is also used in the principal Regulations has the same meaning as in those Regulations.
Superannuation funds
2
Regulation P1 of the principal Regulations is amended–
a
by inserting after paragraph (1A) the following:
1B
The West Midlands Passenger Transport Authority shall establish and maintain a superannuation fund for the purposes of these Regulations.
; and
b
in paragraph (2), by substituting for the words “or (1A)” the words “, (1A) or (1B)”.
Interfund adjustments
3
Where under regulation B3 of the principal Regulations–
a
a body has made an admission agreement “the first admission agreement” with an administering authority “the first administering authority” and that first admission agreement ceases to have effect; and
b
thereupon an admission agreement “the second admission agreement” between that body and a different administering authority “the second administering authority” takes effect,
Part Q of the principal Regulations shall apply as if–
i
a person employed by that body when the first admission agreement ceased to have effect and the second admission agreement took effect were a person who has ceased to be employed in a local government employment and who has subsequently become employed in some other local government employment;
ii
the first administering authority were the previous fund authority and the second administering authority were the new fund authority; and
iii
the deemed change of employment had occurred as a result of an order or regulations made under the Local Government Act in accordance with section 255 of that Act,
and Schedules 16 and 19 shall apply accordingly.
Michael Heseltine
Secretary of State for the Environment
7th November 1991


text:
1
–
1
This Order may be cited as the Virgin Islands (Constitution) (Amendment) Order 1991 and shall be construed as one with the Virgin Islands (Constitution) Order 1976 .
2
This Order shall come into force on such day as the Governor, acting in his discretion, may appoint by proclamation published in the Gazette
2
Section 19 of the Virgin Islands (Constitution) Order 1976 shall be replaced by the following–
Governor’s special responsibilities.
19
–
1
The Governor shall be responsible for the conduct (subject special to the provisions of this Order and of any other law) of any responsibilibusiness of the Government of the Virgin Islands, including the ties. administration of any department of government, with respect to the following matters:–
a
external affairs;
b
defence, including armed forces;
c
internal security, including the Police Force;
d
the terms and conditions of service of persons holding or acting in public offices;
e
the administration of the courts:
Provided that the Governor, after consultation with the Chief Minister, may assign to any member of the Executive Council responsibility for the conduct on behalf of the Governor of any business in the Legislative Council with respect to any of the said matters.
2
The Governor, acting in his discretion, may by directions in writing delegate, with the prior approval of a Secretary of State, to the Chief Minister or any other Minister designated by him after consultation with the Chief Minister such responsibility for matters relating to external affairs or internal security as the Governor may think fit upon such conditions as he may impose.
3
Where the Governor, acting in his discretion, determines that the exercise of any function conferred upon any other person or authority (other than the Legislative Council) would involve or affect any matter mentioned in subsection (1) of this section, he may, acting in his discretion, give directions as to the exercise of that function, and the person or authority concerned shall exercise the function in accordance with those directions.
G. I. de Deney
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Imported Food and Feedingstuffs (Safeguards against Cholera) (Amendment) Regulations 1991 and shall come into force on 29th January 1992.
Amendment of the Imported Food and Feedingstuffs (Safeguards against Cholera) Regulations 1991
2
1
The Imported Food and Feedingstuffs (Safeguards against Cholera) Regulations 1991 shall be amended in accordance with this regulation.
2
In regulation 1(2) —
a
after the definition of “CERPER” there shall be inserted the following —
“the Council Regulation” means Council Regulation ( EEC ) No 3185/91 adopting protective measures for the import of fruit and vegetables from certain countries affected by cholera ;
b
after the definition of “fish” there shall be inserted the following —
“member State” means a member State of the European Economic Community other than the United Kingdom;
;
c
for the definition of “product” there shall be substituted the following —
“product” means anything derived from a fish or mollusc by any process of preparation;
; and
d
the definitions of “pH value”, “relevant fruit” and “relevant vegetable” shall be omitted.
3
In regulation 1(3), sub-paragraph (c) shall be omitted.
4
Regulation 4 shall be omitted.
5
For regulation 5 there shall be substituted the following —
Prohibition on export to other member States of fish products and bivalve molluscs originating in an affected country
5
1
Subject to paragraph (2) no person shall consign for export to a member State any fish product or bivalve mollusc which is from an affected country and is intended for human or animal consumption.
2
The prohibition imposed by paragraph (1) does not apply to a consignment if each lot of which the consignment is comprised has been inspected by an authorised officer of one of the authorities mentioned in regulation 8 and he is satisfied that —
a
the consignment is accompanied by such documents as are required by regulation 2 or 3 to accompany it on its importation; and
b
the lots referred to in those documents are the lots actually comprising the consignment.
.
6
For regulation 6 there shall be substituted the following —
Offences
6
1
Any person who contravenes regulation 2(1) or (2), 3(1) or 5(1) shall be guilty of an offence, triable only summarily, and liable on conviction to imprisonment for a period not exceeding three months, or to a fine not exceeding level 5 on the standard scale, or to both.
2
Any person who imports into Great Britain, or consigns for export from Great Britain to a member State, any fruit or vegetable or fruit or vegetable product to which article 1 of the Council Regulation applies, otherwise than in compliance with such of the provisions of article 2 of that Regulation as apply to it, shall be guilty of an offence, triable only summarily, and liable upon conviction to imprisonment for a period not exceeding three months, or to a fine not exceeding level 5 on the standard scale,or to both.
.
7
In regulation 7 —
a
in paragraph (1) for “the Regulations” there shall be substituted “these Regulations”;
b
in paragraph (2) after “as if” there shall be inserted “these Regulations, so far as made under section 2 of the European Communities Act 1972, were made under the Act and as if”.
8
Schedule 3 shall be omitted.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
John Gummer
Minister of Agriculture, Fisheriesand Food
20th December 1991.
Signed by authority of the Secretary of State for Health
Stephen Dorrell
Parliamentary Under-Secretary of State,
Department of Health
23rd December 1991
David Hunt
Secretary of State for Wales
23rd December 1991
Michael Forsyth
Minister of State, Scottish Office
23rd December 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Frenchay Healthcare National Health Service Trust (Establishment) Order 1991 and shall come into force on 1st November 1991.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of or Schedule 1 to the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 1st November 1991;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Frenchay Healthcare National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called Frenchay Healthcare National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at Frenchay Hospital, Beckspool Road, Bristol, BS16 1ND and associated hospitals including the management of its teaching and research facilities;
b
to manage community health services provided from Frenchay Hospital, Beckspool Road, Bristol, BS16 1ND and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman 5 non-executive directors and 5 executive directors.
2
Since the trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 3(1)(d) of Schedule 2 to the Act one of the nonexecutive directors shall be appointed from The University of Bristol.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1 April 1992.
2
The accounting date of the trust shall be 31 March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Bristol and District 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 Bristol and District 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 Bristol and District Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Virginia Bottomley
Minister of State,
Department of Health
21st October 1991


text:
1
This Order may be cited as the Public Telecommunication System Designation (Tayside Cable Systems Limited) (Dundee) Order 1991 and shall come into force on 2nd April 1991.
2
Each of the Applicable Cabled Systems is hereby designated as a public telecommunication system.
John Redwood
Minister of State,
Department of Trade and Industry
22nd February 1991


text:
1
This Order may be cited as the Armed Forces Act 1991 (Commencement No.1) Order 1991.
2
Subject to article 3 of this Order, the following provisions of the Armed Forces Act 1991 (the Act) shall come into force on 1st January 1992–
sections 2 to 16;
section 24(1), (2), (4) and (5);
section 26(1);
section 26(2) insofar as it relates to the provisions specified in the Schedule to this Order.
3
1
Nothing in article 2 of this Order insofar as it relates to section 6 of the Act shall affect any reception order made on or before 31st December 1991.
2
Paragraph 7 of Schedule 2 of the Act shall not have effect in relation to an offence committed on or before 31st December 1991.
3
Paragraph 8 of Schedule 2 to the Act shall not have effect where an application for leave to appeal is lodged on or before 31st December 1991.
Archie Hamilton
Minister of State, Ministry of Defence
3rd December 1991


text:
1
This Order may be cited as the Public Telecommunication SystemDesignation (Greater Manchester Cablevision Limited) Order 1991 andshall come into force on 28th May 1991.
2
Each of the Applicable Cabled Systems is hereby designated as apublic telecommunications system.
John Redwood
Minister of State,
Department of Trade and Industry
23rd April 1991


text:
1
The Buckinghamshire County Council Campbell Park to Newlands (Canal Bridge) Scheme 1990 is hereby confirmed without modifications.
2
The said Scheme as confirmed (hereinafter referred to as “the Scheme”) is set out in the Schedule hereto and copies of the Scheme with its accompanying plan are deposited at the offices of the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY; and at the offices of the County Council of Buckinghamshire, County Hall, Aylesbury, Bucks, HP20 1UA.
3
The Scheme will become operative on the date on which notice that it has been confirmed is first publsihed in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
4
This Instrument may be cited as the Buckinghamshire County Council Campbell Park to Newlands (Canal Bridge) Scheme 1990 Confirmation Instrument 1991.
Signed by authority of the Secretary of State for Transport
J A Owen
Regional Director, Northern Region,
Department of Transport
11th March 1991


text:
1
This Order may be cited as the Public Telecommunication System Designation (Britannia Cablesystems Darlington Limited) Order 1991 and shall come into force on 11th July 1991.
2
Each of the Applicable Cabled Systems is hereby designated as a public telecommunication system.
John Redwood
Minister of State,
Department of Trade and Industry
10th June 1991


text:
Citation, extent, commencement and interpretation
1
1
These Regulations, which extend to Great Britain, may be cited as the Electrical Equipment for Explosive Atmospheres (Certification) (Amendment) (No. 2) Regulations 1991 and shall come into force on 31st December 1991.
2
In these Regulations, “the principal Regulations ” means the Electrical Equipment for Explosive Atmospheres (Certification) Regulations 1990 .
Amendment to the principal Regulations
2
1
The principal Regulations shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 2(1) in the definition of “the Gassy Mines Directive” there shall be inserted at the end “, and as amended by Commission Directive No. 91/269/ EEC ( OJ No. L134, 29.5.91, p.51)”.
3
After regulation 11 of the principal Regulations there shall be inserted the following new regulation: —
Transitional provisions
12
1
On or after 31st December 1991, a manufacturer of electrical equipment to which the Gassy Mines Directive applies may apply to a certification body (which has been appointed for the purpose set out in regulation 3(1)(a) of the unamended Regulations in respect of the electrical equipment for which the application is made) for issue of a certificate of conformity before 1st January 1993 attesting that the equipment which is the subject of the application conforms to the harmonised standards prescribed in the unamended Regulations; and in that case the provisions of the unamended Regulations, as appropriate, shall apply as if the application had been made under regulation 4 of those Regulations.
2
An application for a certificate of conformity made under regulation 4 or for review under regulation 7 of the unamended Regulations before 31st December 1991 shall continue to be dealt with under the unamended Regulations as if the Electrical Equipment for Explosive Atmospheres (Certification) (Amendment) (No. 2) Regulations 1991 had not been made; and, subject to regulation 6, a certificate of conformity issued before 1st January 1993, whether before, on or after 31st December 1991, in accordance with the unamended Regulations (attesting that the electrical equipment to which the Gassy Mines Directive applies conforms to the harmonising standards prescribed in the unamended Regulations) or by virtue of paragraph (1) shall remain valid until the end of 31st December 2009.
3
In this regulation “the unamended Regulations” means these Regulations as in force immediately before 31st December 1991.
Revocation
3
The Electrical Equipment for Explosive Atmospheres (Certification) (Amendment) Regulations 1991 are hereby revoked.
Signed by order of the Secretary of State.
Eric Forth
Parliamentary Under Secretary of State,
Department of Employment
12th December 1991