text:
Citation and commencement
1
1
These Regulations may be cited as the Simple Pressure Vessels (Safety) Regulations 1991.
2
These Regulations shall come into force on 31st December 1991.
Interpretation
2
1
In these Regulations, “vessel” means a simple pressure vessel being a welded vessel intended to contain air or nitrogen at a gauge pressure greater than 0.5 bar, not intended for exposure to flame, and having the following characteristics–
a
the components and assemblies contributing to the strength of the vessel under pressure are made either of non-alloy quality steel, or of non-alloy aluminium, or of non-age hardening aluminium alloy;
b
the vessel consists either–
i
of a cylindrical component with circular cross-section, closed at each end, each end being either outwardly dished or flat and being also co-axial with the cylindrical component; or
ii
of two co-axial outwardly dished ends;
c
the maximum working pressure ( PS ) is not more than 30 bar, and PS . V (being the product of PS and the vessel’s capacity expressed in litres) is not more than 10,000 bar . litres;
d
the minimum working temperature is not lower than minus 50° C, and the maximum working temperaure is not higher than–
300° C in the case of steel vessels; and
100° C in the case of aluminium or aluminium alloy vessels,
and in this paragraph–
i
“maximum working pressure” means the maximum gauge pressure which may be exerted under normal conditions of use;
ii
“minimum working temperature” means the lowest stabilised temperature in the wall of the vessel under normal conditions of use; and
iii
“maximum working temperature” means the highest stabilised tempera ture in the wall of the vessel under normal conditions of use.
2
The categories of vessels relevant for the purposes of these Regulations are–
Category A – vessels whose PS . V is more than 50 bar . litres, this category being subdivided into–
Category A.1 – vessels whose PS . V is more than 3,000 bar . litres;
Category A.2 – vessels whose PS . V is more than 200 but not more than 3,000 bar . litres; and
Category A.3 – vessels whose PS . V is more than 50 but not more than 200 bar . litres;
Category B – vessels whose PS . V is 50 bar . litres or less.
3
In these Regulations–
“the Community” means the European Economic Community;
“the Commission” means the Commission of the European Communities;
“the Directive” means Council Directive 87/404/ EEC on the harmonisation of the laws of the Member States relating to simple pressure vessels , as amended by Council Directive 90/488/EEC ;
“ EC mark” means the EC mark of conformity consisting of the symbol “CE” of which a form is shown for the purpose of illustration in Schedule 2;
“enforcement authority” has the meaning given by paragraph 9 of Schedule 5;
“manufacturer’s instructions” means instructions–
issued by or on behalf of the manufacturer; and
complying with the requirements of regulation 4(5) below;
“property” includes domestic animals;
“relevant assembly” means any assembly incorporating a vessel;
“safe” has the meaning given by regulation 4(4) below;
“safety clearance” shall be construed in accordance with regulation 4(2) below; and
“supply” is to be read in accordance with section 46 of the Consumer Protection Act 1987 , and includes offering or agreeing to supply, and exposing or possessing for supply, and “supplied” and “supplier” have the corresponding meanings.
4
There is series manufacture within the meaning of these Regulations if more than one vessel of the same type is manufactured during a given period by the same continuous manufacturing processes, in accordance with a common design.
5
Where these Regulations refer to a relevant national standard, the reference is to a standard of which a member State has, in compliance with Article 5.1 of the Directive, published the reference number.
Application
3
1
Subject to paragraph (2) of this regulation, and regulation 6 below, these Regulations apply only to vessels manufactured in series.
2
These Regulations do not apply to–
a
vessels designed specifically for nuclear use, where vessel failure might or would result in an emission of radioactivity;
b
vessels intended specifically for installation in, or for use as part of the propulsive system of, a ship or aircraft; or
c
fire-extinguishers,
and in this paragraph, “ship” has the meaning given by section 742 of the Merchant Shipping Act 1894 .
Safety requirements
4
1
A vessel in Category A complies with this Regulation if–
a
it meets the essential safety requirements specified in Schedule 1;
b
it has safety clearance;
c
it bears the EC mark accompanied by the other inscriptions specified in Schedule 2, such mark and such other inscriptions being properly affixed in accordance with that Schedule;
d
in the case of a vessel or relevant assembly supplied in the United Kingdom, it is accompanied by the manufacturer’s instructions;
e
in the case where a person–
i
being the manufacturer of a vessel, himself takes that vessel or a relevant assembly incorporating that vessel into service; or
ii
having imported a vessel or relevant assembly into the United Kingdom, himself takes that vessel or a relevant assembly incorporating that vessel or the first mentioned relevant assembly into service,
that person ensures that, at the time of taking into service, the manufacturer’s instructions are made available to all persons as are concerned with the vessel’s installation and operation; and
it is in fact safe.
2
A vessel has safety clearance if an approved body has issued in respect of it an EC verification certificate or an EC certificate of conformity pursuant to the procedures described in regulations 9 to 13 below, and in these Regulations, “safety clearance” shall be construed accordingly.
3
A vessel in Category B complies with this Regulation if–
a
it is manufactured in accordance with engineering practice recognised as sound in a member State;
b
it bears the inscriptions, other than the EC mark, specified in Schedule 2, such inscriptions being properly affixed in accordance with that Schedule; and
c
it is in fact safe.
4
“Safe”, in relation to a vessel, means that, when the vessel is properly installed and maintained and used for the purposes for which it is intended, there is no risk (apart from one reduced to a minimum) of its being the cause or occasion of death or injury to persons, or damage to property.
5
For the purpose of compliance with these Regulations, the manufacturer’s instructions must provide for the following information–
a
the manufacturer’s name or mark;
b
vessel type, batch identification or other particulars identifying the vessel to which the instructions relate;
c
particulars of maximum working pressure expressed in bar, maximum and minimum working temperatures expressed in ° C, and capacity of the vessel expressed in litres;
d
the intended use of the vessel; and
e
maintenance and installation requirements for vessel safety.
The instructions must be in the official language of the member State where the vessel is to be first taken into service.
Obligations of manufacturers, suppliers and importers
5
1
Subject to the transitional and other exceptions in regulation 6 below, no person shall in the United Kingdom supply a vessel unless it complies with regulation 4 above or a relevant assembly unless the vessel incorporated therein so complies.
2
Subject to the same exceptions, no person shall in the United Kingdom, being the manufacturer of a vessel, himself take that vessel or a relevant assembly incorporating that vessel into service, unless that vessel complies with regulation 4 above.
3
Subject to the same exceptions, no person shall, having imported a vessel or arelevant assembly into the United Kingdom, himself take that vessel or a relevant assembly incorporating that vessel or the first mentioned relevant assembly into service in the United Kingdom, unless that vessel, or the vessel incorporated in the relevant assembly, as the case may be, complies with regulation 4 above.
Transitional and other exceptions
6
1
These Regulations do not apply–
a
in the case of a vessel first supplied or taken into service within the Community before 1st July 1992 which conforms with safety requirements having effect in the United Kingdom apart from these Regulations; or
b
in the case of a relevant assembly either–
i
first supplied or taken into service within the Community before 1st July 1992; or
ii
first supplied or taken into service within the Community on or after 1st July 1992, where the vessel incorporated in it was first supplied or taken into service within the Community before that date,
where the vessel incorporated in it conforms with safety requirements having effect in the United Kingdom apart from these Regulations.
2
These Regulations also do not apply in the case of a vessel or a relevant assembly supplied in the United Kingdom if the supplier believes (with reasonable cause) that it will not be taken into service either in the United Kingdom or in another member State.
3
These Regulations also do not apply–
a
in the case of a vessel first supplied or taken into service within the Community before 1st July 1992 where–
i
the supplier believes (with reasonable cause)
the vessel will not be taken into service in the United Kingdom; and
ii
the vessel conforms with safety requirements having effect in a member State other than the United Kingdom in which the supplier believes (with reasonable cause) the vessel will be taken into service; or
b
in the case of a relevant assembly–
i
first supplied or taken into service within the Community before 1st July 1992; or
ii
first supplied or taken into service within the Community on or after 1st July 1992, where the vessel incorporated in it was first supplied or taken into service within the Community before that date;
where–
aa
the supplier believes (with reasonable cause) that the relevant assembly will not be taken into service in the United Kingdom; and
bb
the vessel incorporated in the relevant assembly conforms with safety requirements having effect in a member State other than the United Kingdom in which the supplier believes (with reasonable cause) the relevant assembly will be taken into service.
4
The exceptions provided above in this regulation do not apply in the case of a vessel or relevant assembly where the vessel, or the vessel incorporated in the relevant assembly, as the case may be, bears the EC mark or any other inscription which is likely to be confused with the EC mark.
Approved bodies
7
1
In accordance with the Directive, approved bodies are charged by the member States with functions relating to the safety of vessels supplied or taken into service in the Community, and in particular that of providing safety clearance.
2
The Secretary of State may from time to time designate such qualified persons as he thinks fit to be United Kingdom approved bodies for the purposes of these Regulations. Such a designation remains in force either for a period specified by the Secretary of State, or for an indeterminate period.
3
A designation–
a
may relate to all descriptions of vessels or such descriptions (which may be framed by reference to any circumstances whatsoever) of vessels as the Secretary of State may from time to time determine;
b
may be made subject to such conditions as the Secretary of State may from time to time determine, and such conditions may include conditions which are to apply upon or following withdrawal of the designation;
c
shall be withdrawn–
i
if it appears to the Secretary of State that the approved body is no longer a qualified person; or
ii
upon 90 days' notice in writing to the Secretary of State, at the request of the approved body; and
d
may be withdrawn if it appears to the Secretary of State that any of the conditions is not complied with.
4
If for any reason an approved body ceases to be designated under this regulation, the Secretary of State may authorise another United Kingdom approved body to take over its functions in respect of such cases as he may specify.
5
In this regulation–
“minimum criteria” means the criteria listed in Annex III of the Directive (minimum criteria to be taken into account by member States when appointing inspection bodies); and
“qualified person” means a person, which may include the Secretary of State, who meets the minimum criteria.
Fees
8
1
Subject to paragraphs (2) and (3) below, a United Kingdom approved body may charge such fees in respect of–
a
the provision of safety clearance;
b
application of the EC mark to a vessel covered by an EC verification certificate pursuant to regulation 14(1) below; and
c
performing EC surveillance pursuant to regulation 17 below,
as it may determine; provided that such fees shall not exceed the sum of the following–
i
the costs incurred or to be incurred by the approved body in performing the relevant function; and
ii
an amount on account of profit which is reasonable in the circumstances having regard to–
aa
the character and extent of the work done or to be done by the body on behalf of the applicant or manufacturer as the case may be; and
bb
the commercial rate normally charged on account of profit for that work or similar work.
2
The power in paragraph (1) above includes power–
a
in sub-paragraphs (a) and (b), to require the payment of fees or a reasonable estimate thereof with the application; and
b
in sub-paragraph (c), in a case where the fees remain unpaid 28 days after either the work has been completed or payment of the fees has been requested in writing, whichever is the later, to suspend the EC certificate of conformity by 14 days notice in writing that, unless the fees are paid before the expiry of the notice, the certificate will be suspended until payment of the fees has been received.
3
Nothing in this regulation shall apply where the United Kingdom approved body is a Government department, and in this paragraph, “Government department” has the meaning given by section 56(5) of the Finance Act 1973 .
Safety clearance
9
1
This and the following four regulations specify the means whereby safety clearance is obtained.
2
A person who, whether in the United Kingdom or elsewhere, proposes to manufacture vessels in Category A which are to be supplied or taken into service in the Community must, before commencing series manufacture, apply (either himself or through his authorised representative established in the Community) for and obtain for the vessels either–
a
an EC certificate of adequacy; or
b
an EC type-examination certificate.
3
If the vessels are to be so manufactured as to conform with a relevant national standard, it is for the manufacturer or his authorised representative to choose whether to apply for a certificate of adequacy or a type-examination certificate. In any other case, a type-examination certificate is required.
4
Following compliance with paragraph (2) above–
a
in the case of vessels in Category A.1, following commencement of series manufacture there must be applied for and obtained an EC verification certificate; and
b
in the case of vessels in Category A.2 or A.3, either–
i
following commencement of series manufacture there must be applied for and obtained a verification certificate; or
ii
before commencement of series manufacture there must be carried out the alternative procedure (described in regulation 13 below) by which a manufacturer obtains an EC certificate of conformity.
5
Application for any of the certificates above-mentioned except the certificate of conformity is made in writing by the manufacturer or his authorised representative to one or other of the approved bodies.
6
Application for a certificate of conformity is made in writing by the manufacturer to the approved body which issued the certificate of adequacy or the type-examination certificate, as the case may be.
7
All applications to an approved body, and documents accompanying any application, are to be in the official language of the member State in which that body is established (in the United Kingdom, English), or in another language acceptable to it.
EC certificate of adequacy
10
1
Application for an EC certificate of adequacy must be accompanied by the design and manufacturing schedule conforming with Schedule 3.
2
A United Kingdom approved body to which such application is made shall, if satisfied–
a
that the schedule contains all the required information; and
b
that vessels manufactured in accordance with the schedule would conform with a relevant national standard,
issue a certificate of adequacy accordingly.
3
If the United Kingdom approved body is not so satisfied and refuses to issue a certificate of adequacy, it shall make known in writing to the applicant the reasons for the refusal.
EC type-examination certificate
11
1
EC type-examination is the procedure whereby an approved body ascertains, and certifies by means of an EC type-examination certificate, that a prototype representative of the production envisaged satisfies the requirements of the Directive.
2
Application for a type-examination certificate must–
a
specify the name and address of the applicant;
b
specify the proposed place of manufacture of the vessels to which the application relates; and
c
be accompanied by the prototype and the design and manufacturing schedule conforming with Schedule 3.
The prototype may be representative of a family of vessels. Schedule 4 describes what is to be regarded as a family for this purpose.
3
A United Kingdom approved body to which such application is made shall satisfy itself that the design and manufacturing schedule contains all the required information.
4
The United Kingdom approved body shall also–
a
examine, and perform such tests as it considers appropriate on, the prototype; and
b
if satisfied that the prototype is manufactured in conformity with the schedule, and (whether or not conforming with a relevant national standard) meets the essential safety requirements specified in Schedule 1, and is safe,
issue a type-examination certificate recording its conclusions arrived at under this paragraph.
5
There shall be specified in the type-examination certificate any conditions subject to which it is to have effect; and it shall be accompanied by the descriptions and drawings necessary for the identification of the prototype.
6
A United Kingdom approved body which has issued a type-examination certificate shall–
a
if so requested, supply copies of the certificate to the Secretary of State, the Commission, any other approved body or any other member State;
b
on receipt of a reasoned request from any of the above, supply copies of the relevant schedule and of its reports concerning the examination and tests carried out.
7
If the United Kingdom approved body is not satisfied that the requirements of paragraphs (3) and (4)(b) above are met and refuses to issue a type-examination certificate, it shall make known in writing to the applicant and to the other approved bodies the reasons for the refusal.
EC verification certificate
12
1
EC verification is the procedure whereby an approved body checks, and certifies by means of an EC verification certificate, that vessels conform with a relevant national standard or with the prototype by reference to which an EC type-examination certificate was issued.
2
Verification is carried out on batches of vessels made available to the approved body by either the manufacturer or his authorised representative established in the Community. A “batch” for this purpose is up to 3,000 vessels of the same series.
3
Application for a verification certificate must be accompanied by–
a
a copy of the relevant EC certificate of adequacy or type-examination certificate, as the case may be; and
b
the design and manufacturing schedule conforming with Schedule 3.
4
A United Kingdom approved body to which such application is made shall satisfy itself–
a
that the schedule contains all the required information; and
b
that the vessels in the batch have been manufactured and checked in accordance with the schedule.
5
The United Kingdom approved body shall also perform the following tests–
a
test of the vessel itself : a hydrostatic test, or a pneumatic test of equivalent effect, on each vessel, at a pressure equal to 1.5 times the vessel’s design pressure (which is the gauge pressure chosen by the manufacturer and used to determine the thickness of the pressurised components); and
b
test of weld quality : tests on longitudinal welds and, where different welding techniques are used for longitudinal and circular welds, equivalent tests repeated on the latter.
Pneumatic tests under sub-paragraph (a) must be in accordance with safety procedures accepted in the country where they are carried out. Tests of weld quality under subparagraph (b) must be carried out on pieces taken, at the manufacturer’s option, from a representative production test piece or a vessel in the batch submitted.
6
The following applies in the case where a vessel’s wall-thickness is determined by the experimental method, that is to say so as to enable the vessel to resist at ambient temperature a pressure equal to at least 5 times the maximum working pressure (as defined in regulation 2(1) above), with a maximum permanent circumferential deformation factor of 1 per cent. In that case the tests referred to in paragraph (5)(b) of this regulation are to be replaced by a hydrostatic test on 5 vessels taken at random from each batch submitted, in order to check that the maximum is not exceeded.
7
If satisfied that the vessels conform with a relevant national standard or (as the case may be) with the relevant prototype, the United Kingdom approved body shall issue a verification certificate.
8
If the United Kingdom approved body is not so satisfied and refuses to issue a verification certificate, it shall make known in writing to the applicant the reasons for the refusal.
EC certificate of conformity
13
1
In cases where the manufacturer of vessels in Category A.2 or A.3 elects not to apply for EC verification, he may instead by means of the following procedure obtain an EC certificate of conformity.
2
Application for a certificate of conformity must, before commencement of series manufacture, be made to the approved body which issued the relevant EC certificate of adequacy or EC type-examination certificate (as the case may be) and be accompanied by a document in which are described–
a
the processes by which the vessels are to be manufactured; and
b
all the measures which are to be taken to ensure that the vessels when manufactured conform with a relevant national standard or (as the case may be) with the relevant prototype.
3
The document must–
a
specify the address of any place where the vessels (or relevant assemblies incorporating the vessels) are to be manufactured or stored by or on behalf of the manufacturer of the vessels, and the proposed date of commencement of manufacture;
b
be accompanied by the design and manufacturing schedule conforming with Schedule 3 including so much as has become available of any information required to be comprised in that schedule;
c
specify the tests which are to be carried out in the course of manufacture, and the procedures by which and the frequency with which they are to be performed; and
d
include undertakings as follows–
i
that those tests will be carried out as specified;
ii
that there will be carried out on each vessel a hydrostatic test (or a pneumatic test of equivalent effect in accordance with safety procedures accepted in the country where it is carried out) at a pressure equal to 1.5 times the vessel’s design pressure (which is the gauge pressure chosen by the manufacturer and used to determine the thickness of the pressurised components); and
iii
that all the tests referred to above will be carried out by or under the responsibility of appropriately qualified personnel (who must be suffici ently independent from production personnel), and will be the subject of written reports by those personnel.
4
A United Kingdom approved body to which such application is made shall, if satisfied–
a
that the document and the schedule contain all the required information; and
b
that vessels manufactured in accordance with the document and schedule will conform with a relevant national standard or, if not, then with the essential safety requirements specified in Schedule 1,
issue a certificate of conformity accordingly, covering the vessels proposed to be manufactured.
5
If the United Kingdom approved body is not so satisfied and refuses to issue a certificate of conformity, it shall make known in writing to the manufacturer the reasons for the refusal.
The EC mark
14
1
A United Kingdom approved body which has issued an EC verification certificate shall apply, or oversee the application of, the EC mark to every vessel covered by the certificate.
2
A manufacturer who has obtained an EC certificate of conformity may commence series manufacture and apply the EC mark to any vessels covered by the certificate, where he executes an EC declaration of conformity that they conform with a relevant national standard, or, as the case may be, with the relevant prototype.
3
No person shall in the United Kingdom–
a
supply a vessel, or a relevant assembly;
b
being the manufacturer of a vessel, himself take into service that vessel, or a relevant assembly incorporating that vessel; or
c
having imported a vessel or relevant assembly into the United Kingdom, himself take into service that vessel or a relevant assembly incorporating that vessel, or the first mentioned relevant assembly,
where the vessel, or the vessel incorporated in the relevant assembly, as the case may be, contravenes paragraph (4) below.
4
A vessel, or a vessel incorporated in a relevant assembly, contravenes this paragraph–
a
in the case of a vessel in Category A, though not complying with regulation 4(1) above, it bears the EC mark or any other inscription liable to be confused with the EC mark; or
b
in the case of a vessel in Category B, it bears the EC mark or any inscription liable to be confused with the EC mark.
5
A person who supplies or takes into service a vessel which does not bear the EC mark shall, at the request of an enforcement authority, or of an officer of such an authority, give any information which he has, or which is available to him, concerning the date when the vessel was first supplied or taken into service in the Community, and explain (so far as he is able) how it comes about that the vessel does not bear that mark.
Retention of documentation
15
1
In the United Kingdom, a manufacturer of vessels must retain, for a period of at least 10 years from the date on which the last vessel in the series is manufactured–
a
copies of all documentation submitted by him or by his authorised representa tive established in the Community to an approved body for the purpose of obtaining any of the EC certificates referred to above in these Regulations;
b
any certificates issued by an approved body to him or his authorised representative under these Regulations or corresponding provisions having effect elsewhere in the Community;
c
any documents accompanying any such certificate so issued;
d
in a case where the manufacturer has complied with regulation 13(2) and (3) above, so much of any particular information required to be comprised in the design and manufacturing schedule as has become available only subsequent to compliance with those provisions;
e
any EC declarations of conformity executed by him under regulation 14(2) above; and
f
any reports made by qualified personnel pursuant to regulation 13(3)(d)(iii) above.
Special provisions applying to vessels in Category A.2
16
1
In accordance with the Directive, a manufacturer of vessels in Category A.2 who has executed an EC declaration of conformity becomes thereby subject to EC surveillance in respect of vessels in that Category covered by that declaration.
2
In the United Kingdom, a manufacturer to whom paragraph (1) above applies shall–
a
authorise access at any reasonable time by or on behalf of the approved body which issued the EC certificate of conformity, to any place where vessels covered thereby (or relevant assemblies into which he has incorporated such vessels) are manufactured or stored by or on behalf of the manufacturer, for the purpose of inspecting the manufacturing processes and the vessels so covered;
b
allow inspectors acting on the approved body’s behalf to select random samples of vessels covered by the certificate (or relevant assemblies incorporating such vessels) for inspection;
c
if so required by the inspectors, provide the following–
i
copies of any reports made by qualified personnel pursuant to regulation 13(3)(d)(iii) above;
ii
in a case where the manufacturer has complied with regulation 13(2) and (3) above, so much of any particular information required to be comprised in the design and manufacturing schedule as has become available only subsequent to compliance with those provisions; and
d
comply with any reasonable request made by the approved body or on its behalf for additional information regarding any aspect of manufacture or any matter particularly relating to safety of the vessels covered by the certificate.
Functions of approved bodies in course of EC surveillance
17
1
In accordance with the Directive, approved bodies are charged by the member States with the function, in relation to a manufacturer of vessels in Category A.2 who is subject to EC surveillance–
a
of ascertaining whether undertakings with regard to tests to be carried out in the course of manufacture given by him pursuant to regulation 13(3)(d) above are actually carried out; and
b
of taking random samples of vessels (or relevant assemblies) at any place where vessels covered by an EC certificate of conformity (or relevant assemblies incorporating such vessels) are manufactured or stored by or on behalf of the manufacturer for the purposes of inspection.
2
A United Kingom approved body shall perform that function in relation to manufacturers in the United Kingdom or elsewhere, in cases where it has issued an EC certificate of conformity in respect of vessels in Category A.2.
3
The United Kingdom approved body shall in respect of each such manufacturer from time to time compile written reports of the activities carried out by it in the course of surveillance and, if so requested, supply copies of any such report to the Secretary of State, the Commission, any other approved body or any other member State.
Report by United Kingdom approved body concerning contraventions
18
1
If it is established to the satisfaction of a United Kingdom approved body carrying out EC surveillance that the EC mark has been wrongly applied to a vessel because–
a
it does not conform with the prototype by reference to which an EC typeexamination certificate was issued; or
b
it conforms with the prototype, but the prototype does not meet the essential safety requirements specified in Schedule 1; or
c
it does not conform with a relevant national standard by reference to which an EC certificate of adequacy was issued; or
d
it is not in fact safe,
the body shall make a report of the circumstances to the Secretary of State.
2
The same applies if the manufacturer has failed to carry out undertakings given pursuant to regulation 13(3)(d) above, or has failed to comply with any of the requirements of regulation 16(2) above or to provide corresponding facilities elsewhere than in the United Kingdom.
3
In the circumstances mentioned above in this regulation, the United Kingdom approved body shall, if it considers such action appropriate, withdraw the relevant certificate of adequacy, type-examination certificate or EC certificate of conformity.
4
Where a United Kingdom approved body withdraws a type-examination certifi cate, it shall so inform the Secretary of State, giving its reasons, with a view to this information being passed by him to the Commission and the other member States.
Enforcement
19
Schedule 5 shall have effect for the purposes of providing for the enforcement of these Regulations and for matters incidental thereto.
Offences
20
1
A person who contravenes regulation 5 above is guilty of an offence and liable on summary conviction to–
a
imprisonment for a term not exceeding three months; or
b
to a fine not exceeding–
i
in Great Britain, level 5 on the standard scale; or
ii
in Northern Ireland, £2,000,
or to both.
2
A person who–
a
contravenes any of the provisions of regulation 14(3) or regulation 15 above;
b
fails or refuses to give information or explanation required by regulation 14(5) above; or
c
fails to comply with a court order under regulation 21 below,
is guilty of an offence and liable on summary conviction to a fine not exceeding–
i
in Great Britain, level 5 on the standard scale; or
ii
in Northern Ireland, £2,000.
Power of the court to require matter to be remedied
21
1
Where a person is convicted of an offence under regulation 20 above in respect of any matters which appear to the court to be matters which it is in his power to remedy, the court may, in addition to or instead of imposing any punishment, order him, within such time as may be fixed by the order, to take such steps as may be specified in the order for remedying the said matters.
2
The time fixed by an order under paragraph (1) above may be extended or further extended by order of the court on an application made before the end of that time as originally fixed or as extended under this paragraph, as the case may be.
3
Where a person is ordered under paragraph (1) above to remedy any matters, that person shall not be guilty of an offence under regulation 20 above in respect of those matters in so far as they continue during the time fixed by the order or any further time allowed under paragraph (2) above.
Defence of due diligence
22
1
Subject to the following provisions of this regulation, in proceedings against any person for an offence under regulation 20 above it shall be a defence for that personto show that he took all reasonable steps and exercised all due diligence to avoid committing the offence.
2
Where in any proceedings against any person for such an offence the defence provided by paragraph (1) above involves an allegation that the commission of the offence was due–
a
to the act or default of another; or
b
to reliance on information given by another,
that person shall not, without the leave of the court, be entitled to rely on the defence unless, not less than seven clear days before the hearing of the proceedings, he has served a notice under paragraph (3) below on the person bringing the proceedings.
3
A notice under this paragraph shall give such information identifying or assisting in the identification of the person who committed the act or default or gave the information as is in the possession of the person serving the notice at the time he serves it.
4
It is hereby declared that a person shall not be entitled to rely on the defence provided by paragraph (1) above by reason of his reliance on information supplied by another, unless he shows that it was reasonable in all the circumstances for him to have relied on the information, having regard in particular–
a
to the steps which he took, and those which might reasonably have been taken, for the purpose of verifying the information; and
b
to whether he had any reason to disbelieve the information.
Liability of persons other than the principal offender
23
1
Where the commission by any person of an offence under regulation 20 above is due to the act or default committed by some other person in the course of any business of his, the other person shall be guilty of the offence and may be proceeded against and punished by virtue of this paragraph whether or not proceedings are taken against the first-mentioned person.
2
Where a body corporate is guilty of an offence under these Regulations (including where it is so guilty by virtue of paragraph (1) above) in respect of any act or default which is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
3
Where the affairs of a body corporate are managed by its members, paragraph (2) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
4
In this regulation, references to a “body corporate” include references to a partnership in Scotland and, in relation to such partnership, any reference to a director, manager, secretary of other similar officer of a body corporate is a reference to a partner.
Consequential amendment of United Kingdom law
24
1
Any requirement imposed by any of the enactments (relating in various respects to the safety of air receivers and pressure systems) specified in paragraph (2) of this regulation which has to be satisfied by or in respect of a vessel (including a vessel incorporated in a relevant assembly) if, in the United Kingdom, it (or the relevant assembly into which it is incorporated) is to be lawfully–
a
supplied; or
b
in the circumstances referred to in regulation 5(2) or (3) above, taken into service,
in conformity with these Regulations, is, subject to paragraph (3) of this regulation, hereby disapplied, except in relation to a vessel (including a vessel incorporated in arelevant assembly) excepted from the operation of these Regulations by regulation 6(1) above.
2
The enactments referred to in paragraph (1) of this regulation are–
a
in the Factories Act 1961 , subsections (1) to (3) of section 36;
b
in the Pressure Systems and Transportable Gas Containers Regulations 1989 (made under the Health and Safety at Work etc. Act 1974 ), paragraphs (1) to (4) of regulation 4 and paragraphs (1), (3) and (4) of regulation 5;
c
in the Miscellaneous Mines (General) Regulations 1956 (having effect as if made under the Mines and Quarries Act 1954 ), paragraphs (1) and (2) of regulation 59;
d
in the Quarries (General) Regulations 1956 (having effect as if made under the Mines and Quarries Act 1954), paragraphs (1) and (2) of regulation 21;
e
in the Factories Act (Northern Ireland) 1965 , subsections (1) to (3) of section 37;
f
in the Pressure Systems and Transportable Gas Containers Regulations (Northern Ireland) 1991 (made under the Health and Safety at Work (Northern Ireland) Order 1978 ), paragraphs (1) to (4) of regulation 4 and paragraphs (1), (3) and (4) of regulation 5;
g
in the Miscellaneous Mines (General) Regulations (Northern Ireland) 1970 (having effect as if made under the Mines Act (Northern Ireland) 1969 ), paragraphs (1) and (2) of regulation 60; and
h
in the Quarries (Safety, Health, Equipment and Explosives) Rules (Northern Ireland) 1962 (made under the Quarries Act (Northern Ireland) 1927) , regulations 42 and 43.
3
Nothing in this regulation affects the application of the enactments specified in paragraph (2) above to relevant assemblies in so far as they comprise apparatus other than vessels subject to these Regulations.
Reay
Parliamentary Under Secretary of State for Industry & Technology,
Department of Trade and Industry
5th December 1991


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Ashford Hospitals 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 Ashford Hospitals 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 Ashford Hospitals 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 Ashford Hospital, London Road, Middlesex, TW15 3AA and associated hospitals.
Directors of the trust
4
The trust shall have, in addition to the chairman 5 non-executive directors and5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1 April 1992.
2
The accounting date of the trust shall be 31 March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Hounslow and Spelthorne 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 Hounslow and Spelthorne 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 Hounslow and Spelthorne 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
These Regulations may be cited as the Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) Regulations 1991 and shall come into force on 1st September 1991.
Interpretation
2
In these Regulations, unless the context otherwise requires —
“construct” includes install and cognate expressions shall be construed accordingly;
“fuel oil” means oil intended for use as a fuel for the production of heat or power but does not include oil intended for use exclusively as a fuel for heating a farmhouse or other residential premises on a farm and stored separately from other oil;
“livestock” means —
any animals kept for the production of food or wool; or
any birds kept for the production of food;
“reception pit” means a pit used for the collection of slurry before it is transferred into a slurry storage tank or for the collection of slurry discharged from such a tank;
“relevant substance” means slurry, fuel oil or, as the case may be, the crop being made into silage;
“slurry” means —
excreta produced by livestock whilst in a yard or building; or
a mixture consisting wholly or mainly of such excreta, bedding, rainwater and washings from a building or yard used by livestock or any combination of these,
of a consistency that allows it to be pumped or discharged by gravity at any stage in the handling process;
“slurry storage system” means —
a slurry storage tank;
any reception pit and any effluent tank used in connection with the slurry storage tank; and
any channels and pipes used in connection with the slurry storage tank, any reception pit or any effluent tank; and
“slurry storage tank” includes a lagoon, pit (other than a reception pit) or tower used for the storage of slurry.
Making of silage
3
1
Subject to regulation 7 below, no person shall have custody or control of any crop which is being made into silage unless —
a
it is kept in a silo in relation to which the requirements of Schedule 1 are satisfied or which is an exempt structure by virtue of regulation 6 below; or
b
it is compressed in the form of bales which are wrapped and sealed within impermeable membranes (or are enclosed in impermeable bags) and are stored at least 10 metres from any inland or coastal waters which effluent escaping from the bales could enter.
2
No person having custody or control of any crop which is being, or has been, made into silage in the manner described in paragraph (1)(b) above shall open or remove the wrapping of any bales unless he does so at a place at least 10 metres from any inland or coastal waters which silage effluent could enter as a result.
Storage of slurry
4
1
Subject to paragraph (2) below, a person having custody or control of slurry shall store it only in a slurry storage system in relation to which the requirements of Schedule 2 are satisfied or which is an exempt structure by virtue of regulation 6 below.
2
Paragraph (1) above shall not apply to slurry whilst it is stored temporarily in a tanker with a capacity not exceeding 18,000 litres which is used for transporting slurry on roads or about a farm.
Storage of fuel oil on farms
5
1
Subject to paragraph (2) below, no person shall have custody or control of fuel oil on a farm unless it is stored —
a
in a fuel storage tank within a storage area in relation to which the requirements of Schedule 3 are satisfied;
b
in drums within such a storage area;
c
temporarily in a tanker used for transporting fuel oil on roads or about the farm;
d
in a fuel storage tank which is an exempt structure by virtue of regulation 6 below; or
e
in an underground fuel storage tank.
2
Paragraph (1) above shall not apply if the total quantity of fuel stored on the farm does not exceed 1500 litres.
Exemptions
6
A silo, slurry storage system or fuel storage tank is for the time being an exempt structure if —
a
it was used before 1st March 1991 for the purpose of making silage, storing slurry or, as the case maybe, storing fuel oil;
b
where it was not used before 1st March 1991 for that purpose, it was constructed before that date for such use; or
c
a contract for its construction was entered into before 1st March 1991 or its construction was commenced before that date and in either case was completed before 1st September 1991,
and it has not ceased to be an exempt structure by virtue of regulation 8(1) below.
7
1
Subject to the following provisions of this regulation and regulation 8(2) below, regulation 3 above shall not apply where a person makes silage on a farm —
a
otherwise than in a silo;
b
by a method differt from that described in regulation 3(1)(b) above,
and made the majority of his silage on that farm by that method in the period of 3 years immediately before 1st March 1991.
2
A person shall not be entitled to rely on the exemption conferred by paragraph (1) above —
a
unless he has given notice to the Authority before 1st September 1991 of his intention to do so and he keeps any crop which is being made into silage in a place at least 10 metres from any inland or coastal waters which silage effluent could enter if it were to escape;
b
on or after 1st September 1996.
Loss of exemption
8
1
A structure which is an exempt structure by virtue of regulation 6 above shall cease to be an exempt structure if —
a
any requirement of a notice under regulation 9 below is not complied with within the period stated in the notice; or
b
at any time on or after 1st March 1991 it is substantially enlarged or substantially reconstructed unless a contract for the work was entered into or the work was commenced before that date and in either case the work was completed before 1st September 1991.
2
The exemption conferred by regulation 7 above shall cease if any requirement of a notice under regulation 9 below is not complied with within the period stated in the notice.
3
Any reference in paragraphs (1) and (2) above to the period stated in a notice is to that period as extended if it has been extended under regulation 9(4) below or by virtue of regulation 10(5) below; and any reference in those paragraphs to a requirement of a notice is to that requirement as modified if it has been modified under regulation 9(4) below.
Notice requiring works etc.
9
1
Where the Authority is satisfied that there is a significant risk of pollution of controlled waters as a result of —
a
the use of an exempt structure mentioned in regulation 6 above for storage of a relevant substance; or
b
the making of silage in circumstances in which the exemption conferred by regulation 7 above applies,
it may serve notice on the person having custody or control of the relevant substance requiring him to carry out such works and to take such precautions and other steps as it considers appropriate, having regard to the requirements of Schedule 1, Schedule 2 or, as the case may be, Schedule 3, for reducing that risk to a minimum.
2
The notice shall specify or describe the works, precautions or other steps which the person is required to carry out or take, state the period within which any such requirement is to be complied with and inform him of the effect in relation to the notice of regulation 10 below.
3
The period for compliance stated in the notice shall be such period as is reasonable in the circumstances and shall not in any case be less than 28 days.
4
The Authority may at any time —
a
withdraw the notice;
b
extend the period for compliance with any requirement of the notice;
c
with the consent of the person on whom the notice is served, modify the requirements of the notice,
and shall do so if so directed by the Secretary of State under regulation 10(4) below.
Appeals against notices requiring works etc.
10
1
A person served with a notice under regulation 9 above may within the period of 28 days beginning with the day on which that notice is served (or within such longer period as the Secretary of State may allow) appeal to the Secretary of State against the notice.
2
An appeal under this regulation shall be made by the appellant serving notice on the Secretary of State and the notice shall contain or be accompanied by a statement of the grounds of appeal.
3
Before determining an appeal under this regulation the Secretary of State shall, if requested to do so by the appellant or the Authority, afford them an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.
4
On determining an appeal under this regulation the Secretary of State shall have power to direct the Authority to withdraw the notice under regulation 9 above, to modify any of its requirements, to extend the period for compliance with any requirement or to dismiss the appeal.
5
The period for compliance with a notice under regulation 9 above shall, subject to any direction under paragraph (4) above, be extended by a period equal to the period beginning with the date on which notice of appeal is served and ending on the date on which the Secretary of State finally determines the appeal or, if the appeal is withdrawn, the date on which it is withdrawn.
Notice of construction etc.
11
A person who proposes to have custody or control of any relevant substance which is to be kept or stored on a farm in a silo, slurry storage system or, as the case may be, fuel storage area constructed, substantially enlarged or substantially reconstructed on or after I st September 1991 shall serve notice on the Authority specifying the type of structure to be used and its location at least 14 days before it is to be used for such keeping or storage.
Criminal offences
12
1
A person who contravenes regulation 3(1) or (2), 4(1) or 5(1) above shall be guilty of an offence and liable —
a
on summary conviction, to a fine not exceeding the statutory maximum;
b
on conviction on indictment, to a fine.
2
A person who contravenes regulation 11 above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
Michael Heseltine
Secretary of State for the Environment
22nd February 1991
David Hunt
Secretary of State for Wales
22nd February 1991


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (EarningsFactor) Amendment Regulations 1991 and shall come into force on 6th June1991.
Amendment of Regulation 4
2
In regulation 4 of the Social Security (Earnings Factor) Regulations1979 for the reference“paragraph 7” there shall be substituted the reference“paragraph 5”.
Amendment of Schedule
3
For Part I of Schedule 1 to the Social Security (Earnings Factor)Regulations 1979 there is hereby substituted the Part I contained in theSchedule to these Regulations.
Revocation
4
Regulation 2(3) of the Social Security (Earnings Factor) AmendmentRegulations 1988 is hereby revoked.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
7th May 1991


text:
1
The City of Westminster (Ladbroke Grove Canal Bridge Widening and Harrow Road Junction Improvement) Scheme 1988 is hereby confirmed with modification.
2
The said Scheme as confirmed (hereinafter referred to as“the Scheme”) is set out in the Schedule hereto and copies of the Scheme withits accompanying plan are deposited at the offices of the Department ofTransport, 43 Marsham Street, London SW1P 3PY and at the offices of theCouncil of the City of Westminster, One-Stop Services, First Floor,Westminster City Hall, Victoria Street, London SW1 and at 313 HarrowRoad, London W9.
3
The Scheme will become operative on the date onwhich notice that it has been confirmed is first published in accordancewith paragraph 1 of Schedule 2 to the Highways Act 1980.
4
This Instrument may be cited as the City of Westminster (Ladbroke Grove Canal Bridge Widening and Harrow Road Junction Improvement) Scheme 1988 Confirmation Instrument 1991.
Signed by authority of the Secretary of State for Transport
J. A. Owen
Regional Director, Northern Region,
Department of Transport
12th April 1991


text:
Title and commencement
1
This Order may be cited as the Diseases of Animals (Approved Disinfectants) (Amendment) (No. 2) Order 1991 and shall come into force on 18th March 1991.
Amendment
2
The Diseases of Animals (Approved Disinfectants) Order 1978 shall be amended as follows —
a
for the provisions of Schedule 1 to that Order (which lists disinfectants approved by the Minister) there shall be substituted the Schedule set out in Schedule 1 to this Order;
b
for the provisions of Schedule 2 to that Order (which lists disinfectants subject to transitional provisions) there shall be substituted the Schedule set out in Schedule 2 to this Order; and
c
in article 6(2) of that Order (which specifies the date until which disinfectants subject to transitional provisions remain approved) for the words “31st December 1990” there shall be substituted the words “30th June 1991”.
Revocation
3
The Diseases of Animals (Approved Disinfectants) (Amendment) Order 1990 , the Diseases of Animals (Approved Disninfectants) (Amendment) (No. 2) Order 1990 and the Diseases of Animals (Approved Disinfectants) (Amendment) Order 1991 are revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
12th March 1991.
Strathclyde
Parliamentary Under Secretary of State, Scottish Office
11th March 1991
David Hunt
Secretary of State for Wales
12th March 1991


text:
1
This Order may be cited as the Finance Act 1990, section 46, (Appointed Day) Order 1991.
2
The day appointed for the coming into force of section 46 of the Finance Act 1990 is 1st January 1992.
Irvine Patnick
Thomas Sackville
Two of the Lords Commissioners of Her Majesty’s Treasury
18th December 1991


text:
1
1
This Order may be cited as the Customs Duties (ECSC) (Quota and other Reliefs) Order 1991 and shall come into force on 1st January 1992.
2
In this Order —
references to a heading or subheading are references to a heading or subheading in the Combined Nomenclature of the European Economic Community ;
references to customs duty are references to duty charged by the Customs Duties (ECSC) Order 1987 in relation to the goods;
“the EEC Regulation” means Commission Regulation (EEC) No. 693/88 .
2
1
Up to and including 31st December 1992, no customs duty shall be charged on goods —
a
which fall within a heading or subheading in Part I of Schedule 1 hereto (certain iron and steel products) and
b
which originate in any country named in Schedule 2 hereto other than a country named in column 2 of Part III of Schedule 1 hereto in relation to that heading or subheading as specified in column 1 thereof.
This paragraph shall not apply in respect of goods falling within a heading or subheading indicated with an asterisk in Part I of Schedule 1 to this Order originating in China, nor in respect of goods originating in Romania.
2
Up to and including 31st December 1992, no customs duty shall be charged on goods —
a
which fall within a heading or subheading specified in Part II of Schedule 1 hereto (certain iron and steel products) and
b
which originate in a country named in Schedule 2 hereto.
This paragraph shall not apply in respect of goods falling within a heading or subheading indicated with an asterisk in Part II of Schedule 1 to this Order originating in Romania.
3
Paragraphs (1) and (2) above shall only apply to goods in respect of which an importer delivers an entry thereof for free circulation (within the meaning of regulation 5 of the Customs Controls on Importation of Goods Regulations 1991 and Chapter 2 of Title V of Commission Regulation (EEC) No. 2561/90 ) containing an application for relief from customs duty in the United Kingdom on or after 1st January 1992 accompanied by such documents as may be required under the provisions of the EEC Regulation.
3
1
Up to and including 31st December 1992, no customs duty shall be charged on goods falling within a heading or subheading in column 1 of Part III of Schedule 1 hereto (certain iron and steel products) which originate in a country named in column 2 in relation to that heading or subheading if they form part of the relevant quota.
2
For the purposes of paragraph (1) of this article the “relevant quota” in relation to any heading or subheading means the amount (expressed as a value in pounds) of goods specified in column 3 of Part III of Schedule 1 hereto in relation to the heading or subheading in respect of each of the countries named in column 2 in relation to that heading or subheading.
3
Subject to paragraphs (4) and (5) of this article, goods shall be treated as forming part of the relevant quota in the order in which an entry thereof for free circulation (within the meaning described in article 2(3) above) is accepted on or after the date of the opening of the quota, being an entry containing an application for relief from customs duty accompanied by such documents as may be required under the provisions of the EEC Regulation.
4
The Commissioners may delay the acceptance of an application for relief from duty in respect of any goods for the purposes of paragraph (3) above for any period not exceeding 7 days from the date of the opening of the quota, and in such a case may, if the amount of the quota is smaller than the total amount of the goods in respect of which applications are made during that period, allocate the quota proportionally among all the applicants whose applications are accepted.
5
Goods shall not be treated as forming part of the relevant quota if customs duty would not otherwise be chargeable or would not be chargeable at a higher rate than that applying within the quota.
4
For the purpose of this Order goods shall be treated as originating in a country named in column 2 of Part III of Schedule 2 hereto if they are to be regarded as so originating by virtue of the EEC Regulation.
John Redwood
Minister of State for Corporate Affairs on behalf of the Minister for Trade,
Department of Trade and Industry
31st December 1991


text:
1
This Order may be cited as the Public Telecommunication System Designation (Telecable of Stockport Limited) Order 1991 and shall come into force on 25th March 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
20th February 1991


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Contributions) Amendment (No. 5) Regulations 1991 and shall come into force on 22nd September 1991.
2
In these Regulations “the principal Regulations ” means the Social Security (Contributions) Regulations 1979 .
Amendment of regulation 43B of the principal Regulations
2
In regulation 43B(2) of the principal Regulations (Class 2 contributions paid late in accordance with a payment undertaking) –
a
in sub-paragraph (b), for the words “the weekly rate applicable at the time when the undertaking was entered into” there shall be substituted the words “the highest weekly rate of such a contribution in the period beginning with the contribution week in respect of which the contribution is paid and ending with the day on which the undertaking was entered into”; and
b
in sub-paragraph (c), for the words “the weekly rate of such a contribution” to the end of that sub-paragraph there shall be substituted the words
the highest weekly rate of such a contribution–
i
where the contribution is paid in accordance with a further undertaking, in the period beginning with the contribution week in respect of which the contribution is paid and ending with the day on which the further undertaking was entered into, or
ii
where the contribution is paid otherwise than in accordance with a further undertaking, in the period beginning with the contribution week in respect of which the contribution is paid and ending with the day on which it is paid.
.
Revocation of regulation 79 of the principal Regulations
3
Regulation 79 of the principal Regulations (application of provisions of Part VII of the principal Regulations where a husband is liable to pay a Class 4 contribution in respect of the profits or gains of his wife) is hereby revoked.
Amendment of regulation 132 of the principal Regulations
4
In regulation 132 of the principal Regulations (breach of regulations) for the sums “£200” and “£20” there shall be substituted respectively the words “level 3 on the standard scale” and the sum “£40”.
Savings
5
Regulation 4 of these Regulations shall have effect only in relation to–
a
an offence which is committed after 21st September 1991, in the case of an offence of contravening, or failing to comply with, any requirement of the principal Regulations in respect of which no special penalty is provided;
b
such part of an offence as occurs after 21st September 1991, in the case of an offence of continuing the contravention of, or failure to comply with, any requirement of the principal Regulations in respect of which no special penalty is provided.
Signed by authority of the Secretary of State for Social Security.
Ann Widdecombe
Parliamentary Under-Secretary of State,
Department of Social Security
23rd August 1991
The Commissioners of Inland Revenue hereby concur
T. J. Painter
S. C. T. Matheson
Two of the Commissioners of Inland Revenue
27th August 1991


text:
Citation and commencement
1
These Regulations may be cited as the National Health Service (General Dental Services) Amendment Regulations 1991 and shall come into force on 1st July 1991.
Amendment of the National Health Service (General Dental Services) Regulations 1973
2
1
The National Health Service (General Dental Services) Regulations 1973 shall be amended in accordance with the following paragraphs of this regulation.
2
In paragraph 16 (2) of Schedule 1 (terms of service for dentists) —
a
after head (m) there is inserted the following head: —
mm
any treatment immediately necessary as a result of trauma;
;
b
in head (n) after “(f)” there is added “and (mm)”;
c
in head (o) for the words “and (k)” there are substituted the words “, (k) and (mm)”;
d
in head (p) after “(k)” there is added “and (mm)”; and
e
in head (q) for the words “and (m)” there are substituted the words “, (m) and (mm)”.
3
In Part II of Schedule 1C (prior approval treatment) —
a
in paragraph 1 (course of care and treatment) for “£500” there is substituted “£600”; and
b
in paragraph 2 (orthodontic care and treatment) for “£500” there is substituted “£600”.
Application of these Regulations
3
The amendments made by regulation 2(3) of these Regulations apply only in relation to a course of care and treatment, or to any orthodontic care and treatment, commenced on or after 1st July 1991.
Signed by authority of the Secretary of State for Health.
Hooper
Parliamentary Under Secretary of State,
Department of Health
9th June 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Northern Devon Healthcare National Health Service Trust (Establishment) Order 1991 and shall come into force on 28th January 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 has a function to provide under sections 3(1)(d) or (e) or 5(1)(a) and (1A) of, or Schedule 1 to, the National Health Service Act 1977 ;
“establishment date” means 28th January 1991;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Northern Devon 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 Northern Devon 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 at the North Devon District Hospital, Raleigh Park, Barnstaple, North Devon EX31 4JB and associated hospitals;
b
to manage community health services provided from North Devon District Hospital, Raleigh Park, Barnstaple, North Devon EX31 4JB and to own the premises there from which those services are to be provided and any associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall he 1st April 1991.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date in order to enable it to its operate satisfactorily from its operational date the trust shall have the limited functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary for the said purpose.
Assistance by health authorities before operational date
7
1
The North Devon Health Authority shall —
a
until the operational date make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The North Devon Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the North Devon 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
23rd January 1991


text:
PART I
Preliminary
Citation, commencement and revocation
1
1
These Regulations may be cited as the Spirits Regulations 1991 and shall come into force on 1st January 1992.
2
The statutory instruments specified in column (1) of Schedule 1 to these Regulations (the references to which are specified in column (2) of that Schedule) are hereby revoked to the extent specified in column (3) of that Schedule.
Application
2
These Regulations apply to the manufacture of spirits by any process, except where by their nature or context they apply only to the manufacture of spirits by distillation of a fermented liquor.
Interpretation
3
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Alcoholic Liquor Duties Act 1979 ;
“approved” means approved by the Commissioners or by the officer as the case may be;
“approved saccharometer” means a saccharometer of a type specified from time to time for the purpose of these Regulations in a notice published by the Commissioners;
“class of spirits” means one of the classes of spirits specified from time to time for the purpose of these Regulations in a notice published by the Commissioners;
“the Contents by Weight Table”, “the Laboratory Alcohol Table” and “the Practical Alcohol Tables” mean respectively a set of tables of which a copy, signed by the Chairman of the Commissioners and identifying the tables as being ones to which these Regulations relate, has been deposited in the office of the Queen’s Remembrancer at the Royal Courts of Justice;
“distillation period” means the period prescribed by regulation 10 below in respect of each class of spirits;
“distiller” means a person holding a distiller’s licence under section 12 of the Act;
“distiller’s warehouse” has the meaning given by section 4(1) of the Act;
“distillery” means premises where spirits are manufactured, whether by distillation of a fermented liquor or by any other process;
“document” has the same meaning as it has in section 10 of the Finance Act 1985 ;
“feints” means spirits conveyed into a feints receiver;
“hydrometer” means a hydrometer of which a specimen, bearing a label signed by the Chairman of the Commissioners and identifying the instrument as being one to which these Regulations relate, has been deposited in the office of the Queen’s Remembrancer at the Royal Courts of Justice;
“low wines” means spirits of the first extraction conveyed into a low wines receiver;
“officer” means the proper officer of Customs and Excise;
“plant” means all vessels, utensils, pipes, fittings and other equipment used for the manufacture of spirits, or for the storage or processing of materials for the manufacture of spirits or for the storage of spirits after their manufacture;
“process” includes an operation carried on in order to manufacture spirits, and an operation on spirits after their manufacture;
“records” includes documents, copies of documents and information stored in a computer or produced from a computer;
“still” includes part of a still;
“sugar” includes molasses, saccharine solutions and all similar materials for the production of alcoholic liquors;
“thermometer” means a thermometer of which a specimen, bearing a label signed by the Chairman of the Commissioners and identifying the instrument as being one to which these Regulations relate, has been deposited in the office of the Queen’s Remembrancer at the Royal Courts of Justice;
“warehouse” means a place of security approved by the Commissioners under subsection (1) (whether or not it is also approved under subsection (2)) of section 92 of the Customs and Excise Management Act 1979 and also includes a distiller’s warehouse;
“warehouse vat” means a vessel which forms the whole or a part of a distiller’s warehouse;
“wash” means wort in which fermentation has begun;
“wort” means any infusion, solution or mixture intended for fermentation as part of the process of manufacturing spirits.
PART II
Approval of plant and processes and entry of premises
Approval of plant and processes
4
1
Before a distiller manufactures spirits he shall make written application to the officer for approval of the plant and processes he intends to use.
2
Any application made under paragraph (1) above shall be accompanied by a description of the processes referred to in it, and a drawing, model or description distinctly showing the course, construction and use of all the plant referred to in it, together with such additional information as the Commissioners may require.
3
No distiller shall begin to manufacture spirits until he has received the approval of the Commissioners of the plant and processes referred to in his application under paragraph (1) above, and any such approval may be given subject to conditions.
4
The Commissioners may for reasonable cause at any time vary or add to any conditions imposed on the approval of any plant or process, or withdraw any such approval.
Entry of premises
5
1
A distiller receiving approval under regulation 4 above shall ensure that the manufacture of spirits does not commence before he has made entry of the premises to be used in the manufacture of spirits.
2
Save as the Commissioners may otherwise allow, no distiller shall withdraw any entry made under paragraph (1) above while any still, spirit or distillable material remains on the premises so entered.
Variations to plant or processes
6
1
A distiller receiving approval under regulation 4 above shall ensure that any plant or process so approved is not varied, altered or changed unless the variation, alteration or change is first approved by the Commissioners, and any such approval may be given subject to conditions.
2
Application for the approval of any variation, alteration or change to any plant or process shall be in such form and manner and shall provide such details, including a written description, drawing or model, as the Commissioners may require.
3
The Commissioners may for reasonable cause at any time vary or add to any conditions imposed on the approval of any variation, alteration or change of any plant or process, or withdraw any such approval.
Examination of plant
7
A distiller shall to the satisfaction of the officer —
a
place and keep all plant used by him in the manufacture of spirits in a place convenient for examination, and with safe means of access, so that the nature and quantity of the contents can be accurately ascertained;
b
gauge or calibrate any plant;
c
draw off the water from the worm tubs, refrigerators and cooling equipment, when required to do so at any time while distillation is not in progress, and leave those vessels empty until the officer completes his examination of them; and
d
fix and place every pipe used by him, unless used exclusively for the discharge of water or spent wash, so as to be capable of being examined for such parts of its length as the officer may require.
General provisions as to plant
8
A distiller shall ensure that no plant is constructed or altered in a way which would facilitate the carrying out of any unapproved process, or the interference with any approved process, and that no person tampers or interferes with any plant or process in any way not authorised by or under these Regulations.
PART III
Conduct of processes
Special conditions and requirements
9
Without prejudice to the other provisions of these Regulations, a distiller shall comply with such conditions or requirements as the officer may for reasonable cause impose in relation to any particular operation or process in the manufacture of spirits.
Distillation periods
10
1
A distiller shall conduct his operations in separate distillation periods for each class of spirits, and shall specify the dates of commencement and termination of those periods in the entry book (or other records approved under regulation 21 below) or as the officer may otherwise allow.
2
A distiller may conduct his operations so that more than one distillation period is in progress at any one time.
3
In respect of each batch of wort which he makes, the distiller shall specify to which distillation period it belongs, and a distillation period shall commence at the date when production of the earliest of the wort included in it commences.
4
Each distillation period shall end when all the wort specified to belong to it has been distilled and the feints and spirits produced therefrom have been conveyed into their receivers and account has been taken of them.
5
Save as the officer may otherwise allow, a distiller shall conduct his operations so that no distillation period exceeds one month in length.
Produce of distillation periods
11
1
Save as the Commissioners may otherwise allow, a distiller shall ensure that the produce of any distillation period is not mixed with any other matter until account of that produce has been taken in such manner and to such an extent as the officer may require.
2
Notwithstanding paragraph (1) above, before account is taken of the produce of any distillation period it may be mixed with feints of which account has been taken in an earlier distillation period.
Provisions as to wort or wash etc.
12
1
Except with the written consent of the Commissioners and subject to such conditions as they may prescribe —
a
a distiller shall not use any material in the brewing or making of wort or wash which prevents the true gravity of the wort or wash from being ascertained;
b
a distiller shall not have in his possession at a distillery any wort, wash, low wines, feints, spirits or fermented liquor not made, brewed or distilled at that distillery; and
c
a distiller shall not add yeast, or other matter capable of causing fermentation, to wort or wash in any vessel other than a fermenting vessel.
2
A distiller shall ensure that any wort or wash removed from any fermenting vessel for the recovery of yeast is not disposed of except in such manner as the officer may approve and subject to such conditions as he may prescribe.
Sugar
13
Save as the Commissioners may otherwise allow, a distiller —
a
shall not keep any sugar at his distillery otherwise than in a sugar store within the entered premises;
b
shall not remove any sugar from a sugar store except for use in the manufacture of spirits;
c
shall immediately convey any sugar removed from the sugar store to the place where it is to be used and if it is not then used shall return it forthwith to the store; and
d
shall not remove any sugar from, or return any sugar to, a sugar store before any entry or other record required by or under these Regulations has been made.
Gravity of wort or wash
14
1
The Commissioners may require that before the gravity of any wort or wash is ascertained it shall be cleared of insoluble matter in a manner approved by them.
2
Save as provided by regulations 15 and 16 below, and unless the Commissioners approve in writing some other means, the gravity of any wort or wash shall be ascertained by an approved saccharometer and a thermometer used in a manner approved by them.
3
A distiller shall ascertain, and record in such form and manner as the officer may require, the quantity and gravity of any wort or wash immediately after collection in any fermenting vessel is complete.
4
A distiller shall ascertain, and record in such form and manner as the officer may require, particulars of the gravity of any wash immediately before he removes it from a fermenting vessel, together with such other particulars as the officer may require, including particulars of the vessel.
5
When record has been made of any wort or wash under this regulation, the quantity or gravity of that wort or wash shall not be increased except with the permission of the officer.
Ascertainment of original gravity after fermentation has commenced (1st method)
15
When fermentation has commenced in any wash so that the original gravity of the wort from which the wash is made cannot be ascertained by an approved means, the original gravity may be determined in the following manner —
a
a sample is to be taken from any part of such wash and, after first being cleared of insoluble matter in an approved manner, a definite quantity thereof by measure at the temperature of 20 degrees Celsius shall be distilled;
b
the distillate and residue shall each be made up at the temperature of 20 degrees Celsius with distilled water to the original measure of the quantity before distillation, and the gravity of each shall be ascertained at 20 degrees Celsius;
c
the number of degrees by which the gravity of the distillate is less than the gravity of distilled water at 20 degrees Celsius shall be deemed the spirit indication of the distillate;
d
the degrees of gravity standing opposite to such spirit indication in the table in Schedule 2 to these Regulations added to the gravity of the residue expressed in degrees, shall be deemed to be the original gravity of the wort; and
e
the degrees of the original gravity ascertained in accordance with paragraph (d) above shall be subject to such adjustment for volatile acidity as the Commissioners may allow.
Ascertainment of original gravity after fermentation has commenced (2nd method)
16
1
Subject to paragraph (2) below, when fermentation has commenced in any wash so that the original gravity of the wort from which the wash is made cannot be ascertained by an approved means, the original gravity may be determined in the following manner —
a
a sample is to be taken from any part of such wash and, after clearing the sample of insoluble matter in an approved manner, the gravity of the sample shall be ascertained using a means approved by the Commissioners under section 3(2) of the Act;
b
the gravity ascertained as in paragraph (a) above shall be adjusted by an addition established in accordance with paragraphs (c) and (d) below, and the gravity so adjusted shall be deemed to be the original gravity of the wort; provided always that if the original gravity is known to be greater than the figure obtained in the manner set out in this regulation, or is found to be greater by the employment of the method set out in regulation 15 above, the greater figure shall be deemed to be the original gravity of the wort;
c
an addition for fermentation which has taken place shall be established initially from six samples taken from separate batches of wash (which shall be given reference numbers 1 to 6), by finding the gravity of each sample both as determined by the method set out in regulation 15 above and as ascertained by the method set out in paragraph (a) above, and calculating the average of the excess of the former over the latter for the six samples;
d
the established addition for fermentation referred to in paragraph (b) above shall be verified during each month by taking one sample of wash (which shall be given the next reference number in the same series), finding for this sample as heretofore the excess of the gravity determined by the method set out in regulation 15 above over the gravity ascertained by the method set out in paragraph (a) above, and calculating the average of the said excess for this sample and the previous five samples in the series, and where the new average differs by more than 0.5 degrees from the current established addition, the new average shall become the established addition.
2
The procedures provided for by paragraph (1) above shall be carried out afresh where —
a
there is a change —
i
in the composition of the wort or of the yeast; or
ii
in any plant, practices or processes used in the manufacture of spirits; and
b
such change may affect any addition for fermentation that may be established (as described in paragraph (1) above).
PART IV
Taking account of spirits produced
Taking account
17
1
A distiller shall give notice of the taking account of spirits and such notice shall be given in the entry book (or other records approved under regulation 21 below) and shall specify the vessel, day and time when account is to be taken.
2
Save as the officer may otherwise allow, not less than 24 hours notice shall be given under paragraph (1) above.
3
Save as the officer may otherwise allow, a distiller shall ensure that spirits are not removed from the vessel in which account of them has been taken until one hour after that account has been declared in the entry book (or other records approved under regulation 21 below), and that nothing is added to those spirits before that time has elapsed.
4
A distiller may, for reasonable cause, before the time specified in the notice for taking account of spirits, cancel the notice or vary it by substituting a later time.
Ascertainment of strength of spirits
18
1
Subject to paragraph (2) below, the strength of spirits may be ascertained —
a
by means of a hydrometer, a thermometer and the table entitled “The Practical Alcohol Tables Volume 2”; or
b
by determining the density of the spirits in air at 20 degrees Celsius and taking the strength of the spirits to be the percentage of alcohol by volume corresponding to that density in the table entitled “Laboratory Alcohol Table”, provided that where the density of any spirits determined as aforesaid falls between any two consecutive numbers in that table the strength shall be determined by linear interpolation.
2
Where spirits contain any substance other than alcohol and water the Commissioners may either —
a
require that the strength of the spirits be ascertained by any of the means prescribed by this Part of these Regulations after removing from the spirits any such substance to the extent which they consider necessary by distillation or such other process as they direct and adding water to replace the volume so removed; or
b
allow the strenth of the spirits to be ascertained, as though they contained alcohol and water only, by any of the means prescribed by this Part of these Regulations.
Ascertainment of volume of spirits
19
1
The volume of spirits contained in any container may be ascertained for any purpose by such method involving weight, measure or gauge as the Commissioners may approve.
2
Where the Commissioners under paragraph (1) of this Regulation approve ascertainment by weighing, the volume shall be calculated by means of a hydrometer and the table entitled “Contents by Weight Table”.
Application of regulations 18 and 19
20
Regulations 18 and 19 above shall apply to spirits, methylated spirits and any fermented liquor other than wash.
PART V
Distillers' records
Entry books
21
1
Save as provided by paragraph (3) below, for every distillery in respect of which he holds a licence a distiller shall —
a
obtain from the officer an entry book in an approved form;
b
at all times keep the entry book in the distillery in a place approved by the officer;
c
at any time permit the officer to inspect the entry book and make notes therein or take copies thereof or extracts therefrom; and
d
make entries in the entry book at such times and in such detail as specified therein or as otherwise required by the officer.
2
No entry in the entry book shall be obliterated or, except with the permission of the officer, cancelled or altered, other than by making a fresh entry in the entry book.
3
Subject to prior written approval by the Commissioners, a distiller may record the information required by paragraph (1) above in his business records, and these Regulations, with the exception of paragraph (4) below, shall apply to such records as they apply to entry books.
4
A distiller shall surrender the entry book to the officer when required by the officer to do so.
Notice of commencement of process
22
A distiller shall give such notice before commencing any process or stage in a process in the manufacture of spirits as the officer may require, and such notice shall be given in the entry book (or other records approved under regulation 21 above) in such form and manner as the officer may require.
Preservation and production of records
23
1
A distiller shall maintain such records relating to his business as a manufacturer of spirits as are necessary to enable an officer to satisfy himself of the correctness of any entry in the entry book (or other record approved under regulation 21 above) or any return rendered under these Regulations, and such other records as the officer may require.
2
The distiller shall keep the records required under paragraph (1) above at the distillery to which they refer, or such other place as the officer may approve, and shall preserve them for not less than 2 years from the date of the last entry in them.
3
If any of the records referred to in paragraph (1) above are made or preserved in a form which is not easily readable, or which is not readable without the aid of equipment, the distiller shall, at the request of the officer, produce the information contained in those records in the form of a transcript or other permanent legible reproduction.
4
Any of the records referred to in paragraph (1) above, and any transcript or other reproduction required to be produced under paragraph (3) above, shall be produced to an officer at such place and time as he may reasonably require, and the officer shall be allowed to inspect, copy or take extracts from them and remove them at a reasonable time and for a reasonable period.
Requirements in respect of distillation periods
24
1
Within 5 days of the end of each distillation period the distiller shall enter in his entry book (or other records approved under regulation 21 above) —
a
such particulars relating to the distillation period as the Commissioners may require;
b
in the case of distillation of a fermented liquor the calculation made for attenuation charge purposes in accordance with section 14(2) of the Act, and the quantity of alcohol so calculated.
2
Where the quantity of alcohol calculated by the distiller for attenuation charge purposes under paragraph (1)(b) above in respect of a distillation period exceeds the quantity of alcohol produced in that distillation period, the distiller shall forthwith notify the officer of the discrepancy in writing.
Quarterly distillery returns
25
Within 14 days of the end of each calendar quarter the distiller shall furnish to the officer a return in respect of that quarter, which shall be made in such form and manner and shall contain such particulars as the Commissioners may from time to time direct.
PART VI
Warehousing
Warehousing
26
1
A distiller shall not warehouse any spirits until he has taken account of them in such manner and to such extent as the officer may require, and the particulars of that account have been declared in the entry book (or other records approved under regulation 21 above).
2
Save as the Commissioners may otherwise allow, when spirits of which account has been taken are contained in a spirit receiver which is not also approved as a warehouse vat the distiller shall remove them to a warehouse immediately after the period required under regulation 17(3) above has elapsed.
3
When spirits of which account has been taken are contained in a spirit receiver which is also approved as a warehouse vat those spirits shall be deemed to be warehoused as soon as account of them has been declared in the entry book (or other records approved under regulation 21 above).
4
Unless the officer otherwise allows, the quantity of spirits in the spirit receiver or the quantity declared in the entry book (or other records approved under regulation 21 above), whichever is greater, shall in every case be deemed to be the quantity warehoused.
5
Where spirits remain in a warehouse vat which is also approved as a spirit receiver, the distiller shall take account of such spirits before the warehouse vat is used as a spirit receiver, and the provisions of regulation 17 above shall apply.
D. F. O. Battle
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
11th November 1991


text:
1
1
This Order may be cited as the Education (Inner London Education Authority) (Transitional and Supplementary Provisions) Order 1991 and shall come into force on 1st April 1991.
2
In this Order —
a
“the 1974 Act ” means the Local Government Act 1974 ;
b
“the abolition date” means 1st April 1990;
c
“action”, “local authority”, “Local Commissioner” and “person aggrieved” have the same meaning as in Part III of the 1974 Act;
d
“ ILEA ” means the former Inner London Education Authority and the reference to ILEA in article 2(1) of this Order includes a reference to —
i
the members and officers of ILEA,
ii
any person or body of persons acting for ILEA under section 101 of the Local Government Act 1972 ,
iii
any education committee, including a sub-committee, established in accordance with Part II of Schedule 1 to the Education Act 1944 , or
iv
any appeal committee constituted in accordance with paragraph 1 of Schedule 2 to the Education Act 1980 ; and
e
“relevant authority” means the London Residuary Body, a local authority and any other person by whom functions of ILEA are exercisable on and after the abolition date or in whom property of ILEA is vested on that date.
2
1
This Order applies to a complaint(“a transitional complaint”) such as is mentioned in section 26(1) of the 1974 Act, which relates to action (“specified action”) taken by or on behalf of ILEA in the exercise of its administrative functions before the abolition date.
2
A Local Commissioner may investigate or, as the case may be, continue to investigate a transitional complaint notwithstanding the abolition of ILEA.
3
Subject to paragraphs (4) and (5) below, sections 26 to 34 of the 1974 Act shall apply to all investigations conducted by virtue of paragraph (2) above as if the specified action had been taken by or on behalf of the relevant authority (“the successor authority”) by whom the administrative functions in question are exercisable on and after the abolition date.
4
Where the specified action relates exclusively to the exercise of administrative functions in connection with property which on the abolition date vests in a relevant authority other than the successor authority, paragraph (3) above shall have effect as if that other relevant authority were the successor authority.
5
In relation to a transitional complaint made after the abolition date, references in section 26 of the 1974 Act to a member of an authority concerned shall be construed as a reference to a member of a local authority for the area in which the person aggrieved resides.
3
Any question as to which is the successor authority in respect of any particular transitional complaint shall be determined by the Secretary of State on the application of the Local Commissioner or a relevant authority.
Kenneth Clarke
Secretary of State for Education and Science
8th March 1991


text:
1
This Order may be cited as the Inheritance Tax (Indexation) Order 1991.
2
The amounts which, unless Parliament otherwise determines, shall be treated by virtue of section 8 of the Inheritance Tax Act 1984 as specified in the Table in Schedule 1 to that Act in relation to chargeable transfers on or after 6th April 1991 are as follows —
TABLE OF RATES OF TAX
Portion of value Rate of tax Lower Limit Upper Limit Per cent.
£ £ 0 140,000 NIL 140,000 — 40
Gregory Knight
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
19th March 1991