text:
1
The length of the trunk road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be trunk road as from the date on which the Secretary of State notifies the County Council of Northamptonshire that the new trunk roads are open for through traffic.
2
In this Order–
1
each measurement of distance is measured along the route of the trunk road;
2
i
“the deposited plan” means the plan folio numbered HA10/2E/337 marked “The A6 London–Inverness Trunk Road (Rothwell Interchange) Detrunking Order 1991” containing a key plan and one plan marked “Scheme Plan” and signed by authority of the Secretary of State and -deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the new trunk roads” means the trunk roads to be provided by the Secretary of State in pursuance of the trunk road order;
iii
“the trunk road” means the London-Inverness Trunk Road (A6), known as Kettering Road, Rothwell; and
iv
“the trunk road order” means the A6 London–Inverness Trunk Road (Rothwell Interchange and Slip Roads) Order 1990 .
3
This Order shall come into force on 3rd January 1992 and may be cited as the A6 London–Inverness Trunk Road (Rothwell Interchange) Detrunking Order 1991.
Signed by authority of the Secretary of state for Transport
D.J. Morrison
Regional Director East Midlands Region
Department of Transport
20th November 1991


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the East Hertfordshire Health 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 East Hertfordshire Health National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the East Hertfordshire Health 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 atQueen Elizabeth II Hospital, Howlands, Welwyn Garden City, Hertfordshire, AL7 4HQ and associated hospitals;
b
to manage community health services provided from Queen Elizabeth II Hospital, Howlands, Welwyn Garden City, Hertfordshire, AL7 4HQ 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 East 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 East 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 East 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 and commencement
1
This Order may be cited as the Pensions Increase (Review) Order 1991 and shall come into force on 8th April 1991.
Interpretation
2
1
In this Order —
“the 1971 Act ” means the Pensions (Increase) Act 1971 ;
“the 1974 Act ” means the Pensions (Increase) Act 1974 ;
“the 1975 Act ” means the Social Security Pensions Act 1975;
“basic rate” and “derivative pension” have the meanings given by section 17(1) of the 1971 Act ;
“the existing Orders ” means the Pensions Increase (Annual Review) Order 1972 the Pensions Increase (Annual Review) Order 1973 , the Pensions Increase (Annual Review) Order 1974 , the Pensions Increase (Annual Review) Order 1975 , the Pensions Increase (Annual Review) Order 1976 , the Pensions Increase (Annual Review) Order 1977 , the Pensions Increase (Annual Review) Order 1978 , the Pensions Increase (Review) Order 1979 , the Pensions Increase (Review) Order 1980 , the Pensions Increase (Review) Order 1981 , the Pensions Increase (Review) Order 1982 , the Pensions Increase (Review) Order 1983 , the Pensions Increase (Review) Order 1984 , the Pensions Increase (Review) Order 1985 , the Pensions Increase (Review) Order 1986 , the Pensions Increase (Review) Order 1987 , the Pensions Increase (Review) Order 1988 , the Pensions Increase (Review) Order 1989 and the Pensions Increase (Review) Order 1990 ;
“official pension” has the meaning given by section 5(1) of the 1971 Act;
“pension authority” has the meaning given by section 7(1) of the 1971 Act;
“qualifying condition” means one of the conditions laid down in section 3 of the 1971 Act ;
“relevant injury pension”, “substituted pension” and “widows pension” have the meanings given by section 17(1) of the 1971 Act.
2
For the purposes of this Order the time when a pension “begins” is that stated in section 8(2) of the 1971 Act, and the “beginning date” shall be construed accordingly.
3
Where, for the purposes of this Order, it is necessary to calculate the number of complete months in any period an incomplete month shall be treated as a complete month if it consists of at least 16 days.
Pension increases
3
The annual rate of an official pension may, if a qualifying condition is satisfied or the pension is a derivative or substituted pension or a relevant injury pension, be increased by the pension authority in respect of any period on or after 8th April 1991 as follows —
1
a pension beginning before 9th April 1990 may be increased by 10.9 per cent of the basic rate as increased by the amount of any increase under section I of the 1971 Act or the existing Orders;
2
a pension beginning on or after 9th April 1990 and before 8th April 1991 may be increased by 10.9 per cent multiplied by
A B
where
a
A is the number of complete months in the period between the beginning date of the pension and 8th April 1991, and
b
B is 12.
Increases in certain lump sums
4
In respect of any lump sum or instalment of a lump sum which became payable before 8th April 1991 but on or after 9th April 1990 there may be paid an increase of 10.9 per cent of the amount of the lump sum or instalment (as increased by the amount under section I of the 1971 Act or under the existing Orders) multiplied by
A B
where
a
A is the number of complete months in the period between the beginning date for the lump sum or, if later, 9th April 1990 and the date on which it became payable; and
b
B is 12.
Reductions in respect of guaranteed minimum pensions
5
The amount by reference to which any increase in the rate of an official pension provided for by this Order ’s to be calculated shall, in the case of a person —
a
who is entitled to a guaranteed minimum pension on 8th April 1991, and
b
whose entitlement to that guaranteed minimum pension arises from an employment from which (either directly or by virtue of the payment of a transfer credit) entitlement to the official pension also arises, be reduced by an amount equal to the rate of the guaranteed minimum pension unless the Treasury shall, in accordance with the provisions of section 59A of the 1975 Act, otherwise direct.
6
The amount by reference to which any increase in the rate of a widow’s or widower’s pension provided for by this Order is to be calculated shall, where the pensioner becomes entitled on the death of the deceased spouse to a guaranteed minimum pension, be reduced in accordance with section 59(5ZA) of the 1975 Act.
Irvine Patnick
Sydney Chapman
Two of the Lords Commissioners of Her Majesty’s Treasury
13th March 1991


text:
1
These Rules may be cited as the Value Added Tax Tribunals (Amendment) Rules 1991 and shall come into force on 1st March 1991.
2
1
The Value Added Tax Tribunals Rules 1986 shall be amended in accordance with the following provisions of these Rules.
2
In these Rules a rule referred to by number means the rule so numbered in the Value Added Tax Tribunals Rules 1986.
3
In rule 2 —
a
after the definition of “costs” there shall be inserted the following definition —
“date of notification”, in relation to any document, means the date on which a proper officer sends that document, or copy of that document, to any person under these rules;
b
after the definition of “disputed decision” there shall be inserted the following definition —
“hardship direction” means a direction that an appeal or an intended appeal should be entertained notwithstanding that the amount which the Commissioners have determined to be payable as tax has not been paid or deposited with them;
c
in the definition of “reasonable excuse appeal” —
i
after the words “with respect to the” there shall be inserted the words “liability to or”;
ii
before the figures “14(6),” there shall be inserted the figures “13A(3),”; and
iii
after the figures “14(6),”, there shall be inserted the figures “14A(5),”; and
d
in the definition of “the Registrar”, after the words “the Lord Chancellor” there shall be inserted the words “or, in Scotland, the Secretary of State”.
4
In rule 5, after the words “date of service” there shall be inserted the words “and the date of notification”.
5
In rules 7(1)(a), 7(1)(b) and 7(1)(c), for the words “the service” there shall be substituted the word “notification”.
6
In rule 8, for the words from “within 30 days” to the words “(whichever shall be the later)” there shall be substituted the following —
within the period of 30 days after —
the date of notification of the notice of appeal; or
the date of notification of the notice of withdrawal of any application under rule 6 in the appeal; or
the date on which a direction dismissing any application under rule 6 in the appeal is released in accordance with rule 30;
whichever shall be the latest
.
7
In rule 11(1), for the words “a direction (including a direction” to the end there shall be substituted the words —
a
the issue of a witness summons; or
b
a direction (including a hardship direction or a direction for the setting aside of a witness summons)
shall be made by notice served at the appropriate tribunal centre.
8
In rule 11(4), for the words “an appeal to be entertained without payment or deposit of the disputed tax” there shall be substituted the words “a hardship direction”.
9
In rule 11(6) after the words “date of service” there shall be inserted the words “and the date of notification”.
10
In rule 11(7), for the word “service” there shall be substituted the word “notification”.
11
In rule 19(4), for the words from “may summarily” to the end there shall be substituted the word “application”.
12
In rule 20(1) —
a
for the words “the parties” wherever they appear there shall be substituted the words “each of the parties”; and
b
for the words “a direction that an appeal be entertained without payment or deposit of the tax in dispute” there shall be substituted the words “a hardship direction”.
13
In rule 20(2), for sub-paragraph (b) there shall be substituted the following —
b
in any other appeal except a reasonable excuse appeal or a mitigation appeal, a period of 30 days after —
i
the date of notification of the notice of appeal; or
ii
the date of notification of the notice of withdrawal of any application under rule 6 in the appeal; or
iii
the date on which a direction dismissing any application under rule 6 in the appeal is released in accordance with rule 30;
whichever shall be the latest;
c
in an application for a hardship direction, a period of 30 days after the date of notification of the application.
.
14
In rule 21 —
a
in paragraph (3), after the word “service” there shall be inserted the words “and the date of notification of the witness statement”;
b
in paragraph (4), for the words “the service” there shall be substituted the word “notification”;
c
in paragraph 6(b), for the word “service” there shall be substituted the word “notification”; and
d
in paragraph 6(c), for the words from “the service” to the end there shall be substituted the words “notification of the Commissioners' statement of case.”.
15
1
After rule 21 there shall be inserted the following rule —
Affidavits and depositions made in other legal proceedings
21A
1
If —
a
an affidavit or deposition made in other legal proceedings (whether civil or criminal) is specified as such in a list of documents served under rule 20(1) by a party to an appeal or application or (in the case of an appeal or application to which rule 20(1) does not apply) in a notice served by such a party at the appropriate tribunal centre, and
b
it is stated in that list or notice that the party serving the list or notice proposes to give that affidavit or deposition in evidence at the hearing of the appeal or application and that the person who made that affidavit or deposition is dead, or outside the United Kingdom or unfit by reason of his bodily or mental condition to attend as a witness or (as the case may be) that despite the exercise of reasonable diligence it has not been possible to find him,
then, subject to the following paragraphs of this rule, the affidavit or deposition shall be admissible at the hearing of the appeal or application as evidence of any fact stated therein of which oral evidence by the person who made the affidavit or deposition would be admissible.
2
The time within which a notice may be served under paragraph (1) of this rule shall be before the expiration of 21 days after the date of notification of the notice of appeal or notice of application.
3
When a proper officer sends a copy of any such list or notice as is mentioned in paragraph (1) of this rule to any person pursuant to rule 20(5) or rule 11(6)(b), he shall also send to that person a copy of this rule.
4
If a party objects to an affidavit or deposition being read and admitted as evidence under paragraph (1) of this rule, he shall serve a notice of application for directions with regard to that affidavit or deposition at the appropriate tribunal centre not later than 21 days after the date of notification of the list of documents or notice (as the case may be).
5
At the hearing of an application under paragraph (4) of this rule a tribunal may give directions as to whether, and if so how and on what conditions, the affidavit or deposition may be admitted as evidence and (where applicable) as to the manner in which the affidavit or deposition is to be proved, and the affidavit or deposition shall be admissible as evidence to the extent and on the conditions (if any) specified in the direction but not further or otherwise.
6
The members of the tribunal hearing an application under paragraph (4) of this rule shall not sit on the hearing of the appeal or application to which the first-mentioned application relates.
.
2
In rule 28(1), after the words “of rule 21” there shall be inserted the words “and to rule 21A”.
16
In rule 22(4), for the words from the beginning to “is thereby required.” there shall be substituted the following —
A summons issued under this rule shall be signed by a chairman or the Registrar and must be served —
where the witness or third party is an individual, by leaving a copy of the summons with him and showing him the original thereof,
where the witness or third party is a body corporate, by sending a copy of the summons by post to, or leaving it at, the registered or principal office of the body to be served,
not less than 4 days before the day on which the attendance of the witness or third party or the posting of the document is thereby required.
.
17
In rule 26(1), after the word “decision” there shall be inserted the words “or direction”.
18
In rule 29(1)(b), for the words “Taxing Master or District Registrar of the Supreme Court of Judicature in England” there shall be substituted the words “Taxing Master of the Supreme Court or a district judge of the High Court of Justice in England and Wales”.
19
In rule 30(1) —
a
for the words “in any event” there shall be substituted the words “subject to paragraph (8) of this rule”; and
b
for the words “date of a decision” there shall be substituted the words “date on which the decision is released in accordance with this rule”.
20
In rule 30(2), for the words “date of such direction” there shall be substituted the words “date on which the direction is released in accordance with this rule”.
21
In rule 30(7), after the word “reinstated” there shall be inserted the words “or the decision or direction set aside”.
22
After rule 30(7) there shall be inserted the following paragraph —
8
If, at the conclusion of the hearing of a mitigation appeal or a reasonable excuse appeal at which each of the parties appears in person or by his representative, the chairman gives or announces the decision of the tribunal the chairman may ask the parties whether they require the decision of the tribunal to be recorded in a written document in accordance with paragraph (1) of this rule, and if neither of the parties so requires, the foregoing provisions of this rule shall apply as if the appeal had been an application.
.
23
In rule 31 —
a
at the end of paragraph (1), for the word “centre.”, there shall be substituted the words “centre or by a facsimile of the same being received at the appropriate tribunal centre by facsimile transmission process.”; and
b
in paragraph (2), after the word “document” there shall be inserted the words “(including a facsimile of a document)”.
24
After rule 32(3) there shall be inserted the following paragraph —
4
Any reference in this rule to the sending of any document to any party to an appeal or application or to any other person by post shall be construed as including a reference to the transmission of a facsimile of such document by facsimile transmission process.
.
Mackay of Clashfern, C.
Dated 6th February 1991


text:
Citations, commencement and interpretation
1
1
This Order may be cited as the Wrexham and East Denbighshire Water Order 1991 and shall come into force on 27th January 1992.
2
The Wrexham and East Denbighshire Water Acts and Orders 1864 to 1983 and this Order may be cited together as the Wrexham and East Denbighshire Water Acts and Orders 1864 to 1991.
3
In this Order “the Company” means the Wrexham and East Denbighshire Water Company.
Ordinary meeting
2
1
Notwithstanding anything contained in the Companies Clauses Consolidation Act 1845 or in any other enactment relating to the Company, the ordinary general meeting of the Company shall be held in each year after the year ninenteen hundred and ninety one in the month of July, or in such other month as the directors may from time to time appoint.
2
Section 9 of the Wrexham and East Denbighshire Water ( No. 2) Order 1954 is hereby repealed.
David Hunt
Secretary of State for Wales
12th December 1991


text:
1
These Regulations may be cited as the Merchant Shipping (Light Dues) (Amendment) (No. 2) Regulations 1991 and shall come into force on 1st September 1991.
2
The Merchant Shipping (Light Dues) Regulations 1990 shall be amended in the Schedule thereto as follows:–
a
in paragraph 1(1) of Part I (Scale of Payments):
for “32 pence” (in both places) substitute “35 pence”;
for “64 pence” substitute “70 pence”;
for paragraph 1(4) of Part I substitute the following:–
4
In the year commencing 1st April 1991 and in any subsequent year a ship shall not be required to make payments on account of light dues for more than seven voyages in total.
.
Signed by authority of the Secretary of Statefor Transport
Christopher Chope
Parliamentary Under Secretary of State,
Department of Transport
31st July 1991


text:
1
This Order may be cited as the Public Telecommunication System Designation (Videotron Thamesmead Limited) Order 1991 and shall come into force on 3rd September 1991.
2
Each of the Applicable Cabled Systems is hereby designated as a public telecommunication system.
John Redwood
Minister of State,
Department of Trade and Industry
30th July 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Financial Services Act 1986 (Miscellaneous Exemptions) Order 1991 and shall come into force on 1st April 1991.
2
In this Order, “ the Act ” means the Financial Services Act 1986.
Limited exemption of Scottish Nuclear Limited and connected bodies corporate
2
1
Scottish Nuclear Limited and any body corporate connected with it shall each be an exempted person as respects any activities falling within paragraph 13 of Schedule 1 to the Act in which it engages for the purposes of enabling or facilitating transactions in shares or debentures (as defined in paragraph 20(4) of that Schedule) in or of ScottishPower plc between or for the benefit of any of the persons mentioned in paragraph (2) below or the holding of such shares or debentures by or for the benefit of any such persons.
2
The persons referred to in paragraph (1) of this article are —
a
the bona fide employees or former employees of Scottish Nuclear Limited or any body corporate within the same group (within the meaning of paragraph 30 of Schedule 1 to the Act) as Scottish Nuclear Limited; and
b
the wives, husbands, widows, widowers or children (including in Northern Ireland, adopted children) or step-children under the age of eighteen of such employees or former employees.
3
For the purposes of this article —
a
a body corporate shall be regarded as connected with another body corporate if it would be so regarded for the purposes of paragraph 20 of Schedule 1 to the Act; and
b
a person shall be regarded as a former employee of any person even though never employed by that person if he occupied a position in relation to some other person of such a kind that it may reasonably be assumed that he would have been a former employee of the first person had the reorganisation of the electricity industry under Part II of the Electricity Act 1989 been effected before he ceased to occupy the relevant position.
Exemption of European Bank for Reconstruction and Development
3
The European Bank for Reconstruction and Development shall be an exempted person.
John Redwood
Minister of State,
Department of Trade and Industry
2nd March 1991


text:
1
These Regulations may be cited as the Industrial Assurance (Fees)Regulations 1991 and shall come into force on 1st April 1991.
2
In the Regulations“ the Act ” means the Industrial Assurance Act 1923.
3
The fees set out in the Schedule hereto shall be payable in respectof the matters set out therein.
4
The Industrial Assurance (Fees) Regulations 1990 are hereby revoked.
J M Bridgeman
Industrial Assurance Commissioner
5th March 1991
We approve these Regulations,
Sydney Chapman
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
7th March 1991


text:
1
This Order may be cited as the Immigration Act 1988 (CommencementNo. 2) Order 1991.
2
Paragraph 1 of the Schedule to the Immigration Act 1988 shall comeinto force on 16th May 1991. Home Office
Kenneth Baker
One of Her Majesty’s Principal Secretaries of State
Home Office
16th April 1991


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


text:
Citation and commencement
1
These Rules may be cited as the Rules of Procedure (Army) (Amendment) Rules 1991 and shall come into force on 1st January 1992.
Interpretation
2
In these Rules “the principal Rules ” means the Rules of Procedure (Army) 1972 .
Amendment
3
The principal Rules shall be amended in the manner and to the extent prescribed in the Schedule to these Rules.
Archie Hamilton
Minister of State, Ministry of Defence
9th December 1991


text:
Title, extent and commencement
1
This Order may be cited as the Plant Health (Great Britain) (Amendment) Order 1991, shall apply to Great Britain and shall come into force on 14th March 1991.
Amendment of the Plant Health (Great Britain) Order 1987
2
The Plant Health (Great Britain) Order 1987 shall be amended as follows —
1
In article 3 (interpretation) —
a
in paragraph (1) —
i
in the definition of “Member State” the words “or the French overseas departments” shall be omitted;
ii
the definition of “progressive wilt disease” shall be omitted;
b
after paragraph (2) there shall be inserted the following paragraph —
2A
Any reference in this Order to a particular plant includes reference to a hybrid containing genetic material from the family, genus or species to which that plant belongs.
;
2
In article 6 (phytosanitary certificates for imported plants etc. ) —
a
in paragraph (1) for the words “Subject to paragraphs (2) and (3) of this article” there shall be substituted the words “Subject to paragraphs (2), (3) and (4) of this article”.
b
after paragraph (3) there shall be inserted the following paragraph —
4
In the case of plants, soil or growing medium of a description specified in column 2 of Schedule 3 (other than those plants, soil or growing medium which are subject to paragraphs (2) or (3) of this article) the phytosanitary certificate shall have been issued in the country in which the conditions specified in column 3 of Schedule 3 were fulfilled whether or not that country was the country of origin.
;
3
In article 12 (exports of plants etc. to Member States) for paragraph (4) there shall be substituted the following paragraph —
4
No person shall export from Great Britain to a Member State any consignment of plants or growing medium which —
a
is of a description specified in Schedule 4, and
b
originated in another Member State or a third country,
unless the consignment is accompanied by a phytosanitary certificate issued in the country of origin or issued in accordance with article 6(4), or a certified copy of that certificate.
;
4
Article 38 (destruction of dead and dying bines and leaves of hop plants etc.) shall be omitted and the heading above it (“ Progressive wilt disease ”) shall be omitted and replaced with the heading “ Verticillium wilt disease ” immediately above article 39;
5
For article 40 (restriction on the planting or movement for planting of hop plants grown in certain counties) there shall be substituted the following article —
Planting records of hop plants
40
1
Subject to article 39, the occupier or other person in charge of any farm in England and Wales on which hop plants are grown shall maintain a record of the following particulars in relation to those hop plants —
a
the farm from which they were obtained or a statement that they were grown on the farm on which they are planted;
b
the date on which they were planted;
c
the variety;
d
the location where they were planted; and
e
the number of plants involved in respect of particulars specified in subparagraphs (a) to (d) above.
2
Every record required to be made by a person under this article shall be made by him as soon as reasonably practicable after the completion of the planting to which the record relates.
3
Every record required to be made by a person under this article shall be retained by him for a period of 5 years from the date of the completion of the planting.
4
Any person who is for the time being in charge of any record required to be made under this article shall, on demand made by an inspector at any reasonable time during that period, produce such records and allow a copy to be made or an extract to be taken and where the records are kept by means of a computer they shall be produced in a form in which they may be taken away.
;
6
Article 41 (restriction on the planting or sale for planting of certain hop plants) shall be omitted;
7
In Part IIC of Schedule I for Item 14 ( Verticillium albo-atrum Reinke and Berth.) there shall be substituted the following Item —
14
Verticillium albo-atrum Reinke and Berth. — Verticillium Wilt Disease.
Plants of hop ( Humulus lupulus L.) and seeds of lucerne ( Medicago sativa L.)
;
8
In Part IIIC of Schedule 1 for Item 9 ( Verticillium albo-atrum Reinke and Berth.) there shall be substituted the following Items —
9
Verticillium albo-atrum Reinke and Berth. — Verticillium Wilt Disease other than where it occurs on plants of hop
10
Verticillium dahliae — Kleb — Hop Wilt
;
9
In Part IIC of Schedule 3 for Item 16 there shall be substituted the following Items —
16
Plants of:–
Apium graveolens L.
Brassica L.
Capsicum annuum L.
Chrysanthemum L.
Cucumis L.
Dendranthema (DC.) Des Moulins
Dianthus L.
Gerbera L.
Gypsophila L.
Lactuca Sativa L.
Leucanthemum Miller
Lycopersicon Lycopersicum (L.) Karsten melongena L.
Tanacetum L.
other than plants in tissue culture.
1
Where the plants comprising the consignment were grown in a Member State an official statement shall have been made:–
a
either that the plants or, in the case of cuttings, the stock plants were grown at a place of production at which no evidence of Amauromyza maculosa (Malloch), Liriomyza huidobrensis (Blanchard), Liriomyza sativae (Blanchard) or Liriomysa trifolii (Burgess) has been observed during official inspections carried out at least monthly during the three months prior to harvesting; or
b
that immediately prior to export the plants have been inspected and found free from evidence of the pests specified in paragraph 1(a) of this Item and have been subjected to an appropriate treatment aimed at eradicating those pests..
2
Where the plants comprising the consignment were grown in a third country an official statement shall have been made that the plants or, in the case of cutting, the stock plants were grown at a place of production at which no evidence of the pests specified in paragraph 1(a) of this Item has been observed during official inspections carried out at least monthly during the three months prior to harvesting.
16A
Herbaceous plants (other tan those referred to in Item 16 above) other than plants in tissue culture.
Where the plants comprising the consignment were grown in a Member State where the pests specified in paragraph 1(a) of Item 16 are known to occur or in a third country an official statement shall have been made:–
either that the plants or, in the case of cuttings, the stock plants were grown at a place of production at which no evidence of the pests specified in paragraph 1(a) of Item 16 has been observed during an official inspection carried out prior to harvesting; or
that immediately prior to export the plants have been inspected and found free from evidence of the pests specified in paragraph 1(a) of Item 16 and have been subjected to an appropriate treatment aimed at eradicating those pests.
; and
10
For Schedule 5 (meaning of “Directive 77/93/ EEC ”) there shall be substituted the Schedule set out in the Schedule to this Order.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 11th February 1991.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Strathclyde
Parliamentary Under Secretary of State, Scottish Office
12th February 1991
David Hunt
Secretary of State for Wales
13th February 1991


text:
Citation and commencement
1
This Order may be cited as the European Communities (Designation)(No. 2) Order 1991 and shall come into force on 25th April 1991.
Designation of Ministers or departments
2
1
For the purposes of section 2(2) of the European Communities Act1972 the Ministers or government departments specified in column 1 ofthe Schedule to this Order are hereby designated in relation to thematters specified in column 2 of that Schedule.
2
Where a Minister or government department is designated in relationto any item in column 2 of the said Schedule, then, for the purposes ofthe said section 2(2), that Minister or government department is alsohereby designated in relation to anything supplemental or incidental tothe matters specified in that item.
3
Where more than one Minister or government department is designatedby this Order in relation to any matter, the designation has effect asrespects the making of regulations by any of them or by more than one ofthem acting jointly.
4
Regulations made by a Northern Ireland department in pursuance ofthis Order, that are not made jointly with any Minister, shall form partof the law of Northern Ireland and not of any other part of the UnitedKingdom.
G. I. de Deney
Clerk of the Privy Council


text:
Title, commencement, and extent
1
1
These Regulations may be cited as the Temporary Set-Aside Regulations 1991 and shall come into force on 16th August 1991.
2
These Regulations shall apply to Great Britain.
Interpretation
2
1
In these Regulations, unless the context otherwise requires–
“aid” means the aid referred to in articles 2(a) and (b) of the Council Regulation;
“application” means an application under regulation 3 and “applicant” shall be construed accordingly;
“the appropriate Minister” means–
in relation to England, the Minister of Agriculture, Fisheries and Food;
in relation to Scotland or Wales, the Secretary of State;
“the Broads” shall have the same meaning as in section 2(3) of the Norfolk and Suffolk Broads Act 1988 ;
“beneficiary” means a person whose application has been accepted;
“claim” means a claim for aid under regulation 7;
“the Commission Regulation” means Commission Regulation ( EEC ) No. 2069/91 laying down detailed rules for the application of the temporary set-aside scheme for arable land in the 1991/92 marketing year;
“Community Scheme” means the scheme for the temporary setaside of arable land introduced by the Council Regulation;
“the Council Regulation” means Council Regulation (EEC) No. 1703/91 introducing a temporary set-aside scheme for arable land for the 1991/92 marketing year and laying down special measures for that marketing year under the set-aside scheme provided for in Regulation (EEC) No. 797/85 ;
“designated maps” means–
in relation to England, the 3 volumes of maps numbered 1 to 3, each such volume being marked “volume of maps of less-favoured farming areas in England” and with the number of the volume, dated 20th May 1991, signed and sealed by the Minister of Agriculture, Fisheries and Food and deposited at the offices of the Ministry of Agriculture, Fisheries and Food at Nobel House, 17 Smith Square, London SW1P 3JR;
in relation to Wales, the 2 volumes of maps numbered 1 and 2, both volumes being marked “volume of maps of less-favoured farming areas in Wales” and with the number of the volume, dated 20th May 1991, signed by the Secretary of State for Wales and deposited at the offices of the Welsh Office Agriculture Department at Trawsgoed, Aberystwyth, Dyfed SY23 4HT;
in relation to Scotland, the 4 maps numbered 1 to 4, each such map being marked “map of less-favoured farming areas in Scotland” and with the number of the map, dated 15th May 1991, signed by the Secretary of State for Scotland and deposited at the offices of the Scottish Office Agriculture and Fisheries Department at Pentland House, 47 Robb’s Loan, Edinburgh EH14 1TW;
“eligible arable crops” means those crops which are referred to in Article 1(2) of the Commission Regulation;
“eligible person” means a person who on the date of submission of his application occupies a holding as an owner or tenant;
“holding” means land which is occupied as a unit for agricultural purposes;
“landlord” means–
in England and Wales, in relation to the tenant of a holding or part of a holding, any person who either solely or jointly owns or has a superior tenancy of that holding or part;
in Scotland–
in the case of an agricultural holding to which the Agricultural Holdings (Scotland) Act 1949 (“the 1949 Act ”) applies, the landlord within the meaning of section 93(1) of that Act;
in the case of a croft within the meaning of the Crofters (Scotland) Act 1955 , the landlord within the meaning of section 37(1) of that Act;
in the case of a holding within the meaning of the Small Landholders (Scotland) Act 1911 to which the 1949 Act does not apply, the same as it means in the 1911 Act;
and, where appropriate, includes a head tenant;
“less-favoured area” means land–
which is situated in an area included in the list of less-favoured farming areas adopted by the Council or the Commission of the European Communities under Article 2(2) of Council Directive 75/268/EEC on mountain and hill farming and farming in certain less-favoured areas, as amended by Council Directive 80/666/EEC , which list is contained in Council Directive 84/169/EEC , as amended by Commission Decision 91/25/EEC , and
which–
is, in the opinion of the appropriate Minister, inherently suitable for extensive livestock production but not for the production of crops in quantity materially greater than that necessary to feed such livestock as are capable of being maintained on such land, and whose agricultural production is, in the opinion of the appropriate Minister, restricted in its range by, or by any combination of, soil, relief, aspect or climate, or
is situated in the Isles of Scilly,
which land is within the area shaded blue or pink on the designated maps;
“National Park Authority” means a special planning board or a joint planning board or a National Park Committee constituted or reconstituted in accordance with Part I of Schedule 17 to the Local Government Act 1972 ;
“Nature Conservancy Council” means in relation to England, the Nature Conser vancy Council for England; in relation to Scotland, the Nature Conservancy Council for Scotland, and in relation to Wales, the Countryside Council for Wales;
“obligations” means the obligations specified in regulation 4;
“plant cover types” means those types listed in Schedule 1;
“premium” means that part of the aid which is referred to in article 2(a) of the Council Regulation;
“registration” means the process of registering for the Community scheme with the appropriate Minister by supplying the information required by article 3 of the Commission Regulation, and “registered” and “registration form” shall be construed accordingly;
“to set aside” means, in relation to land, to withdraw it from agricultural production, and “setting aside” shall be construed accordingly;
“Site of Special Scientific Interest” means any area of land notified by the Nature Conservancy Council under the provisions of section 28(1) of the Wildlife and Countryside Act 1981 ;
“temporary set-aside period” means the period starting with 1st September 1991 and ending with 31st August 1992;
“tenant” means–
in England and Wales, a person who occupies a holding or part of a holding either–
under an agreement for the letting of land for a tenancy from year to year; or
under an agreement which has effect by virtue of section 2(1) or section 3(1) of the Agricultural Holdings Act 1986 as an agreement for the letting of land for a tenancy from year to year; or
under a contract of tenancy for a fixed term of years of which at least one year remains unexpired at the commencement of the temporary set-aside period;
in Scotland–
in the case of an agricultural holding in which the Agricultural Holdings (Scotland) Act 1949 (“the 1949 Act”) applies, the tenant within the meaning of section 93(1) of that Act;
in the case of a croft within the meaning of the Crofters (Scotland) Act 1955, the crofter within the meaning of section 3(2) of that Act;
in the case of a holding within the meaning of the Small Landholders (Scotland) Act 1911 to which the 1949 Act does not apply, the tenant within the meaning of section 2(2) of the 1911 Act;
and, where appropriate, includes a sub-tenant;
“vernacular buildings” means buildings traditionally found in the locality.
2
Any reference in these Regulations to a numbered regulation or Schedule shall be construed as a reference to the regulation or Schedule bearing that number in these Regulations.
Applications
3
1
An application for aid under the Community Scheme may be submitted to the appropriate Minister by an eligible person who has registered his land with that Minister on or before 31st July 1991.
2
Such an application–
a
shall be made to the appropriate Minister on or before 31st August 1991;
b
shall contain the information specified in article 9 of the Commission Regulation (which deals with the content of applications);
c
shall include details of any changes in the information given on the applicant’s registration form; and
d
shall contain an undertaking that the applicant will abide by the obligations referred to in regulation 4 for the duration of the temporary set-aside period.
Obligations
4
The obligations referred to in regulation 3(2)(d) are as follows:
a
to set aside on the holding an area of land which was planted in preparation for the 1991 harvest with one or more of the eligible arable crops in accordance with the terms of Article 1(3) of the Council Regulation (which deals with the areas of land to be set aside and the areas to remain under cultivation);
b
to observe the requirements of Article 1(3) of the Council Regulation with regard to the area of the holding left under cultivation;
c
to plant the land set aside with one or more of the plant cover types in accordance with the terms of Article 2(2) of the Commission Regulation (which deals with conditions relating to the land set aside);
d
to observe the conditions set out in Schedule 2 for management of the land set aside.
Additional requirements in relation to land area
5
1
The area set aside under the Community Scheme shall include either–
a
one whole field amounting to at least half a hectare;
or
b
an area consisting of adjacent whole fields and amounting to at least half a hectare.
2
Where any land set aside consists of a strip of land, that strip shall be at least 15 metres wide.
3
Land acquired by a beneficiary during the temporary set-aside period shall not be eligible for inclusion in the Community Scheme.
4
Land acquired by an eligible person before 31st August 1991 may be the subject of an application provided that land has been registered.
Restrictions on acceptance of applications
6
1
The appropriate Minister shall not accept an application from an eligible person who proposes to set aside land within a Site of Special Scientific Interest, a National Park or the Broads unless he is satisfied that that person has notified the Nature Conservancy Council, the National Parks Authority or the Broads Authority respectively in writing of his intention to make the application.
2
The appropriate Minister shall not accept an application from a tenant unless he is satisfied that the tenant has notified the landlord of the land which is the subject of the application in writing of his intention to make the application.
3
The appropriate Minister shall not accept an application where he is satisfied that–
a
the setting aside of any land or the use of any land that would be set aside in accordance with the proposals contained in that application would frustrate the purposes of any assistance previously given or to be given out of money provided by Parliament or by the European Economic Community; or
b
payment of aid in respect of any land which an applicant proposes to set aside would duplicate any assistance previously given or to be given out of money provided by Parliament or by the European Economic Community.
Claims
7
1
A claim for aid shall be made on or before 31st August 1992.
2
A claim shall include details of any changes in the information given in the application.
3
A claim shall include a declaration that the beneficiary has fulfilled the obligations.
Rates of premium
8
The premium shall be payable at the rate per hectare of the land set aside shown in the table set out overleaf:
Payment per hectare of land set aside Less-favoured area Elsewhere £ £
i
Where the beneficiary has undertaken to set aside more than 100 hectares and more than 75 per cent of the land which was planted with eligible arable crops for the 1991 harvest, each hectare in excess of the first 100 hectares
79.20 91.20
ii
Each hectare to which (i) above does not apply
109.20 121.20
Change of occupation of whole of holding
9
1
Where during the temporary set-aside period there is a change of occupation on a holding of the whole of the area set aside and the whole of the area left under cultivation in accordance with Article 1(3) of the Council Regulation by reason of the devolution of those areas on the death of a beneficiary or otherwise–
a
the beneficiary (or, if he has died, his personal representatives) shall notify the appropriate Minister in writing of the change of occupation and shall supply to that Minister in writing details of that change of occupation;
b
the new occupier may give an undertaking to the appropriate Minister to comply with the obligations relating to that holding for the remainder of the temporary set-aside period.
2
The appropriate Minister shall not accept an undertaking given under paragraph 1(b) above unless that Minister is satisfied that that new occupier occupies that holding as an owner or tenant or as the personal representative of the original occupier.
3
Where the appropriate Minister has accepted an undertaking given under paragraph 1(b) above that occupier shall be deemed to be a beneficiary and the undertaking to comply with the obligations shall take effect on the date of the acceptance by that Minister of that undertaking.
4
Where a new occupier is deemed to be a beneficiary the Minister may make payments of the aid due under the Community Scheme to that beneficiary and accordingly the original occupier shall cease to be treated as a beneficiary.
5
Where within a period of three months from the date of change of occupation a new occupier has not given an undertaking to comply with the obligations assumed by the original occupier, the appropriate Minister may withhold or recover the whole or any part of any payments of aid due or made to the original occupier or his personal representative.
6
Paragraph (5) above shall not apply where the change of occupation of a holding is the result of–
a
the compulsory purchase of that holding;
b
the death of the original occupier, and
i
that original occupier occupied that holding as a tenant; and
ii
following the death of that original occupier the tenancy or lease under which he occupied that holding was terminated by the landlord; or
c
in England and Wales, the termination of a tenancy following the operation of a notice to quit to which the Agricultural Land Tribunal has consented under section 26(1) of the Agricultural Holdings Act 1986 , having been satisfied as to any of the matters specified in section 27(3) of that Act, or the termination of a tenancy following the service of a notice to quit stating that the circumstances in Case A, B, G or H of Schedule 3 to that Act apply; or
d
in Scotland, the termination of a tenancy following the operation of a notice to quit to which the Scottish Land Court has consented under section 25(1) of the Agricultural Holdings (Scotland) Act 1949 , having been satisfied as to any of the matters referred to in section 26(1)(b) to (e) of that Act, or the termination of a tenancy following service of a notice to quit to which section 25(2)(c) of that Act applies.
Change of occupation of part of holding
10
1
Where during the temporary set-aside period there is a change of occupation on a holding of the whole or part of the area set aside under the Community Scheme, the original occupier shall no longer be treated as a beneficiary and accordingly shall not be entitled to aid.
2
Where during the temporary set-aside period there is a change of occupation on a holding of the whole or part of an area other than the area set aside the original occupier may continue to be treated as a beneficiary.
Withholding and recovery
11
1
Where a person with a view to obtaining the payment of aid to himself or any other person, makes any statement or furnishes any information which is false or misleading in a material respect, the appropriate Minister may withhold the whole or any part of any aid payable to that person or to such other person, and may recover the whole or any part of any aid already paid to that person or to such other person.
2
Where a beneficiary–
a
fails to comply with any of the obligations; or
b
fails without reasonable excuse to permit entry and inspection by an authorised officer or to render all reasonable assistance to such authorised officer as required by regulation 12,
the appropriate Minister may withhold the whole or any part of any aid payable to that beneficiary, and may recover the whole or any part of any aid already paid to him.
3
Where the appropriate Minister recovers from a beneficiary or any other person any aid already paid to him, that Minister may in addition require from that beneficiary or other person payment of interest calculated in accordance with Article 21(1) of the Commission Regulation.
4
Before withholding or recovering any premium under paragraph (2)(a) above, the appropriate Minister shall–
a
give to the beneficiary a written explanation of the reasons for the proposed withholding or recovery; and
b
afford the beneficiary an opportunity of appearing before and being heard by a person appointed for that purpose by the appropriate Minister; and
c
consider the report by the person so appointed and supply a copy of the report to the beneficiary.
Requirement to permit entry and inspection
12
1
A person who has registered, who has made an application or who is a beneficiary shall permit any officer duly authorised by the appropriate Minister, accompanied by such persons acting under his instructions as appear to that officer to be necessary for the purpose, at all reasonable times and on production of his authority on demand, to enter upon that person’s holding in order to inspect any land, document or record with a view to verifying–
a
the accuracy of any particulars given in a registration form, application or claim; and
b
compliance with the obligations.
2
A person to whom paragraph (1) applies shall render all reasonable assistance to paragraph (1), and in particular shall–
a
produce such document or record as may be required by that officer for inspection; and
b
at the request of that officer, accompany him in making the inspection of any land and identify any area of land which is mentioned in any registration form or concerned in any application or claim.
False statements
13
1
If any person, for the purposes of obtaining for himself or any other person any aid, knowingly or recklessly makes a false statement, he shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
2
Where an offence under paragraph (1) above which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of–
a
any director, manager, secretary or other similar officer of the body corporate, or
b
any person who was purporting to act in any such capacity,
he as well as the body corporate shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
3
In this regulation, in Scotland any reference to a body corporate includes a reference to a partnership and any reference to a director, manager, secretary or other similar officer of a body corporate includes a reference to a partner.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 8th August 1991.
Trumpington
Minister of State of Agriculture, Fisheries and Food
Strathclyde
Parliamentary Under Secretary of State, Scottish Office
9th August 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Doncaster Healthcare National Health Service Trust (Establishment) Order 1991 and shall come into force on 1st November 1991.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of or Schedule 1 to the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 1st November 1991;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Doncaster Healthcare National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Doncaster Healthcare National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided atSt. Catherine’s Hospital, Tickhill Road, Doncaster, DN4 8QN and associated hospitals;
b
to manage community health services provided from St. Catherine’s Hospital, Tickhill Road, Doncaster, DN4 8QN 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 Doncaster Health Authority shall —
a
until the operational date make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The Doncaster Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the Doncaster Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Stephen Dorrell
Parliamentary Under Secretary of State,
Department of Health
21st October 1991


text:
1
This Order may be cited as the Companies Act 1989 (Commencement No. 14 and Transitional Provision) Order 1991.
2
Sections 1 and 11 in Part I of the Companies Act 1989 shall come into force on 1st July 1992 for the purpose of inserting the new section 242A into Part VII of the Companies Act 1985 , subject to the transitional provision set out in article 3 below.
3
1
This article applies where–
a
the requirements of section 242 of the Companies Act 1985 as to the delivering of accounts and reports before the end of the period allowed for so doing have not been complied with before 1st July 1992, and
b
those requirements have still not been complied with on that date.
2
In such a case, the period by reference to the length of which the amount of the penalty is determined under section 242A(2) of the Companies Act 1985 shall be deemed to commence on 1st July 1992.
John Redwood
Minister of State,
Department of Trade and Industry
20th December 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Wiltshire 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 Wiltshire 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 Wiltshire 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 St. John’s Hospital, Bradley Road, Trowbridge, Wiltshire BA14 0QU and associated hospitals;
b
to manage community health services provided from St. John’s Hospital, Bradley Road, Trowbridge, Wiltshire BA14 0QU 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 Bath 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 Bath 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 Bath 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
These Regulations may be cited as the National Health Service (Dental Services) (Miscellaneous Amendments) Regulations 1991 and shall come into force on 1st April 1991.
2
In these Regulations, “the principal Regulations ” means the National Health Service (General Dental Services) Regulations 1973 .
Amendment of regulation 4 of the principal Regulations
2
In regulation 4(1) of the principal Regulations (dental list) after sub-paragraph (b) there is inserted the following sub-paragraph: —
c
regulation 4A.
.
Insertion of regulation 4A into the principal Regulations
3
After regulation 4 of the principal Regulations (dental list) there is inserted the following regulation: —
Restrictions on the right to be included in a dental list
4A
A dentist shall not be entitled to have his name included in the dental list prepared by any Family Authority if he has previously withdrawn his name from that or any other dental list or any list prepared pursuant to section 25(2)(a) of the National Health Service (Scotland) Act 1978 in circumstances where the Secretary of State has certified for the purposes of regulation 8(7) of the National Health Service (Superannuation) Regulations 1980 or, as the case may be, regulation 10(4) of the National Health Service (Superannuation) (Scotland) Regulations 1980 that, in the interests of the efficiency of general dental services, he should cease to provide such services.
.
Amendment of regulation 9 of the principal Regulations
4
In regulation 9 of the principal Regulations (constitution of the Dental Practice Board) for the words “seven other members of whom five shall be dentists” there are substituted the words “six other members of whom three shall be dentists”.
Amendment of regulation 23 of the principal Regulations
5
In regulation 23(1) of the principal Regulations (Statement of Dental Remuneration) after the entries relating to Determination VIII (postgraduate education allowances) there are added the following entries in the appropriate columns: —
IX Reimbursement of non-domestic rates.
Substitution of regulation 24 in the principal Regulations
6
For regulation 24 of the principal Regulations (approval of payments) there is substituted the following regulation: —
Approval and payments
24
1
The Board shall, where it is satisfied —
a
that a patient has been accepted by a dentist, other than a salaried dentist, under a continuing care arrangement or a capitation arrangement or for treatment on referral, make the payments which, in accordance with the Scale of Fees, fall to be made by it to the dentist in respect of such an arrangement or referral; or
b
that a continuing care arrangement or capitation arrangement has terminated or treatment on referral has terminated or has been completed, cease such payments to the dentist.
2
The Board shall, where it approves a claim for remuneration made by a dentist, other than a salaried dentist, in respect of —
a
care and treatment under a continuing care arrangement or a capitation arrangement;
b
treatment on referral; or
c
occasional treatment,
completed by the dentist, pay, in accordance with the Scale of Fees, the remuneration due to the dentist in respect of such care and treatment, treatment on referral or occasional treatment.
3
The Board shall, where it approves a claim for remuneration made by a dentist, other than a salaried dentist, in any case falling within paragraph 14(1) or 16(4) of Schedule 1 (inability of dentist to complete treatment), pay, in accordance with the Scale of Fees, and without prejudice to the National Health Service (Dental Charges) Regulations 1989 , the remuneration due to that dentist in respect of such care and treatment or occasional treatment as he has provided.
4
The remuneration which it is the function of the Board to pay shall be paid in accordance with Determinations III , IV , VI , VII , VIII and IX of the Statement of Dental Remuneration.
5
The Family Authority —
a
shall pay to a salaried dentist remuneration in accordance with Determination II , and
b
shall pay to a dentist, other than a salaried dentist, remuneration in accordance with Determination V.
6
In the case of orthodontic care and treatment the Board may make such payments on account as it considers appropriate pending completion of that care and treatment.
.
Amendment of regulation 26 of the principal Regulations
7
In regulation 26(1) of the principal Regulations (recovery of overpayments) for the words from “Where the Committee considers” to “the Committee directs otherwise, shall” there are substituted the words “Where the Family Authority or the Board considers it has made a payment to a dentist owing to an error or in circumstances when it was not due, the Family Authority or, as the case may be, the Board shall, except to the extent that the Secretary of State on an application of the Family Authority or, as the case may be, the Board directs otherwise”.
Amendment of regulation 26D of the principal Regulations
8
In regulation 26D of the principal Regulations (payments in consequence of suspension-amount and lime of payments) —
a
in paragraph (5) for the words “and make an appropriate payment of any arrears” there are substituted the words “and determine that a claimant is entitled to an appropriate payment of any arrears”;
b
there are inserted after paragraph (5) the following paragraphs: —
5A
Where the Family Authority determines that a claimant is entitled to a payment, it shall inform the Board of the amount of that payment and authorise the Board to make the payment to the claimant.
5B
The Board shall make to the claimant any payments authorised by the Family Authority.
; and
c
in paragraph (6) for the words from “Payments shall,” to “in arrears” there are substituted the words “Payments under paragraph (5B) shall be made monthly in arrears”.
Amendment of regulation 26E of the principal Regulations
9
In regulation 26E of the principal Regulations (payments in consequence of suspension-change of circumstances) —
a
in paragraph (1) the words “by the Committee” are omitted; and
b
in paragraph (2) —
i
for the words “it shall make” there are substituted the words “it shall determine”; and
ii
after the words “that change” there are inserted the words “and notify the Board accordingly”.
Amendment of regulation 26F of the principal Regulations
10
In regulation 26F of the principal Regulations (payments in consequence of suspension-overpayments) —
a
for the words “the Committee” where they first occur there are substituted the words “the Board”; and
b
for the words “the Committee’s application” there are substituted the words “the Board’s application”.
Amendment of Schedule 1 to the principal Regulations
11
1
Paragraph 25 of Schedule I to the principal Regulations (completion of an estimate) —
a
in sub-paragraph (3), head (a) is omitted; and
b
in sub-paragraph (4)(a) for the words “by the patient,” there are substituted the words “, by the patient or by any person acting on behalf of the patient”; and
c
sub-paragraph (4)(c) is omitted.
2
In paragraph 37(10) of Schedule 1 to the principal Regulations (deputies and assistants) the words “or section 8(2) of the Health and Medicines Act 1988” are omitted.
Amendment of the National Health Service (Service Committees and Tribunal) Regulations 1974
12
1
The National Health Service (Service Committees and Tribunal) Regulations 1974 shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 10 (decision of Family Health Services Authority) —
a
in paragraph (10) for the word “Where” where it first occurs there are substituted the words “Subject to paragraph (1OA), where”; and
b
after paragraph (10) there is inserted the following paragraph: —
1OA
Where, in the case of a dentist, a Family Health Services Authority determine under this regulation that action should be taken in accordance with —
a
paragraph (5)(a), by way of a deduction from the dentist’s remuneration and a payment of the amount deducted to the person mentioned in that provision; or
b
paragraph (5)(b), by way of a withholding from the dentist’s remuneration,
that Authority shall notify the Dental Practice Board and the Board shall take that action.
.
3
In regulation 14 (procedure on withholding money) after paragraph (1) there is inserted the following paragraph: —
1A
Where, in the case of a dentist, a Family Health Services Authority determine to recover any such amount from the dentist’s remuneration, that Authority shall notify the Dental Practice Board and the Board shall recover that amount from the remuneration of the dentist.
.
Amendment of the National Health Service (Dental Charges) Regulations 1989
13
1
The National Health Service (Dental Charges) Regulations 1989 shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 4 (calculation of charges) —
a
in paragraph (4) after the words “health authority” —
i
in the first place where they occur there are inserted the words “or NHS trust”; and
ii
in the second place where they occur there are inserted the words “,an NHS trust”; and
b
in paragraph (5) for “£150” in each place where it occurs there is substituted “£200”.
3
In regulation 5 (conditions for exemption under the Act) —
a
in paragraph (1)(b) after the words “Secretary of State” there are inserted the words “or an NHS trust”; and
b
in paragraph (4) after the words “Secretary of State” there are inserted the words “, an NHS trust”.
4
In regulation 6(1) (making and recovery of charges) for the words “or health authority” there are substituted the words “, health authority or NHS trust”.
5
In regulation 8(1) (charges for more expensive supplies and repairs) —
a
after the words “Secretary of State” there are inserted the words “or NHS trust”; and
b
for the words “he may” there are substituted the words “he or, as the case may be, the trust may”.
6
In regulation 11(1) (reduction of remuneration and accounting for charges — general dental services) for the words “a Family Practitioner Committee” there are substituted the words “the Board”.
Transitional provisions
14
1
Where, before 1st April 1991, the Board has authorised a Family Health Services Authority to pay remuneration in accordance with regulation 24(1), (2) or (3) of the principal Regulations as in force before that date and the Family Health Services Authority has not paid that remuneration by that date, regulation 24(1C) of the principal Regulations shall continue to have effect in relation to the payment of that remuneration as if these Regulations had not come into force.
2
Where, before 1st April 1991, in the case of a dentist —
a
a Family Health Services Authority has determined that action should be taken in accordance with regulation 10(5)(a) or (b) of the National Health Service (Service Committees and Tribunal) Regulations 1974; or
b
the Secretary of State has directed a Family Health Services Authority to recover an amount by deduction from the dentist’s remuneration in accordance with regulation 14(1) of those Regulations,
and the Authority has not taken that action or, as the case may be, recovered the whole or any part of such amount by that date, the Authority shall notify the Dental Practice Board and the Board shall take that action or, as the case may be, recover any such amount, or any balance due, from the dentist’s remuneration.
Signed by authority of the Secretary of State for Health.
Hooper
Parliamentary Under-Secretary of State,
Department of Health
10th March 1991


text:
1
The length of trunk road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road and shall be classified as a classified road as from the date on which the Secretary of State notifies the County Council of Warwickshire that the new trunk road is open for through traffic.
2
In this Order–
1
i
“classified road” as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the deposited plan” means the plan contained in the folio num bered HA10/2 WMRO LVI, marked “The A422 Trunk Road (South of Alcester) DeTrunking Order 1991” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
iii
“the new trunk road” means the trunk road to be constructed by the Secretary of State in pursuance of the A435 Trunk Road (Norton–Lenchwick Bypass) Or der 1991; and
iv
“the trunk road” means the Worcester to Lincoln Trunk Road (A422).
3
This Order shall come into force on 29th November 1991 and may be cited as the A422 Trunk Road (South of Alcester) De-Trunking Order 1991.
Signed by authority of theSecretary of State for Transport
D R Ritchie
Regional Director West Midlands Region,
Department of Transport
4th November 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Nottingham City Hospital 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;
“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 Nottingham City Hospital National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Nottingham City Hospital National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to own and manage hospital accommodation and services provided at Nottingham City Hospital, Hucknall Road, Nottingham, NG5 1PB and associated hospitals including the management of its teaching and research facilities.
Directors of the trust
4
1
The trust shall have, in addition to the chairman 5 non-executive directors and 5 executive directors.
2
Since the trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 3(1)(d) of Schedule 2 to the Act one of the non-executive directors shall be appointed from the University of Nottingham.
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 Nottingham 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 Nottingham 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 Nottingham 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:
Title, commencement and interpretation
1
1
This Scheme may be cited as the Farm Business Non-Capital Grant (Variation) Scheme 1991 and shall come into force on 18th July 1991.
2
In this Scheme “the principal Scheme” means the Farm Business Non-Capital Grant Scheme 1988 .
Variation of the principal Scheme
2
The principal Scheme shall be varied in accordance with the following paragraph of this Scheme.
3
In paragraph 2(1) (interpretation), for the definition of “designated maps” there shall be substituted the following definition:
“designated maps” means —
in relation to England, the 3 volumes of maps numbered 1 to 3, each such volume being marked “volume of maps of less-favoured farming areas in England” and with the number of the volume, dated 20th May 1991, signed and sealed by the Minister of Agriculture, Fisheries and Food and deposited at the offices of the Ministry of Agriculture, Fisheries and Food at Nobel House, 17 Smith Square, London SW1P 3JR;
in relation to Wales, the 2 volumes of maps numbered 1 and 2, both volumes being marked “volume of maps of less-favoured farming areas in Wales” and with the number of the volume, dated 20th May 1991, signed by the Secretary of State for Wales and deposited at the offices of the Welsh Office Agriculture Department at Trawsgoed, Aberystwyth, Dyfed SY23 4HT;
in relation to Scotland, the 4 maps numbered 1 to 4, each such map being marked “map of less-favoured farming areas in Scotland” and with the number of the map, dated 15th May 1991, signed by the Secretary of State for Scotland and deposited at the offices of the Scottish Office Agriculture and Fisheries Department at Pentland House, 47 Robb’s Loan, Edinburgh EH14 1TW;
.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 12th June 1991.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Strathclyde
Parliamentary Under Secretary of State, Scottish Office
5th June 1991
David Hunt
Secretary of State for Wales
5th June 1991
We approve,
Gregory Knight
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
6th June 1991


text:
1
The North-West of Doncaster — Kendal Trunk Road (Airedale Route — Bingley to Kildwick and Link Road) Order 1982 (hereinafter referred to as “the principal Order”) is varied as follows —
1
In article 2 after the words “plan No. 1”, are inserted the words “, the deposited plan No. 1A”.
2
In article 4(2) after sub-paragraph (i), the following sub-paragraph is inserted —
i
a
“the deposited plan No. 1A” means the plan so numbered and contained in the plan folio numbered HA10/CNE95 marked “the North-West of Doncaster — Kendal Trunk Road (Airdale Route — Bingley to Kildwick and Link Road) Order 1982 Variation (No. 2) Order 1991”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
.
3
In paragraph (1) of Schedule 1 to the principal Order, for —
a
the words “roundabout about”, in line 2, is substituted the word “point”;
b
the words “the junction” in line 3, are substituted the words “the western junction”;
c
the words “(marked A on the deposited plan No. 1)”, in line 4, are substituted the words —
“(marked A on the deposited plan No.1A) and going in a north-westerly direction for a distance of 220 metres to the northern boundary of Park Road (marked B on the deposited plan No. 1A)”; and
the words “2.23 kilometres (1.39 miles)”, in lines 5 and 6, are substituted the words —
“2.01 kilometres (1.25 miles)”.
2
The heavy black line on the deposited plan No. 1 referred to in the principal Order from the northern boundary of Park Road in a south-easterly direction to the point marked A, that letter “A” and the dotted lines south-east of the point shall be disregarded.
3
This Order shall come into force on 25th July 1991 and may be cited as the NorthWest of Doncaster — Kendal Trunk Road (Airedale Route — Bingley to Kildwick and Link Road) Order 1982 Variation (No. 2) Order 1991.
Signed by authority of the Secretary of State for Transport
J. P. Henry
Regional Director Yorkshire and Humberside Region,
Department of Transport
15th May 1991


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Income-related Benefits Schemes (Miscellaneous Provisions) Amendment Regulations 1991 and shall come into force as follows–
a
regulation 1 and, subject to paragraph (2), regulation 5, on 27th December 1991;
b
regulation 2, and regulation 4 only insofar as it relates to any case where rent is payable at intervals of one month or any other interval which is not a week or a multiple of a week, on 1st April 1992;
c
regulation 4 insofar as it relates to any other case, on 6th April 1992;
d
regulation 3, on 7th April 1992.
2
Regulation 5 of these Regulations shall come into force in relation to any particular claimant at the beginning of the first benefit week to commence for that claimant on or after the date specified in paragraph (1)(a) which applies in his case; and for this purpose the expressions “claimant” and “benefit week” have the same meanings as in the Income Support (General) Regulations 1987 .
3
In these Regulations–
“the Community Charge Benefits Regulations ” means the Community Charge Benefits (General) Regulations 1989 ; “the Family Credit Regulations ” means the Family Credit (General) Regulations 1987 ;
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 . Amendment of the Community Charge Benefits Regulations
Amendment of the Community Charge Benefits regulations
2
1
The Community Charge Benefits Regulations shall be amended in accordance with the following provisions of this Regulation.
2
In regulation 26(1) (modifications in respect of child and young person) after the words “the income of a child or young person” there shall be inserted the words “, other than income consisting of any payment of maintenance whether under a court order or not,”.
3
In Schedule 3 (sums to be disregarded in the calculation of income other than earnings)–
a
in paragraph 13, for sub-paragraph (3) there shall be substituted the following sub-paragraph–
3
Sub-paragraphs (1) and (2) shall not apply to a payment which is made or due to be made by–
a
a former partner of the claimant, or a former partner of any member of the claimant’s family; or
b
the parent of a child or young person where that child or young person is a member of the claimant’s family.
;
b
after paragraph 45 there shall be added the following paragraph–
46
1
Where a claimant’s applicable amount includes an amount by way of the family premium, £15 of any payment of maintenance, whether under a court order or not, which is made or due to be made by–
a
the claimant’s former partner, or the claimant’s partner’s former partner; or
b
the parent of a child or young person where that child or young person is a member of the claimant’s family except where that parent is the claimant or the claimant’s partner.
2
For the purposes of sub-paragraph (1), where more than one maintenance payment falls to be taken into account in any week, all such payments shall be aggregated and treated as if they were a single payment.
.
Amendment of the Family Credit Regulations
3
In Schedule 2 to the Family Credit Regulations (sums to be disregarded in the calculation of income other than earnings)–
a
in paragraph 13, for sub-paragraph (3) there shall be substituted the following sub-paragraph–
3
Sub-paragraphs (1) and (2) shall not apply to a payment which is made or due to be made by–
a
a former partner of the claimant, or a former partner of any member of the claimant’s family; or
b
the parent of a child or young person where that child or young person is a member of the claimant’s family.
;
b
after paragraph 46 there shall be added the following paragraph–
47
1
£15 of any payment of maintenance, whether under a court order or not, which is made or due to be made by–
a
the claimant’s former partner, or the claimant’s partner’s former partner; or
b
the parent of a child or young person where that child or young person is a member of the claimant’s family except where that parent is the claimant or the claimant’s partner.
2
For the purposes of sub-paragraph (1), where more than one maintenance payment falls to be taken into account in any week, all such payments shall be aggregated and treated as if they were a single payment.
.
Amendment of the Housing Benefit Regulations
4
1
The Housing Benefit Regulations shall be amended in accordance with the following provisions of this Regulation.
2
In regulation 36(1) (modifications in respect of child and young person) after the words “the income of a child or young person” there shall be inserted the words “, other than income consisting of any payment of maintenance whether under a court order or not,”.
3
In Schedule 4 (sums to be disregarded in the calculation of income other than earnings)–
a
in paragraph 13, for sub-paragraph (3) there shall be substituted the following sub-paragraph–
3
Sub-paragraphs (1) and (2) shall not apply to a payment which is made or due to be made by–
a
a former partner of the claimant, or a former partner of any member of the claimant’s family; or
b
the parent of a child or young person where that child or young person is a member of the claimant’s family.
;
b
after paragraph 46 there shall be added the following paragraph–
47
1
Where a claimant’s applicable amount includes an amount by way of the family premium, £15 of any payment of maintenance, whether under a court order or not, which is made or due to be made by–
a
the claimant’s former partner, or the claimant’s partner’s former partner; or
b
the parent of a child or young person where that child or young person is a member of the claimant’s family except where that parent is the claimant or the claimant’s partner.
2
For the purposes of sub-paragraph (1), where more than one maintenance payment falls to be taken into account in any week, all such payments shall be aggregated and treated as if they were a single payment.
.
Amendment of regulation 4 of the Income Support (General) Amendment No. 6 Regulations 1991
5
For paragraph (9) of regulation 4 of the Income Support (General) Amendment No. 6 Regulations 1991 (saving provision in relation to severe disability premium) there shall be substituted the following paragraphs–
9
For the purposes of paragraph (8)(b) and regulation 5(2)(b), where a person has satisfied the second qualifying condition, but his circumstances change so that he no longer satisfies it, he shall nonetheless be treated as satisfying it for so long as he is a person to whom paragraph (10) applies. (10) This paragraph applies to a person–
a
who was, together with a close relative of his, either a co-owner of, or jointly liable to make payments to a landlord in respect of, the dwelling which he and that close relative jointly occupied as their home; and
b
who has since become, with that close relative or any other close relative, either–
i
jointly liable to make payments to a landlord in respect of that dwelling or any other dwelling; or
ii
a co-owner of that dwelling or any other dwelling, which he and the close relative jointly occupy as their home (whether or not there are other co-owners, or other persons jointly liable to make such payments).
.
Signed by authority of the Secretary of State for Social Security.
Ann Widdecombe
Parliamentary Under-Secretary of State,
Department of Social Security
28th November 1991


text:
Citation and commencement
1
These Regulations may be cited as the Personal Community Charge (Reductions) (England) (Amendment) Regulations 1991 and shall come into force on 1st March 1991.
Amendment of Regulations
2
Regulation 22 of the Personal Community Charge (Reductions) (England) Regulations 1991 is amended by the substitution for paragraph (2) of the following paragraph–
2
In the case of an eligible person whose sole or main residence on 31st March 1990 was, or was part of, such a hereditament as is mentioned in regulation 8(3), paragraph (1) shall apply as if for the formula set out in that paragraph there were substituted the formula–
C - [ W P + £52 ]
where C has the same connotation as in regulation 8(2), W has the same connotation as in regulation 8(4) and P has the same connotation as in paragraph (1) above.
Michael Heseltine
One of Her Majesty’s Principal Secretaries of State
28th February 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) ( No. 7) Order 1991 and shall come into force at 17.00 hours on 2nd August 1991.
2
In this Order “bivalve mollusc” means bivalve molluscs of the class of lamellabranchia, and “relevant time” means one minute past midnight on 2nd August 1991.
Designated circumstances
2
In the opinion of the Secretary of State, bivalve molluscs in the area designated in article 3 below may be affected by the toxin which causes Paralytic Shellfish Poisoning in human beings and are likely to create a hazard to human health if they are consumed.
Designated area
3
The area described in the Schedule to this Order is hereby designated for the purposes of Part I of the Food and Environment Protection Act 1985.
Activity prohibited in the designated area
4
No person shall fish for or take any bivalve molluscs in the designated area.
Prohibited movement of bivalve molluscs
5
No person shall move any bivalve molluscs out of the designated area.
Restrictions throughout the United Kingdom
6
No person shall in the United Kingdom or in United Kingdom waters
a
use any bivalve molluscs taken out of the designated area after the relevant time in the preparation or processing for supply of food and anything from which food could be derived,
b
land any bivalve molluscs which were in waters in the designated area after the relevant time,
c
supply, or have in possession for supply, any bivalve molluscs which were in the designated area after the relevant time,
d
supply, or have in possession for supply, any food or anything from which food could be derived in the preparation or processing of which anything was used in contravention of sub-paragraph (a) of this article,
e
feed to any creature a feeding stuff in the preparation or processing of which anything was used in contravention of sub-paragraph (a) of this article.
Revocation
7
The Food (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No.6) Order 1991 is hereby revoked.
E. C . Davison
Assistant Secretary, Scottish Office
Pentland House,
Edinburgh
2nd August 1991