type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (General Medical and Pharmaceutical Services) Amendment (No. 3) Regulations 1990 and shall come into force on 1st January 1991.
2
In these Regulations, “the principal Regulations ” means the National Health Service (General Medical and Pharmaceutical Services) Regulations 1974 .
Amendment of regulation 2 of the principal Regulations
2
In regulation 2(1) of the principal Regulations (interpretation) the following definitions shall be inserted at the appropriate places in the alphabetical order: —
“the Amendment Regulations ” means the National Health Service (General Medical and Pharmaceutical Services) Amendment (No. 3) Regulations 1990;
“full-time doctor” shall be construed in accordance with regulation 11A(a);
“half-time doctor” shall be construed in accordance with regulation 11A(c);
“job-sharing doctor” shall be construed in accordance with regulation 11A(d);
“restricted doctor” shall be construed in accordance with regulation 11A(e);
“three-quarter-time doctor” shall be construed in accordance with regulation 11A(b);
.
Amendment of regulation 4 of the principal Regulations
3
In regulation 4 of the principal Regulations (medical list) after paragraph (1) there shall be inserted the following paragraphs: —
1A
The medical list shall be divided into five Parts as follows: —
a
Part I shall contain the names of doctors who are full-time doctors;
b
Part II shall contain the names of doctors who are three-quarter-time doctors;
c
Part III shall contain the names of doctors who are half-time doctors;
d
Part IV shall contain the names of doctors who are job-sharing doctors;
e
Part V shall contain the names of doctors who are restricted doctors.
1B
A Family Health Services Authority shall —
a
as respects the name of any doctor included in its medical list on 1st January 1991; or
b
when including the name of any doctor in its medical list after that date,
assign the name to the Part of the list which is, by virtue of paragraph (1A), appropriate in the case of that doctor, having regard to the nature of any condition imposed in relation to him by the Medical Practices Committee under regulation 11A or treated as so imposed under regulation 12(3) of the Amendment Regulations.
.
Amendment of regulation 6 of the principal Regulations
4
In regulation 6 of the principal Regulations (amendment of, or withdrawal from, the medical list) —
a
in paragraph (2)(b) the words from “or to provide” to “combination of them),” shall be deleted;
b
after paragraph (2A) there shall be inserted the following paragraph: —
2B
A Family Health Services Authority shall, on being notified by the Medical Practices Committee that it has, in relation to any doctor whose name is included in the medical list, varied under regulation 11B any condition mentioned in paragraph (1)(a)(ii) or (c) of that regulation, amend the medical list by transferring the name of that doctor to the Part of the list which, having regard to the nature of the condition as varied, is appropriate in his case by virtue of regulation 4(1A).
.
Amendment of regulation 7 of the principal Regulations
5
In regulation 7 of the principal Regulations (application for inclusion in the medical list or to succeed to a vacancy) —
a
in paragraph (2) for the words from “shall be made” to the end of the paragraph there shall be substituted the words
shall —
a
be made by sending the application to the Family Health Services Authority by no later than the date specified in the notice given under regulation 10 in respect of the vacancy to which the application relates, or within such further period as that Authority may for reasonable cause allow; and
b
include the information and undertakings specified in Part III of Schedule 1 to these Regulations.
;
b
in paragraph (3) for the words “this regulation” there shall be substituted the words “paragraph (1)”.
Substitution of regulations in the principal Regulations
6
For regulations 10 and 11 of the principal Regulations (advertisement of vacancies, and procedure for the determination of applications) there shall be substituted the following regulations: —
Advertisement of vacancies
10
1
Where it has been resolved that a vacancy has arisen or is about to arise in any locality, the Family Health Services Authority for that locality shall, within such period (not being less than 14 days) as the Medical Practices Committee shall direct, beginning on the date of the direction, give notice of the vacancy in accordance with paragraph (2).
2
A notice of a vacancy —
a
shall include —
i
details of the nature and location of the vacancy;
ii
where the vacancy is one in connection with which the Medical Practices Committee has indicated to the Authority the nature of any condition which it is likely to impose under section 33(4) of the National Health Service Act 1977 in relation to a successful applicant, details of that condition, and
iii
the date by which any application to fill the vacancy must be sent or delivered to that Authority; and
b
may include such other information about the vacancy or the locality as that Authority considers appropriate,
and shall be published in such manner as appears to that Authority to be likely to bring the vacancy to the attention of doctors within and outside its locality.
3
In this regulation and regulation 10A, “vacancy” means a requirement for —
a
an additional doctor to provide general medical services otherwise than in succession to another doctor, as mentioned in regulation 7(2);
b
a doctor to succeed to a practice which has been rendered vacant, as mentioned in regulation 7(4).
Selection of applicants by Family Health Services Authority
10A
1
An application under regulation 7(2) in respect of a vacancy shall be an application to which the provisions of section 33(2A) of the National Health Service Act 1977 shall apply, and shall be dealt with by the Family Health Services Authority in accordance with the following provisions of this regulation.
2
Where a Family Health Services Authority receives more than one such application in connection with any vacancy, it shall select the applicant whose application it wishes to be considered by the Medical Practices Committee.
3
Before making its selection for the purposes of paragraph (2) the Family Health Services Authority may give to any applicant for the vacancy an opportunity of making —
a
representations to it in writing;
b
where that Authority sees fit, representations to it in person.
4
When the Family Health Services Authority has selected an applicant, it shall —
a
notify each applicant in writing whether or not he has been selected;
b
inform any applicant who has not been selected of his right of appeal to the Secretary of State on a point of law under section 33(2A)(c) of the National Health Service Act 1977; and
c
subject to paragraph (5), send the application of the selected applicant to the Medical Practices Committee, indicating in writing that it wishes that application to be considered by that Committee.
5
An application shall not be sent to the Medical Practices Committee under paragraph (4)(c) until —
a
the time has expired for bringing an appeal under section 33(2A)(c) of the National Health Service Act 1977 in connection with the non-selection of any applicant for the vacancy to which the application relates; or
b
where such an appeal is made —
i
the appeal has been determined adversely to the appellant, or
ii
where the appeal is successful, the Family Health Services Authority has reconsidered the application in respect of which the appeal is made,
whichever is the latest.
6
Where a Family Health Services Authority receives only one application in connection with any vacancy it shall —
a
send the application to the Medical Practices Committee indicating in writing that it is the only application for that vacancy; and
b
notify the applicant in writing that it has done so.
Determination of applications by Medical Practices Committee
11
1
The Medical Practices Committee shall determine applications under section 30 of the National Health Service Act 1977 in accordance with the following paragraphs of this regulation.
2
Subject to paragraph (3), in relation to any such application, the Medical Practices Committee shall —
a
where the application is made under regulation 7(1), consider the report made by the Family Health Services Authority with respect to the application;
b
before granting the application, ascertain whether or not the applicant is suitably experienced as mentioned in section 31 of the National Health Service Act 1977; and
c
where it grants the application, consider —
i
which of the conditions mentioned in regulation 11A is appropriate in the case of the applicant, and
ii
whether it should impose in relation to the applicant any condition mentioned in section 33(4)(b).
3
The Medical Practices Committee shall not consider any application made under regulation 7(2) unless the Family Health Services Authority has indicated that —
a
the application is the only one for the vacancy in question; or
b
it has selected the application for consideration by that Committee.
4
Subject to paragraph (5), any determination of the Medical Practices Committee shall be the decision of the majority of those members who are present and voting at a meeting of the Committee.
5
At any such meeting, four members of the Committee shall form a quorum, and in the case of an equality of votes the chairman shall have a second or casting vote.
6
The Medical Practices Committee shall give notice in writing to the applicant, the Family Health Services Authority and the Secretary of State of its determination of any application which it has considered, and shall inform each such applicant of his right of appeal to the Secretary of State on a point of law.
Conditions under which general medical services are to be provided
11A
For the purposes of section 33(4)(a) of the National Health Service Act 1977, the condition by reference to which the Medical Practices Committee shall specify the provision of general medical services for which the applicant will be entitled to be remunerated is that he shall provide such services as —
a
a full-time doctor, that is to say a doctor who is to provide general medical services during not less than 26 hours in any week in which he is, pursuant to paragraph 25 of his terms of service, normally available to provide such services; or
b
a three-quarter-time doctor, that is to say a doctor who is to provide such services during less than 26 hours, but not less than 19 hours, in any such week; or
c
a half-time doctor, that is to say a doctor who is to provide such services during less than 19 hours, but not less than 13 hours, in any such week; or
d
a job-sharing doctor, that is to say a doctor —
i
who is to practise in partnership with another doctor whose name is included in the medical list,
ii
who is himself to provide such services during less than 26 hours in any such week, and
iii
for whom the hours during which he is to provide such services are, when aggregated with the hours of that other doctor, to amount to not less than 26 hours in any such week; or
e
a restricted doctor, that is to say a doctor —
i
who is a restricted list principal or a restricted services principal, and
ii
who is to provide general medical services during such number of hours in any week as he shall have specified in his application pursuant to regulation 7.
Variation of conditions
11B
1
A doctor whose name is included in a medical list may apply, in accordance with paragraph (2), for the variation of any condition —
a
imposed in relation to him by the Medical Practices Committee —
i
excluding the provision by that doctor of general medical services in a specified part or specified parts of the locality of the Family Health Services Authority,
ii
on or after 1st January 1991, by reference to regulation 11A in relation to the extent to which that doctor may carry out remunerated work;
b
specified in relation to him by the Secretary of State on the determination of any appeal from a decision of the Medical Practices Committee;
c
treated, by virtue of regulation 12(3) of the Amendment Regulations, as having been imposed in relation to him by that Committee on 1st January 1991.
2
An application for the purposes of paragraph (1) shall be made in writing to the Family Health Services Authority and shall include the information specified in Part IIIA of Schedule 1 to these Regulations.
3
On receipt of an application under this regulation, the Family Health Services Authority shall forward the application to the Medical Practices Committee, together with its observations in writing on the application.
4
The Family Health Services Authority shall send to the doctor a copy of the observations it has made on his application, and the doctor may, within 14 days of receiving the copy of the observations, send to the Medical Practices Committee his representations in writing in response to the observations.
5
The provisions of regulation 11(4) and (5) as respects the constitution and quorum of the Medical Practices Committee shall apply in the case of the determination by that Committee of an application under this regulation as they apply to the determination of an application under that regulation.
6
The Medical Practices Committee shall not consider an application under this regulation until it has received representations from the doctor under paragraph (4) or until the time allowed under that paragraph for the making of representations has expired, whichever is the earlier.
7
On consideration of an application under this regulation the Medical Practices Committee —
a
shall take account of the observations made by the Family Health Services Authority and of any representations made by the doctor in response;
b
in determining the application, may refuse to vary the condition in question, or may —
i
in the case of a condition mentioned in paragraph (1)(a)(i) or (b), vary the condition by specifying therein such other part or parts of the relevant locality (in which the doctor is to be excluded from providing general medical services) as that Committee considers appropriate,
ii
in the case of a condition mentioned in paragraph (1)(a)(ii) or (c), vary the condition by imposing in relation to the doctor such other condition mentioned in regulation 11A(a) to (e) as has been requested in the application; and
c
shall give notice of its decision in writing to the doctor and to the Family Health Services Authority.
8
Where the Medical Practices Committee refuses under paragraph (7)(b) to vary a condition, or varies a condition in the manner mentioned in head (i) of that sub-paragraph it shall, when it gives notice to the doctor of its decision —
a
include with the notice a statement of the reasons for its decision; and
b
advise the doctor in writing of his right of appeal under paragraph (9).
9
A doctor may appeal to the Secretary of State on a point of law against the refusal of the Medical Practices Committee to vary a condition under this regulation, and —
a
paragraphs (2) to (8) of regulation 12 shall apply to the making and determination of any such appeal; and
b
where the Secretary of State allows such an appeal, he shall remit the application to that Committee for reconsideration, and regulation 12(9) shall apply in that event.
.
Amendment of regulation 12 of the principal Regulations
7
In regulation 12 of the principal Regulations (appeal to the Secretary of State) —
a
for paragraphs (1) and (2) there shall be substituted the following paragraphs: —
1
Any appeal to the Secretary of State on a point of law —
a
pursuant to section 33(2A)(c) of the National Health Service Act 1977 by a doctor who has not been selected by a Family Health Services Authority as mentioned in paragraph (c) of that subsection; or
b
pursuant to section 33(5) of that Act by a doctor whose application under section 30 of that Act has been refused by the Medical Practices Committee or has been granted by that Committee subject to conditions; or
c
pursuant to regulation 11B(9) (variation of conditions in connection with inclusion in a medical list),
shall be made and determined in accordance with the following paragraphs of this regulation.
2
A doctor may appeal by sending to the Secretary of State a notice of appeal within 14 days, or within such longer period as the Secretary of State may for reasonable cause allow, of the date on which notice of the decision of the Family Health Services Authority or, as the case may be, the Medical Practices Committee is sent to him.
2A
A notice of appeal shall contain a concise statement of the point or points of law in respect of which the doctor contends that the decision of the Family Health Services Authority or, as the case may be, the Medical Practices Committee is erroneous.
;
b
in paragraph (3) for the words from “the Medical Practices Committee” to the end of the paragraph there shall be substituted the words “and the Family Health Services Authority or, as the case may be, the Medical Practices Committee”;
c
in paragraph (4) for the words from “appoint” to the end of the paragraph there shall be substituted the words
appoint —
a
a person who is a barrister or a solicitor; and
b
where the Secretary of State sees fit, one or more other persons, to hear the appeal.
;
d
in paragraph (5) for the words from “Medical Practices Committee” to “granted” there shall be substituted the words
Family Health Services Authority or, as the case may be, the Medical Practices Committee and —
a
in the case of an appeal mentioned in paragraph (1)(a), to the doctor whose application for appointment to the vacancy to which the appellant’s application relates was selected for consideration by the Medical Practices Committee;
b
in the case of an appeal mentioned in paragraph (1)(b), to the doctor whose application for appointment to the vacancy to which the appellant’s application relates was granted,
;
e
in paragraph (6) for the words “Medical Practices Committee and the Committee” there shall be substituted the words “Family Health Services Authority or, as the case may be, the Medical Practices Committee”;
f
in paragraph (8) after the words “communicate it” there shall be inserted the words “, together with his reasons for it, in writing”;
g
after paragraph (8) there shall be added the following paragraph: —
9
Where, on allowing an appeal, the Secretary of State remits an application to the Family Health Services Authority or, as the case may be, the Medical Practices Committee for reconsideration —
a
he shall give to that Authority or, as the case may be, that Committee such directions as appear to him to be desirable with a view to ensuring the proper determination of the application in accordance with the relevant law; and
b
that Authority or, as the case may be, that Committee shall redetermine the application and in so doing shall comply with any directions given by the Secretary of State under sub-paragraph (a) of this paragraph with respect to the determination of that application.
.
Amendment of regulation 17 of the principal Regulations
8
In regulation 17 of the principal Regulations (limitation of number of persons on doctors' lists) —
a
in paragraph (1A)(b) —
i
in head (i) for the words from “doctor” to “week” there shall be substituted the words “full-time doctor”,
ii
in head (ii) for the words from “doctor” to “week” there shall be substituted the words “three-quarter-time doctor”,
iii
in head (iii) for the words from “doctor” to “week” there shall be substituted the words “half-time doctor”, and at the end of that head there shall be added the word “or”;
iv
after head (iii) there shall be added the following head: —
iv
in the case of a job-sharing doctor who practises in partnership with another job-sharing doctor and at least one further doctor, he is entitled to a share of the profits which, when added to the share of the other job-sharing doctor with whose hours his hours are being aggregated for the purposes of regulation 11A(d), is not less than one third of the share of the member of the partnership with the greatest share.
;
b
paragraph (8) shall be omitted.
Amendment of Schedule 1 to the principal Regulations
9
1
In Part I of Schedule 1 to the principal Regulations (terms of service for doctors) —
a
in paragraph 25 —
i
for sub-paragraphs (2), (3) and (4) there shall be substituted the following sub-paragraphs: —
2
Subject to sub-paragraphs (2A), (2B), (3) and (4), a Family Health Services Authority shall not approve any application submitted by a doctor in relation to the times at which he is to be available unless it is satisfied that —
a
the times proposed are such that the doctor will normally be available —
i
in 42 weeks in any period of 12 months,
ii
for no less than the number of hours in any such week which are specified in the condition imposed in relation to him under regulation 11A, and
iii
on 5 days in any such week; and
b
the hours for which the doctor will normally be available in any week are to be allocated between the days on which he will normally be available in that week in such a manner as is likely to be convenient to his patients;
c
where the doctor is a three-quarter-time doctor or a half-time doctor, he is practising in partnership with —
i
another doctor whose name is included in the medical list and who is himself a full-time doctor, or
ii
two job-sharing doctors whose names are included in the medical list and whose hours are aggregated for the purpose of head (d) of this sub-paragraph;
d
where the doctor is a job-sharing doctor —
i
he is practising in partnership with another doctor whose name is included in the medical list, and
ii
the hours for which both doctors will normally be available will in aggregate be not less than 26 hours in any week referred to in head (a)(i) of this sub-paragraph.
2A
On any application made pursuant to sub-paragraph (1) by a three-quarter-time doctor or a half-time doctor —
a
head (a)(iii) of sub-paragraph (2) shall not apply; and
b
any approval of the application shall be subject to the condition that the approval shall lapse after the expiry of a period of 6 months from the date on which that doctor ceases to satisfy head (c) of sub-paragraph (2).
2B
On any application made pursuant to sub-paragraph (1) by a job-sharing doctor —
a
head (a)(iii) of sub-paragraph (2) shall apply so as to require either the job-sharing doctor or the other doctor referred to in sub-paragraph (2)(d) to be normally available on each of the days mentioned in that head;
b
any approval of the application shall be subject to the condition that the approval shall lapse after the expiry of a period of 6 months from the date on which the doctor ceases to satisfy sub-paragraph (2)(d).
3
On any application made pursuant to sub-paragraph (1) by a doctor who is a restricted list principal or a restricted services principal, sub-paragraph (2)(a)(i) and (iii), (c) and (d) shall not apply.
4
The Family Health Services Authority may, in relation to the application of any full-time doctor who seeks normally to be available on only 4 days in any week referred to in sub-paragraph (2)(a)(i), excuse the doctor from the requirement of head (a)(iii) of that sub-paragraph and approve the application to the extent allowed by paragraph 25A.
,
ii
in sub-paragraph (5) for the words “paragraphs 25A to 25D” there shall be substituted the words “paragraph 25A”,
iii
in sub-paragraph (7)(b), sub-heads (iii), (iv) and (v) shall be omitted;
b
paragraphs 25B, 25C and 25D shall be omitted.
c
for paragraph 37 there shall be substituted the following paragraph: —
37
1
Where a doctor —
a
is responsible under these terms of service for the treatment of 10 or more persons in a school or other institution in which at least 20 persons normally reside; and
b
orders, for any two or more of those persons for whose treatment he is responsible, drugs or dressings to which this paragraph applies,
he may use a single prescription form for the purpose.
2
Where a doctor uses a single prescription form for the purpose mentioned in sub-paragraph (1), he shall (instead of entering on the form the names of the persons for whom the drugs or dressings are ordered) enter on the form —
a
the name of the institution in which those persons reside; and
b
the number of persons residing there for whose treatment he is responsible.
3
This paragraph applies to any drug or dressing which can be supplied as part of pharmaceutical services and which —
a
in the case of a drug, is not a product of a description or class which is for the time being specified in an order made under section 58(1) of the Medicines Act 1968 ; or
b
in the case of a dressing, does not contain such a product.
.
2
In Part II of Schedule 1 to the principal Regulations (information and undertakings to be included in an application for inclusion in the medical list), after item 12 there shall be inserted the following items: —
12A
Whether the applicant intends to practise as —
a
a full-time doctor;
b
a three-quarter-time doctor;
c
a half-time doctor;
d
a job-sharing doctor; or
e
a restricted doctor.
12B
Where the applicant intends to practise as a job-sharing doctor, the name of the other job-sharing doctor with whose hours the applicant’s hours are to be aggregated for the purposes of regulation 11A(d).
.
3
In Part III of Schedule 1 to the principal Regulations (information and undertakings to be included in an application to fill a vacancy), after item 7 there shall be inserted the following items: —
7A
Whether the applicant intends to practise as —
a
a full-time doctor;
b
a three-quarter-time doctor;
c
a half-time doctor;
d
a job-sharing doctor; or
e
a restricted doctor.
7B
Where the applicant intends to practise as a job-sharing doctor, the name of the other job-sharing doctor with whose hours the applicant’s hours are to be aggregated for the purpose of regulation 11A(d).
.
4
After Part III of Schedule 1 to the principal Regulations there shall be inserted the new Part IIIA set out in the Schedule to these Regulations.
Amendment of Schedule 1C to the principal Regulations
10
In Schedule 1C to the principal Regulations (information to be included with applications for approval of doctors' availability to patients) Parts IV, V and VI shall be omitted.
Amendment of Schedule 3A to the principal Regulations
11
In Schedule 3A to the principal Regulations (drugs and other substances not to be prescribed for supply under pharmaceutical services) —
a
the following entries shall be omitted: —
Aspirin Tablets, Effervescent 300 mg
Aspirin Tablets, Effervescent Soluble
Trifyba
;
b
the following entries shall be inserted at the appropriate points in the alphabetical order: —
Amplex Mouthwash
Amplex Original Mint Capsules
Aspirin Tablets, Effervescent Soluble 300 mg
Aspirin Tablets, Effervescent Soluble 500 mg
Best Royal Jelly Capsules
Bisodol Extra Tablets
Boots Hard Lens Soaking Solution
Canderel Intense Sweetener Spoonful
Clerz Lubricating and Rewetting Eye Drops
Codalax
Codalax Forte
Copholcoids
Country Basket Rice Cakes
Cranberry Juice
Deltasoralen Bath Lotion
Disprin Extra Tablets
Elgydium Toothpaste
Formulix
Goat’s Milk Spray Dried Powder
Healthilife Sunflower Seed Oil Capsules 500 mg
Importal
Lavender Bath
Lemsip Expectorant
Lemsip Linctus
Miraflow Cleaning Solution
Nilbite
Oxysept 1 Disinfecting Solution
Oxysept 2 Rinsing, Neutralising and Storing Solution
Panadol Extra Tablets
Pantene Hair Tonic
Pholcomed D Linctus
Pholcomed Pastilles
Plax Anti-Plaque Pre-Brushing Rinse
Poli-grip Denture Fixative Cream
Prymecare Tablets for Soft and Gas Permeable Lenses
Prymeclean Cleaning Solution for Soft Lenses
Prymesoak Soaking Solution for Soft Lenses
Rite-Diet Macaroni in Mushroom Sauce, Low Protein/Gluten Free
Rite-Diet Spaghetti with Tomato Sauce, Low Protein/Gluten Free
Rosemary Bath
Selsun Soft Conditioner
Sensodyne Toothpaste
Sionon Sweetener
Spectraban 4 Lotion
Temazepam Gelthix Capsules
Temazepam Planpak
Unichem Chesty Cough Linctus
Unichem Children’s Dry Cough Linctus
Unichem Dry Cough Linctus
Vagisil Feminine Powder
Zendium Toothpaste
.
Transitional provisions
12
1
Where an application has been made —
a
under regulation 7(1) of the principal Regulations prior to 1st January 1991 but not determined before that date; or
b
under regulation 7(2) of the principal Regulations in relation to a vacancy as respects which notice was first given under regulation 10 of those Regulations before 1st January 1991,
regulations 7 and 11 of the principal Regulations shall have effect in relation to the treatment and determination of that application as if regulations 5 and 6 of these Regulations had not come into force.
2
Where an application has been made —
a
before 1st January 1991 under regulation 7(1) of the principal Regulations; or
b
(whether or not before 1st January 1991) under regulation 7(2) of the principal Regulations in relation to a vacancy as respects which notice was first given under regulation 10 of those Regulations before that date,
and has been determined by the Medical Practices Committee, regulation 12 of the principal Regulations shall apply in relation to any appeal made against that determination (whether or not such appeal is made before 1st January 1991) as if these Regulations had not come into force.
3
Subject to paragraphs (4) and (6), where on 1st January 1991 a doctor’s name is included in a medical list, that doctor shall thereafter be treated as if the Medical Practices Committee had on that date imposed in relation to him —
a
where the doctor is available for not less than 26 hours in any week, the condition mentioned in paragraph (a) of regulation 11A of the principal Regulations;
b
where the doctor is available for less than 26 hours but not less than 19 hours in any week, the condition mentioned in paragraph (b) of that regulation;
c
where the doctor is available for less than 19 hours but not less than 13 hours in any week, the condition mentioned in paragraph (c) of that regulation;
d
where the doctor is available jointly with another doctor for not less than 26 hours in any week, the condition mentioned in paragraph (d) of that regulation;
e
where the doctor is a restricted list principal or a restricted services principal, the condition mentioned in paragraph (e) of that regulation, but as if for the reference in that paragraph to the hours specified by the doctor in his application there were substituted a reference to the hours during which the doctor was, in any week, normally available to his patients immediately before 1st January 1991;
f
where the doctor was, on 31st December 1990, available in accordance with the former paragraph 25D, the condition mentioned in paragraph (a) of that regulation.
4
A doctor to whom sub-paragraph (f) of paragraph (3) applies shall, on any day falling before 1st April 1991 —
a
be relieved of the obligation to comply fully with the condition mentioned in regulation 11A(a) of the principal Regulations, notwithstanding that he falls to be treated, by virtue of paragraph (3), as a full-time doctor; and
b
instead provide general medical services in any week for no less than the number of hours which had been approved in his case by the Family Health Services Authority in accordance with the former paragraph 25D.
5
Where, prior to 1st January 1991, an application has been made to a Family Health Services Authority for approval pursuant to sub-paragraph (1) of the former paragraph 25, or for a review pursuant to sub-paragraph (15) of the former paragraph 25, and —
a
that application has not been determined by that Authority before that date; or
b
an appeal is brought against the determination (whether before, on or after 1st January 1991) of such an application,
the application or, as the case may be, any appeal against the determination of such an application shall be determined after 1st January 1991 by that Authority or, as the case may be, the Secretary of State under the principal Regulation as if these Regulations had not come into force.
6
Where the application or appeal of any doctor has been determined in accordance with paragraph (5) above, paragraph (3) of this regulation shall apply in relation to that doctor as if —
a
for the reference in that paragraph to “that date”; and
b
for the words “immediately prior to 1st January 1991” in paragraph (7)(a),
there were substituted a reference to the date of the determination under paragraph (5) of the application or, as the case may be, the appeal.
7
In this regulation —
a
“available” means, in relation to a doctor, available to provide general medical services to his patients at such times as have been approved in his case by the Family Health Services Authority or, on appeal, the Secretary of State pursuant to the former paragraph 25 prior to 1st January 1991;
b
“the former paragraph 25” and “the former paragraph 25D” mean, respectively, the paragraph bearing that number in Part I of Schedule 1 to the principal Regulations as in force prior to their amendment by these Regulations;
c
“vacancy” has the same meaning as in regulations 10 and 10A of the principal Regulations.
Signed by authority of the Secretary of State for Health.
Virginia Bottomley
Minister of State,
Department of Health
10th December 1990


text:
Citation and commencement
1
This Order may be cited as the European Communities (Designation) (No. 3) Order 1990 and shall come into force on 7th November 1990.
Designation of Minister
2
1
For the purposes of section 2(2) of the European Communities Act 1972 the Minister specified in column 1 of the Schedule to this Order is hereby designated in relation to the matters specified in column 2 of that Schedule.
2
Where a Minister is designated in relation to any item in column 2 of the said Schedule, then, for the purposes of the said section 2(2), that Minister is also hereby designated in relation to anything supplemental or incidental to the matters specified in that item.
G. I. de Deney
Clerk of the Privy Council


text:
Citation and interpretation
1
1
This Order may be cited as the Social Security Act 1990 (Commencement No. 2) Order 1990.
2
In this Order, unless the context otherwise requires, references to sections and Schedules are references to sections of, and Schedules to, the Social Security Act 1990.
Appointed days
2
The day appointed for the coming into force of —
a
the provisions of the Social Security Act 1990 specified in the Schedule to this Order, is 1st October 1990;
b
Schedule 7 (repeals) in its application to section 79 of the Social Security Act 1986 (Crown employment) and section 21(2) in relation to this aspect of Schedule 7, is 21st October 1990;
c
Schedule 4, paragraph 1 (occupational pensions: independent trustee where employer insolvent etc), for the purpose only of authorising the making of regulations, and section 14(1) (miscellaneous amendments relating to pensions) in so far as it relates to it, is 22nd October 1990;
d
Schedule 4, paragraph 1, for all other purposes and section 14(1) in so far as it relates to it, is 12th November 1990;
e
section 2 (severe disablement allowance; age related addition) in so far as it is not already in force, Schedule 4, paragraph 3 (occupational pensions: investment of scheme’s resources), and section 14(1) in so far as it relates to that paragraph, is 3rd December 1990;
f
Schedule 4, paragraph 4, (revaluation of preserved pensions) and section 14(1) in so far as it relates to it, is 1st January 1991;
g
Schedule 4, paragraph 5 (preservation of rights for persons opting out of schemes), section 14(1) in so far as it relates to it and Schedule 7 in its application to paragraphs 1, 2, 11 and 12 of Schedule 1A to the Social Security Pensions Act 1975 (revaluation of pensions and transfer values), is 28th February 1991.
Signed by authority of the Secretary of State for Social Security
Nicholas Scott
Minister of State,
Department of Social Security
25th September 1990


text:
1
This Order may be cited as the Public Telecommunication System Designation (Cable Communications (Wigan) Limited) Order 1990 and shall come into force on 7th January 1991.
2
Each of the Applicable Cabled Systems is hereby designated as a public telecommunication system.
John Redwood
Minister of State,
Department of Trade and Industry
3rd December 1990


text:
1
These Regulations may be cited as the Heavy Goods Vehicles (Drivers' Licences) (Amendment) Regulations 1990 and shall come into force on 18th June 1990.
2
The Heavy Goods Vehicles (Drivers' Licences) Regulations 1977 shall be amended in accordance with the following provisions of these Regulations.
3
For Regulation 23 (Fees for tests) there shall be substituted the following Regulation:
Fees for tests
23
The fee payable by a person who applies for a test to be conducted by an examiner appointed under Regulation 18(1)(a) is
a
£42 if the application is made before 18th June 1990; and
b
£45 if the application is made on or after that date.
Signed by authority of the Secretary of State for Transport
Robert Atkins
Parliamentary Under Secretary of State,
Department of Transport
21st May 1990


text:
Citation, commencement and revocations
1
1
These Rules may be cited as the Justices of the Peace (Size and Chairmanship of Bench) Rules 1990 and shall come into force on 10th September 1990.
2
The Rules mentioned in the Schedule to these Rules are hereby revoked.
Interpretation
2
In these Rules–
“a justice” means a justice of the peace whose name has not been entered in the supplemental list and, in relation to a petty sessions area, a justice who ordinarily acts in and for that area;
“a justices' clerk” includes any person acting as such.
Size of bench
3
The number of justices sitting to deal with a case as a magistates' court, other than such a court sitting as a juvenile court or hearing domestic proceedings within the meaning of section 65 of the Magistrates' Courts Act 1980 , shall not be greater than seven.
Election of chairman and deputy chairman
4
1
Subject to paragraph (3) below, the justices for each petty sessions area shall, in accordance with the following provisions of these Rules, elect from among their number a chairman and one or more deputy chairmen, and the justices for the City of London shall so elect from among their number one or more deputy chairmen, at a meeting (hereinafter referred to as an “election meeting”) to be held in the month of October every year of which at least seven days' notice shall be given to each justice for the petty sessions area.
2
Notice of a meeting under paragraph (1) above shall include notice, subject to rule 6(5) of these Rules, of the result of any ballot held under rule 6 and notice of the result of any ballot held under rule 9(3) of these Rules.
3
Subject to paragraph (4) below, a justice shall not vote at any election for the chairman or a deputy chairman at any election meeting held within 12 months of his assignment to the petty sessions area in respect of which the election meeting is held.
4
Where a new petty sessions area is constituted by an order under section 23 of the Justices of the Peace Act 1979 or otherwise, a justice for that petty sessions area may vote at any election at the first election meeting for that area if he could, in accordance with the provisions of paragraph (3) of this rule, at that time have voted at any election held at an election meeting in respect of any petty sessions area which, or part of which, is included in the new petty sessions area.
5
Subject to a decision by the justices under rule 5 of these Rules to adopt the procedure under rule 6 of these Rules, no justice shall be nominated for election before the election takes place.
6
The justices present shall not proceed to elect a deputy chairman before–
a
the result of the ballot for the election of the chairman has been announced, and
b
they have decided how many deputy chairmen are to be elected.
Adoption of procedure for shortlisting candidates for chairman
5
1
At each election meeting the justices for the petty sessions area shall decide whether, in relation to the three subsequent election meetings to be held, to adopt the procedure in rule 6 of these Rules unless, by virtue of their decision taken at an earlier election meeting, that procedure is to apply in relation to the next election meeting.
2
Where the justices decide to adopt the procedure in rule 6 of these Rules in relation to the three subsequent election meetings to be held, that procedure shall also apply in relation to any election for a chairman held between those election meetings by virtue of rule 10 of these Rules save that the justices' clerk shall be under no obligation to post ballot papers to each justice eligible to vote within the time limit specified in rule 6(1) of these Rules.
3
The decision whether to adopt the procedure in rule 6 of these Rules shall be taken by secret ballot of the justices present and eligible to vote at the election meeting and the decision shall be taken to be to adopt the procedure as aforesaid only if at least two-thirds of those justices vote in favour of adopting the procedure.
Procedure for drawing up short list of candidates for chairman
6
1
Where, pursuant to rule 5(1) of these Rules, the justices decide to adopt, in relation to the three subsequent election meetings to be held, the procedure in this rule, the justices' clerk shall, subject to rule 5(2) and rule 9(4) of these Rules, not more than 3 months nor less than 21 days before each of those election meetings, send by post to each justice eligible to vote at the election for the chairman and deputy chairman a ballot paper containing the names, in alphabetical order, of all the justices acting for the petty sessions area who are eligible for election as chairman and shall indicate the date by which the completed ballot paper should be returned to him.
2
Each justice to whom a ballot paper is sent under paragraph (1) above who votes shall place a mark against the name of one of the justices being the justice he wishes to be included on a short list of candidates for the office of chairman and shall return the ballot paper to the justices' clerk by the date indicated by the justices' clerk under paragraph (1) above.
3
Subject to paragraph (4) below, the short list of candidates for the office of chairman shall comprise the names of the four justices who receive the most number of votes and, if he is not among such number, the name of any justice who received at least 10% of all the votes cast, or, where there is an equality of number of votes cast, the names of such larger number of justices who received the most number of votes cast and, if he is not among such number, the name of any justice who received at least 10% of all the votes cast.
4
Where the votes received are for fewer than four justices, the names of such lesser number of justices shall comprise the short list of candidates for the office of chairman unless the votes received are for one justice only in which case his name shall not be disclosed and no short list of candidates shall be drawn up.
5
Notice of the result of a ballot held under this rule and given in accordance with rule 4(2) of these Rules shall contain the names of the justices comprised in the short list and no other or the fact that votes were cast for only one justice, as appropriate, but shall not disclose the number of votes cast for any justice.
6
Where the votes received under a ballot held under this rule were for one justice only, the notice of the result of the ballot shall also state that the ballot for the election of the chairman will be conducted under rule 7(3) of these Rules.
Conduct of ballot for election of chairman and one or more deputy chairmen
7
1
Where there is no short list of candidates for the office of chairman, paragraph (3) below shall apply in relation to the election of the chairman and of one or more deputy chairmen.
2
Where there is a short list of candidates for the office of chairman, paragraph (4) below shall apply in relation to the election of the chairman and the provisions in paragraph (3) below which relate to the election of one or more deputy chairmen shall apply to the election of one or more deputy chairmen.
3
Subject to rule 4(6) of these Rules and to any directions given by the chairman for the time being as to which is to be followed, one or other of the following procedures for the conduct of the ballot for the election of the chairman and one or more deputy chairmen shall be adopted–
a
the justices' clerk shall prepare ballot papers containing the names in alphabetical order of all the justices in the petty sessions area and shall hand to each justice present at the election meeting one list for the election of the chairman and one list for the election of the deputy chairman or deputy chairmen, and each justice shall place a mark on one list against the name of the justice he wishes to be chairman and on the other list against the name of the justice or justices he wishes to be deputy chairman or deputy chairmen (as the case may be): or
b
the justices' clerk shall–
i
prepare a list containing the names in alphabetical order of all the justices in the petty sessions area, a copy of which shall be sent by him to each such justice along with the notice of the election meeting and a copy of which shall be displayed at the election meeting,
ii
prepare two sets of ballot papers containing respectively the words “Chairman”, and “Deputy Chairman” or “Deputy Chairmen” (as the circumstances require),
iii
hand to each justice present at the election meeting one of each set of ballot papers on which each justice who votes shall write the name of the justice he wishes to be chairman and the name or names of the justice or justices he wishes to be deputy chairman or deputy chairmen (as the case may be), opposite the appropriate words.
4
Where there is a short list of candidates for chairman under rule 6 of these Rules, the justices' clerk shall prepare ballot papers containing the names in alphabetical order of the justices who comprise the short list of candidates and hand a ballot paper to each justice present who votes at the election meeting, and each justice shall place a mark against the name of the justice he wishes to be chairman.
5
Immediately after each ballot has been closed the justices' clerk, assisted if need be by members of his staff, shall collect the ballot papers and count the votes; if, in accordance with paragraph (6) or (7) below the ballot has been conclusive, the justices' clerk shall announce the result thereof but if, in accordance with the said paragraph (6), either of the first two ballots has been inconclusive, the justices' clerk shall announce that fact and state the names of the justices for whom votes have been cast and the number of votes which each such justice has received.
6
Subject to the provisions of this rule, no justice shall be declared to be elected chairman unless he obtains more than half of the votes cast and, if no justice obtains such a majority at a ballot, subsequent ballots shall be held until such a majority is obtained:
Provided that if, after three ballots have been held, no justice has obtained such a majority, the justice who has obtained most votes in the aggregate in the three ballots shall be declared to be elected.
7
Subject to the provisions of this Rule, the result of a ballot for the election of the deputy chairman or deputy chairmen shall be ascertained by counting the votes given to each justice and the justice or justices, as the case may be, who have obtained the most votes shall be declared to be elected:
Provided that if any justices obtain an equal number of votes and the addition of a vote to those cast for any one or more of those justices would entitle him or them to be elected, the clerk shall announce the fact and state the names of the justices concerned and the number of votes which they received; and thereupon a second ballot shall be held.
8
Where a second ballot is necessary by reason of the proviso to paragraph (7) above, the justices' clerk shall either–
a
prepare ballot papers containing the names in alphabetical order of all the justices in the petty sessions area, deleting the name of any justice who has been elected chairman or deputy chairman, or
b
prepare ballot papers containing the words “deputy chairman — second ballot,”
and the provisions of paragraph (3) above, so far as relevant, and of paragraph (7) above, except for the proviso, shall apply.
9
If, after three ballots for the election of the chairman, two or more justices have obtained the same number of votes in the aggregate, or if, at the second ballot for the election of a deputy chairman two or more justices obtain an equal number of votes, so that in either case the addition of a vote to those cast for any one or more of them (as the case may be) would entitle him or them to be elected, the justices' clerk shall forthwith decide between those justices by lot, and proceed as if any justice on whom the lot falls had received an additional vote.
Conduct of ballots in general
8
1
Where, under a ballot conducted under any provision of these Rules, a ballot paper is returned unmarked or it is marked in such a manner that there is doubt as to the identity of the justice or justices for whom the vote is cast, the ballot paper or the vote, as the case may be, shall be rejected when the votes are counted.
2
There shall be no disclosure how any justice voted in any ballot under these Rules.
3
The fact that a justice entitled to vote at the election meeting has not received a ballot paper sent to him by the justices' clerk or the justices' clerk has not received a completed ballot paper sent to him by a justice shall not invalidate any ballot conducted under rule 6 or 9 of these Rules.
Period of office and eligibility for re-election
9
1
A chairman elected under these Rules shall hold office for one year from 1st January next after the date of his election and shall, subject to paragraph (2) below, be eligible for re-election.
2
A person who has held office as chairman shall not be eligible for re-election as chairman at an election meeting if on 1st January next after the election meeting he will have held such office for five consecutive years and less than three years will have elapsed from when he last held office unless–
a
at the time when the election meeting is held he holds office as chairman, and
b
the justices entitled to vote at the election meeting decide, in accordance with paragraph (3) below, that the restriction on eligibility imposed by this paragraph shall not apply in relation to the election to be held at that meeting.
3
The justices shall be taken to have decided that the restriction on eligibility for re-election provided for in paragraph (2) above shall not apply in relation to the election to be held at the election meeting if, on a postal ballot of the justices entitled to vote at the meeting conducted by the justices' clerk and carried out, subject to paragraph (4) below, not more than three months and not less than 21 days before the date of the meeting, a majority of at least three-quarters of such justices vote in favour of the restriction not being applied as aforesaid.
4
Where the procedure described in rule 6 above is to be followed prior to an election meeting, the justices' clerk shall ensure that any such postal ballot as is referred to in paragraph (3) above is conducted first.
5
Such a postal ballot as is referred to in paragraph (3) above shall be held in the fifth consecutive and any succeeding year of office of the chairman unless the chairman directs the justices' clerk that it shall not be held.
6
A deputy chairman elected under these Rules shall hold office for one year from 1st January next after the date of his election and shall be eligible for re-election.
Vacancy in office
10
If the office of chairman or deputy chairman becomes or is about to become vacant for any reason, the justices shall, as soon as practicable, proceed to elect in the manner provided for under these Rules, another chairman or deputy chairman, as the case may be, who shall hold office for the remainder of the term of the appointment of the justice whom he replaces.
Absence of chairman or deputy chairman
11
In the absence of a chairman or deputy chairman elected under these Rules, nothing in rules 4, 5, 6, 7, 9 or 10 shall prevent the appointment by justices present of one of their number to preside at a court sitting to deal with any case.
Requests to a justice to preside
12
Before a chairman or deputy chairman of the justices for a petty sessions area who is present at a meeting of those justices requests another justice to preside under the provisions of section 17(2) of the Justices of the Peace Act 1979, he shall satisfy himself as to the suitability of that justice for this purpose.
Mackay of Clashfern, C.
Dated 26th July 1990


text:
Citation and commencement
1
This Order may be cited as the Highland Regional Council (Loch Lannsaidh) Water Order 1990 and shall come into force on 30th March 1990.
Interpretation
2
In this Order–
“ the Act ” means the Water (Scotland) Act 1980;
“approved” means approved by the Secretary of State;
“the Council” means the Highland Regional Council as water authority;
“day” means a period of 24 hours reckoned from midnight;
“deposited plans” means the two plans, each prepared in duplicate, docqueted and signed as relative to this Order and marked respectively “The Highland Regional Council (Loch Lannsaidh) Water Order 1990 Plan of Catchment Area” and “The Highland Regional Council (Loch Lannsaidh) Water Order 1990 Plans & Sections of Works”, one copy of each of which is deposited in the Scottish Office, New St Andrew’s House, Edinburgh, and the other in the office of the Chief Executive of the Council in Inverness;
“gauge” includes a gauge weir or other apparatus for measuring the flow of water;
“intake” includes any work by which water is taken by the Council for the purpose of the undertaking;
“undertaking” means the water undertaking for the time being of the Council;
“works” means the works described in Schedule 1 to this Order which the Council, in exercise of the powers conferred on them by section 21 of the Act, and in the lines and situations and according to the levels shown on the deposited plans, propose to construct and maintain or, in the case of existing works, continue to maintain for the purpose of providing a supply of water within their limits of supply when they have acquired the necessary lands or sufficient rights therein.
Incorporation and application of provisions of Schedule 4 to the Act
3
The provisions of section 2 Part II and section 10(3) and (4) of Part III of Schedule 4 to the Act , as modified and adapted in terms of section 29(1) of the Act as set out in Schedule 2 to this Order, apply to the undertaking in so far as affected by the provisions of this Order.
Water rights
4
Subject to the provisions of this Order, the Council may, for the purposes of the undertaking and by means of a dam (Work No. 2), impound the waters of Loch Lannsaidh (Work No. 1) and by means of intakes (Work No. 3 and part of Work No. 5) take water from the said Loch Lannsaidh in the Sutherland District of the Highland Region.
5
1
During the construction of the works the Council may take from the said Loch Lannsaidh such water as they may require for such construction.
2
After the completion of the works–
a
the Council shall discharge from the said Loch Lannsaidh into the Allt Loch Lannsaidh by means of Work No. 8 a quantity of water not less than 227 cubic metres every day in a uniform and continuous flow as measured through or over an approved gauge (Work No. 4); and
b
the Council shall not in any one day take from the said Loch Lannsaidh a quantity of water greater than 2,100 cubic metres as measured through or over approved gauges (Work No. 7 and part of Work No. 6).
6
If the power to take water conferred by this Order has not been exercised within ten years from the date on which this Order comes into force the said power shall cease.
Miscellaneous
7
The Council shall at all times after the expiration of six months from the date on which this Order comes into force keep at the office of the Chief Executive of the Council a copy thereof and one copy of each of the deposited plans.
Alasdair C. Paton
Deputy Chief Engineer Scottish Office
Scottish Development Department 27 Perth Street,
Edinburgh
23rd March 1990


text:
1
This Order may be cited as the Home Purchase Assistance (Recognised Lending Institutions) Order 1990 and shall come into force on 27th July 1990.
2
The following bodies are hereby added to the list in section 447(1) of the Housing Act 1985:
a
Sun Life of Canada Home Loans Limited
b
Halifax Loans ( No. 2) Limited
c
Halifax Loans (No. 3) Limited
d
Halifax Loans (No. 4) Limited.
Chris Patten
One of Her Majesty’s Principal Secretaries of State
27th June 1990
We consent,
John Taylor
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
5th July 1990


text:
Title, commencement and extent
1
1
This Order may be cited as the Sea Fish (Specified Manx Waters) Licensing Order 1990 and shall come into force on 15th November 1990.
2
This Order extends to the United Kingdom and the Isle of Man.
Interpretation
2
In this Order–
“length”, in relation to a boat, means the length calculated in accordance with the rules specified in Article 2(1) of Council Regulation ( EEC ) No. 2930/86 defining characteristics for fishing vessels ;
“mile” means an international nautical mile of 1,852 metres.
Prohibition of fishing without a licence and exceptions thereto
3
1
Subject to paragraph (2) of this article, fishing by British fishing boats in the area of sea described in Schedule 1 to this Order for any sea fish (other than salmon or migratory trout) is hereby prohibited unless authorised by a licence granted by the Department of Agriculture, Fisheries and Forestry, the Isle of Man.
2
The prohibition in paragraph (1) above shall not apply to–
a
fishing by any boat whose length is not more than 10 metres, except in the case of a boat fishing for herring (Clupea harengus);
b
fishing by any boat used wholly for the purpose of conveying persons wishing to fish for pleasure with rod and line or by handline;
c
fishing by handline for mackerel (Scomber scombrus).
Powers of British sea-fishery officers in relation to fishing boats
4
1
For the purpose of the enforcement of this Order a British sea-fishery officer may exercise anywhere in relation to any British fishing boat the powers conferred by paragraphs (2) to (4) of this article.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) of this article and, in particular–
a
may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;
c
for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under section 4 of the Sea Fish (Conservation) Act 1967 as read with this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search; and
d
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in sub-paragraph (d) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that a contravention of this Order has at any time taken place within British fishery limits, he may–
a
require the master of the boat in relation to which the contravention took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
Revocation
5
The Orders mentioned in Schedule 2 to this Order are revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 16th October 1990.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Lord Strathclyde
Parliamentary Under Secretary of State, Scottish Office
11th October 1990
David Hunt
Secretary of State for Wales
12th October 1990
Peter Brooke
Secretary of State for Northern Ireland
16th October 1990


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Anglian Harbours National Health Service Trust (Establishment) Order 1990 and shall come into force on 21st December 1990.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State has a function to provide under sections 3(1)(d) or (e) or 5(1)(a) and (1A) of, or Schedule 1 to, the National Health Service Act 1977 ;
“establishment date” means 21st December 1990;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means Anglian Harbours 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 Anglian Harbours 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 at the Northgate Hospital, Northgate Street, Great Yarmouth NR30 1BU and associated hospitals;
b
to manage community health services provided from the Northgate Hospital, Northgate Street, Great Yarmouth NR30 1BU and to own the premises there from which those services are to be provided and any associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1991.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date in order to enable it to begin to operate satisfactorily from the operational date the trust shall have the limited functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary for the said purpose.
Assistance by health authorities before operational date
7
1
The Great Yarmouth and Waveney 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 Great Yarmouth and Waveney 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 Great Yarmouth and Waveney 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
4th December 1990


text:
Citation and commencement
1
This Order may be cited as the Standard Community Charge (Multipliers) Order 1990 and shall come into force on 26th February 1990.
Additional factors in connection with the specification of classes
2
Subsection (11) of section 40 of the Local Government Finance Act 1988 is amended by inserting at the end of the subsection the following paragraphs —
g
the periods for which unoccupied properties have previously been occupied;
h
the period for which properties would have been unoccupied if all or some periods of occupation were treated as periods during which the properties were unoccupied;
i
in the case of properties comprised in a deceased’s estate, the period which has elapsed since a grant of probate or of letters of administration was made.
.
Chris Patten
Secretary of State for the Environment
29th January 1990
Peter Walker
Secretary of State for Wales
25th January 1990


text:
1
The new highways which the Secretary of State proposes to construct —
a
along the route described in Schedule 1 to this Order (the highway along this route being in this order referred to as “the main new trunk road”); and
b
along the routes described in Schedule 2 to this Order which connect the main new trunk road with other highways at the places stated in that schedule (the highways along these routes being in this Order referred to as “the slip roads”).
shall become trunk roads as from the date when this Order comes into force.
2
The centre line of each of the new trunk roads is indicated by a heavy black line on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of any of the new trunk roads that —
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purpose of through traffic.
4
In this Order —
1
All measurements of distance are measured along the route of the relevant highway;
2
i
“the deposited plan”
means the plan numbered HA 10/2E/302 marked “The A5 London — Holyhead Trunk Road (Little Brickhill Bypass and Slip Roads) Order 1990”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the new trunk roads”
means the main new trunk road and the slip roads and “a new trunk road” means one of those highways;
iii
“the trunk road”
means the London — Holyhead Trunk Road (A5).
5
This Order shall come into force on 13th November 1990 and may be cited as the A5 London — Holyhead Trunk Road (Little Brickhill Bypass and Slip Roads) Order 1990.
Signed by authority of the Secretary of State for Transport
Peter Emms
Regional Director Eastern Region
Department of Transport
16th October 1990


text:
1
The new highways which the Secretary of State proposes to construct along the routes described in the Schedule to this Order, which will connect the main new trunk road with other highways at the place stated in that schedule, shall become trunk roads as from the date when this Order comes into force.
2
The centre line of each of the slip roads is indicated by a heavy black line on the deposited plan.
3
In this Order —
a
“the deposited plan”
means the plan folio numbered HA10/2E/300, marked “The A604 Catthorpe — Harwich Trunk Road (Catthorpe to Rothwell Section and Slip Roads) Supplementary Order (No. 2) 1990” containing one map, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
b
“the main new trunk road”
means the trunk road to be provided in pursuance of article 1(a) of the A604 Catthorpe — Harwich Trunk Road (Catthorpe to Rothwell Section and Slip Roads) Order 1987 ;
c
“the slip roads”
means the new highways mentioned in article 1 of this Order.
5
This Order shall come into force on 24th January 1991 and may be cited as the A604 Catthorpe — Harwich Trunk Road (Catthorpe to Rothwell Section and Slip Roads) Supplementary Order (No. 2) 1990.
Signed by authority of the Secretary of State for Transport
D. J. Morrison
Regional Director East Midlands Region
Department of Transport
5th December 1990


text:
Citation and commencement
1
These Regulations may be cited as the National Health Service (Appointment of Consultants) Amendment Regulations 1990 and shall come into force on 9th August 1990.
Amendment of Regulations
2
1
The National Health Service (Appointment of Consultants) Regulations 1982 shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 2(1) (interpretation)–
a
in the definition of “appropriate body” for the words from “the Royal College of Physicians of London” to “Dental Surgery” there shall be substituted the words “the College of Anaesthetists, the College of Ophthalmologists, the Royal College of Physicians of London and its associated Faculties of Public Health Medicine and Occupational Medicine, the Royal College of Surgeons of England and its associated Faculty of Dental Surgery”;
b
for the definition of “Authority” there shall be substituted the following definition–
“Authority” (except in the expression “relevant District Authority”) means a Regional Health Authority, a District Health Authority, the Special Hospitals Service Authority , a Teaching Authority or two or more such Authorities;
;
c
after the definition of “consultant” there shall be inserted the following definitions–
“general manager” means the person holding the post or performing the duties–
in relation to a Regional Health Authority, of regional general manager;
in relation to a District Health Authority, of district general manager;
in relation to a special hospital under the control of the Special Hospitals Service Authority, of general manager of the hospital;
in relation to a Specialist Teaching Hospital Authority, of general manager of that Authority;
“hospice” means an institution which provides hospital accommodation wholly or mainly for persons resident there who are terminally ill;
;
d
for the definition of “relevant University” there shall be substituted the following definition–
“relevant University” means–
for an appointment involving a Specialist Teaching Hospital Authority, the University of London;
for an appointment as consultant to provide services to a Regional Health Authority, any University associated with the provision of health services in the region of that Authority;
for an appointment involving the Special Hospitals Service Authority, any University with a department which teaches the relevant specialty;
for all other cases, the University nominating a member or members to the relevant District Authority;
.
3
In regulation 4(1) (exempted appointments) after sub-paragraph (k) there shall be added the following sub-paragraph–
l
medical practitioners who are employed on the staff of a hospice to provide medical services in the hospice and who are to be appointed to the staff of an Authority and who will receive no remuneration from an Authority in respect of their tenure of their post.
.
4
In regulation 6 (constitution of committees) for paragraph (a) there shall be substituted the following paragraphs–
a
where the appointment is to be made by a single Regional Health Authority otherwise than to a post specified in Schedule 1A, in accordance with Schedule 1;
aa
where the appointment is to be made by a single Regional Health Authority to a post specified in Schedule 1A, in accordance with that Schedule;
ab
where the appointment is to be made by a single District Health Authority, in accordance with Schedule 1B;
ac
where the appointment is to be made by the Special Hospitals Service Authority, in accordance with Schedule 1C;
.
5
In Schedule 1 (appointments by a Regional Health Authority)–
a
in paragraph 1 for the word “seven” there shall be substituted the word “eight”;
b
at the end of paragraph 2(3), for the words “of the Authority.” there shall be substituted the words “of the Authority, and”;
c
after paragraph 2(3) there shall be added the following sub-paragraph–
4
subject to the provisions of paragraph 3 below one shall be the general manager of the relevant District Authority,
;
d
in paragraph 3(a) after the words “each such Authority,” there shall be inserted the words “and the general manager referred to in paragraph 2(4), who shall be the general manager of one of the relevant District Authorities, or, alternatively may appoint the regional general manager”; and for the words “seven members” there shall be substituted the words “eight members”.
6
After Schedule 1 there shall be inserted Schedules 1A, 1B and 1C set out in the Schedule to these Regulations.
7
In Schedule 2 (appointments by a Teaching Authority)–
a
in paragraph 1 for the word “seven” there shall be substituted the word “eight”;
b
in paragraph 2(4), at the end, for the words “relevant University.” there shall be substituted the words “relevant University, and”;
c
after paragraph 2(4) there shall be added the following sub-paragraph–
5
one shall be the general manager of the Authority.
.
8
In Schedule 3 (appointments by authorities acting together)–
a
in paragraph 2, for the words “and a Teaching Authority they shall appoint a Committee of nine members” there shall be substituted the words “, a District Health Authority, the Special Hospitals Service Authority or a Teaching Authority, or any combination of those Authorities, they shall appoint a Committee of ten members”;
b
in paragraph 2(1)(b)(i) for the words “or by the Teaching Authority” there shall be substituted the words “or the district of the District Health Authority or by any other appointing Authority”;
c
for paragraph 2(2) there shall be substituted the following sub-paragraph–
2
one professional member shall be appointed by each Authority, being a member of the clinical staff of that Authority; and
;
d
after paragraph 2(2) there shall be added the following sub-paragraph–
3
one shall be the general manager of one of the Authorities concerned in making the appointment, as those Authorities acting jointly may agree and in default of agreement, the general manager of the Authority for which the appointee will carry out the greater part of his duties.
.
9
In Schedule 4 (general provisions applying in all cases)–
a
in paragraph 1(e) after the words “a relevant District Authority” there shall be inserted the words “or in more than one hospital of either the Special Hospitals Service Authority or of a Specialist Teaching Hospital Authority”; after the words “in that district” there shall be inserted the words “or those hospitals”; and after the words “Schedule 1,” there shall be inserted the words “2(2)(d) of Schedule 1C,”;
b
in paragraph 1(iv) after the words “District Authority” there shall be inserted the words “or authority managing those hospitals”;
c
for paragraph 2 there shall be substituted the following paragraph–
2
1
Subject to sub-paragraph (2) below, where an appointed member is unwilling or unable to perform his functions another person may be appointed in the same manner to be a member in his place.
2
Where the person who is unwilling or unable to perform his functions is either the Director of Public Health or the general manager of the Authority then–
a
in place of the Director a consultant in public health medicine only may be appointed, and
b
in place of the general manager a senior officer of the Authority may be appointed, but such an appointment shall only be made with the consent of the Chairman of the Committee after he has sought the views of the members of the Committee.
;
d
after paragraph 6 there shall be inserted the following paragraph–
6A
1
In respect of any appointment where the Authorities act jointly, the general manager, or in his place a senior officer of each Authority so acting, shall be entitled to attend the meeting of the Committee, even where not appointed as a member under paragraph 2(3) of Schedule 3.
2
A person attending the meeting by virtue of this paragraph only shall be entitled to participate in the discussions of the Committee at the invitation of the Chairman of the Committee but may not vote in the proceedings of the Committee.
.
Signed by authority of the Secretary of State for Health
Virginia Bottomley
Minister of State,
Department of Health
12th July 1990


text:
1
This Order may be cited as the Offshore Installations (Safety Zones) Order 1990 and shall come into force on 27th February 1990.
2
A safety zone is hereby established around each of the installations specified in Column 2 of the Schedule hereto (being installations stationed in waters to which subsection (7) of section 21 of the Act applies) having a radius of five hundred metres from the point as respects each installation which has the co-ordinates of latitude and longitude according to European Datum (1950) specified with respect to the installation in Columns 3 and 4 of the Schedule.
Peter Morrison
Minister of State,
Department of Energy
5th February 1990


text:
Citation and commencement
1
This Order may be cited as the Local Government Reorganisation (Property)(West Midlands) Order 1990, and shall come into force on 25th October 1990.
Transfer of property
2
All interests of the West Midlands Residuary Body in the land described in Column 1 of the Schedule to this Order shall vest in the local authority specified in Column 2.
Rights and liabilities
3
All rights and liabilities of the West Midlands Residuary Body in relation to the land transferred by article 2, and all records relating exclusively to such land, shall vest in the local authority to which it is so transferred.
Chris Patten
Secretary of State for the Environment
26thSeptember 1990


text:
Citation, Commencement and Interpretation
1
1
These Regulations may be cited as the Education (School Financial Statements) (Prescribed Particulars etc.) Regulations 1990 and shall come into force on 21st March 1990.
2
In these Regulations —
“ the Act ” means the Education Reform Act 1988;
“authority” means a local education authority;
“budget statement” means the statement referred to in section 42(3) of the Act;
“factor” in relation to the allocation formula under an authority’s scheme means any circumstance, fact or matter affecting the needs of individual schools and subject to variation from school to school which is to be taken into account in accordance with the allocation formula under the authority’s scheme;
“outturn statement” means the statement referred to in section 42(6) of the Act;
“relevant” in relation to “age” and “age group” means an age or age group separately treated in the allocation formula under an authority’s scheme for the purposes of determining that part of each school’s budget share which is to be determined by reference to numbers of registered pupils, and
“school” means a school required by section 42(3) or (6) of the Act to be covered by a budget statement or an outturn statement as the context may require.
3
The following table shows provisions of the Act defining or otherwise explaining expressions used in these Regulations —
aggregated budget section 33(4)(b) allocation formula section 38(2) excepted heads or items of expenditure section 33(4)(b)(i) excluded expenditure under an authority’s scheme section 33(6)(c) financial year section 235(1) general schools budget scheme section 33(4)(a) section 51(2)(a) school’s budget share section 51(2)(b).
4
Unless the context otherwise requires, any reference in these Regulations to —
a
a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered, and
b
a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which the reference appears.
Prescribed Forms of Statements
2
A budget statement shall be prepared in the four parts specified below —
a
Part 1, which shall contain the particulars of and the information with respect to the authority’s planned financial provision for all schools for the financial year to which the statement relates specified in section 42(4)(a) and (b) of the Act and regulation 4;
b
Part 2, which shall contain the particulars of and the information with respect to the authority’s planned financial provision for each school for the financial year to which the statement relates specified in section 42(4)(e), (f), (g) and (h) and regulation 5;
c
Part 3, which shall contain the particulars of and the information with respect to the allocation formula under the authority’s scheme prescribed in regulation 6; and
d
Part 4, which shall contain the information with respect to the budget share of each school for the financial year to which the statement relates prescribed in regulation 7.
3
An outturn statement shall be prepared in the two parts specified below —
a
Part 1, which shall contain the information with respect to expenditure actually incurred by the authority for the purposes of all schools in the financial year to which the statement relates prescribed in regulation 8(1), and
b
Part 2, which shall contain the information with respect to expenditure so incurred, or treated by the authority as having been incurred, for the purposes of each school in the financial year to which the statement relates prescribed in regulation 8(2).
Prescribed Particulars and Information for Budget Statements
4
1
There is prescribed for the purposes of section 42(4)(c) of the Act the particulars of amounts deducted from the general schools budget of the authority for the financial year to which the statement relates in arriving at the amount of its aggregated budget for that year set out in Part I of Schedule 1.
2
There is prescribed for the purposes of section 42(4)(j) of the Act (in addition to the information prescribed in regulations 5(2), 6(2) and 7) the information with respect to the amounts referred to in paragraph (1) and the amount of the authority’s aggregated budget for that year set out in Part II of Schedule 1.
5
1
There is prescribed for the purposes of section 42(4)(i) of the Act the principal elements of the basis on which the authority determine in the case of each school the amounts referred to in sub-paragraphs (i) and (ii) of that paragraph for the financial year in question.
2
There is prescribed for the purposes of section 42(4)(j) of the Act the information set out in sub-paragraphs (a) and (b) below with respect to the authority’s planned financial provision for each school for the financial year in question —
a
each school’s budget share;
b
the aggregate of the amounts of expenditure referred to in section 42(4)(h) of the Act; and
c
in the case of a school required to be covered by a budget statement for part only of the financial year to which the statement relates, the methods used by the authority to apportion that school’s budget share for the period for which the school is required to be covered by the statement.
6
1
There is prescribed for the purposes of section 42(4)(d) of the Act a statement of each factor included in the allocation formula under the authority’s scheme as that scheme applies in respect of the financial year in question.
2
There is prescribed for the purposes of section 42(4)(j) of the Act the information with respect to the application in the financial year in question of the allocation formula under the authority’s scheme specified in Schedule 2.
7
There is prescribed for the purposes of section 42(4)(j) of the Act the information with respect to the budget share of each school for the financial year in question specified in Schedule 3.
Prescribed Particulars for Outturn Statements
8
1
There is prescribed for the purposes of section 42(6)(a) of the Act a statement of the amount of expenditure actually incurred by the authority in that year for the purposes of all schools expressed (as cash sums or percentages, as the case may be) by reference to categories corresponding to each of the matters required by regulation 2 (a) to be contained in Part 1 of a budget statement.
2
There is prescribed for the purposes of section 42(6)(b) of the Act the following information in respect of each school —
a
the total amount of expenditure actually incurred in that year for the purposes of the school, net of any amount treated by the authority as income attributed to the school;
b
the amount (if any) of excluded expenditure under the authority’s scheme in respect of contingencies occurring during the year;
c
the aggregate of the amounts of expenditure on excepted heads or items of expenditure and excluded expenditure under the authority’s scheme other than the amount referred to in sub-paragraph (b) above;
d
the amount of any increase or decrease in the course of the financial year in the school’s budget share resulting from an increase or decrease in the course of that year in the amount of the authority’s general schools budget;
e
the amount to be carried forward to the following financial year of any surplus or deficit in the school’s budget share for that or any previous financial year, and
f
the amount brought forward from the previous financial year of any surplus or deficit in the school’s budget share in any previous financial year.
Prescribed Manner and Time of Publication of Budget and Outturn Statements
9
For the purposes of section 42(7) of the Act, every budget statement and every outturn statement shall be published by —
a
furnishing a copy to the Secretary of State for Education and Science, and
b
making a copy available for reference by parents and other persons at all reasonable times and without charge at —
i
each education office of the authority, and
ii
each public library in the area of the authority.
10
1
A budget statement shall be published before the beginning of the financial year to which it relates, save that a budget statement for the financial year beginning on 1st April 1990 shall be published before 1st May 1990.
2
An outturn statement shall be published before 1st November next following the end of the financial year to which the statement relates.


text:
Citation and commencement
1
These Regulations may be cited as the Highways (Road Humps) Regulations 1990 and shall come into force on 13th April 1990.
Interpretation
2
1
In these Regulations–
“ the Act ” means the Highways Act 1980;
“principal road” means a highway which is a road for the time being classified as a principal road by virtue of section 12 of the Act (whether as falling within subsection (1), or as being so classified under subsection (3), of that section);
“traffic sign” has the same meaning as in section 64 of the Road Traffic Regulation Act 1984; ;
“the Traffic Signs Regulations ” means the Traffic Signs Regulations 1981 .
2
For the purposes of these Regulations road humps in a highway shall be deemed to form part of a series where they are two or more in number and spaced so that not less than 20 metres nor more than 150 metres lies between one hump and the one next to it.
3
For the purposes of these Regulations measurements to or from any point to or from a road hump shall be taken to or from that edge of the hump, as shown in the Schedule, which is nearest to the point and for the purposes of regulations 4 and 5 and of this paragraph:–
a
measurements to or from a horizontal bend shall be taken to or from that part of the bend which is nearest to the hump;
b
measurements to or from a road junction shall be taken to or from the point nearest the hump on an imaginary line drawn across the mouth of the junction; and
c
a horizontal bend begins where a motor vehicle would start a change of direction of not less than 70 degrees within a distance of not more than 32 metres and ends where the vehicle would finish that change of direction.
4
A reference in these Regulations to a traffic sign is a reference to that sign, if used in Wales, with the prefix W as prescribed by the Traffic Signs (Welsh and English Language Provisions) Regulations 1985
5
A reference in these Regulations to a numbered regulation is a reference to the regulation bearing that number in these Regulations and a reference to the Schedule is a reference to the Schedule to these Regulations.
Consultation about road hump proposals
3
Where the Secretary of State or a local highway authority proposes to construct a road hump, he or they shall, as well as consulting the chief officer of police as required by section 90C(1) of the Act, also consult:–
a
where the proposal is by a local highway authority other than a London borough council or a metropolitan district council, the district council in whose district the highway is situated;
b
in all cases, one or more organisations representing persons who use the highway to which the proposal relates, or representing persons who are otherwise likely to be affected by the road hump, unless it appears to the Secretary of State or the local highway authority that there are no such organisations.
Highways and circumstances in which road humps may be constructed
4
1
No road hump shall be constructed in any trunk road, special road or principal road.
2
Save as provided in regulation 7, no road hump shall be constructed in any highway unless the requirements specified in paragraph (3) below are satisfied.
3
Those requirements are that:–
a
in the highway there is either–
i
a system of street lighting furnished by at least three lamps lit by electricity and placed so that not more than 38 metres separate any of the lamps from the one next to it, or
ii
lighting specially provided for the hump; and
b
at least one of the requirements specified in paragraph (4) below is satisfied.
4
The requirements referred to in paragraph (3)(b) above are as follows:–
a
all vehicular traffic approaching the hump will within 40 metres of the hump either have entered the highway in which the hump is placed through a junction with another highway or have passed through a horizontal bend in which it has changed direction by not less than 70 degrees within a distance of not more than 32 metres;
b
within 40 metres of the hump there is in the same highway as the hump the closed end of a cul-de-sac;
c
within 40 metres of the hump there is in the same highway as the hump a traffic sign, addressed to traffic approaching the hump, of the type specified in diagram 616, 617 other than any such sign when used with one of the plates specified in diagram 618, 618.1 (except when varied to read “no vehicles”) 619.3, 619.4, 620 or 620.1 in Part II of Schedule 1 to the Traffic Signs Regulations; or
d
within 60 metres of the hump there is in the same highway as the hump a traffic sign, addressed to vehicular traffic approaching the hump, of the type specified in diagram 1002.1, 1003, 1003.1 or 1003.3 in Schedule 2 to the Traffic Signs Regulations.
Nature, dimensions, location and spacing of road humps
5
1
Save as provided in regulation 7, no road hump shall be constructed or maintained in a highway unless–
a
it complies with one of the sets of specifications in the Schedule, so, however, that a measurement shall be deemed to comply if it is
i
in the case of a vertical measurement no more nor less than 12 millimetres;
ii
in the case of a horizontal measurement no more than 5 per cent greater or less
than the corresponding measurement shown in the specification;
b
it is at right angles to an imaginary line along the centre of the carriageway of the highway in which it is constructed; and
c
where it is constructed or maintained in a carriageway with a gradient of more than 10 per cent., it is not within 20 metres of the top of that part of the carriageway which has that gradient and no more than 70 metres separates any road hump on the gradient from the next one.
2
A road hump of a type which complies with the specifications shown in drawing No 1 or No 3 in the Schedule may be constructed and maintained in a highway so that an imaginary line along the centre of the hump from one side of the road to the other is in the same position as an imaginary line from one side of the road to the other along the centre of the pattern of black and white stripes specified in paragraph 4(1) of Part I of Schedule 2 to the “Zebra” Pedestrian Crossings Regulations 1971 .
3
Save as mentioned in paragraph (2) above, no road hump shall be within the limits of a zebra controlled area as defined in regulation 3(1) of the regulations mentioned in that paragraph or within 30 metres from the imaginary line along the centre of the pattern of stripes mentioned in that paragraph.
4
A road hump which complies with the specifications shown in drawing No 1 or No 3 in the Schedule may be constructed and maintained in a highway so that an imaginary line along the centre of the hump from one side of the road to the other is in the same position as an imaginary line along the centre of the limits of the crossing from one side of the road to the other as shown in a diagram in Schedule 2 to the “Pelican” Pedestrian Crossings Regulations 1987 .
5
Save as mentioned in paragraph (4) above, no road hump shall be within the limits of a “pelican” crossing as defined in regulation 3(1) of the regulations mentioned in that paragraph or within 30 metres of any part of any such crossing.
6
No road hump shall be constructed or maintained in a highway:–
a
on a railway level crossing or within 20 metres of the nearest rail forming part of the railway track at any such crossing, or within 2 metres of any rail running in the highway otherwise than at any such crossing;
b
under or within 25 metres of any part of a structure over a carriageway of the highway any part of which is 6.5 metres or less above the surface of the carriageway; or
c
above or within 25 metres of any part of a bridge, tunnel, culvert or other similar structure over which a carriageway of that highway passes.
Placing of traffic signs
6
Save as provided in regulation 7, where a road hump or series of road humps is constructed in a highway the highway authority for that highway shall cause to be placed and thereafter cause to be maintained:–
a
traffic signs of a kind shown in diagram 557.1, in combination with traffic signs of a kind shown in diagram 557.2, 557.3 or 557.4 in Schedule 1 to the Traffic Signs Regulations, in such positions as the authority may consider requisite for the purpose of providing adequate warning of the presence of a road hump or a series of road humps to persons using the highway;
b
except in a case specified in sub-paragraph (c) below, on the road hump or, in the case of a series of road humps, on each hump in the series, the traffic sign shown in diagrams 1060 and 1060.1 in Schedule 2 to those regulations or in diagram 1061 and 1061.1 in that Schedule;
c
in a case where a road hump is placed in a highway in accordance with regulation 5(2) a traffic sign of the kind shown in diagram 544 in Part I of Schedule 1 to the Traffic Signs Regulations facing traffic approaching the pedestrian crossing together with a traffic sign of the kind shown in diagram 547.5 in that Part;
d
in a case where a road hump is placed on a highway in accordance with regulation 5(4), a traffic sign of a kind shown in diagram 547.6 in Part I of Schedule 1 to the Traffic Signs Regulations facing traffic approaching the pedestrian crossing together with a traffic sign of the kind shown in diagram 543 in that Part.
7
Where a road hump is placed in a highway which is subject to a speed limit of 20 miles per hour or less, the provisions of regulations 4(2), 5(1)(b), and (6)(b) and (c) and 6 shall not apply.
Revocation
8
The Highways (Road Humps) Regulations 1986 are hereby revoked.
Cecil Parkinson
Secretary of State for Transport
21st March 1990
Peter Walker
Secretary of State for Wales
22nd March 1990