text:
1
This Order may be cited as the Merchant Shipping (Liner Conferences) (Hong Kong) (Amendment) Order 1990 and shall come into force on 4th April 1990.
2
The Merchant Shipping (Liner Conferences) (Hong Kong) Order 1985 shall have effect subject to the amendments specified in the Schedule hereto.
G I de Deney
Clerk of the Privy Council


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Christie Hospital National Health Service Trust (Establishment) Order 1990 and shall come into force on 21st December 1990.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 21st December 1990;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means Christie Hospital National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called Christie Hospital National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to own and manage hospital accommodation and services at the Christie Hospital, Wilmslow Road, Withington, Manchester M20 9BX and associated premises including the management of its teaching and research facilities.
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
2
The hospital referred to in article 3(2) is a hospital which, in the opinion of the Secretary of State, has a significant teaching and research commitment and accordingly one of the non-executive directors shall be appointed from The University of Manchester.
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 South Manchester 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 South Manchester 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 South Manchester 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
1
These Regulations may be cited as the Education (Individual Pupils' Achieve-ments) (Information) Regulations 1990 and shall come into force on 1st August 1990.
Definitions
2
1
In these Regulations —
“ the Act ” means the Education Reform Act 1988;
“key stage” means any of the periods set out in paragraphs (a) to (d) respectively of section 3(3) of the Act, and a reference to the fourth key stage is a reference to the period set out in section 3(3)(d) of the Act;
“levels of attainment” means the levels set out in any document of a kind referred to in section 4(4) of the Act the provisions of which have effect, or (as the case may be) have effect as amended, by virtue of any Order made under section 4(2)(a) or (b) of the Act;
“maintained school” has the meaning assigned to it by section 25(1) of the Act;
“profile component” means any grouping of attainment targets for the purposes of the statutory arrangements;
“school day” means a day on which the school meets; and
“the statutory arrangements” means assessment arrangements specified by orders made under section 4(2)(c) of the Act.
2
In these Regulations, unless the context otherwise requires, any reference to a numbered regulation is a reference to the regulation bearing that number in these Regulations and any reference in a regulation to a numbered paragraph is to the paragraph of that regulation bearing that number.
General duty of head teacher
3
1
The head teacher of every maintained school shall make available in writing to the parent of each registered pupil at the school the information relating to that pupil’s educational achievements specified in regulation 4.
2
That information shall be made available at the times and in the manner specified in regulation 5.
Information to be provided to parents
4
1
The information required to be made available by regulation 3 is —
a
where the pupil is in the final year of a key stage in any foundation subject in relation to which attainment targets and programmes of study are specified, and his achievements in that subject have been assessed in accordance with the statutory arrangements —
i
the pupil’s level of attainment in the subject and in each profile component of the subject so assessed;
ii
a statement that the levels have been so assessed;
iii
where the pupil has been exempted from any attainment target, a statement to that effect referring to the target; and
iv
the name of any subject in which the pupil has been awarded the General Certificate of Secondary Education and of any other qualification awarded to him in reliance (in either case) on his assessment in accordance with the statutory arrangements;
b
where the pupil is in a year (other than the final year) of a key stage in any foundation subject in relation to which year attainment targets and programmes of study are specified, brief particulars of his achievements in that subject;
c
in any year in which sub-paragraph (a) or (b) applies to a pupil, brief particulars of his achievements in any foundation subject which is required by the National Curriculum to be taught to him for a reasonable time by virtue of section 10(2)(a) and (3) of the Act and in any other subject or activity which forms part of the school curriculum; and
d
where the pupil is over compulsory school age and is not in any year of any key stage, brief particulars of his achievements in any subject or activity which forms part of the school curriculum.
2
The brief particulars referred to in paragraph (1)(b) and (d) shall include the results of any public examination taken by the pupil for which he was prepared by the school in the school year to which the information relates, and where the brief particulars referred to in paragraph (1)(b) include references to the pupil’s levels of attainment they shall contain a statement that those levels have not been assessed in accordance with the statutory arrangements.
3
In paragraph (1)(a)(iii) a reference to a pupil who has been exempted from any attainment target is a reference to a pupil to whom any attainment target does not apply or applies with modifications (as the case may be) by virtue of —
a
regulations made under section 17 of the Act; or
b
provision made pursuant to section 18 of the Act in the pupil’s statement of special educational needs made under section 7 of the Education Act 1981 ; or
c
a direction given by a head teacher pursuant to regulations made under section 19 of the Act .
4
In this regulation “specified” means specified for the time being by an order made under section 4(2)(a) and (b) of the Act.
Time and manner of provision of information
5
1
Subject to paragraphs (2) and (3) the head teacher shall send the information (whether by post or otherwise) to the pupil’s parent not later than 31st July in each year immediately following the end of the school year to which the information relates.
2
Where the head teacher receives information after 31st July in any year consisting of the results of public examinations taken by a pupil at the school during the school year immediately preceding that date, he shall send that information (whether by post or otherwise) as soon as reasonably practicable to the parent of that pupil.
3
In the case of a pupil who is at the end of the fourth key stage or who is over compulsory school age and not in any year of any key stage, paragraph (1) shall have effect with the substitution of “30th September” for “31st July”.
Additional information to be made available to parents in certain cases
6
1
Subject to paragraph (2) it shall be the duty of the head teacher, in the case of a pupil mentioned in regulation 4(1)(a), to disclose to that pupil’s parent, when requested to do so by that parent, the relevant data, and to make available to the parent without charge a copy of those data.
2
The head teacher shall comply with any request pursuant to paragraph (1) within fifteen school days of its receipt by him or, if the request is received on a day which is not a school day, within fifteen school days of the first school day following the day on which he received the request.
3
In paragraph (1) “the relevant data” means the levels of attainment achieved by the pupil in each attainment target in any foundation subject in respect of which the pupil has been assessed in accordance with the statutory arrangements.
John MacGregor
Secretary of State for Education and Science
9th July 1990
David Hunt
Secretary of State for Wales
9th July 1990


text:
1
This Order may be cited as the Protection of Wrecks (Designation No. 2) Order 1990 and shall come into force on 18th August 1990.
2
1
The site where a vessel lies, or is supposed to lie, wrecked on or in the sea bed, and in respect of which this Order is made, is in position latitude 60° 22.5' North, Longitude 0' 43.27' West.
2
The area within a distance of 100 metres of that position shall be a restricted area for the purposes of the Protection of Wrecks Act 1973.
Signed by authority of the Secretary of State for Transport
Christopher Chope
Parliamentary Under Secretary of State,
Department of Transport
15thAugust 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 connect the 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 from the date when this Order comes into force.
2
The centre line of each slip road 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 slip 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 purposes of through traffic.
4
In this Order —
i
“the deposited plan”
means the plan numbered HA10/YHRO28 marked “The A1 Trunk Road (Gatenby Lane Junction, Leeming 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 trunk road”
means the London — Edinburgh — Thurso Trunk Road (A1).
5
This Order shall come into force on 16th November 1990 and may be cited as the A1 Trunk Road (Gatenby Lane Junction, Leeming Slip Roads) Order 1990.
Signed by authority of the Secretary of State for Transport
J. P. Henry
Regional Director Yorkshire and Humberside
Department of Transport
19th October 1990


text:
1
The lengths of the trunk road described in the schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be trunk road and shall be classified as classified road as from the date on which the Secretary of State notifies the County Council of Northamptonshire that the new trunk roads are open for through traffic.
2
In this Order —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“classified road” as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the deposited plan” means the plan folio numbered HA10/2E/273 marked “The A43 Oxford — Market Deeping Trunk Road (South West Kettering to Weekley) Detrunking Order 1990”, containing a key plan and one plan marked “Scheme Plan” and signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
iii
“the new trunk roads” mean the trunk roads to be provided by the Secretary of State in pursuance of the A43 Oxford — Market Deeping Trunk Road (Kettering Northern Bypass) Order 1987 along the route prescribed by Schedule 1 to that Order; and
iv
“the trunk road” means the Oxford — Market Deeping Trunk Road (A43).
3
This Order shall come into force on 24th January 1991 and may be cited as the A43 Oxford — Market Deeping Trunk Road (South West Kettering to Weekley) Detrunking Order 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, interpretation and commencement
1
These Regulations which may be cited as the Medicines (Fees Relating to Medicinal Products for Human Use) Amendment Regulations 1990, amend the Medicines (Fees Relating to Medicinal Products for Human Use) Regulations 1989 (hereinafter referred to as “the principal Regulations”) and shall come into force on 5th March 1990.
Amendment of regulation 1(4) of the principal Regulations
2
In regulation 1(4) of the principal Regulations (applications made at the specific invitation of the licensing authority), before the words “No fee shall be payable under these Regulations” there shall be inserted “Subject to paragraph 1A of Part II of Schedule 1 to these Regulations.”.
Additional regulation 2A to the principal Regulations
3
In Part 1 of the principal Regulations after regulation 2 (interpretation), there shall be inserted the following regulation —
Fees payable in connection with applications
2A
1
Subject to paragraphs (2) and (3) of this regulation, the amount of a fee payable in connection with an application is that payable in accordance with these Regulations as in force when the application is made.
2
The amount of a fee payable in connection with an application for the renewal of a licence or certificate made more than four months before the date on which it is due to expire is that payable in accordance with these Regulations as in force on that date.
3
The amount of a fee payable in respect of an inspection is that payable in accordance with these Regulations as in force when the inspection is made.
.
Amendment of regulation 3 of, and additional regulation 3A to, the principal Regulations
4
1
In regulation 3 of the principal Regulations (applications for licences) for the words “Subject to regulations 16 and 20”, there shall be substituted “Subject to regulations 3A, 16 and 20”.
2
After regulation 3 there shall be inserted the following regulation —
Inspections in connection with multiple applications for licences
3A
Where an inspection mentioned at regulation 3(b) of these Regulations is made at a site which has been named as a possible site for manufacture of a medicinal product by more than one applicant for —
a
a product licence and that site is located outside the United Kingdom; or
b
a manufacturer’s licence and that site is located in the United Kingdom,
the fee in respect of that inspection shall be payable in equal proportions by each applicant for such licence.
.
Amendment of regulation 4 of the principal Regulations
5
In regulation 4 of the principal Regulations (applications for clinical trial certificates) for “£8,000” there shall be substituted “£13,600”.
Amendment of regulation 5 of the principal Regulations
6
Regulation 5 of the principal Regulations (applications for certificates for exports of medicinal products) shall be amended as follows —
a
in paragraph (1)(a) for “£100” there shall be substituted “£170”;
b
in paragraph (1)(b) for “£50” there shall be substituted “£85”;
c
in paragraph (1)(c) —
i
in head (i) for “£10” there shall be substituted “£15”;
and
ii
in head (ii) for “£50” there shall be substituted “£85”.
Amendment of regulation 6 of, and additional regulation 6A to, the principal Regualtions
7
1
In regulation 6 of the principal Regulations (variations of licences) for “Subject to regulations 9, 16 and 20” there shall be substituted “Subject to regulations 6A, 9, 16 and 20”.
2
After regulation 6 to the principal Regulations there shall be inserted the following regulation —
Inspections in connection with multiple applications for variations of licences
6A
Where an inspection mentioned at regulation 6(b) of these Regulations is made at a site which has been named as a possible site for manufacture of a medicinal product by more than one applicant for a variation to —
a
a product licence and that site is located outside the United Kingdom; or
b
a manufacturer’s licence and that site is located in the United Kingdom,
the fee in respect of that inspection shall be payable in equal proportions by each applicant for such variation.
.
Amendment of regulation 7 of the principal Regulations
8
In regulation 7 of the principal Regulations (variations of clinical trial certificates) for “£175” there shall be substituted “£300”.
Amendment of regulation 8 of the principal Regulations
9
In regulation 8 of the prinicipal Regulations (change of name or address in clinical trial certificates) for “£50” there shall be substituted “£85”.
Amendment of regulation 9 of the principal Regulations
10
For regulation 9 of the principal Regulations (applications for multiple variations) there shall be substituted the following —
Applications for multiple variations
9
1
Subject to paragraphs (2) and (3) of this regulation, a separate fee shall be payable in respect of each variation of each provision of a licence or certificate applied for in any one application.
2
In respect of a variation which does not require a full assessment of the application separate from that required in respect of another variation applied for in the same application, the fee payable shall be 50% of that payable in accordance with regulation 6 or regulation 7.
3
In respect of a variation which is wholly consequential upon another variation of a provision of a licence or certificate which is applied for in the same application, no separate fee shall be payable.
Amendment of regulation 10 of, and additional regulation 10A to, the principal Regulations
11
1
In regulation 10 of the principal Regulations (renewal of licences) for “Subject to regulations 12, 16 and 20” there shall be substituted “Subject to regulations 10A, 12, 16 and 20”.
2
After regulation 10 of the principal Regulations there shall be inserted the following regulation —
Inspections in connection with multiple applications for renewal of licences
10A
Where an inspection mentioned at regulation 10(b) of these Regulations is made at a site which has been named as a possible site for manufacture of a medicinal product by more than one applicant for a renewal of —
a
a product licence and that site is located outside the United Kingdom; or
b
a manufacturer’s licence and that site is located in the United Kingdom,
the fee in respect of that inspection shall be payable in equal proportions by each applicant for such renewal.
.
Amendment of regulation 11 of the principal Regulations
12
In regulation 11 of the principal Regulations (renewal of certificates) for “£2,000” there shall be substituted “£3,400”.
Amendment of regulation 13 of the principal Regulations
13
After paragraph (3) of regulation 13 to the principal Regulations (fees for inspections of sites located outside the United Kingdom) there shall be inserted the following —
3A
Where a fee is payable under paragraph (1) above in respect of an inspection of a site located in the United Kingdom, the fee shall be payable in equal proportions by each holder of a manufacturer’s licence in which that site is named as a possible site for manufacture of the medicinal product in respect of which the manufacturer’s licence is granted.
.
Amendment of regulation 15 of the principal Regulations
14
Regulation 15 of the principal Regulations (time for payment of fees in connection with applications or inspections and refunds of such fees) shall be amended as follows —
a
in regulation 15(1) for “Subject to paragraphs (2) and (3) below” there shall be substituted “Subject to paragraphs (2), (3), (4) and to regulation 15A below”; and
b
after paragraph (3) there shall be inserted —
4
Where regulation 2A(2) of these Regulations applies, there shall be payable at the time of the application the amount payable in accordance with these Regulations as in force at that time and paragraph (2) above shall have effect as respects the fee properly payable in accordance with regulation 2A(2).
;
c
after paragraph (4) there shall be inserted the following Regulation —
Time for payment of fees — applications made by small companies
15A
1
Schedule 2A to these Regulations shall have effect with respect to the fee payable in connection with an application made by or on behalf of a small company.
2
For the purpose of these Regulations, a company is a small company if, for the financial year before that in which the application is made the amount of its turnover for the year is not more than 50% of the amount for the time being specified in section 248(1)(a) of the Companies Act 1985 ; and
a
its balance sheet total (as defined in section 248(3) of that Act) is not more than the amount for the time being specified in section 248(1)(b) of that Act; or
b
the average number of persons employed by the company in the financial year before that in which the application is made (determined on a weekly basis) does not exceed the amount for the time being specified in section 248(1)(c) of that Act.
.
Revocation of regulation 20(4) of the principal Regulations
15
Regulation 20(4) of the principal Regulations (transitional provision) is hereby revoked.
Amendment of Part I of Schedule 1 to the principal Regulations
16
In paragraph 1 of Part I of Schedule 1 to the principal Regulations (interpretation) —
a
in the definition of “complex application”
i
for sub-paragraph (g) there shall be substituted the following —
g
relates to a medicinal product which is a controlled release preparation except where the application is for a variation in connection with such preparation and does not relate to a matter mentioned in sub-paragraph (b), (c), (d), (f), (j), (k) or (n) of this definition.
;
ii
at the end of sub-paragraph (j) there shall be deleted the word “or”;
iii
after sub-paragraph (k) there shall be inserted the following sub-paragraphs —
l
relates to a medicinal product which is an influenza vaccine and in respect of which the manufacturer or the manufacturing process is different from that specified in any other product licence which the applicant holds in respect of that product;
m
is for a product licence for a medicinal product which is an influenza vaccine, except where it relates only to an influenza vaccine containing a different strain or strains from that specified in any other product licence which the applicant holds; or
n
is to vary a product licence and relates to a change in the formulation of the medicinal product comprising one or more of the following —
i
a change in the quantity of that product’s active ingredient;
ii
a change which necessitates in-vivo bioavailability studies to be performed on that product;
iii
a change in that product’s preservative system; or
iv
a change in two or more of that product’s excipients other than to colours or substances which are present only in trace amounts in the finished product.
;
b
in the definition of “simple application”, after the word “applies”, there shall be inserted the following —
other than one for a product licence for a medicinal product which is a new strength of a product in respect of which a product licence has previously been granted in the United Kingdom;
.
Amendment of Part II of Schedule 1 to the principal Regulations
17
In Part II of Schedule 1 to the principal Regulations (fees for applications for licences) —
a
in paragraph 1 for “Subject to paragraphs 2 and 3 below” there shall be substituted “Subject to paragraphs 1A, 2 and 3 below”;
b
in Column 2 of the Table in paragraph 1 —
i
for “£8,000” specified at entry 1(a) there shall be substituted “£13,600” and for “£40,000” specified at entry 1(b) there shall be substituted “£68,000”;
ii
for “£6,000” specified at entry 2 there shall be substituted “£10,200”;
iii
for “£3,000” specified at entry 3 there shall be substituted “£5,100”;
iv
for “£1,500” specified at entry 4 there shall be substituted “£2,550”; and
v
for “£1,500” specified at entry 5(a) there shall be substituted “£2,550” and for “£1,000” specified at entry 5(b) there shall be substituted “£1,700”;
c
after paragraph 1 there shall be inserted the following paragraph —
1A
Notwithstanding the provisions of paragraph 1 above, in the case of an article or substance to which Part II of the Medicines Act 1968 applies by virtue of the Medicines (Surgical Materials) Order 1971 , the fee payable under these Regulations in respect of an application for a product licence made at the specific written invitation of the licensing authority shall be £250.
;
d
in paragraph 4 —
i
in sub-paragraph (1)(a) for “£50” there shall be substituted “£85”;
ii
in sub-paragraph (1)(b) for “£1,000” there shall be substituted “£1,700”; and
e
in paragraph 5 for “£650” there shall be substituted “£1,105”.
Amendment of Part III of Schedule 1 to the principal Regulations
18
In Part III of Schedule 1 to the principal Regulations (fees for applications for variations of licences) —
a
in paragraph 1 —
i
for “paragraph 4 below” there shall be substituted “paragraphs 4 and 5 below”;
ii
in sub-paragraph (a) for “£1,250” there shall be substituted “£2,125”; and
iii
in sub-paragraph (b) for “£175” there shall be substituted “£300”;
b
in paragraph 2(a) for “£50” there shall be substituted “£85” and in paragraph 2(b) for “£175” there shall be substituted “£300”;
c
in paragraph 3 for “£175” there shall be substituted “£300”;
d
in paragraph 4 for “£50” there shall be substituted “£85”;
e
after paragraph 4 there shall be inserted the following paragraph —
Identical variations
5
Where more than one application (not being a complex application) is made at the same time for the variation of a product licence, a manufacturer’s licence or a wholesale dealer’s licence for medicinal products, where the applications are for identical variations the fee payable under regulation 6(a) of these Regulations —
a
in connection with the first application considered by the licensing authority shall be the appropriate amount specified in this Part of this Schedule;
b
in connection with each of the other applications shall be 50% of that amount.
.
Amendment of Part IV of Schedule 1 to the principal Regulations
19
In Part IV of Schedule 1 to the principal Regulations (fees for applications for renewals of licences) —
a
in paragraph 1 —
i
before the words “The fee payable under Regulation 10(a)”, there shall be inserted the words “Subject to the provisions of paragraph 1A below”;
ii
in sub-paragraph (a) for “£100” there shall be substituted “£170”;
iii
in sub-paragraph (b) for “£500” there shall be substituted “£850”;
iv
in sub-paragraph (c) for “£750” there shall be substituted “£1,275”;
v
in sub-paragraph (d) for “£500” there shall be substituted “£850”;
b
after paragraph 1 there shall be inserted —
1A
Where more than one application is made at the same time for the renewal of a product licence for medicinal products which are identical except for their respective strengths, the fee payable under regulation 10(a) of these Regulations —
a
in connection with the first application considered by the licensing authority shall be the appropriate amount specified in paragraph 1 of this Part of this Schedule;
b
in connection with each of the other applications shall be 50% of that amount.
;
c
in paragraph 2 —
i
in sub-paragraph (a) for “£50” there shall be substituted “£85”;
ii
in sub-paragraph (b) for “£500” there shall be substituted “£850”;
d
in paragraph 3 for “£325” there shall be substituted “£550”.
Amendment of Schedule 2 to the principal Regulations
20
In Schedule 2 to the principal Regulations (fees for inspections) —
a
in paragraph 2 —
i
in sub-paragraph (a)(i) for “£750” there shall be substituted “£1,275”;
ii
in sub-paragraph (a)(ii) for “£1,500” there shall be substituted “£2,550”;
iii
in sub-paragraph (a)(iii) for “£3,000” there shall be substituted “£5,100”;
iv
in sub-paragraph (b)(i) for “£1,250” there shall be substituted “£2,125”;
v
in sub-paragraph (b)(ii) for “£2,500” there shall be substituted “£4,250”;
vi
in sub-paragraph (b)(iii) for “£5,000” there shall be substituted “£8,500”;
vii
in sub-paragraph (c)(i) for “£500” there shall be substituted “£850”;
viii
in sub-paragraph (c)(ii) for “£1,000” there shall be substituted “£1,700”;
ix
in sub-paragraph (c)(iii) for “£2,000” there shall be substituted “£3,400”;
x
in sub-paragraph (d) for “£50” there shall be substituted “£85”;
b
in paragraph 4(a) for “£650” there shall be substituted “£1,105” and in paragraph 4(b) for “£250” there shall be substituted “£425”.
Insertion of Schedule 2A in the principal Regulations
21
After Schedule 2 to the principal Regulations there shall be inserted the Schedule 2A set out in the Schedule to these Regulations.
Amendment of Schedule 3 to the principal Regulations
22
In Schedule 3 to the principal Regulations (waiver, reduction or refund of fees) —
a
in paragraphs 2(1) and 2(2) —
i
after “clinical trial certificate” there shall be inserted in each case “or for a variation to or for a renewal of a product licence”; and
ii
for “3(a) or 4” there shall be substituted in each case “3(a), 4, 6 or 10”;
b
after paragraph 4 there shall be inserted the following paragraph —
5
The fee payable in respect of each such application shall be waived where —
a
a product licence (parallel import) relates to a medicinal product in respect of which a separate marketing authorisation has been granted pursuant to the provisions of Council Directive 65/65/ EEC in more than one Member State of the European Economic Community; and
b
those marketing authorisations are indicated on the product licence (parallel import) as having been validly granted in those Member States; and
c
the holder of that licence applies for the grant of a separate product licence (parallel import) in respect of each marketing authorisation which has been granted and so indicated.
.
Virginia Bottomley
Minister of State
Department of Health
8th February 1990
I. Grist
Parliamentary Under Secretary of State, Welsh Office
7th February 1990
M. B. Forsyth
Parliamentary Under Secretary of State, Scottish Office
7th February 1990
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
7th February 1990.
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on
F. A. Elliot
Permanent Secretary
7th February 1990.
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland
W. J. Hodges
Permanent Secretary
7th February 1990.
We consent,
Stephen Dorrell
John M. Taylor
Two of the Lords Commissioners of Her Majesty’s Treasury
8th February 1990.


text:
Citation and commencement
1
These Regulations may be cited as the Glasgow College of Technology and Robert Gordon’s Institute of Technology (Change of Name) Regulations 1990 and shall come into force on 31st December 1990.
Change of name of the institutions
2
1
Glasgow College of Technology shall be re-named and known as “Glasgow Polytechnic” and Robert Gordon’s Institute of Technology shall be re-named and known as “The Robert Gordon Institute of Technology”.


text:
PART I
GENERAL
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Student Loans) Regulations 1990 and shall come into force on 1st August 1990.
2
These Regulations shall apply in relation to an academic year beginning on or after 1st August 1990.
Interpretation
2
1
In these Regulations, except where the context otherwise requires–
“the Act” means the Education (Student Loans) Act 1990;
“borrower” means a person to whom a loan has been made;
“eligible” means eligible for the purposes of section 1 of the Act read with regulation 3 and the Schedule to these Regulations;
“full-time course” means a sandwich course or a course–
which persons undertaking it are normally required by the institution providing it to attend (whether at premises of the institution or elsewhere) for periods of at least 24 weeks in each academic year of the course; and
the nature of which is such that a person undertaking it would normally require to undertake periods of study, tuition or work experience which together amount in each academic year to an average of at least 21 hours a week as respects the periods of attendance mentioned in sub-paragraph (a) above for the year;
“loan” means a loan towards a student’s maintenance out of money made available by the Secretary of State for that purpose pursuant to arrangements made by the Secretary of State by virtue of section 1 of the Act and includes the interest accrued on the loan and the amount of the loan from time to time outstanding;
“loans administrator” means any person or body for the time being exercising functions in relation to loans under arrangements made with the Secretary of State pursuant to paragraph 3 of Schedule 2 to the Act;
“periods of work experience” means periods of industrial, professional or commercial experience associated with full-time study at an institution but at a place outside the institution;
“refugee” means a person who is recognised by Her Majesty’s government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28th July 1951 as extended by the Protocol thereto which entered into force on 4th October 1967 or a person who enjoys asylum in the United Kingdom in pursuance of a decision of Her Majesty’s government though not so recognised, and any reference to the child of a refugee includes a reference to a person adopted in pursuance of adoption proceedings and a step-child; and
“sandwich course” means a course consisting of alternate periods of full-time study in an institution and periods of work experience so organised that, taking the course as a whole, the student attends the periods of full-time study for an average of not less than 19 weeks in each year; and for the purpose of calculating his attendance the course shall be treated as beginning with the first period of full-time study and ending with the last such period.
2
For the purposes of these Regulations an academic year which begins in the month of July in any year shall be deemed to begin in the month of August immediately following that month.
3
In these Regulations any reference to a regulation is a reference to a regulation of these Regulations, and any reference in a regulation to a paragraph is a reference to a paragraph of that regulation.
PART II
ELIGIBILITY FOR LOANS
Conditions of eligibility
3
1
A student attending a course of higher education of at least one academic year’s duration shall be eligible for a loan in relation to an academic year which begins on or after 1st August 1990 if–
a
his course of study during that academic year forms part or all of a full-time course or of a part-time course for the initial training of teachers; and
b
i
he satisfies the conditions prescribed in the Schedule to these Regulations;
ii
in respect of the course he satisfies one of the conditions of eligibility for an allowance set down in paragraphs (a), (b) and (f) of regulation 5 of the Students' Allowances (Scotland) Regulations 1987 ;
iii
on the first day of that academic year he is a refugee and he has been ordinarily resident in the British Islands and has not ceased to be so since he was first recognised as a refugee or was awarded asylum; or
iv
on the first day of that academic year he is the spouse or child of a person referred to in sub-paragraph (iii) above; and
c
he has entered into an agreement for the loan not later than the end of the period of 12 months beginning on 1st August in which that academic year begins; and
d
he is not a person to whom paragraph (2) applies.
2
This paragraph applies to a person who–
a
before the date on which the course begins has attained the age of fifty years; or
b
is undertaking a course of education leading to registration on Part 12, 13, 14 or 15 of the register maintained by the United Kingdom Central Council for Nursing, Midwifery and Health Visiting under section 10 of the Nurses, Midwives and Health Visitors Act 1979 and is eligible to receive payment of a bursary or salary out of funds paid by the Secretary of State under section 97 of the National Health Service Act 1977 or section 85(1) of the National Health Service (Scotland) Act 1978 ; or
c
is studying for the Postgraduate Certificate in Education as a participant in arrangements made by a local education authority for the training of teachers known as the “Articled Teachers Scheme”; or
d
is in breach of any obligation contained in any agreement for a loan; or
e
subject to paragraph (3) was a minor when any agreement for a loan was made with him and who has not ratified that agreement after attaining his majority.
3
In the case of an agreement for a loan which is subject to the law of Scotland, sub-paragraph (e) of paragraph (2) shall apply only if —
a
the agreement was made with the concurrence of the borrower’s curator; or
b
at the time the agreement was made the borrower had no curator.
4
A student shall not be eligible for a loan in relation to more than one academic year beginning in any period of twelve months beginning on 1st August in any year.
PART III
DESIGNATION OF COURSES
Designation of courses by Secretary of State
4
— For the purposes of section 1 of the Act the Secretary of State may designate courses of higher education at institutions other than institutions receiving support from public funds.
PART IV
LOANS: PRINCIPAL, INTEREST AND REPAYMENTS
Amounts of loans
5
1
Subject to paragraphs (3) and (4), in the case of a student attending a course at the University of London or at any institution within the area comprising the City of London and the metropolitan police district, the maximum amount of the loan in relation to any academic year shall be–
a
if the year is the final year of the course, £240 if he resides at his parents' home, and £340 if he does not; and
b
if the year is any other year of the course, £330 if he resides at his parents' home, and £460 if he does not.
2
Subject to paragraphs (3) and (4), in the case of any other student the maximum amount of the loan in relation to any academic year shall be–
a
if the year is the final year of the course, £240 if he resides at his parents' home, and £310 if he does not; and
b
if the year is any other year of the course, £330 if he resides at his parents' home, and £420 if he does not.
3
Where a student’s course includes a period of residence in a country other than the United Kingdom throughout an academic year, the maximum amount of the loan in relation to that academic year shall be £310 if the year is the final year of the course and £420 if it is not.
4
For the purposes of paragraphs (1) and (2) a year of a course for the Postgraduate Certificate in Education shall not be treated as a final year, and a person’s place of residence is his place of residence on the date a certificate is given in respect of him pursuant to regulation 11.
Interest
6
1
Loans shall bear interest at the percentage per annum specified in paragraph (2) being the rate appearing to the Secretary of State to be requisite for maintaining the value of the amount of the loans in real terms.
2
That percentage is the percentage increase between the retail prices index published by the Central Statistical Office of the Chancellor of the Exchequer for June 1989 and the retail prices index so published for June 1990.
Time and manner of repayments
7
1
Subject to regulations 8, 9 and 10 a borrower shall commence repayment of his loan on 1st April in the year following the final year of the course to which the loan relates or, if he did not complete the course, 1st April next following the date he ceased to attend the course.
2
Subject to regulations 8, 9 and 10 repayments shall be made in 60 monthly instalments calculated in accordance with paragraph (3) in the case of a borrower who has received a loan in relation to less than five academic years and in 84 such instalments calculated as aforesaid in all other cases.
3
On the date mentioned in paragraph (6) in each year the amount of the monthly repayment shall be calculated by dividing the aggregate amount of the loan outstanding at that date (including interest added during the preceding twelve months) and of interest which will accrue during the remaining period of repayment (on the assumption that the rate of interest will not change during that period) by the number of repayment instalments still to be paid, and during the period of twelve months beginning with that date the amount so calculated shall be the amount of the monthly repayment.
4
Repayments shall be made by direct debit from the borrower’s bank or building society account unless the loans administrator agrees otherwise.
5
Nothing in this regulation shall be taken to prevent a borrower from reducing or discharging his liability in respect of his loan with the agreement of the loans administrator sooner than required by the regulation, and where a borrower wishes so to reduce or discharge his liability the amount and time of repayments shall be determined by the loans administrator and paragraphs (2) and (3) shall no longer apply to the loan.
6
The date mentioned in paragraph (3) is 1st September except in relation to a person who ceases to attend a course during the period commencing on 1st September in any year and ending on the following 31st March, in which case the date is such date as the loans administrator considers appropriate.
Repayment by disabled borrowers
8
— In the case of a borrower receiving any disability-related benefit (as defined in regulation 9(5)) at the beginning of or at any time during the period of repayment determined in accordance with regulation 7, the loans administrator may do either or both of the following, namely:
a
allow the borrower to commence repayment of the loan at such date later than that provided by regulation 7 as the loans administrator considers appropriate;
b
allow the borrower such longer period for repayment of the loan than that provided by regulation 7 as the loans administrator considers appropriate.
Deferment and reduced repayments
9
1
Subject to the provisions of this regulation, a borrower shall be entitled to defer making repayments in respect of his loan if he satisfies the loans administrator that his gross income for any month does not exceed £965.
2
If a borrower falls within paragraph (1), he shall not be obliged to make repayments during a period of twelve months beginning with such date as may be determined by the loans administrator, being a date at any time earlier but not more than one month later than the date on which the loans administrator notifies the borrower that it is satisfied that he is entitled to defer making repayments.
3
Notwithstanding deferment a borrower may after giving notice to the loans administrator resume making repayments at any time before the end of the period of deferment.
4
In determining whether a borrower’s gross income in any month exceeds the amount specified in paragraph (1) no account shall be taken of any disability-related benefits paid to him in that month.
5
In paragraph (4) “disability-related benefits” means–
a
the benefits or allowances payable pursuant to the Social Security Act 1975 known as invalidity allowance , attendance allowance , severe disablement allowance , mobility allowance and industrial injuries benefit ; and
b
disability premium and severe disability premium payable pursuant to the Income Support (General) Regulations 1987 .
6
For the avoidance of doubt interest shall accrue on a loan during any period of deferment.
Cancellation
10
1
A borrower’s liability to make repayments in respect of all loans shall be cancelled if he dies or if he is a person to whom paragraph (2) applies.
2
This paragraph applies to a borrower who is not in breach of any obligation in relation to any loan and–
a
if he was aged less than forty when he last entered into an agreement for a loan, if he attains the age of fifty or if the loan for which he last entered into an agreement has been outstanding for not less than twenty five years (whichever event is the sooner); or
b
if he was aged not less than forty when he last entered into an agreement for a loan, if he attains the age of sixty.
PART V
HIGHER EDUCATION INSTITUTIONS: DUTIES
Duties of governing bodies in relation to loans
11
1
This regulation prescribes the steps to be taken by the governing body of each institution at which eligible students are attending courses for the purposes of, or in connection with, applications for loans.
2
The governing body shall as soon as practicable after the commencement of each academic year–
a
issue to any student on request an eligibility questionnaire provided by the loans administrator;
b
in respect of each eligibility questionnaire completed by a student and returned to them, take such steps as are reasonably practicable to verify the particulars inserted in the questionnaire by the student relating to his eligibility for a loan;
c
if the student’s eligibility cannot be determined solely by verifying the particulars on the questionnaire, take such other steps as are reasonably practicable for that purpose;
d
issue to each student in relation to whom they have taken the steps required by sub-paragraphs (a)–(c) and whom they consider to be eligible an eligibility form provided by the loans administrator for completion by the student;
e
certify to the best of their knowledge and belief the accuracy of the particulars in each completed eligibility form and the amount of loan to which they consider the student to be entitled;
f
send each form so certified to the loans administrator; and
g
issue to each student in relation to whom they have taken all other steps required by this paragraph and whom they consider to be eligible a loan application form provided by the loans administrator.
3
The governing body shall–
a
promptly notify the loans administrator in writing if a person in respect of whom they have certified eligibility in accordance with paragraph (2) ceases to be an eligible student otherwise than because he has completed the course;
b
keep records and copies of all documents except loan application forms which they are required by this regulation to issue or certify and a record of any steps taken by them to establish a student’s eligibility;
c
permit the loans administrator or the Secretary of State to inspect the records and copies at any reasonable time and provide them with reasonable facilities for that purpose; and
d
acknowledge receipt of all eligibility and application forms received by them from the loans administrator and provide to it on request brief particulars of such forms which they have issued.
4
Without prejudice to the generality of sub-paragraphs (b) and (c) of paragraph (2), the steps to be taken under those sub-paragraphs shall include verifying particulars given in the eligibility questionnaire by reference to–
a
in the case of a person in respect of whom an entry was made in a register of births kept in pursuance of the Births and Deaths Registration Act 1953 and the Registration Service Act 1953 , a certified copy of that entry;
b
in the case of a person in respect of whom an entry was made in the Adopted Children Register kept in pursuance of section 50 of the Adoption Act 1976 which contains a record of the date of the birth of the person, a certified copy of that entry;
c
in the case of a person in respect of whom an entry was made in a register of births kept in pursuance of the Registration of Births, Deaths and Marriages (Scotland) Act 1965 , an extract of, or an abbreviated certificate of birth relating to, that entry;
d
in the case of a person in respect of whom an entry was made in the Adopted Children Register kept in pursuance of section 45 of the Adoption (Scotland) Act 1978 which contains a record of the date of birth of the person, an extract of that entry; or
e
in the case of any other person except a refugee, his passport (if he holds one), and a letter or other document issued by a responsible person which contains particulars of his date, place and country of birth and his names at birth.
5
Nothing in this regulation shall require the governing body to–
a
take any steps to establish whether a student falls within sub-paragraph (2)(d) or (e) of regulation 3 (breach of loan agreement and minor’s failure to ratify loan agreement), and in considering whether a student is eligible the governing body shall disregard those sub-paragraphs; or
b
take any of the steps required by the regulation for the purposes of, or in connection with, loans in relation to a particular academic year after 30th June in the period of 12 months beginning on 1st August in which that academic year begins.
6
In this regulation –
“eligibility form” means a form requesting particulars from a student relevant to his eligibility for a loan and of his bank or building society account; and “responsible person” means a consular officer, minister of religion, medical or legal practitioner, established civil servant, teacher or a police officer.


text:
Citation and commencement
1
These Regulations may be cited as the National Health Service (General Ophthalmic Services) Amendment Regulations 1990 and shall come into force on 1st June 1990.
Amendment of terms of service
2
1
Schedule 1 to the National Health Service (General Ophthalmic Services) Regulations 1986 (terms of service) is amended in accordance with the following provisions of this regulation.
2
For paragraph 3 (arrangements for the provision of services) there is substituted: —
Premises at which general ophthalmic services are to be provided
3
1
Subject to sub-paragraph (2), a contractor shall provide general ophthalmic services only at an address which is included in relation to him in the ophthalmic list.
2
Where requested to do so by or on behalf of a patient, a contractor may agree to provide general ophthalmic services at the place at which the patient normally resides.
.
3
In paragraph 5 (notices) after the word “services” where it first occurs there are inserted the words “in accordance with paragraph 3(1)”.
4
In paragraph 9(5) (payments) the words from “; or” to “request” are omitted.
Signed by authority of the Secretary of State for Health
Virginia Bottomley
Minister of State,
Department of Health
10th May 1990


text:
1
This Order may be cited as the Combined Probation Areas (Bedfordshire) Order 1990 and shall come into force on 1st August 1990.
2
1
That part of Schedule 2 to the Combined Probation Areas Order 1986 which relates to the Bedfordshire Probation Committee shall be amended by omitting the entry in respect of the petty sessions area of North Bedfordshire and inserting in alphabetical order in column 1 “Bedford” and corresponding to that in column 3 “4”.
2
The four justices appointed to be members of the Bedfordshire Probation Committee by the justices for the petty sessional division of North Bedfordshire, before the re-naming of that division as the division of Bedford, shall continue to hold office as members of the Committee, as if they had been appointed by the justices for the re-named division, until 30th November 1992 and shall then cease to hold office but shall be eligible for re-appointment.
David Waddington
One of Her Majesty’s Principal Secretaries of State
Home Office
26th July 1990


text:
Citation and commencement
1
This Order may be cited as the Local Government Finance (Consequential Amendments) (Debt Administration) Order 1990 and shall come into force on 30th May 1990.
Amendment of orders under section 66(1) of the Local Government Act 1985
2
1
Article 2 of each of the Orders specified in paragraph (2) shall be amended by the substitution for the definition of “relevant authority” of the following definition —
“relevant authority” means a joint authority in relation to which a district council within the county is a constituent council,and any such council other than the designated council;
.
2
The Orders mentioned in paragraph (1) are —
The Local Government Reorganisation (Debt Administration) (Greater Manchester) Order 1986 ;
The Local Government Reorganisation (Debt Administration) (South Yorkshire) Order 1986 ;
The Local Government Reorganisation (Debt Administration) (Tyne and Wear) Order 1986 ;
The Local Government Reorganisation (Debt Administration) (West Midlands) Order 1986 ; andThe Local Government Reorganisation (Debt Administration) (West Yorkshire) Order 1986 .
Chris Patten
One of Her Majesty’s Principal Secretaries of State
22nd May 1990


text:
Citation and commencement
1
1
This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session Amendment No.1) (Miscellaneous) 1990 and shall come into force on 9th April 1990.
2
This Act of Sederunt shall be inserted in the Books of Sederunt.
Amendment of the Rules of the Court of Session
2
1
The Rules of the Court of Session shall be amended in accordance with the following sub-paragraphs.
2
In rule 74 (signeting; service; diligence etc )–
a
in paragraph (g)–
i
after the words “on the dependence of an action”, insert the words “or for authority to move an arrested vessel”;
ii
for the words from “letter addressed” to “pursuer”, substitute the word “motion”; and
iii
omit the words “, and his interlocutor shall be written on the principal summons”; and
b
in paragraph (h), after the words “on the dependence of an action”, insert the words “or for authority to move an arrested vessel”.
3
In rule 74A (citation and service) –
a
in paragraph (1)(b)(i), for the words “resident at, or depositing it in, the dwelling place”, substitute the words “person, or depositing it, in the dwelling place”;
b
in paragraph (1)(b)(ii), for the words from “in the hands of a responsible employee” to “of the defender at”, substitute the words “at, or depositing it in,”;
c
in paragraph (1)(b)(iii), for the words “depositing the citation in that place”, substitute the words “leaving the citation at, or depositing it in, that place”;
d
in paragraph (4)(a)–
i
after the words “dwelling place” insert the words “, registered office”; and
ii
at the end, insert the words “whose name and designation he shall ascertain and enter in the execution”; and
e
after paragraph (4)(b), insert the following sub-paragraph:–
c
where left with a person other than the defender, be placed in a sealed envelope (bearing the notice in paragraph (6)) the messenger-at-arms together with the summons or other document served.
.
4
In rule 78(d) (calling of summons), omit the words from “; and along with” to “a later date”.
5
In rule 83 (defences), omit paragraph (c).
6
In rule 89 (decree in absence) , omit paragraphs (g) and (h).
7
In rule 89B(1) (summary decree) , omit sub-paragraph (b).
8
In rule 102A (letters of request) , at the end, insert the following paragraph–
5
A person who is served with an order requiring him to give evidence, or is cited to attend to give evidence by virtue of such an order, may apply to the court by motion in the Single Bills to have the order varied or recalled.
.
9
After rule 134D (appeal in claim for provisional damages) insert the following section and rule:–
SECTION 12 LODGING OF DOCUMENTS FOUNDED ON
134E
Lodging of documents founded on
1
Any deed, writing or other document founded on by a party in his pleadings shall, so far as in his possession or within his control, be lodged in process by that party–
a
when founded on in the summons or condescendence annexed thereto, at the time of lodging the summons for calling;
b
when founded on in defences, at the time of lodging the defences;
c
when founded on in an adjustment to the pleadings, at the time when such an adjustment is intimated; and
d
when founded on in any minute, answers thereto or adjustments on such a minute and answers, at the time of lodging the minute or answers or intimating the adjustments, as the case may be.
2
Paragraph (1) shall be without prejudice to any power of the court to order production of any document or grant a commission and diligence for recovery of it.
3
Where a party fails to lodge a deed, writing or other document in accordance with paragraph (1), he may be found liable in the expenses of any order for prod uction or for commission and diligence for recovery of it obtained by another party to the action.
10
In rule 140–
a
in paragraph (d) (recall of arrestment in admiralty causes)–
i
after the words “such arrestment recalled”, insert the words “or to seek authority to move an arrested vessel”;
ii
for the words from “letter addressed” to “recall of the arrestment”, substitute the word “motion”; and
iii
omit the words from “; and the interlocutor recalling” to “the principal summons”.
b
after paragraph (d), insert the following paragraph:–
dd
Rule 74(h) shall apply to an application for recall of an arrestment on the dependence of an action or for authority to move an arrested vessel made after calling in an action in rem.
.
11
In rule 168A (defended consistorial actions) , omit paragraph (4).
12
In rule 170B (parental rights etc in consistorial causes) –
a
in paragraphs (6)(a)(iii) (intimation to third parties), for the words “parental rights” where it second occurs, substitute the word “custody”;
b
for paragraph (8), substitute the following paragraph:–
8
Applications after decree in relation to children. An application made after decree for, or for the variation or recall of, an order–
a
relating to the parental rights of a child;
b
under Part II of the Act of 1958; or
c
for aliment for a child under 18 years of age,
shall be made in the process of the original action.
;
c
for paragraph (9), substitute the following paragraph:–
9
Interim extract. A final decree in an action in which an application may be made under paragraph (8) shall be capable only of interim extract.
;
d
after paragraph (13) (application for interdict under the Family Law Act 1986 ), insert the following paragraphs:–
14
Applications for custody to which Part II of the Children Act 1975 applies–
a
Where in an action a person (“the minuter”) applies by minute for custody of a child, the court shall on granting leave to the minuter to be sisted as a party, order the minuter to give notice–
i
at the same time to each known parent of the child in Form 68 together with, where the minuter is not a parent, tutor, curator, or guardian of the child, a consent form in Form 69; and
ii
where the minuter is not a parent of the child and he resides in Scotland when the minute is presented, within seven days to the local authority within whose area the minuter resides in Form 70; or
iii
where the minuter is not a parent of the child and he does not reside in Scotland when the minute is presented, in Form 70 within such time as the court shall determine to such local authority as the court shall specify.
b
Where a parent, tutor, curator or guardian consents to the minuter being granted custody of a child, he shall–
i
complete and sign a consent form in Form 69;
ii
have his signature witnessed; and
iii
return the form to the minuter.
c
At any stage of the cause, where it appears to the court to be desirable in the circumstances of the case in order to safeguard the interests of a child, the court shall appoint a curator ad litem.
d
A curator ad litem appointed under sub-paragraph (c) shall have the following duties:–
i
to enquire into, so far as he considers necessary the matters averred in the minute and in any report by a local authority under sub-paragraph (e);
ii
to enquire into any other matters which appear to him to be relevant;
iii
to consider whether the granting of custody to the minuter is in the interests of the child;
iv
to perform such other duties as appear to him to be necessary or as the court may require; and
v
to prepare a report in relation to the exercise of the above duties.
e
On completion of a report under section 49(2) of the Children Act 1975 , the local authority shall–
i
lodge three copies of the report in process; and
ii
where a curator ad litem has been appointed, send a copy of the report to him.
f
The curator ad litem shall, on completion of his report, lodge three copies of it in process.
g
On receipt of the report of the local authority, and, where a curator ad litem has been appointed, the report of the curator ad litem, the General Department shall–
i
inform the minuter that a report has been lodged; and
ii
make available to the minuter, and to every other party, a copy of each report.
h
This paragraph shall, with the necessary modifications apply to a pursuer or defender who is not a parent of a child in respect of whom custody is sought as it applies to a person who applies by minute.
15
Referral to family conciliation service. In any action where the custody of, or access to, a child is in dispute, the court may, at any stage of the action where it considers it appropriate to do so and the parties to the dispute agree, refer that dispute to a specified Family Conciliation Service.
.
13
In rule 170D (applications for financial provision) –
a
in paragraph (2) (application by defender for financial provision in divorce action), after the word “seeks”, insert the following words “; and, where a defender makes such a claim, he may apply in his defences for a warrant to use any form of diligence which would be competent on the dependence had the claim been concluded for in a summons, and the application shall be made and dealt with as in like manner as, and any warrant granted shall have effect as if granted under, rule 84(c)”; and
b
at the end, insert the following paragraph:–
12
Subsequent applications for incidental orders. An application for an incidental order (within the meaning of section 14(2) of the Act of 1985) after the grant or refusal of decree shall be made by motion; and rule 170B(10) shall apply to a motion under this paragraph as it applies to a motion under that paragraph.
.
14
In rule 189 (Outer House petitions), after sub-paragraph (xxxvi) , insert the following sub-paragraph:–
xxxvii
Applications under any enactment unless otherwise provided in these rules or any other enactment,
.
15
In rule 194–
a
in the heading, for the words “lodged along with the petition”, substitute the word “marked”; and
b
omit the words from “; and, along with the petition” to “at a later date”.
16
After rule 194, insert the following rule:–
194A
Lodging of documents founded on
1
Any deed, writing or other document founded on by a party in his pleadings shall so far as in his possession or within his control, be lodged by that party–
a
when founded on in an adjustment to the pleadings, at the time when such an adjustment is intimated; or
b
in any other case, when the paper in which the document is founded on is lodged.
2
Paragraph (1) shall be without prejudice to any power of the court to order production of any document or grant a commission and diligence for recovery of it.
3
Where a party fails to lodge a deed, writing or other document in accordance with paragraph (1), he may be found li able in the expenses of any order for production or for commission and diligence for recovery of it obtained by another party to the petition.
.
17
After rule 200A (applications by judicial factors to Accountant of Court) , insert the following rule:–
200B
Applications to encroach on capital
1
In any case where the income from the estate of a ward is insufficient for the maintenance of the ward, the judicial factor may apply to the Accountant of Court for his consent to encroach on the capital of the estate for the purpose of maintaining the ward.
2
An application under paragraph (1) shall be made by letter and shall be supported by such information as the Accountant of Court may require.
3
The Accountant of Court shall–
a
appoint the judicial factor to intimate the making of the application in accordance with paragraphs (4) and (5); or
b
require him to apply by note to the court for special powers.
4
Where the Accountant of Court appoints intimation to be given under paragraph (3)(a), the judicial factor shall send by registered post or first class recorded delivery service to the persons specified in paragraph (5)–
a
a copy of the letter of application; and
b
a notice setting out–
i
the right of the person receiving the notice to object to the proposed encroachment by lodging any objections in writing with the Accountant of Court, and intimating a copy thereof to the judicial factor, within 28 days of the date on which the notice was posted; and
ii
that, in the absence of any such objection, the Accountant of Court may consent to the encroachment sought.
5
The persons to whom notice is to be given under paragraph (4) are–
a
the cautioner of the judicial factor;
b
the petitioner for the appointment of the judicial factor;
c
the ward, unless the circumstances of the ward are such that would warrant service on him of a petition for the appointment of his judicial factor being dispensed with;
d
the persons upon whom the petition for appointment of the judicial factor was served and whose whereabouts are known to the judicial factor; and
e
all other persons who have an interest in the estate and whose identity and whereabouts are known to the judicial factor.
6
The judicial factor shall, on serving a notice on any person under paragraph (4), send to the Accountant of Court a duly completed execution of service with a copy of the notice sent appended to it.
7
On the expiry of the period for lodging objections, where no objections have been lodged, the Accountant of Court may consent to the encroachment sought (subject to such conditions as he thinks fit) or require the judicial factor to apply to the court for special powers.
8
On the expiry of the period for lodging objections where objections have been lodged, the judicial factor shall apply to the court for special powers.
.
18
After rule 201B , insert the following section and rules:–
SECTION 2A CAUSES UNDER THE CRIMINAL JUSTICE (SCOTLAND) ACT 1987
201C
Interpretation
1
In this section, “the Act of 1987 ” means the Criminal Justice (Scotland) Act 1987 .
2
Words and expressions used in this section which are also used in the Act of 1987 have the same meaning as in that Act unless the context otherwise requires.
201D
Remits from the High Court of Justiciary
1
This rule applies where the High Court of Justiciary remits a case to the Court of Session under section 3(5) of the Act of 1987 for a decision on a question of fact or law as regards the assessment of the proceeds of drug trafficking.
2
The Deputy Principal Clerk, on receiving a case remitted from the High Court of Justiciary, shall have the case put out on the By Order Roll before a Division of the Inner House at the earliest opportunity for an order for further procedure and shall intimate the diet to the prosecutor and the accused.
3
Before the hearing on the By Order Roll, the prosecutor shall lodge in the Petition Department–
a
a process (consisting of an inventory of process, and interlocutor sheet, a duplicate inventory of process, a motion sheet and a minute of proceedings);
b
four copies of the relevant indictment; and
c
four copies of all other documents to be used at that hearing.
4
Not later than 48 hours before any subsequent hearing, parties shall lodge four copies of any further documents to be used at such a hearing.
5
After the court has decided the question in the case remitted to it, the Deputy Principal Clerk shall transmit the decision of the court to the Deputy Principal Clerk of Justiciary.
201E
Applications for restraint orders
1
An application under section 8(1) of the Act of 1987 for a restraint order, shall be made by petition presented to the Outer House and shall not be intimated.
2
Rules 191(aa), (b) and (c), 192 and 195 to 197 shall not apply to a petition to which this rule applies.
201F
General provisions in relation to restraint orders
1
The period within which an application other than an application by the Lord Advocate under section 8(2)(b) of the Act of 1987 to vary or recall a restraint order is to be made shall be 21 days of the applicant receiving notice of the restraint order.
2
Where a restraint order is made, the Lord Advocate shall serve a copy of it and of the petition on all persons named in the interlocutor as restrained by the order and give notice of it to all persons affected by the restraint order.
3
Rules 74A, 74B and 75 shall apply to the service of a copy of an order under paragraph (2) of this rule as they apply to citation and service of a summons.
201G
Miscellaneous applications
1
An application under section 8(2) (variation or recall of restraint order), 8(5) (recall of restraint order) or 11(1) or (5) (recall or restriction of arrestment or inhibition), of the Act of 1987 shall be made by motion in the process of the petition to which the application relates.
2
A motion under paragraph (1) shall include a brief statement of the reasons for the application; and the court may, at the hearing of the motion, order that the application be made by note.
3
A motion under paragraph (1) for an order under section 8(2)(b) of the Act of 1987 shall be intimated by recorded delivery letter on an induciae of 14 days and the applicant shall lodge in process a copy of the letter of intimation and the Post Office receipt of posting of the letter.
4
A motion under paragraph (1) by the Lord Advocate in relation to an application to extend a restraint order under section 8(2) of the Act of 1987 shall not be intimated.
5
An application under section 11(1) of the Act of 1987 (warrant for arrestment or inhibition) may be made in the prayer of the petition for a restraint order under section 8(1) of the Act of 1987 or, if made after presentation of the petition, by motion in that process and shall not be intimated.
6
An application under section 12 of the Act of 1987 (interdict) may be made in the prayer of the petition for a restraint order under section 8(1) of the Act of 1987 or, if made after presentation of the petition, by note in that process; and rule 201F(2) and
3
shall apply to the service of an interdict as it applies to the service of a restraint order.
7
An app lication under section 25(1) (variation of confiscation order) or 26(1) (compensation) of the Act of 1987 shall be made by petition presented to the Outer House.
8
An application by the Lord Advocate under section 41 of the Act of 1987 (disclosure of information by Government departments) may be made–
a
by petition presented to the Outer House;
b
where there is a restraint order in force, by note in the process of the application for the restraint order; or
c
where an administrator has been appointed, by note in that process.
201H
Applications for appointment of administrators
1
An application under section 13(1) of the Act of 1987 for the appointment of an administrator shall be made–
a
where a restraint order has been made, by note in the process of the application for the restraint order; or
b
in any other case, by petition presented to the Outer House.
2
Rules 191(aa), (b) and (c), 192 and 195 to 197 shall not apply to a petition to which this rule applies.
201J
Incidental applications in an administration
1
An application under section 13(1) (which is not made in the petition for appointment of an administrator) or 13(4) (making or altering a requirement or removal of administrator), 13(5) (appointment of new administrator on death, resignation or removal of administrator), 14(1)(n) (directions as to functions of administrator), or 16 (directions for application of proceeds) of the Act of 1987 shall be made by note in the process of the petition for appointment of the administrator under section 13(1) of the Act of 1987.
2
An application under section 14(1)(o) (special powers of administrator), 14(3) (vesting of property in administrator) or 24 (orders of realisation of property) of the Act of 1987 may be made in the prayer of the petition for appointment of an administrator under section 13(1) of the Act of 1987 or, if made after presentation of the petition, by note in that process.
201K
General provisions in relation to an administration
1
Notification by a clerk of court under section 13(3)(a) of the Act of 1987 to a person of a requirement to give possession of property to an administrator shall be made by intimation of a certified copy of the interlocutor making the requirement.
2
Where the court considers making an order under section 24(1) of the Act of 1987 to facilitate the realisation of property, it shall fix a date for a hearing on the Motion Roll (in the first instance) and the petitioner or noter, as the case may be, shall serve a notice in Form 71 on any person who has an interest in that property that such person may appear and make representations to the court at that hearing.
201L
Papers for Accountant of Court in an administration
1
A copy of the petition, answers and any other paper or document relative to the appointment of an administrator appointed under section 13(1) of the Act of 1987 shall, at the same time as they are lodged in the Petition Department, be supplied to the Accountant of Court by the petitioner, and copies of all interlocutors granting or refusing applications for special powers or directions shall be supplied, within two days of issue, to the Accountant of Court by the party making the application.
2
The clerks of the Petition Department shall transmit to the Accountant of Court, at any time at his request, the process or such part as he may require in an administration under Part I of the Act of 1987 which is in dependence before the court, in so far as such process may not be required at the time for the use of the court.
201M
Caution for administrator
A certified copy interlocutor of the appointment of an administrator appointed under section 13(1) of the Act of 1987 shall not be issued until the Accountant of Court has given written intimation to the Petition Department that he is satisfied with the caution found by the administrator.
201N
Duties of administrator
1
As soon as possible, but not later than three months, after the date of his appointment, the administrator shall lodge with the Accountant of Court–
a
an inventory of the property in respect of which he has been appointed;
b
all vouchers, securities and other documents which are in his possession; and
c
a statement of that property which he has in his possession or intends to realise.
2
An administrator shall maintain accounts of his intromissions with the property in his charge and shall–
a
lodge an account of his intromissions with the Accountant of Court in such form as the Accountant of Court may require–
i
six months after the date of his appointment; and
ii
at six monthly intervals after the first account during the subsistence of his appointment,
unless the Accountant of Court agrees to waive the lodging of an account where the administrator certifies that there have been no intromissions during a particular accounting period; and
b
lodge, with the account of his intromissions, all supporting vouchers and other documents as the Accountant of Court may require.
201P
State of funds and scheme of division
1
The administrator shall–
a
where there are funds available for division, prepare a state of funds after application of sums in accordance with section 16(1) of the Act of 1987 and a scheme of division amongst those who held property which has been realised under that Act and lodge them with the Accountant of Court, along with all relevant documents; or
b
where there are no funds available for division, prepare such a state of funds only and lodge it with the Accountant of Court; and
c
give to the Accountant of Court all explanations which may be required by him.
2
The Accountant of Court shall make a report in writing on the state of funds and scheme of division, containing such observations as he shall think fit and proper to be submitted to the court, and shall return the state of funds and scheme of division to the administrator together with a principal copy of his report.
3
The administrator shall, on receiving the report of the Accountant of Court–
a
lodge it in process together with the state of funds and scheme of division;
b
send a copy of the report of the state of funds and scheme of division to the Lord Advocate; and
c
send to each person who held property which has been realised under the Act of 1987 a notice by post intimating that the state of funds and scheme of division (or state of funds only, as the case may be), and the report of the Accountant of Court, have been lodged in court; stating the amount for which that person has been ranked, and whether he is to be paid in full, or by a dividend, and the amount thereof, or that no funds are available for payment.
201Q
Objections to scheme of division
1
A person wishing to be heard by the court in relation to the distribution of property under section 16(2) of the Act of 1987 shall lodge a note of objections signed by counsel in the process in which the scheme of division relates within 21 days of the date on which the notice under rule 201P(3)(c) was sent.
2
After the period for lodging a notice of objections has expired and no notice has been lodged, the administrator may enrol a motion for approval of the scheme of division.
3
After the period for lodging a notice of objections has expired and a notice of objections has been lodged, the court shall put the cause out for a hearing to approve, and if necessary adjust, the scheme of division.
201R
Appeals against determination of outlays and remuneration
1
An appeal under section 18(2) of the Act of 1987 against a determination by the Accountant of Court shall be by note in the process of the petition for appointment of the administrator.
2
Where a note is lodged under paragraph (1), the appeal shall be put out by order by the Keeper of the Rolls for a hearing before a Lord Ordinary as soon as convenient.
.
19
In rule 218N (applications for disqualification of company directors) , for paragraph (3), substitute the following paragraph:–
3
Rules 191 to 198 and 218 (except paragraphs (6) to (8)) shall apply to a petition under this rule; and the petition shall be intimated to the Secretary of State for Trade and Industry unless presented by him.
.
20
After rule 249A (registration of awards under the Arbitration (International Investment Disputes) Act 1966) , insert the following section and rule:–
SECTION 8A
249AA
Registration of awards under the Multilateral Investment Guarantee Agency Act 1988
Paragraphs 2, 3 and 5 to 9 of rule 249A shall apply, with the necessary modifications, to an award rendered under Article 4 of Annexe II to the convention referred to in section 1(1) of the Multilateral Investment Guarantee Agency Act 1988 as they apply to an award rendered under the convention referred to in section 1(1) of the Arbitration (International Investment Disputes) Act 1966 .
.
21
In section 8D –
a
for the cross-heading, substitute “RECIPROCAL ENFORCEMENT OF ORDERS IN RELATION TO CONFISCATION OF PROCEEDS OF CRIME”;
b
in rule 249S (interpretation), for the words ““the Act of 1986 ” means the Drug Trafficking Offences Act 1986”, substitute the words–
“the Act of 1987” means the Criminal Justice (Scotland Act 1987 ;
“the Act of 1988 ” means the Criminal Justice Act 1988 ;
;
c
in rule 249T(1) (application for registration)–
i
for the words “21(1) of the Act of 1986”, substitute the words “28(1) or 30(3) of the Act of 1987 or 91(1) of the Act of 1988”;
ii
for the words “section 20” substitute the words “section 27 of the Act of 1987 or section 90 of the Act of 1988”;
d
in rule 249U(1) and (2) (registration), for the words “Act of 1986” where they occur, substitute the words “Act of 1987 or the Act of 1988, as the case may be,”;
e
in rule 249W (suspension of enforcement), for the words “High Court in England and Wales”, substitute the words “court which made the order”;
f
in rule 249Y (applications for inhibition and arrestment), for the words “22(1) of the Act of 1986”, substitute the words “11(1) of the Act of 1987 as applied by sub-section (6) of that section or section 92(1) of the Act of 1988”.
22
After rule 257H (general power of court to direct procedure in patent actions) , insert the following section and rules:–
SECTION 9A APPLICATIONS UNDER THE TRADE MARKS ACT 1938 AND THE COPYRIGHT, DESIGNS AND PATENTS ACT 1988
257I
Applications under the Trade Marks Act 1938 and the Copyright, Designs and Patents Act 1988
1
An application under section 99, 195 or 230 of the Copyright, Designs and Patents Act 1988 (“the Act of 1988”) shall be–
a
by motion in a cause in dependence; or
b
by petition presented to the Outer House where there is no cause in dependence.
2
An application under section 114, 204 or 231 of the Act of 1988 shall be made–
a
by motion in a cause in dependence; or
b
by petition presented to the Outer House where there is no cause in dependence; and
the applicant shall intimate the application to all persons so far as reasonably ascertainable having an interest in the copy, article, recording or other thing which is the subject of the application, including any person in whose favour an order could be made in respect of the copy, article, recording or other thing under any of the said sections of the Act of 1988 or section 58C of the Trade Marks Act 1938 .
3
An application under section 58C of the Trade Marks Act 1938 shall be made by petition presented to the Outer House; and the petitioner shall intimate the petition to all persons so far as reasonably ascertainable having an interest in the goods or material which are the subject of the application, including any person in whose favour an order could be made in respect of the goods or material under that section or section 114, 204 or 231 of the Act of 1988.
257J
Applications for leave to proceed
1
Where leave of the court is required before a cause may proceed, the pursuer shall apply by motion for leave to proceed before the summons is signeted.
2
A motion under paragraph (1) shall be heard in chambers at which the solicitor for the pursuer may appear.
3
Where leave is granted by the court, a copy of the interlocutor allowing leave shall be served on the defender together with a copy of the summons and citation.
.
23
In rule 260B(5) (form of application for judicial review) , for the words “Form 39A”, substitute the words “Form 39D”.
24
In rule 260D (procedure in petition for custody of child) –
a
in paragraph (2)–
i
for the words “Form 53” in sub-paragraph (a), substitute the words “Form 68”;
ii
for the words “a relative, step-parent or foster parent” in sub-paragraph (a), substitute the words “not a parent, tutor, curator or guardian”;
iii
for the words “Form 54” in sub-paragraph (a), substitute the words “Form 69”;
iv
for the words “a relative, step-parent or foster” where they occur in sub-paragraphs (b) and (c) substitute the words “not a”;
v
for the words “Form 55” where they occur in sub-paragraphs (b) and (c), substitute the words “Form 70”;
b
in paragraph (3)–
i
after the word “parent”, insert the words “tutor, curator”;
ii
for the words “Form 54”, substitute the words “Form 69”; and
c
after paragraph (9), insert the following paragraph:–
10
In a petition in which custody of, or access to, a child is in dispute, the court may, at any stage of the cause where it considers it appropriate and the parties to the dispute agree, refer that dispute to a specified Family Conciliation Service.
.
25
For the cross-heading “SECTION 18” before rule 260P (registration and enforcement of custody orders under the Family Law Act 1986) , substitute the heading “SECTION 19”.
26
For paragraph (a) of rule 264 (reclaiming days and leave to reclaim) , substitute the following rule–
a
An interlocutor disposing either by itself, or taken along with a previous interlocutor or interlocutors of–
i
the whole subject-matter of the cause; or
ii
the whole merits of the cause but reserving, or not disposing of, the question of expenses,
pronounced in any cause initiated in the Outer House either by summons or by petition may be reclaimed against, without leave, not later than 21 days (whether in session or vacation) after the day on which the interlocutor was pronounced. In the case of such an interlocutor containing an award of custody, access or aliment, the marking of a reclaiming motion shall not excuse obedience to or implement of the award of custody, access or aliment unless by order of the Lord Ordinary or one of the Divisions of the Inner House or the Vacation Judge.
.
27
In rule 281(1) (revenue appeals) , after sub-paragraph (c), insert the following sub-paragraph:–
d
regulation 10 of the Stamp Duty Reserve Tax Regulations 1986 .
.
28
In rule 282(1)(b) (revenue appeals relating to penalties) , for “100(6)”, substitute “100C(4)”.
29
In rule 283 –
a
in the heading, at the end insert the words “Inheritance Tax or Stamp Duty Reserve Tax”;
b
in paragraph (1), for the words “paragraph 7(3) of Schedule 4 to the Finance Act 1975”, substitute the words “section 222(3) of the Inheritance Tax Act 1984 or regulation 8(3) of the Stamp Duty Reserve Tax Regulations 1986”;
c
in paragraph (2)–
i
omit the words “under the said paragraph 7(3)”;
ii
for the words “paragraph 6 of the said Schedule 4” substitute the words “section 221 of the said Act or regulation 6 of the said Regulations”;
d
in paragraph (3)(a), omit the words “under paragraph 7(1) of the said Schedule”;
e
in paragraph (7), omit the words “under paragraph 6 of the said Schedule 4”; and
f
after paragraph (12), insert the following paragraph:–
13
Where an appellant fails to comply with a time limit under this rule he shall be held to have abandoned his appeal.
.
30
In rule 347, in note 5 to Chapter II of the Table of Fees–
a
after the word “allowed”, insert the words “(whether or not the proof or trial proceeds)”; and
b
after the words “ensuing session”, insert the words “or, where the proof or trial does not proceed, within seven days after the date fixed for the proof or trial”.
31
In rule 348 (remit to Auditor of Court) , after paragraph (4), insert the following paragraph:–
5
Paragraphs (2)(b), (3) and (4) of this rule shall not apply in the case of a non-compearing defender.
.
32
In the Appendix–
a
Form 39A (form of petition in application for judicial review) shall be renumbered as Form 39D;
b
Form 53 (notice to parent of presentation of petition for custody of a child) shall be renumbered as Form 68;
c
Form 54 (consent of a parent or guardian to the granting of custody of a child to the petitioner) shall be renumbered as Form 69;
d
Form 55 (notice to local authority of presentation of petition for custody of a child) shall be renumbered as Form 70;
e
in Form 62 (intimation of decree and warrant for registration) –
i
in the heading, for the words “of the High Court in England and Wales under the Drug Trafficking Offences Act 1986 ”, substitute the words “under the Criminal Justice (Scotland) Act 1987 or the Criminal Justice Act 1988 ”;
ii
in the instance, for the words “21 of the Drug Trafficking Offences Act 1986 for registration of an order of the High Court in England and Wales”, substitute the words “28 of the Criminal Justice (Scotland) Act 1987 [or 91 of the Criminal Justice Act 1988] for registration of an order of (name of court)”;
iii
in the second paragraph, for the words “High Court of Justice in England and Wales”, substitute the words “(name of court)”.
f
in Form 68 –
i
after the word “parent” wherever it occurs in italics, insert the words “, tutor, curator”;
ii
for the words “[or guardian]” wherever they occur, substitute the words “[or tutor, curator, guardian as the case may be]”;
g
in Form 69 for the words “[or guardian]”, substitute the words “[or tutor, curator, guardian as the case may be”; and
h
at the end, insert Form 71 in the Schedule to this Act of Sederunt.
Revocation
3
The Act of Sederunt (Computer Evidence in the Court of Session) 1969 is hereby revoked.
J.A.D. Hope
Lord President, IPD
Edinburgh
16th March 1990


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Doncaster Royal Infirmary and Montagu Hospital National Health Service Trust (Establishment) Order 1990 and shall come into force on 17th December 1990.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 17th December 1990;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Doncaster Royal Infirmary and Montagu Hospital National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Doncaster Royal Infirmary and Montagu Hospital National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to own and manage hospital accommodation and services at the Doncaster Royal Infirmary, Doncaster, South Yorkshire DN2 5LT and associated hospitals.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 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 Doncaster 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 Doncaster 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 Doncaster 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