text:
Title and commencement
1
These Regulations may be cited as the Dairy Produce Quotas Regulations 1991 and shall come into force on 29th October 1991.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“additional milk product” means dairy produce other than milk, butter, cream or cheese;
“agricultural area” includes areas used for horticulture, fruit growing, seed growing, dairy farming and livestock breeding and keeping, areas of land used as grazing land, meadow land, osier land, market gardens and nursery grounds and areas of land used for woodlands where that use is ancillary to the farming of land for other agricultural purposes;
“ Commission Regulation ” means Commission Regulation ( EEC )1546/88 laying down detailed rules for the application of the levy as amended by the Commission Regulations listed in Schedule 3;
“Community reserve” has the meaning assigned to it by Article 5c(4) of Council Regulation 804/68 ;
“Community legislation” means Article 5c of Council Regulation 804/68, Council Regulation 857/84 and the Commission Regulation;
“consent or sole interest notice” means a notice, in relation to a holding or part of a holding, signed by the person required under these Regulations to provide the notice, that either —
he is the occupier of that holding or part of a holding and no other person has an interest in that holding or part of the holding, or
all persons having an interest in the holding or part of the holding the value of which interest might be reduced by the apportionment or prospective apportionment to which the notice relates agree to that apportionment or proposed prospective apportionment;
“Council Regulation 804/68” means Council Regulation (EEC) No. 804/68 on the common organisation of the market in milk and milk products as amended by the Regulations listed in Schedule 1;
“Council Regulation 857/84” means Council Regulation (EEC) No. 857/84 adopting general rules for the application of the levy in the milk and milk products sector, as amended by the Regulations listed in Schedule 2;
“ Council Regulation 775/87 ” means Council Regulation (EEC) No. 775/87 temporarily withdrawing a proportion of the reference quantity mentioned in Article 5c(1) of Council Regulation 804/68;
“ Council Regulation 3880/89 ” means Council Regulation (EEC) No. 3880/89 amending Council Regulation 857/84;
“cow” includes a heifer that has calved;
“dairy enterprise” means an area stated by the occupier of that area to be run as a self-contained dairy produce business;
“dairy produce” means the produce, expressed in kilograms or litres (one kilogram being 0.97116 litres) of milk, in respect of which levy is payable under the Community legislation;
“Dairy Produce Quota Tribunal” has the meaning assigned to it by regulation 35;
“dairy unit” means a building or a set of buildings used for the production of dairy produce, the address of which is registered as part of the particulars required under these Regulations or, if not so registered, is registered for any purpose by a milk marketing board or under any enactment relating to conditions to be observed in the production of dairy produce;
“delivery” has the meaning assigned to it by Article 12(g) of Council Regulation 857/84 (which sets out definitions) and “deliver” shall be construed accordingly;
“development claim” means a claim based on Article 3(1) of Council Regulation 857/84 (which deals with milk production development plans and investments);
“direct sale” means a sale referred to in Article 12(h) of Council Regulation 857/84;
“direct sales quota” means quantity of dairy produce which may be sold by direct sale from a holding in a quota year without the direct seller in occupation of that holding being liable to pay levy;
“direct seller” means a producer selling dairy produce by direct sale;
“division” means a part of a holding in a region where the remainder of the holding is in another region;
“eligible heifer” means any heifer, which, at the date of service of the notice referred to in regulation 18(2)(b), was on land subject to the notice and calves for the first time on a day when the notice has effect or which at the date of making the order referred to in regulation 18(2)(c) was on land designated by the order and calves for the first time on a day when the order is in force;
“farming press” means any newspaper, journal or similar publication considered by the Minister to be likely to be read by producers and purchasers;
“Formula B” has the meaning assigned to it by Article 5c(1) of Council Regulation 804/68 (which deals with implementation of the levy);
“Gazette” means, as respects anything in these Regulations relating to —
England and Wales, the London Gazette,
Scotland, the Edinburgh Gazette,
Northern Ireland, the Belfast Gazette, and
the United Kingdom, the London, Edinburgh and Belfast Gazettes;
“holding” has the meaning assigned to it by Article 12(d) of Council Regulation 857/84, but in relation to any region, it means the division of the holding in that region;
“identification” means a description of a holding specifying —
the address of the producer farming the holding, and
such other particulars, if any, as the Minister may require,
and “identify” and “identified” shall be construed accordingly;
“interest” includes the interest of a mortgagee or heritable creditor and a trustee, but does not include the interest of a beneficiary under a trust or settlement or, in Scotland, the estate of a superior;
“ Intervention Board ” means the Intervention Board for Agricultural Produce established under section 6(1) of the European Communities Act 1972;
“levy” means the levy, payable under the Community legislation to the competent authority referred to therein, described in Article 1 of Council Regulation 857/84 (which deals with the fixing of the levy);
“milk marketing board” means a milk marketing board constituted under the Agricultural Marketing Act 1958 or the Agricultural Marketing Act (Northern Ireland) 1964 ;
“Minister”, as respects anything in these Regulations relating to —
England and Wales, means the Minister of Agriculture, Fisheries and Food and the Secretary of State for Wales acting jointly;
Scotland, means the Secretary of State for Scotland;
Northern Ireland, shall be construed in accordance with paragraph (3), and
the United Kingdom, means the Ministers;
“Ministers” means all those to whom the definition of “the Minister” relates, acting jointly;
“national direct sales reserve” means the reserve constituted under regulation 7(1) of the 1984 Regulations for the purpose of Article 6(3) of Council Regulation 857/84 (which enables Member States to constitute a reserve from the national direct sales quota);
“national wholesale quota” means quota applied for the time being to the United Kingdom or any part thereof by or under Article 5c(3) and (4) of Council Regulation 804/68;
“new region” means a region the establishment of which is announced under regulation 6(1);
“occupier” includes, in relation to land in respect of which there is no occupier, the person entitled to grant occupation of that land to another person;
“old region” means a region the discontinuance of which is announced under regulation 6(1);
“producer” has the meaning assigned to it by Article 12(c) of Council Regulation 857/84;
“prospective apportionment” in relation to quota on a holding means apportion ment of quota ascertained under regulation 13 which will take place if there is a change of occupation of a part of the holding to which the prospective apportion ment relates within six months of that prospective apportionment;
“purchaser” has the meaning assigned to it by Article 12(e) of Council Regulation 857/84;
“purchaser details” means in relation to a producer, the name and address of any purchaser to whom that producer delivers, or intends to deliver, dairy produce by wholesale delivery and the proportions of that dairy produce which he delivers or intends to deliver to each;
“purchaser quota” means quantity of dairy produce which may be delivered by wholesale delivery to a purchaser, from holdings in a region, during a quota year without that purchaser being liable to pay levy;
“purchaser special quota” means the quantity of dairy produce which may be delivered by wholesale deliveries against producers' special quotas to a purchaser, from holdings in a region, during a quota year without that purchaser being liable to pay levy;
“qualifying cow” means any eligible heifer which calves at a time when the number of eligible heifers exceeds the replacement number;
“qualifying day” means, in respect of any qualifying cow, the day it calves and each day or part of a day thereafter during which the notice referred to in regulation 18(2)(b) has effect or during which the order referred to in regulation 18(2)(c) is in force;
“quota” means direct sales quota or wholesale quota, as the case may be;
“quota year” means any of the periods of 12 months described in the first subparagraph of Article 5c(1) of Council Regulation 804/68 (which deals with periods in respect of which levy is payable);
“regions” means regions into which the United Kingdom is divided for the purposes of Article 1(2) of Council Regulation 857/84 (which deals with regions);
“regional wholesale quota” has the meaning assigned to it by regulation 6(1);
“registered wholesale quota” means quota registered in accordance with regulation 28(2)(a);
“replacement number” means the nearest integer to 22 per cent of the total number of dairy cows on the land subject to the notice referred to in regulation 18(2)(b), or designated by the order referred to in regulation 18(2)(c), as at the date of service of the notice or (as the case may be) the coming into force of the order, and where 22 per cent of the total number is half way between two integers the nearest even integer shall be deemed to be the nearest integer;
“running regional wholesale reserve” means a reserve constituted under regulation 5(9) or 7(2)(b) of the 1984 Regulations, regulation 6(2) or 9 of the 1986 Regulations , regulation 7(2) or 13 of the 1989 Regulations or regulation 6(2) or 15 of these Regulations;
“secondary wholesale quota” means wholesale quota which was allocated under paragraph 12(5) of Schedule 2 to the 1984 Regulations in consequence of a claim based on Article 3(1) or (3) of Council Regulation 857/84 or Article 3 of the Commission Regulation;
“special quota” means quota which is subject to the restrictions referred to in the second indent of Article 3a(4) of Council Regulation 857/84;
“suspended quota” means quota which is the subject of a compensation payment under Article 2 of Council Regulation 775/87;
“the 1984 Regulations” means the Dairy Produce Quotas Regulations 1984 ;
“the 1986 Regulations” means the Dairy Produce Quotas Regulations 1986 ;
“the 1989 Regulations” means the Dairy Produce Quotas Regulations 1989 ;
“total direct sales quota” means the total quantity of dairy produce which may be sold by direct sale from a holding in a quota year without the direct seller in occupation of that holding being liable to pay levy;
“total purchaser quota” means the quantity of dairy produce which may be delivered by wholesale delivery to a purchaser during a quota year without that purchaser being liable to pay levy;
“total wholesale quota” means the total quantity of dairy produce which may be delivered by wholesale delivery from a holding in a region in a quota year without the producer in occupation of that holding being liable to pay levy;
“transferee” means a person who replaces another person as occupier of a holding or part of a holding;
“transferor” means a person who is replaced by another person as occupier of a holding or part of a holding;
“wholesale delivery” means delivery from a producer to a purchaser;
“wholesale quota” means quantity of dairy produce which may be delivered by wholesale delivery to a purchaser (to the extent specified in relation to that purchaser under these Regulations), from a holding in a quota year without the producer in occupation of that holding being liable to pay levy; save that for the purposes of the Agriculture Act 1986 “wholesale quota” includes in addition the quantity of dairy produce which could have been so delivered had it not been the subject of a compensation payment under Article 2 of Council Regulation 775/87.
2
In these Regulations, unless the context otherwise requires —
a
any reference to a numbered regulation or Schedule shall be construed as a reference to the regulation or Schedule so numbered in these Regulations,
b
any reference in a regulation or Schedule to a numbered paragraph shall be construed as a reference to the paragraph so numbered in that regulation or Schedule, and
c
any reference in a paragraph to a numbered or lettered subparagraph shall be construed as a reference to the subparagraph so numbered or lettered in that paragraph.
3
In their application to Northern Ireland these Regulations shall have effect with the substitution, for references to the Minister, of references to the Department of Agriculture for Northern Ireland.
Establishment of quota
3
Total direct sales quota and total wholesale quota for any person and purchaser quota for any purchaser in respect of any quota year shall be established in accordance with these Regulations and the Community legislation.
Formula B
4
For the purposes of Article 5c(1) of Council Regulation 804/68 the levy system shall be implemented in accordance with Formula B.
Milk equivalence of cheese
5
1
For the purposes of Article 11 of the Commission Regulation (which deals with milk equivalence of cream, butter and cheese) the milk equivalence of cheese shall be calculated on the basis that each kilogram of cheese shall equal such quantity of milk referred to in paragraph (2) as is required to make that kilogram of cheese.
2
The milk to which paragraph (1) relates is milk the fat content of which has not been altered since milking.
Regions
6
1
The Minister shall, in respect of each quota year, announce by advertisement published in the Gazette and the farming press any change in the regions into which the United Kingdom is divided for the purposes of Article 1(2) of Council Regulation 857/84 (which deals with regions) and the allocation from the national wholesale quota of a regional wholesale quota for each region.
2
Subject to paragraph (3) where, in respect of any quota year, the regional wholesale quota allocated for a region is increased in relation to the preceding quota year, the wholesale quota so added shall create, or be added to, the running regional wholesale reserve for that region.
3
Paragraph (2) shall not apply in relation to that part of the regional wholesale quota which consists of special quota awarded to producers in that region.
4
Where, in respect of any quota year, the regional wholesale quota allocated for a region is reduced in relation to the preceding quota year the wholesale quota so subtracted shall be satisfied from the wholesale quota (other than quota issued from the Community reserve) of all persons in proportion to the wholesale quota of each (the reduction of purchaser quota to be calculated in accordance with those reductions of wholesale quota).
5
Where in respect of a quota year the direct sales quota is reduced in relation to the preceding quota year, the quota so subtracted shall be satisfied from all persons with direct sales quota in proportion to the direct sales quota of each.
6
Where, in respect of any quota year, there is a change of regions as described in paragraph (1), the following shall be deemed to have taken place, for the purposes of these Regulations, immediately before the end of the preceding quota year —
a
the adjustment of wholesale quota applicable to any holding affected by the change in accordance with the following calculations —
i
where any holding in more than one old region is in one new region, by aggregating the total wholesale quota relating to that holding;
ii
where any holding in one old region is in more than one new region, by allocating wholesale quota in accordance with paragraph (7) in relation to divisions in new regions;
iii
where any holding in more than one old region is in more than one new region but in different divisions, by aggregating the total wholesale quota relating to that holding and allocating wholesale quota in accordance with paragraph (7) in relation to divisions in new regions;
b
the calculation of the running regional wholesale reserve of each new region by aggregating the running regional wholesale reserves of each of the old regions and dividing the aggregate among the new regions proportionally in accordance with the total wholesale quota then allocated in each new region;
c
the calculation of the regional wholesale quota of each new region by adding to its aggregate of wholesale quotas (taking account of subparagraph (a)) its running regional wholesale reserve calculated under subparagraph (b).
7
An allocation is made in accordance with this paragraph by allocating to the division of a holding which contains the dairy unit (where that holding contains a single dairy unit) the total wholesale quota relating to that holding or (in respect of any other holding) allocating to each division of that holding a part of the total wholesale quota relating to that holding calculated proportionally in accordance with the area of that division.
8
The Minister may at any time reallocate the national wholesale quota among the regions, and where such reallocation is unable to be achieved by the transfer of wholesale quota between running regional reserves, may reduce the regional wholesale quota allocated for a region, the reduction being satisfied from the wholesale quota (other than quota issued from the Community reserve) of all persons in that region in proportion to the wholesale quota of each person and may pay compensation to persons whose entitlement to quota is so reduced and shall announce these arrangements by advertisement published in the Gazette.
9
For the purpose of any reallocation of national wholesale quota under paragraph (8) the Minister may remove wholesale quota from any running regional wholesale reserve and add it to any other running regional wholesale reserve.
Adjustment of purchaser quota
7
1
Where any wholesale quota is increased or reduced in accordance with the Community legislation or these Regulations, the purchaser quota of any purchaser to whom that quota is applicable shall be correspondingly increased or reduced.
2
On any transaction to which Article 7(2) of Council Regulation 857/84 or Article 9(1)(d) of the Commission Regulation (which between them deal with replacements of purchasers and changes by producers from one purchaser to another) applies, any purchaser whose purchaser quota has been increased by virtue of that transaction shall, no later than a date 21 days after the date of the transaction, submit to the Minister —
a
a statement of the transaction, that is to say a statement setting out (in accordance with Article 7(2) of Council Regulation 857/84 where applicable) the following particulars —
i
the nature of the transaction;
ii
the parties to the transaction;
iii
the changes of purchaser quota of any purchaser to whom the transaction relates;
iv
the changes in respect of matters referred to in the list, mentioned in regulation 28(2)(a)(ix) forming part of the wholesale register entry of each producer to whom the transaction relates; and
b
a declaration signed by the producer and the purchaser whose purchaser quota is to increase that the purchaser whose purchaser quota is to decrease has been notified of the changes the particulars of which are set out in the statement of the transaction referred to in subparagraph (a).
3
i
Subject to subparagraph (ii), where during a quota year a producer changes from making deliveries to a purchaser to making deliveries to any other purchaser, for the purposes of calculation of levy liability under regulation 21 in that quota year, any of the purchasers to whom he commences making deliveries shall have its purchaser quota increased by an amount equivalent to such part of that producer’s registered wholesale quota as the producer shall determine.
ii
The amount of the increase of purchaser quota determined in accordance with subparagraph (i) shall not include the amount of quota necessary to cover the deliveries made by the producer before the date of the change of purchaser, adjusted if necessary in accordance with Article 12(2) of the Commission Regulation, which shall remain available to the original purchaser.
iii
At the end of the quota year referred to in subparagraph (i) each of the purchasers to whom the producer commences making deliveries shall have its purchaser quota increased by such part of the producer’s remaining registered wholesale quota as he shall determine.
4
The Minister may provide such forms as he reasonably considers to be necessary for the purposes of this regulation.
Transfer of quota
8
1
For the purposes of Article 7 of Council Regulation 857/84 and Article 7 of the Commission Regulation (transfer of quota when any holding is sold, leased or transferred by inheritance) on a transfer of any holding or part of a holding, other than a transfer of a kind to which paragraph (7) refers, the transferee shall submit to the Minister —
a
within two months of the change of occupation of the holding or part of a holding, a duly completed form prescribed for this purpose from time to time by the Minister, and
b
such other evidence relating to the transfer, and within such time, as the Minister may reasonably require.
2
Notwithstanding paragraph (1) above, the Minister may decide, in respect of transfers of any holding or part of a holding in a quota year which have not been notified to him in writing by the transferee before a date to be determined by him in the following quota year, that for the purposes of any levy calculation —
a
the unused quota transferred with such transfers shall not be treated as a part of the transferee’s quota entitlement for the quota year in which the transfer took effect but shall be treated as if it remained unused quota available for reallocation by the Minister in the year in which the transfer took place, and
b
a transferee shall not be entitled to demand that, by reason of such a transfer, an amendment be made to the amount of quota, if any, which has been reallocated to him under Schedule 8 for the quota year in which the transfer took effect.
3
A decision by the Minister, together with the date determined by him under paragraph (2) above, shall be announced by advertisement published in the Gazette and the farming press at least two months before that date or, in the event that such publication is not possible for any reason, by such other means of publication as the Minister considers likely to come to the attention of producers.
4
Where there is a transfer of the entirety of a holding it shall be presumed that the transferee intends to deliver dairy produce from the holding by wholesale delivery to the purchasers named, and in the proportions listed, in the transferor’s entry in the wholesale register.
5
Where there is a transfer of part of a holding —
a
an apportionment of the quota relating to the holding shall be carried out in accordance with regulation 11, and
b
dairy produce previously sold by direct sale or delivered by wholesale delivery from the holding in the quota year in which the change of occupation takes place shall be deemed, for the purposes of any levy, to have been sold or delivered from each part of the holding proportionally in accordance with that apportionment.
6
A prospective apportionment of quota in respect of a part of a holding may be made in accordance with regulation 13.
7
This regulation shall not apply to the following —
a
a licence to occupy land,
b
the tenancy of any land under which a holding, or part of a holding, in England and Wales is occupied for a period of less than ten months,
c
the lease of any land under which a holding, or part of a holding, in Scotland is occupied for a period of less than eight months,
d
the tenancy of any land under which a holding, or part of a holding, in Northern Ireland is occupied for a period of less than twelve months,
e
the termination of a tenancy or lease to which sub-paragraph (b), (c) or (d) applies.
8
Paragraphs (1), 5(a), (6) and (7) and the words “Notwithstanding paragraph (1) above” in paragraph (2) shall not apply in relation to special quota.
Effect of land transfers on special quota
9
1
Subject to paragraph (3) and (4) where a producer has special quota registered in his name —
a
that special quota shall be returned to the running regional wholesale reserve or national direct sales reserve if the holding is sold or leased by the producer; and
b
a proportion of that special quota shall be returned to the running regional wholesale reserve or national direct sales reserve if only part of the holding is sold or leased by the producer.
2
The proportion of the special quota which is to be returned to the running regional wholesale reserve or national direct sales reserve in accordance with paragraph (1)(b) shall be the same proportion which the agricultural area of the holding sold or leased bears to the total agricultural area farmed by the producer.
3
This regulation shall not apply where the transfer of the holding or any part of it is effected by means of the following —
a
a licence to occupy land,
b
the tenancy of any land under which a holding, or part of a holding, in England and Wales is occupied for a period of less than 10 months,
c
the lease of any land under which a holding, or part of a holding, in Scotland is occupied for a period of less than 8 months,
d
the tenancy of any land under which a holding, or part of a holding, in Northern Ireland is occupied for a period of less than 12 months.
4
No part of the special quota shall be returned to the running regional wholesale reserve or national direct sales reserve where the holding or any part of it is transferred —
a
on inheritance,
b
by gift for which no consideration is given,
c
by the granting of a tenancy following a direction under section 39 or section 53 of the Agricultural Holdings Act 1986 (direction for grant of tenancy to successor on death or retirement of previous tenant),
d
by the granting of a tenancy (following a direction under section 39 of that Act) in circumstances within section 45(6) of that Act (new tenancy granted by agreement to persons entitled to tenancy under direction),
e
by the granting of such a tenancy as is referred to in section 37(1)(b) or (2) of that Act (tenancy granted by agreement to close relatives),
f
by the granting of a tenancy other than under paragraphs (c), (d) or (e) of this regulation by the landlord to a successor of a tenant who has died or retired,
and the person to whom the holding or any part of it is transferred undertakes to comply with the undertakings of his predecessor under Article 3a of Council Regulation 857/84.
Notification of transfer of holding in relation to special quota
10
1
Subject to paragraph (2) where a producer has a special quota registered in his name and intends to transfer the whole or a part of his holding he shall submit to the Minister —
a
before making such transfer a duly completed form prescribed for this purpose from time to time by the Minister, and
b
such other evidence relating to the proposed transfer, and within such time, as the Minister may reasonably require.
2
Where a transfer takes place of a holding or part of a holding as is referred to in regulation 9(4), the transferee shall submit to the Minister —
a
a duly completed form prescribed for this purpose from time to time by the Minister, and
b
such other evidence relating to the proposed transfer, and within such time, as the Minister may reasonably require.
Apportionment of quota
11
Subject to regulations 9, 12, 13(4) and 14, where there is a transfer of part of a holding the apportionment of the quota relating to that holding shall be carried out —
a
where within two months of the change of occupation the transferee submits to the Minister —
i
a duly completed form in accordance with regulation 8(1)(a),
ii
a statement, signed by the transferor and the transferee, that they have agreed that the quota shall be apportioned according to areas used for milk production as specified in the statement, and
iii
a consent or sole interest notice provided by the transferor or his personal representative in respect of the entirety of the holding,
in accordance with the agreement specified in subparagraph (ii),
b
in all other cases —
i
in England and Wales and Northern Ireland by arbitration in accordance with Schedules 4 and 6 respectively,
ii
in Scotland in accordance with Schedule 5.
Apportionment of special quota
12
Where there is a transfer of part of a holding to which regulation 9(4) applies, the apportionment of the special quota relating to that part of the holding shall be carried out —
a
where within two months of the change of occupation the transferee submits to the Minister —
i
a duly completed form in accordance with regulation 10(2)(a),
ii
a statement, signed by the transferor and the transferee, that they have agreed that the special quota shall be apportioned according to areas used for milk production as specified in the statement, and
iii
a consent or sole interest notice provided by the transferor or his personal representative in respect of the entirety of the holding,
in accordance with the agreement specified in subparagraph (ii),
b
in all other cases —
i
in England and Wales and Northern Ireland by arbitration in accordance with Schedules 4 and 6 respectively,
ii
in Scotland in accordance with Schedule 5.
Prospective apportionment of quota
13
1
The occupier of the holding in respect of which the prospective apportion ment of quota is to be applied shall submit to the Minister a statement —
a
identifying the parts of the holding to which the prospective apportionment is to relate,
b
containing such information relating to the holding as may reasonably be required by the Minister, and
c
requesting either —
i
that a prospective apportionment of quota relating to the holding be made according to areas used for milk production as at the date of the statement as specified in the statement, or
ii
that a prospective apportionment of quota be ascertained by arbitration in accordance with Schedule 4 in England and Wales and Schedule 6 in Northern Ireland, and in Scotland in accordance with Schedule 5.
2
The prospective apportionment of quota shall be made in accordance with Schedule 4, 5 or 6, as the case may be, unless a prospective apportionment has been specified in accordance with paragraph 1(c)(i) and the occupier sends to the Minister a consent or sole interest notice in respect of the entirety of the holding, in the case of which, subject to regulation 14, the prospective apportionment shall be as so specified.
3
A prospective apportionment of quota may be revoked by a notice in writing to the Minister, signed by the occupier of the holding to which the prospective apportionment relates and accompanied by a consent or sole interest notice in respect of that holding, that the occupier no longer wishes that prospective apportionment to have effect.
4
Where there is a change of occupation of part of a holding and within the six months preceding that change of occupation —
a
the occupier of that holding has submitted a statement referred to in paragraph (1) in respect of that part of that holding, or
b
a prospective apportionment of quota relating to that part of that holding has been made by an arbitrator under Schedule 4 or 6, or under Schedule 5,
the apportionment of quota shall be carried out in accordance with —
i
any prospective appointment of quota relating to that part of that holding made under paragraph (2) and not revoked under paragraph (3),
ii
if there is no such prospective apportionment, any prospective apportionment which is in the process of being made under paragraph (2) by virtue of a statement relating to that part of that holding under paragraph (1),
iii
in any other case, regulation 8.
5
The Minister shall maintain a record of each prospective apportionment made under this regulation.
Notification by the Minister of apportionment of quota by arbitration
14
Where the Minister has reasonable grounds for believing —
a
that the areas used for milk production on a holding are not as specified in a statement made for the purpose of regulation 10, 11 or 13(1), or
b
that the areas used for milk production on a holding were not as agreed between the parties at the time of apportionment notwithstanding that no statement was made for the purposes of the aforementioned regulations
he shall give notice of this fact in writing to the person who made the statement, or in a case where no statement was made, to the transferee and the apportionment or prospective apportionment of that quota shall then be made —
a
in England and Wales and Northern Ireland by arbitration in accordance with Schedules 4 and 6 respectively,
b
in Scotland in accordance with Schedule 5.
Reserves
15
There may be constituted for any region a running regional wholesale reserve and there may be added to the national direct sales reserve and to any appropriate running regional wholesale reserve such quota as is not for the time being allocated to any person.
Quota exchange
16
1
For the purposes of Article 5(5) and (6) of the Commission Regulation (which deals with changes from direct sales to wholesale delivery and vice versa) any person in a region may exchange direct sales quota for wholesale quota with any other person with a holding in the same region on such terms as those producers and the Minister may agree having regard to the provisions of the Community legislation.
2
This regulation shall not apply in relation to special quota and quota issued under Council Regulation 3880/89.
Temporary transfer of quota
17
1
For the purposes of Article 5c(1a) of Council Regulation 804/68 (temporary transfers of quotas) and subject to paragraph (2), a producer who has wholesale quota registered as his which constitutes part of the purchaser quota of a purchaser may make a temporary transfer of part of that wholesale quota for a period of one quota year to any other producer whose wholesale quota constitutes part of the purchaser quota of that same purchaser.
2
Where there is an agreement to make a temporary transfer of quota pursuant to paragraph (1) the transferee shall notify the Minister in writing of the agreement and of such particulars at such time as the Minister may reasonably require.
Temporary reallocation of quota
18
1
For the purposes of Formula B, the Minister may, in any quota year, award to a producer referred to in paragraph (2) below a temporary reallocation of unused quota from the purchaser quota of the purchaser to whom that producer makes wholesale deliveries of dairy produce, in accordance with the provisions of this regulation.
2
This regulation shall apply to —
a
a producer to whom an award of quota has been made by the Dairy Produce Quota Tribunal, or one of the local panels constituted under regulation 6(2) of the 1984 Regulations, or to whom an allocation of quota has been made by the Minister under Schedule 12 to the 1986 Regulations, which award or amount of the allocation has been mistakenly entered in the registers prepared and maintained by the Minister under regulation 28 as an amount of quota being more than 100 litres in excess of the amount of the award or the allocation, and
b
a producer who has quota registered as his in relation to a holding which is in whole or in part subject to a notice prohibiting or regulating the movement of dairy cows pursuant to an Order made under the Animal Health Act 1981 or the Diseases of Animals (Northern Ireland) Order 1981 ,
c
a producer who has quota registered as his in relation to a holding which is situated wholly or partly within an area which at any time during that quota year has been designated by an emergency order under section 1 and section 24(1) and (3) of the Food and Environment Protection Act 1985 .
3
Subject to paragraph (4), a producer referred to in paragraph (2)(a) may be awarded a temporary reallocation of unused quota for any quota year ending before1 April 1992. The amount of any such award shall be calculated either —
a
as the amount by which the producer’s production exceeds his quota entitlement in the quota year in question, or
b
as the amount being the difference between the producer’s quota entitlement in the quota year in question and the quota mistakenly having been registered as his, or
c
as the amount referred to in paragraph (3)(b) reduced by the amount, if any, by which the direct sales quota mistakenly having been registered as the producer’s was less than the direct sales quota to which he is entitled in the quota year in question,
whichever amount is less.
4
An award under paragraph (3) above shall be subject to the following conditions —
a
a producer whose production in the quota year in question has not exceeded his quota entitlement shall not be entitled to receive an award for that year;
b
a producer who transfers the whole of his quota under regulation 8, or exchanges the whole of his quota under regulation 16, shall not be entitled to receive an award for the quota year in which the transfer took effect or any future quota year;
c
a producer who transfers a part of his quota under regulation 8, or exchanges a part of his quota under regulation 16, shall be entitled to receive an award for the quota year in which the transfer or exchange took effect reduced by the amount of quota transferred or exchanged;
d
a producer who makes a temporary transfer of quota under regulation 17(1) shall not be entitled to receive an award in the same quota year;
e
an award shall not be transferable to the transferee of any holding or part of a holding of a producer to whom an award has been or may be made.
5
Subject to paragraph (7), a producer referred to in paragraph (2)(b) or (c) above may be awarded a temporary reallocation of unused quota for any quota year in which the notice or as the case may be the order referred to in paragraph 2(b) or the order referred to in paragraph 2(c) has effect. The amount of any such award shall be calculated either —
a
as the amount equal to 15 litres per qualifying cow per qualifying day in any quota year, or
b
as the amount by which in the quota year in question the producer’s production exceeds his quota entitlement,
whichever amount is less.
6
Where the notice referred to in paragraph (2)(b) or the order referred to in paragraph 2(c) above continues beyond the quota year in respect of which a producer has received an award under paragraph (5), any award under that paragraph for the following quota year shall be calculated as if the number of the producer’s qualifying cows were equal to that of his eligible heifers which calved during the period of the notice in that heifers calved the number of eligible heifers did not exceed the replacement number.
7
An award under paragraph (5) above shall be subject to the following conditions —
a
the total amount of quota temporarily reallocated to producers from the purchaser quota of any purchaser shall not exceed 15 per cent of the total amount of unused quota available to that purchaser in any quota year and the Minister shall, to the extent that it is necessary so to do, abate in whole or in part each such temporary reallocation accordingly;
b
a producer who transfers quota under regulation 8, or who makes a temporary transfer of quota under regulation 17(1), or purchases cows or in-calf heifers for dairy purposes, shall not be entitled to receive an award in the same quota year unless the Minister is satisfied that the agreement to transfer, temporarily transfer or purchase, was entered into before service of the notice to which paragraph (2)(b) above refers, or (as the case may be) before the coming into force of the order to which paragraph (2)(c) above refers.
8
In making any award of a temporary reallocation of unused quota for the purpose of this regulation the Minister shall afford priority to the producers referred to in paragraph (2)(a) above before making any award to the producers to whom paragraph (2)(b) above applies, and then priority to the producers referred to in paragraph (2)(b) above before making any award to the producers to whom paragraph (2)(c) above applied.
9
In this regulation, “quota”, except where otherwise described, means wholesale quota.
Special allocation of quota
19
Where, by reason of a mistake made by the Minister or any person acting on his behalf, a person has not been allocated any quota or has been allocated a smaller quantity of any such quota than he would have been allocated if the mistake had not been made, the Minister may allocate to that person such quota as will compensate, in whole or in part, for that mistake from the national direct sales reserve or from the appropriate running regional wholesale reserve, as the case may be.
Conversion of direct sales quota and wholesale quota
20
Schedule 7 shall apply in respect of the conversion of wholesale quota into direct sales quota and of direct sales quota into wholesale quota under Article 6a of Council Regulation 857/84.
Calculation of levy liability
21
Schedule 8 shall apply in respect of the reallocation of quota for the purposes of Article 4a of Council Regulation 857/84 and in respect of the calculation of levy liability for the purposes of Article 5c of Council Regulation 804/68.
Prevention of avoidance of levy
22
1
Subject to subparagraph (2) below, where in any quota year a producer makes sales or deliveries of milk or milk products from milk produced by any cows and subsequently another producer makes sales or deliveries of milk or milk products from milk produced by any or all of the same cows the second producer shall be deemed to have made those sales or deliveries in the capacity of agent for the first producer.
2
Paragraph (1) above shall not apply where —
a
an agreement has been entered into by the first producer for the sale or lease of the cows in question or the second producer has inherited them from the first producer; and
b
the cows are kept on the second producer’s holding.
Payment of levy
23
1
For the purposes of Article 16(3) of the Commission Regulation the time allowed for making the payment required to be made by Article 16(2) of that Regulation (time for payment of levy by direct sellers) shall be four months from the end of the quota year in respect of which the payment is made.
2
For the purposes of Article 9(3) of Council Regulation 857/84 (payment of levy by direct sellers) or Article 15 of the Commission Regulation (payment of levy by purchasers in respect of wholesale deliveries) levy shall be paid to the Intervention Board.
3
Where any part of the levy remains unpaid —
i
in the case of a direct seller, at the expiry of the period specified in paragraph (1) above; or
ii
in the case of a purchaser, at the expiry of the period specified in Article 15(4) of the Commission Regulation,
the Intervention Board may recover from the direct seller or (as the case may be) the purchaser the amount of the levy outstanding at the expiry of the period applicable in his case, together with interest in respect of each day thereafter until the said amount is recovered at the rate of one percentage point above the sterling three-month London interbank offered rate.
Additional milk products
24
The Minister shall award direct sales quota to producers of additional milk products in accordance with Schedule 9.
Functions of the Intervention Board for Agricultural Produce
25
1
The Intervention Board shall continue to be —
a
the agency appointed for the purposes of Article 9(3) of Council Regulation 857/84 (which deals with payment of levy by direct sellers), and
b
the competent authority for the purposes of —
i
Article 11 (which deals with equivalences),
ii
Article 12(2) (which deals with increases in fat content),
iii
Article 14(1) (which deals with records of wholesale deliveries),
iv
Article 15 (which deals with payment of levy by purchasers in respect of wholesale deliveries), and
v
Article 16 (which deals with records of direct sales and payment of levy in respect thereof) —
of the Commission Regulation.
2
The Intervention Board and any milk marketing board may enter into an agreement providing for the discharge by the milk marketing board, on behalf of the Intervention Board, of any functions of the Intervention Board under these Regulations or the Community legislation specified in the agreement, on such terms as may be specified in the agreement.
3
In respect of any area which is not within the area of a milk marketing board, paragraph (2) shall have effect as if “person or milk marketing board” were substituted for “milk marketing board” wherever those words appear.
4
The Intervention Board may, in respect of any person in whose name any direct sales quota is registered and who fails to submit to the Intervention Board within two months of the end of any quota year the statement required to be made by Article 16(1) of the Commission Regulation, make and recover a reasonable charge in respect of any visit to any premises reasonably required to be made by the Intervention Board to obtain that statement.
Functions under these Regulations
26
1
The Minister and any milk marketing board may enter into an agreement providing for the discharge by that milk marketing board, on behalf of the Minister, of any functions of the Minister under these Regulations or the Community legislation specified in the agreement, on such terms as may be specified in the agreement.
2
In respect of any area which is not within the area of a milk marketing board, paragraph (1) shall have effect as if “person or milk marketing board” were substituted for “milk marketing board” wherever those words appear.
Disapplication of enactments
27
Nothing in section 47(2) of the Agricultural Marketing Act 1958 or section 23 of the Agricultural Marketing Act (Northern Ireland) 1964 (which restrict the disclosure of certain information obtained under those Acts) shall restrict or apply to the disclosure of any information if, and in so far as, the disclosure is required or authorised by these Regulations, the Community legislation or an agreement under regulation 25(2) or 26(1).
Registers to be prepared and maintained by the Minister
28
1
The Minister shall —
a
prepare a direct sales register entry in respect of each direct seller setting out in particular —
i
his name;
ii
his address;
iii
his direct sales quota; and
iv
quota issued as special quota,
and shall send each direct seller a copy of the entry relating to him, and
b
maintain —
i
a direct sales register (being a register of entries referred to in paragraph (1)(a)),
ii
a register of particulars of direct sales by each direct seller.
2
For each region the Minister shall —
a
prepare a wholesale register entry in respect of each producer in that region setting out in particular —
i
his name;
ii
his address;
iii
any reference number which serves to identify the producer in the purchaser’s records;
iv
wholesale quota available to him for the quota year excluding the quota referred to in subparagraph (vi) or (vii);
v
his suspended quota;
vi
quota issued as special quota;
vii
quota issued under Council Regulation 3880/89;
viii
a list —
of the names and addresses of each purchaser in that region whose purchaser quota will be calculated to take into account all or part of that producer’s total wholesale quota, and
of the wholesale quota to be taken into account based on purchaser details to be provided by the producer
in respect of each purchaser supplied, his wholesale quota registered with that purchaser, and its butterfat base calculated in accordance with article 12 of the Commission Regulation,
and shall send to each producer a copy of the entry relating to him and to each purchaser named on the list referred to in subparagraph (viii) a copy of that part of the entry relating to his purchaser quota, and
maintain —
a wholesale register (being a register of entries referred to in paragraph (2)(a)) for each region, and
a register for that region of particulars of wholesale deliveries by each producer in that region.
3
In respect of each purchaser the Minister shall —
a
prepare a purchaser notice setting out —
i
his name,
ii
his purchaser quota,
iii
his purchaser special quota,
and shall send each purchaser a copy of the notice relating to him, and
b
maintain —
i
a register of purchaser notices, and
ii
a register of particulars of wholesale deliveries to each purchaser.
4
For the purposes of paragraphs (1) and (2), where a holding comprises more than one dairy enterprise a direct seller or a producer may, on presenting to the Minister a consent or sole interest notice in respect of that holding, agree with the Minister the partition of that holding among separate direct sales register entries or wholesale register entries as specified in the agreement.
5
The Minister shall amend the registers which he is required by this regulation to maintain to record any allocations or adjustments made under or by virtue of these Regulations, and shall inform any person to whom an amendment relates and any purchaser affected by an amendment of that amendment.
6
In this regulation “direct seller” and “producer” include a person who has moved into occupation of land with quota, whether or not that person is engaged in the sale or delivery of dairy produce.
Inspection of entries in the Minister’s registers
29
The Minister shall permit, during reasonable working hours, inspection of any entry relating to —
a
a specific holding in the registers referred to in regulation 28(1)(b)(i) and 28(2)(b)(i) by any person who is the direct seller or producer in relation to, or gives the Minister a statement in writing that he has an interest in, that holding, and
b
a specific purchaser in either register referred to in regulation 28(3)(b) by the purchaser,
and shall, on payment of a reasonable charge, forward a copy of that entry to any such person who requests it.
Registers to be maintained by purchasers
30
1
Each purchaser shall maintain, in respect of all producers whose register entries include that purchaser’s name on the list referred to in regulation 28(2)(a)(viii) —
a
a register as indicated in regulation 28(2)(b)(i) in respect of that part of its purchaser quota attributable to each of those producers, and
b
a register of particulars of wholesale deliveries from each of those producers to that purchaser.
2
Each purchaser shall amend its registers referred to in paragraph (1) on each occasion when, under these Regulations, the Minister’s equivalent register is required to be amended in relation to producers registered in that purchaser’s register.
Registers as evidence
31
Any entry in a register or notice required by these Regulations to be maintained by the Minister shall in any proceedings be evidence of matters stated therein.
Information
32
1
The Minister and the Intervention Board shall provide each other with such information and assistance as shall be required for the proper performance of their respective functions under these Regulations and the Community legislation.
2
Each purchaser shall provide such information to the Minister as the Minister may reasonably require for the maintenance of his register of particulars of wholesale deliveries under regulation 28(2)(b)(ii) and regulation 28(3)(b)(ii).
3
The Minister shall copy such records to each purchaser as that purchaser may reasonably require for the purposes of his registration obligations under these Regulations and Article 14(1) of the Commission Regulation.
Service of documents
33
Any document required by these Regulations to be served on any person may be served by post.
Penalties
34
1
Subject to paragraph (2), any person who —
a
fails without reasonable excuse to comply with a requirement imposed on him by or under these Regulations or the Community legislation, or
b
in connection with these Regulations or the Community legislation, makes a statement or uses a document which he knows to be false in a material particular or recklessly makes a statement or uses a document which is false in a material particular,
shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 5 on the standard scale or, on conviction on indictment, to a fine.
2
Paragraph (1)(a) shall not apply to any failure by any person to comply with a requirement in an agreement referred to in regulation 25 or 26.
3
The Minister may, following any conviction under paragraph (1)(b) against which there is no successful appeal, by notice served (within the period of 12 months following the date specified in paragraph (4)) on the person to whose quota that conviction relates reduce his quota to such extent as may reasonably be regarded by the Minister as being attributable to the falsehood on which the conviction was founded.
4
The date referred to in paragraph (3) is —
a
in the case of a conviction against which there is no appeal, the date on which the right to appeal against that conviction expires, and
b
in the case of a conviction against which there is an unsuccessful appeal —
i
if there is no right of appeal against the result of that unsuccessful appeal, the date of that result, and
ii
if there is a right of appeal against that result but no appeal is made, the date on which that right of appeal expires.
Dairy Produce Quota Tribunals
35
1
The Dairy Produce Quota Tribunal for England and Wales, the Dairy Produce Quota Tribunal for Scotland, and the Dairy Produce Quota Tribunal for Northern Ireland constituted under regulation 6 of the 1984 Regulations shall continue in existence and, in respect of direct sales from a holding situated in more than one area of a Dairy Produce Quota Tribunal, the Dairy Produce Quota Tribunal the functions of which shall relate to those direct sales shall continue to be the Dairy Produce Quota Tribunal chosen for the purpose by the Ministers.
2
Any reference in these Regulations to “The Tribunal” shall be treated as a reference to the appropriate Dairy Produce Quota Tribunal under paragraph (1).
3
Schedule 10 shall apply in respect of the constitution, appointment of members, remuneration of members, staffing and procedure of Dairy Produce Quota Tribunals.
Revocation
36
The Regulations specified in Schedule 11 are hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 4th October 1991.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Strathclyde
Parliamentary Under Secretary of State, Scottish Office
8th October 1991


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Scarborough and North East Yorkshire Health Care National Health Service Trust (Establishment) Order 1991 and shall come into force on 1st November 1991.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of or Schedule 1 to the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 1st November 1991;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Scarborough and North East Yorkshire Health Care 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 Scarborough and North East Yorkshire Health Care National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at Scarborough Hospital, Scalby Road, Scarborough, North Yorkshire, YO12 6QL and associated hospitals;
b
to manage community health services provided from Scarborough Hospital, Scalby Road, Scarborough, North Yorkshire, YO12 6QL and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman 5 non-executive directors and5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1 April 1992.
2
The accounting date of the trust shall be 31 March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Scarborough 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 Scarborough 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 Scarborough Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Stephen Dorrell
Parliamentary Under Secretary of State,
Department of Health
21st October 1991


text:
Citation and commencement
1
These Regulations may be cited as the Savings Certificates (Yearly Plan) (Amendment) Regulations 1991 and shall come into force on 11th February 1991.
Amendment of principal Regulations
2
The Savings Certificates (Yearly Plan) Regulations 1984 shall be amended:
a
by inserting at the end of regulation 6(1) the words “Unless the Director of Savings otherwise directs or agrees any application for repayment shall be made to the Savings Certificate and SAYE Office, Durham.”;
b
by deleting regulation 7(4); and
c
by inserting the following after regulation 7(5)–
5A
Subject to paragraph (5B) below, the date appearing on the warrant shall, unless the applicant has requested a later date, be not more than 28 days from the date on which application for payment of the amount repayable under an agreement or in respect of a certificate is received by the Director of Savings in accordance with regulation 6(1) above; and where the applicant has requested that the warrant be dated with a later date, the date appearing on the warrant shall be no later than that date save that the Director of Savings may set a different date (being not more than 10 days after the requested date) if, having regard to the terms of the agreement, he is satisfied that such different date would be in the interests of the person to whom the terms of the agreement apply or the holder of the certificate, as the case may be.
5B
If the Director of Savings is satisfied that it is or was not practicable to dispatch the warrant in time to enable payment thereof to be made on a date within paragraph (5A) above, then the date appearing on the warrant shall be no later than the earliest date by which he is satisfied it would be practicable for the payee to obtain payment thereof. In this paragraph the expression “payment” in relation to a crossed warrant shall include paying in the warrant at a bank or other institution.
5C
Paragraphs (5A) and (5B) of this regulation shall apply and be deemed always to have applied to all agreements entered into, and certificates issued, in respect of which repayment has not been made before the coming into force of those paragraphs, provided that in respect of such agreements and certificates the date appearing on the warrant shall not be a date which would result in the amount repayable being less than the amount that, having regard to the date on which the warrant is dispatched, would have been repayable if those paragraphs had not come into force in respect of such agreements and certificates.
.
Sydney Chapman
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
16th January 1991


text:
1
These Regulations shall come into force on 28th March 1991 and may be cited as the International Carriage of Perishable Foodstuffs (Amendment) Regulations 1991.
2
For the definition of “ ATP ” in regulation 2 (Interpretation and transitional provision) of the International Carriage of Perishable Foodstuffs Regulations 1985 there shall be substituted the following definition —
“ATP” means the Agreement on the International Carriage of Perishable Foodstuffs and on the Special Equipment used for such Carriage (ATP) concluded at Geneva on 1st September 1970 as amended pursuant to article 18 of the agreement and as further amended pursuant to that article by amendments to Annex 1, appendices 1 and 2 which came into operation on 6th July 1989 and 30th September 1990 and amendments to Annex 2 which came into operation on 28th March 1991 .
.
Signed by authority of the Secretary of State for Transport.
Christopher Chope
Parliamentary Under Secretary of State,
Department of Transport
4th March 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the York Health Services National Health Service Trust (Establishment) Order 1991 and shall come into force on 1st November 1991.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of or Schedule 1 to the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 1st November 1991;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the York Health Services 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 York Health Services National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at Headquarters, Bootham Park, York YO3 7BY and associated hospitals;
b
to manage community health services provided from Headquarters, Bootham Park, York YO3 7BY and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1992.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The York 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 York 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 York Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Stephen Dorrell
Parliamentary Under Secretary of State,
Department of Health
21st October 1991


text:
PART 1
GENERAL
Citation and commencement
1
These Regulations may be cited as the Judicial Pensions (Widowers' and Children’s Benefits) Regulations 1991 and shall come into force on 1st January 1992.
Interpretation and scope of Regulations
2
–
1
In these Regulations–
“ the Act ” means the Judicial Pensions Act 1981;
“contribution” means a contribution towards the cost of a widower’s or children’s pension;
“lump sum” means the lump sum payable, under section 17(1), (2) or (3) of the Act, on the retirement or death of an office-holder;
“office-holder” means a female person serving in an office in respect of which a widower’s or children’s pension may be granted under or by virtue of Part II of the Act;
“periodical payment” means a contribution in the form of a deduction from an office-holder’s salary;
“personal pension” means the pension for which an office-holder becomes eligible on retirement (or, if she dies in office, would have become eligible had she retired on the ground of infirmity at the time of her death);
“relevant service” has, in relation to the holder of an office referred to in section 16 of the Act, the same meaning as in that section;
“responsible authority” means, in relation to an office-holder, the person or body responsible for paying her salary;
references to a widower’s pension include references to a children’s pension;
“15-year office” and “20-year office” mean an office service in which for 15 or 20 years, as the case may be, is a condition of eligibility for an annual personal pension at the rate of one half of the last annual salary payable in respect of that office; references to service in a 15year or a 20-year office include references to successive periods of service in two or more such offices, being periods which are aggregable for the purposes of eligibility for pension;
“standard rate” in relation to periodical payments, has the meaning given by regulation 8(2).
2
References in these Regulations to eligibility for pension are, in relation to service in an office which carries entitlement to a pension, references to such entitlement, and references to the grant of a pension shall be construed accordingly.
3
Section 28 of the Act (effect of certain nullity decrees) applies for the purposes of these Regulations.
4
These Regulations apply in relation to the office of Lord Chancellor subject to the Schedule.
5
These Regulations do not apply in respect of
a
an office-holder whose relevant service was wholly before 1st January 1992; or
b
an office-holder whose relevant service was partly before 1st January 1992 and who has not opted under paragraph 27(1) of Schedule 2 to the Act for her husband to be entitled to a widower’s pension on her death.
Application of Parts II and III
3
Contributions towards the cost of the liability for any pension or pensions under sections 16 to 20 of the Act in respect of a woman’s relevant service shall be made in accordance with Parts II and III of these Regulations.
PART II
CONTRIBUTION MADE ENTIRELY OUT OF LUMP SUM
Application of Part II
4
–
1
This Part shall have effect for determining the amount of the contribution (if any) to be made, by way of reduction in her lump sum, in the case of an office-holder who has made no periodical payments.
2
No contribution by way of reduction in her lump sum shall be made in the case of a woman who at no time during her relevant service had a husband.
Relevant service wholly after 31st December 1991
5
–
1
If the whole of the office-holder’s relevant service is or, by virtue of an option exercised under paragraph 27(1) and (2)(b) of Schedule 2 to the Act is treated as, service after 31st December 1991 the amount of the contribution shall be three quarters of the lump sum.
2
If the office-holder last had a husband at a time before the end of her relevant service, the amount of the contribution shall (instead of that in paragraph (1)) be three quarters of the lump sum multiplied by the fraction:
R S
where–
R represents the number of months of her relevant service before the time at which she last had a husband, and
S represents the total number of months of her relevant service.
Relevant service partly before 1st January 1992
6
–
1
If the office-holder’s relevant service is not, or is not treated as, wholly after 31st December 1991, the amount of the contribution shall be three quarters of the lump sum multiplied by the fraction
Q S
where–
Q represents the number of months of her relevant service after 31st December 1991
S represents the total number of months of her relevant service.
2
If the office-holder last had a husband at a time before the end of her relevant service, and after 31st December 1991 the amount of the contribution shall (instead of that in paragraph (1)) be that arrived at under paragraph (1) multiplied by the following fraction–
T Q
where–
T represents the number of months relevant service before the time she last had a husband and after 31st December 1991
Q represents the number of months of her relevant serivce after 31st December 1991
3
If the office-holder last had a husband at a time before the end of her relevant service, and before 1st January 1992 no contribution by way of reduction in her lump sum shall be made. Supplemental
7
–
1
For the purpose of determining the amount of any contribution payable under this Part, there shall be disregarded any amount by which (in consequence of the operation of section 17(2) of the Act) that sum may exceed twice the annual amount of the personal pension.
2
No period of service when an election under section 14A of the Act is in force in respect of the office-holder concerned shall be taken into account for the purposes of any calculation under this Part.
PART III
PERIODICAL PAYMENTS
Election to make periodical payments
8
–
1
Subject to the following provisions of this regulation, an office-holder may elect to make periodical payments.
2
Without prejudice to regulation 9, periodical payments may only be made at the standard rate, that is to say–
a
in the case of a 15-year office, 4 per cent.; and
b
in the case of a 20-year office, 3 per cent. of the office-holder’s salary for the time being.
3
An office-holder who elects to make periodical payments must do so by notice in writing to the responsible authority not later than six months after her first appointment to her office–
Provided that an office-holder who marries (or remarries) while in office and who is not then making periodical payments may elect to do so by giving notice in writing to the responsible authority not later than six months after her marriage or remarriage, as the case may be.
4
An election made under this regulation shall be irrevocable, save that an office-holder who ceases to be married after having made such an election may revoke her election by notice in writing to the responsible authority not later than six months after her so ceasing.
5
Nothing in this regulation shall be construed as preventing an office-holder who is not married from electing to make periodical payments.
6
For the purposes of paragraph (3) above the appointment of an office-holder to another office (for example, the appointment to the circuit bench of a stipendiary magistrate or to the Court of Appeal of a puisne judge of the High Court) shall be treated as a first appointment.
Additional payments for back service
9
–
1
In this regulation–
“back service” means–
a
in the case of an office-holder who has specified that the annual value of the widower’s pension is to be calculated on the assumption under paragraph 27(2)(b) of Schedule 2 to the Act, service before 1st January 1992; and
b
in the case of an office-holder who has married on or after that date, service on or after that date for any period during which she has made no periodical payments;
2
An office-holder who has back service and who elects to make periodical payments at the standard rate may also elect to make, in respect of that back service, additional payments at such of the following rates as she may specify–
a
if she is serving in a 15-year office, 4 per cent., 8 per cent. or 11 per cent. of her salary for the time being (that is to say, at the standard rate, or at twice, or at two and three quarters times that rate);
b
if she is serving in a 20-year office, 3 per cent., 6 per cent. 9 per cent., or 12 per cent., of her salary for the time being (that is to say at the standard rate, or at twice, three times or four times that rate).
3
An election under this regulation must have been made, or be made–
a
not later than 1st July 1992; or
b
in the case of an office-holder marrying (or remarrying) after 31st December 1991 and while still serving, not later than six months after her marriage or remarriage.
4
An office-holder who has made an election under this regulation may at any time by notice in writing to the responsible authority, either–
a
revoke her election; or
b
vary its effect by specifying a different rate of additional payments, being one of the rates mentioned in (a) or (b), as the case may be, of paragraph (2) above.
5
An election made under this regulation shall, if it has not been previously revoked, cease to have effect when the office-holder has made additional payments for a period equal in length to her back service and for this purpose, for any period during which she has made additional payments at a rate higher than the standard rate, she shall be treated as having made such payments for a correspondingly longer period (so that, for example, if she has made additional payments at twice the standard rate for one year she shall be treated as having made additional payments for two years).
Method of payment
10
–
1
An election under regulation 8 or 9 shall, so long as it is in force, constitute an instruction to the responsible authority to deduct the appropriate amounts from the office-holder’s salary.
2
Deductions under this regulation–
a
shall be made from each instalment of the office-holder’s salary as it becomes due; and
b
may, if the office-holder so requests, also be made at the appropriate rate in respect of the office-holder’s earlier salary specified in paragraph (3) below, and for this purpose, the responsible authority may require the office-holder to repay such sum, if any, as may be necessary to make up the total deduction.
3
The earlier salary mentioned above is the salary paid to the office-holder before the date of the relevant election–
a
during the income tax year of assessment in which the relevant election was made, or
b
during that year and during so much of the preceding year of assessment as elapsed after the relevant appointment, marriage or remarriage.
4
No instruction under paragraph (1) above shall be taken to require the responsible authority to deduct, in any income tax year of assessment, more than 15 per cent. of the salary paid to the office-holder during that year.
Effect of making periodical payments
11
–
1
In this regulation–
“appropriate fraction” means 1 / 240 in the case of the holder of a 15-year office and 1 / 320 in the case of the holder of a 20-year office;
“full period” means 15 years in the case of the holder of a 15-year office and 20 years in the case of the holder of a 20-year office;
“gross reduction” means the amount by which an office-holder’s lump sum would, under Part II, be reduced if she had made no periodical payments.
2
An office-holder who makes periodical payments at the standard rate for the full period shall not be liable to make any further contribution notwithstanding that she continues in service for a further period.
3
For the purposes of paragraph (2) above, an office-holder shall be treated, for every period of service during which she has made additional payments in accordance with regulation 9(2), as having made payments at the standard rate for an additional period equal to the period during which she has made (or is to be treated under regulation 9(5) (6) as having made) such additional payments.
4
If an office-holder retires or dies after having made periodical payments at the standard rate for less than the full period, the deficiency in her contributions shall be made up by a reduction in her lump sum, the amount of such reduction depending on the rate of personal pension she has earned and the length of the period during which she has made periodical payments and being calculated in accordance with paragraph (5) below.
5
The amount of the reduction referred to in paragraph (4) above shall be arrived at by deducting from the gross reduction, for every month in respect of which the office-holder has made (or is to be treated, by virtue of regulation 9(5) as having made) periodical payments at the standard rate, the appropriate fraction of her last annual salary.
Non-aggregable service
12
–
1
In this regulation–
a
“primary office” means the office in respect of which eligibility for the personal pension arises;
b
“secondary office” means an office other than the primary office;
c
references to an election made by an office-holder include references to any election that may, if she has died, be made by another person in respect of her.
2
This regulation applies to an office-holder whose successive periods of service in different offices are not aggregable (so as to be treated as service wholly in the latest office) for the purposes of eligibility for pension and who, under any relevant enactment is entitled to elect between a pension based on service in a later office and one based on service in an earlier office.
3
In determining the amount of any contribution to be made out of such office-holder’s lump sum, no account shall be taken of any periodical payments made by her during service in a secondary office if that service is to be disregarded for the purpose of determining the personal pension for which she elects and any such payments shall, in accordance with regulation 13, be refunded.
4
If account is to be taken of service in a secondary office for the purpose of determining the personal pension for which the office-holder elects, then for the purpose of regulation 11 above–
a
if the primary and secondary offices were both 15-year offices or both 20-year offices, any period of service in the secondary office during which she made periodical payments shall be treated as if it had been a period of service in the primary office;
b
if the primary office was a 20-year office and the secondary office a 15-year office, any such period shall be treated as if it had been a corresponding period of service in the primary office multiplied by a factor of ÷£; and
c
if the primary office was a 15-year office and the secondary office a 20-year office, any such period shall be treated as if it had been a corresponding period of service in the primary office multiplied by a factor of Refunds of 3/4.
periodical payments
13
–
1
Periodical payments made by an office-holder shall (subject to paragraph (2) below) be refunded, with compound interest added at a rate of 4 per cent. a year, by the responsible authority to her (or, if she has died, to her personal representatives)–
a
if her service proves to have been insufficient to earn any widower’s pension;
b
if and insofar as the payments exceed those required to avoid any deficiency in her contribution being made up by a reduction in her lump sum; or
c
in the circumstances mentioned in regulation 12(3).
2
The responsible authority shall, in making any refund in pursuance of this regulation, deduct the appropriate amount in respect of tax charged under section 598 of the Income and Corporation Taxes Act 1988 .
Time limit for elections
14
The responsible authority may, if satisfied in any particular case that it would be reasonable to do so, extend the time for giving any notice under these Regulations or for exercising any option under paragraph 27 of Schedule 2 to the Act.
PART IV
AMENDMENTS
15
In regulation 2of the Judicial Pensions (Widows' and Children’s Benefits) Regulations 1987 in the definition of “office-holder” before the word “person” there shall be inserted “male”.
16
In sub-paragraph (1) of paragraph 1 of the First Schedule to those Regulations (office of the Lord Chancellor) before the word “holder” there shall be inserted “male”.
Mackay of Clashfern, C.
Dated 21st November 1991
Ian Lang
One of Her Majesty’s Principal Secretaries of State
Dated 28th November 1991
We concur
Thomas Sackville
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 3rd December 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Horizon National Health Service Trust (Establishment) Order 1991 and shall come into force on 1st November 1991.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of or Schedule 1 to the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 1st November 1991;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Horizon 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 Horizon National Health Service Trust
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at Harperbury Hospital, Harper Lane, Shenley, Radlett, Herts, WD7 9HQ and associated hospitals;
b
to manage community health services provided from Harperbury Hospital, Harper Lane, Shenley, Radlett, Herts, WD7 9HQ and to own the associated premises
Directors of the trust
4
The trust shall have, in addition to the chairman 5 non-executive directors and 5 executive directors
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1 April 1992.
2
The accounting date of the trust shall be 31 March
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date
Assistance by health authorities before operational date
7
1
The North West Hertfordshire Health Authority shall —
a
until the operational date make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The North West Hertfordshire Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the North West Hertfordshire Health Authority
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Virginia Bottomley
Minister of State,
Department of Health
21st October 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Broadcasting (Independent Productions) Order 1991 and shall come into force on 1st January 1993.
2
In this Order–
“the 1990 Act ” means the Broadcasting Act 1990;
“programme” does not include an advertisement or any separate item whose duration is two minutes or less;
“relevant broadcaster” means, subject to article 2(4) below, the person who provides the television broadcasting service in which a percentage of qualifying programmes must be independent productions and “relevant television broadcasting service” means that service; and
“television broadcasting service” has the same meaning as in section 2(5) of the Broadcasting Act 1990.
3
For the purposes of this Order a programme may be treated as being made by a particular person or persons notwithstanding that more than 75 per cent of the duration of the programme includes images or images and sounds which have been provided by some person other than that person or those persons provided that–
a
the images or images and sounds so provided are not broadcast live; and
b
changes of substance (whether by means of editing or otherwise) have been made to such images or images and sounds.
Meaning of “qualifying programmes”
2
1
In section 16(2)(h) of the 1990 Act, the expression “qualifying programmes” means, subject to paragraphs (2) to (4) below, all the programmes included in the relevant television broadcasting service which fall within any of the following descriptions of programmes, namely–
a
a programme which has been made either by the relevant broadcaster or by a person commissioned by him;
b
a programme which has been made by the relevant broadcaster together with any other person or by a person commissioned by the relevant broadcaster together with any other person, provided that not less than 25 per cent of the actual cost of the production of the programme has been borne or provided by the relevant broadcaster; and
c
a programme including images or images and sounds which have been provided by a person other than the relevant broadcaster or a person commissioned by him where–
i
the images or images and sounds so provided consist of live coverage of an event;
ii
they do not exceed 75 per cent of the duration of the programme, and
iii
the remainder of the programme (including any sound commentary added to those images or images and sounds) has been made by the relevant broadcaster or a person commissioned by him.
2
In section 16(2)(h) of the 1990 Act the expression “qualifying programme” shall not include any programme which falls within any of the following descriptions, namely–
a
a programme which has previously been shown in substantially the same form on the relevant television broadcasting service;
b
a programme which consists, wholly or mainly, of news;
c
a programme constituting part of a series of programmes which–
i
consist, wholly or mainly, of news or items relevant to news,
ii
are presented live, and
iii
are usually shown on at least four days in each of the weeks when they are shown;
d
a programme provided by or on behalf of the Open University or Open College; and
e
a broadcast on behalf of a political party or any statement by a Minister of the Crown within the meaning of the Ministers of the Crown Act 1975 .
3
A programme may fall within sub-paragraph (a) or (b) of paragraph (1) above as being commissioned by the relevant broadcaster notwithstanding that it was intended to be first shown commercially in cinemas.
4
In the application of paragraph (1) above to a regional Channel 3 service, references to the relevant broadcaster shall include references to the holder of another regional Channel 3 service licence or any person acting on behalf of the holders of such licences.
Meaning of “independent productions”
3
1
In section 16(2)(h) of the 1990 Act the expression “independent productions” means any programme which–
a
falls within the definition of “qualifying programmes” specified in article 2 above;
b
in the case of a programme to which sub-paragraph (a) or (b) of article 2(1) above applies, has been made by an independent producer (as defined by paragraph (4) below) or, in the case of a programme to which sub-paragraph (c) of that provision applies, has been made, as respects that part of the programme referred to in paragraph (iii) of that sub-paragraph by an independent producer;
c
has been made in pursuance of a contract which complies, where appropriate, with the condition specified in paragraph (2) below, and
d
has not been made in the circumstances specified in paragraph (3) below.
2
The condition referred to in paragraph (1)(c) above is that any contractual obligations between a broadcaster and a producer which concern, directly or indirectly, the making of programmes (but not in respect of the use made of them) and which are capable of remaining in force for a period in excess of five years shall provide either side with the right to terminate those obligations at intervals of not more than five years (but without prejudice to any rights in respect of obligations that had not been discharged at the date of termination).
3
The circumstances referred to in paragraph (1)(d) above are those where a broadcaster has required, otherwise than in pursuance of any contractual obligation arising from an earlier agreement that remains in force, the person to whom the contract to make the programme has been granted to agree, as a condition on which that contract is granted, to use the production facilities of that broadcaster or not to use the production facilities of some other broadcaster.
In this paragraph the reference to the production facilities of a broadcaster means–
a
any premises or equipment which may be used to make a programme and which are owned or leased by that broadcaster or are otherwise under his control; and
b
any person who is employed by, or has contractual obligations with, that broadcaster in connection with the making of programmes except any person who is employed, or has contractual obligations, to be seen or heard (or both) on programmes.
4
In this article “independent producer” means a producer–
a
who is not an employee (whether or not on temporary leave of absence) of a broadcaster;
b
who does not have a shareholding greater than 15 per cent in a broadcaster; and
c
which is not a body corporate in which a broadcaster has a shareholding greater than 15 per cent.
5
In paragraph (4) above, any reference to a broadcaster or producer includes a reference to a person connected with, respectively, a broadcaster or producer.
For these purposes the following persons shall be treated as connected with, respectively, a broadcaster or producer, namely–
a
a person who controls the broadcaster or, as the case may be, producer;
b
an associate of the broadcaster or, as the case may be, producer or of a person falling within sub-paragraph (a) above; and
c
a body which is controlled by the broadcaster or, as the case may be, producer or by an associate of the broadcaster or, as the case may be, producer.
In this paragraph “associate” has the same meaning as in Schedule 2 to the 1990 Act, except that paragraph 1(2) of Part I of that Schedule shall not apply so as to construe the meaning of that word in relation to a producer (but not a broadcaster) in the context of sub-paragraph (a) of paragraph (4) above only.
6
In paragraph (4) above, any reference however expressed to a person having a shareholding greater than 15 per cent in a body corporate is a reference to a person who–
a
holds or is beneficially entitled to more than 15 per cent of the shares in that body, or
b
possesses more than 15 per cent of the voting power in that body.
Any reference in this paragraph to a person holding or being entitled to a percentage of shares in a body corporate or possessing a percentage of the voting power in a body corporate is a reference to his doing so, or being so entitled, whether alone or jointly with one or more other persons and whether directly or through one or more nominees.
7
In this article–
“broadcaster” means, subject to paragraph (5) above, a person who provides a television service (that is to say a service providing to members of the public images or images and sounds for reception on television receiving apparatus, whether provided by broadcasting or by other means) whether in the United Kingdom or elsewhere;
“control” has the same meaning as in Schedule 2 to the 1990 Act; and
“producer” means, subject to paragraph (5) above, a person by whom the arrangements necessary for–
the making of a programme, or
in the case of a programme to which article 2(1)(c) above applies, part of a programme,
are undertaken.
Kenneth Baker
One of Her Majesty’s Principal Secretaries of State
Home Office
18th June 1991


text:
1
This Order may be cited as the Gipsy Encampments (City of Worcester) Order 1991 and shall come into force on 4th July 1991.
2
The area of the City of Worcester is designated as an area to which section 10 (prohibition of unauthorised camping in designated areas) of the Caravan Sites Act 1968 applies.
Michael Heseltine
Secretary of State for the Environment
5th June 1991


text:
Citation and commencement
1
This Order may be cited as the Banking Act 1987 (Meaning of Deposit) Order 1991 and shall come into force on 31st July 1991.
Amendment of meaning of “deposit”
2
1
For the purposes of sections 60, 61 and 62 of the Banking Act 1987 the definition of deposit in section 5 of that Act shall be treated as excluding any sum to which a person becomes entitled (otherwise than by operation of law), or comes to be treated as entitled for the purposes of sections 58 and 60 of that Act, after a petition is presented for the winding up of the institution, or, in the case of an institution in respect of which such a petition has been presented before the date on which this Order comes into force, 30th July 1991.
2
Paragraph (1) above does not apply in respect of a payment falling to be made under section 58(2) of the Banking Act 1987.
Interpretation
3
For the purposes of this Order, references to the presentation of a petition for the winding up of an institution shall be taken to mean —
a
where the institution becomes insolvent within the meaning of section 59 of the Banking Act 1987 on the making of an order or award, the presentation of a petition that the order or award be made;
b
where the institution becomes so insolvent on the passing of a resolution for a voluntary winding-up in the circumstances described in section 59(1)(b) of that Act, the summoning of a meeting at which such a resolution is to be proposed;
c
where the institution becomes so insolvent on the holding of a creditors' meeting, the summoning of such meeting;
d
where the institution becomes so insolvent on the occurrence of an event which appears to the Deposit Protection Board to correspond as nearly as may be to any of those mentioned in section 59(1)(a), (b) or (c) or 59(2)(a), (b) or (c) of that Act, the event which appears to the Board to correspond as nearly as may be to that mentioned in paragraph (a), (b) or (c)of this article (as the case may be).
Norman Lamont
John Major
Two of the Lords Commissioners of Her Majesty’s Treasury
30th July 1991