text:
Citation, commencement and interpretation
1
1
This Order may be cited as the London Residuary Body (Transfer of Property etc) Order 1990 and shall come into force on 29th March 1990.
2
In this Order–
“the 1980 Act ” means the Local Government, Planning and Land Act 1980 ;
“the 1985 Act ” means the Local Government Act 1985;
“the 1989 Act ” means the Local Government and Housing Act 1989 ;
“the Residuary Body ” means the London Residuary Body;
“ Bexley ” means the council of the London Borough of Bexley;
“ Bromley ” means the council of the London Borough of Bromley;
“ Greenwich ” means the council of the London Borough of Greenwich;
“the transfer date” means 30th March 1990;
“the abolished council” means the former Greater London Council;
“expenditure” in relation to Bromley includes administrative expenses properly incurred by them;
“the local council” means the council of a London borough, and in relation to land or property means the council of the London borough in which the land or property is situated; and
“the Common Council ” means the Common Council of the City of London.
3
For the purposes of any provision of this Order which requires the payment or recovery of sums in the appropriate proportions–
a
the appropriate proportion in relation to any council is the proportion equal to the proportion which the population of the area of that council bears to the population of Greater London; and
b
the population of an area means its relevant population as calculated in accordance with section 69 of the Local Government Finance Act 1988 .
4
Nothing in this Order shall transfer any functions, property, rights or liabilities which the Residuary Body has or is to receive pursuant to the provisions of the Education Reform Act 1988.
5
The provisions of this Order are subject to any contrary provision made by–
a
the London Government Reorganisation (Property etc) ( No. 2) Order 1989 ; and
b
the London Government Reorganisation (Pensions etc) Order 1989 .
Transfer of specified housing property
2
1
On the transfer date all interests of the Residuary Body in–
a
the land shown within the thick black line on the Plan titled “Plan A referred to in the London Residuary Body (Transfer of Property etc) Order 1990” shall vest in the council of the London Borough of Hounslow;
b
numbers 66a to e, 67a to e, 69a to e, 71a to e, 74a to e, 76a to e and 86a to d Elsham Road, London W14 shall vest in the council of the Royal Borough of Kensington and Chelsea (“Kensington and Chelsea”);
c
numbers 109a to e, 117a to e and 125a to e Holland Road, London W14 shall vest in Kensington and Chelsea;
d
the land shown within the thick black line on the Plan titled “Plan B referred to in the London Residuary Body (Transfer of Property etc) Order 1990”, shall vest in the council of the London Borough of Hammersmith and Fulham (“Hammersmith and Fulham”); and
e
numbers 1 to 84 Ollgar Close, Uxbridge Road, London W12 shall vest in Hammersmith and Fulham.
2
a
Subject to paragraph (3), immediately before the transfer date the Residuary Body shall set aside from its revenue balances the sum of £136,970; and
b
on the transfer date the Residuary Body shall pay that sum to Kensington and Chelsea.
3
The sum referred to in paragraph (2) shall be reduced by such amount as the Residuary Body may certify has been expended by it on or in connection with works of repair to the property transferred by paragraph (1)(b).
4
The sum transferred by virtue of paragraph (2) shall be applied for defraying expenditure only on or in connection with works of improvement or repair to the properties transferred by paragraph (1)(b).
5
Subject to paragraph (6), all rights and liabilities of the Residuary Body acquired or incurred in connection with, and all records relating exclusively to, property transferred by paragraph (1) shall vest in the council to which it is so transferred.
6
The following rights and liabilities of the Residuary Body shall not transfer under paragraph (5)–
a
those arising in respect of actions in the High Court of Justice, Queens Bench Division, Official Referee’s Business under references 1986 E. No. 763, 1986 O. No. 5307, 1987 H. No. 4964 and 1988 M. No. 881; and
b
those arising in respect of actions in the High Court of Justice, Queens Bench Division, under references 1987 E. No. 594 and 1987 V. No. 571.
Transfer of specified land to Bexley and Greenwich
3
1
On the transfer date all interests of the Residuary Body in–
a
the land specified in Part I of Schedule 1 to this Order shall vest in Bexley; and
b
the land specified in Part II of Schedule 1 to this Order shall vest in Greenwich.
2
Subject to paragraph (3), all rights and liabilities of the Residuary Body acquired or incurrred in connection with, and all records relating exclusively to, interests in land transferred by paragraph (1) shall vest in the council to which such interests are so transferred.
3
The net proceeds arising from any sale or other disposal within a period of ten years from the transfer date of any interest transferred by paragraph (1) shall be paid to Bromley.
4
In paragraph (3), “net proceeds” means the amount received by Bexley or by Greenwich, as the case may be, in respect of the sale or other disposal of any interest transferred by paragraph (1) less any reasonable expenses incurred by Bexley or by Greenwich in connection with that sale or disposal.
5
For the purposes of paragraphs (3) and (4) “disposal” means disposal by operation of law or otherwise.
Transfer of other property
4
1
Subject to article 2 of this Order and to paragraph (2), on the transfer date–
a
the interests of the Residuary Body specified in Column 2 of Part I of Schedule 2 to this Order in the land specified in Column 1 shall vest in Bromley;
b
all interests of the Residuary Body in the land described in Part II of Schedule 2 to this Order shall vest in Bromley;
c
all interests of the Residuary Body in the sites of 124 to 146 (even) and 150 Westmoor Street, Greenwich, London SE7 shall vest in the National Rivers Authority;
d
all interests of the Residuary Body in land which is the subject of an agreement for its disposal or option for its purchase shall vest in Bromley;
e
all interests of the Residuary Body in the land vested in it by article 15 of the Local Government Reorganisation (Property etc) Order 1986 (“Thames mead”) shall vest in Bromley;
f
all interests of the Residuary Body in all other land situated in Greater London shall vest in the local council, or, if such land is situated in their area, in the Common Council; and
g
all interests of the Residuary Body in any other land situated outside Greater London shall vest in the council of the district in which it is situated.
2
The interests of the Residuary Body in the land described in Schedule 3 to this Order shall not transfer under paragraph (1).
3
On the transfer date the property specified in Column 1 of Schedule 4 to this Order shall vest in the authority specified in Column 2.
4
Subject to article 9, all rights and liabilities of the Residuary Body acquired or incurred in connection with, and all records relating exclusively to, interests in land or property transferred by paragraphs (1) or (3) shall vest in the council or body to which such interests or property are so transferred.
5
Where prior to the transfer date the Residuary Body has disposed of any interest in land subject to a covenant that the Residuary Body shall in certain circumstances either receive money or make payments the benefit or the burden of that covenant, as the case may be, shall vest in Bromley.
Transfer of mortgage interests
5
1
On the transfer date all interests of the Residuary Body as mortgagee in–
a
58 Mangold Way, Erith, Kent;
b
40 Cherbury Close, London SE28; and
c
56 Linnet Close, London SE28
shall vest in the council of the London Borough of Richmond-upon-Thames.
2
The London Government Reorganisation (Mortgages) Order 1988 shall apply to the mortgage interests transferred by paragraph (1) as if those interests had been transferred by that Order, except that references in that Order to “the transfer date” shall, insofar as the interests transferred by paragraph (1) are concerned, be construed as references to the transfer date as defined in article 1(2) of this Order.
Transfer of Money
6
1
a
Immediately before the transfer date the Residuary Body shall set aside from its revenue balances the sum of £2 million; and
b
on the transfer date the Residuary Body shall pay that sum to Bromley.
2
The sum referred to in paragraph (1) shall be applied by Bromley to defray expenditure incurred by it in consequence of the provisions of this Order.
3
If the defraying of expenditure does not exhaust the sum referred to in paragraph (1) Bromley shall apportion the remaining amount among the local councils and the Common Council; and shall pay the appropriate proportion to each of the other local councils and the Common Council and retain the balance.
Block Grant
7
1
Any payment which by virtue of any provision of the 1980 Act would but for this Order have fallen, by virtue of section 81 of the 1985 Act, to be made by or to the Residuary Body shall be made by or to the local councils in the appropriate proportions.
2
For the purposes of paragraph (1)–
a
“the appropriate proportions” shall be construed in accordance with article 1(3)(a); and
b
the population of an area shall be taken to be the number estimated by the Registrar General and certified by him to the Secretary of State by reference to 30th June 1983.
3
Any information, notice or request under sections 65, 66 or 67 of the 1980 Act which but for this article would have fallen to be given or made by or to the Residuary Body shall be given or made by or to Bromley.
Transfer of property, rights and liabilities relating to Loan Stock
8
1
On the transfer date all rights and liabilities of the Residuary Body in respect of–
a
London County 6.75 per cent stock 1988/90;
b
Greater London 6.75 per cent stock 1990/92;
c
3 per cent London County Consolidated stock; and
d
2.5 per cent London County Consolidated stock
shall vest in the London Pensions Fund Authority (“the LPFA ”).
2
a
Immediately before the transfer date the Residuary Body shall set aside from its revenue balances the sum of £96,319,202.17; and
b
on the transfer date the Residuary Body shall transfer that sum to the LPFA.
3
On the transfer date all rights and liabilities of the Residuary Body in respect of loan stocks issued by the abolished council or by the former London County Council which have been redeemed shall vest in the LPFA.
4
On the transfer date the Residuary Body shall pay the LPFA an amount equal to any unclaimed sums outstanding in respect of loan stock (whether or not redeemed) less any amount held by the Chief Registrar of the Bank of England in respect of such unclaimed sums.
5
The sum transferred by paragraph (2)(b)–
a
shall be applied by the LPFA to meet the liabilities vested in them by paragraph (1) as and when required; and
b
until so required shall be invested by the LPFA in approved investments as defined by section 66(1)(a) of the 1989 Act.
6
The net interest received by the LPFA from the sum transferred to them by paragraph (2)(b) shall be applied for defraying expenditure (if any) incurred in respect of the functions, property, rights and liabilities transferred to the LPFA by article 3 of the London Government Reorganisation (Pensions etc) Order 1989, or otherwise as the Secretary of State may direct.
7
“Net interest” in paragraph (6) above means the interest earned from the investment of the sum transferred by paragraph (2)(b) less any interest payable in respect of the stock referred to in paragraph (1) and any expenses incurred by the LPFA in the management of that stock.
8
The Local Authority (Stocks and Bonds) Regulations 1974 are amended–
a
in regulation 1(3), in the definition of “local authority”, by substituting for the words “a residuary body established by Part VII of that Act” the words “London Pensions Fund Authority”; and
b
in Schedule 2, by substituting for the words “London Residuary Body” the words “London Pensions Fund Authority”.
9
For the purposes of section 47 of the 1989 Act (security for money borrowed etc) the stock referred to in paragraph (1) shall be treated as money borrowed by the LPFA.
10
The stock referred to in paragraph (1) shall be excluded from any determination made by the LPFA under section 45(1) of the 1989 Act (the authority’s own limits).
Transfer of proceedings etc
9
1
On the transfer date any interest of the Residuary Body in the subject matter of the proceedings specified in Columns 1 to 3 of Part I of Schedule 5 to this Order and all rights and liabilities of the Residuary Body in those proceedings shall vest in the authority or body specified in Column 4.
2
On the transfer date all rights and liabilities of the Residuary Body in relation to any cause of action or proceeding which is or may be associated in any way with any of the proceedings transferred by paragraph (1) shall vest in the authority or body to which such proceedings are so transferred.
3
On the transfer date all rights and liabilities of the Residuary Body in respect of the Contract specified in Part II of Schedule 5 to this Order shall vest in Greenwich.
4
All rights of the Residuary Body to claim compensation in respect of any interests in land owned or formerly owned by it which are being or have been acquired compulsorily by the London Docklands Development Corporation shall on the transfer date vest in Bromley.
Middlesex Guildhall Collection etc
10
1
On the transfer date the interests of the Residuary Body in the items which formed the collection known as the Middlesex Guildhall Collection, and which are specified in loan agreements dated 21st March 1989 and 12th September 1989 and signed by Mrs Wendy West on behalf of the Residuary Body and Mr David Adlington on behalf of the Lord Chancellor’s Department, shall vest in the council of the London Borough of Harrow (“Harrow”).
2
a
Subject to paragraph (3), immediately before the transfer date the Residuary Body shall set aside from its revenue balances the sum of £34,600; and
b
on the transfer date the Residuary Body shall transfer that sum to Harrow.
3
The sum referred to in paragraph (2) shall be reduced by such amount as the Residuary Body may certify has been expended by it before the transfer date under a contract for restoration works made between the Residuary Body and the Castle Howard Conservation Centre.
4
The money transferred by virtue of paragraph (2)(b) shall be applied by Harrow only for defraying expenditure on or in connection with the display, security, repair and maintenance of the items vested in them by paragraph (1).
5
On the transfer date the interests of the Residuary Body in a collection of portraits of Chairmen of the abolished council and of the London County Council and of certain other artefacts specified in a loan agreement dated 31st March 1989 between the Residuary Body and the Common Council shall vest in the Common Council.
Records
11
1
This article applies to–
a
any records of the abolished council vested in the Residuary Body under article 12 of the Local Government Reorganisation (Property etc) Order 1986; and
b
any records of the Residuary Body
which that body’s Director of Administration certifies by 29th March 1990 are no longer required by the Residuary Body.
2
On the transfer date all records to which this article applies and any copyright in them shall vest in the Common Council.
3
a
Immediately before the transfer date the Residuary Body shall set aside from its direct capital receipts the sum of £1.52 million; and
b
on the transfer date the Residuary Body shall transfer that sum to the Common Council.
4
The sum transferred by paragraph (3)(b) shall be applied by the Common Council only for defraying expenditure on or in connection with the provision of accommodation for the storage of the records vested in them by paragraph (2).
5
For the purposes of paragraph (3) “direct capital receipts” has the same meaning as in article 2(1) of the Local Government Reorganisation (Capital Money) (Greater London) Order 1989 .
6
The Residuary Body shall have the right to inspect and to be supplied with copies of any records transferred by this article.
Rights and liabilities
12
1
On the transfer date all rights and liabilities of the Residuary Body in relation to the following shall vest in Bromley–
a
any debt which is subject to an arrangement for its payment in instalments where the final instalment falls to be paid after 29th March 1990;
b
any unsecured and non-preferential debts where the debtor has become subject to a bankruptcy order or individual voluntary arrangement or the appointment of a receiver or liquidator and in respect of which the trustee in bankruptcy or supervisor or receiver or liquidator has not indicated or is not in a position to indicate that there is unlikely to be any money available for distribution to unsecured or non-preferential creditors;
c
any guarantee entered into by the abolished council under section 119(3)(c) of the Housing Act 1957 ;
d
any agreement made between the abolished council and a local council under which the abolished council made a grant to that council; and
e
any agreement made between the abolished council and the bodies specified in Schedule 6 to this Order under which the abolished council provided assistance by way of a grant for the purchase, conversion or improvement of property outside the area of Greater London, or for the construction, overhaul or fitting out of a vessel.
2
For the purposes of paragraph (1)(a) “debt” does not include debt in respect of borrowed money.
3
On the transfer date all rights and liabilities of the Residuary Body in respect of or in connection with work carried out by the abolished council under the Thames Barrier and Flood Prevention Act 1972 (“the 1972 Act”) and the Land Drainage Act 1976 (“the 1976 Act”) shall vest in the National Rivers Authority, save that any outstanding sums in respect of grants made to the abolished council under section 91 of the 1976 Act pursuant to section 42 of the 1972 Act shall be paid to the Residuary Body.
4
Where the abolished council or its predecessors or, prior to the transfer date, the Residuary Body, have entered into any covenant affecting land with a local council, a county council, a district council or the Common Council, the benefit or the burden of that covenant, as the case may be, shall vest in Bromley.
5
On the transfer date all rights and liabilities of the Residuary Body arising from or connected with the matters specified in Column 1 of Schedule 7 to this Order shall vest in the authority specified in Column 2.
6
Subject to the preceding provisions of this Order and to paragraph (7), all other rights and liabilities of the Residuary Body in relation to land shall vest in the local council, or, if such property is situated in their area, in the Common Council, or the district council.
7
Nothing in this article shall transfer any rights and liabilities of the Residuary Body–
a
in respect of the land described in Schedule 3 to this Order;
b
in relation to land adjoining 35 Cremer Street, Shoreditch, Hackney, London E2;
c
in any proceedings other than those specified in Column 1 of Part I of Schedule 5 to this Order;
d
referred to in article 9(2) of the London Government Reorganisation (Property etc) (No. 2) Order 1989; or
e
in respect of debts owed by or to the Residuary Body to or by any of the following companies in liquidation–
Keith Andrews and Company (London) Limited;
M.J. Shanley (Contracting) Limited;
M.C. Swindon Realisations Limited (formerly Mears Construction Limited);
St. Mary’s Landscape Limited;
J. and W. Mayer Limited; and
W.J. Simms Sons and Cooke (Southern) Limited.
13
All rights and liabilities of the Residuary Body arising from the exercise by the abolished council of its powers under the following provisions shall vest in the local council–
a
section 49(3) and Parts VII and VIII of the Housing Act 1974 (“the 1974 Act”); and
b
section 40(2) of the Housing Act 1969 ,
save that any sums in respect of contributions made to the abolished council by the Secretary of State under the 1974 Act which fall to be paid in the financial year beginning on 1st April 1989 shall be paid to the Residuary Body.
Consequential financial provisions
14
1
In each financial year commencing with the financial year beginning on 1st April 1990 Bromley shall pay to each of the other local councils and to the Common Council the appropriate proportion of an amount equal to Bromley’s capital receipts in respect of–
a
any interest, benefit or right vested in them by articles 4(1)(a), 4(1)(b), 4(1)(d), 4(1)(e), 4(5), 9(4), 12(1)(d) and 12(1)(e) of this Order; and
b
any net proceeds paid to them pursuant to article 3(3) of this Order.
2
The balance of the capital receipts shall be retained by Bromley.
3
Any capital receipts paid to a local council or the Common Council pursuant to paragraph (1) and the balance of the capital receipts retained by Bromley pursuant to paragraph (2) shall be treated for the purposes of Part IV (revenue accounts and capital finance of local authorities) of the 1989 Act as a capital receipt of the council.
4
For the purposes of section 59 of the 1989 Act the reserved part of–
a
any capital receipts paid to a local council or the Common Council pursuant to paragraph (1); and
b
the balance of the capital receipts retained by Bromley pursuant to paragraph (2)
shall be 50 per cent.
5
a
Any sums received by a local council pursuant to article 13 of this Order shall be treated for the purposes of Part IV of the 1989 Act as a capital receipt of the council; and
b
for the purposes of section 59 of the 1989 Act the reserved part of any such sums shall be 100 per cent.
6
Sums received by Bromley in respect of the disposal of assets vested in them by articles 4(1)(a), 4(1)(b), 4(1)(d), 4(1)(e), 4(5), 9(4), 12(1)(d) and 12(1)(e) and sums paid to them under article 3(3) of this Order shall not be capital receipts for the purposes of Part IV of the 1989 Act.
7
Any sums received by Bexley or Greenwich in respect of the sale or disposal by operation of law or otherwise of any interest transferred by article 3(1) of this Order shall not be capital receipts for the purposes of Part IV of the 1989 Act.
Apportionment
15
1
All other sums realised by Bromley by or in consequence of the transfer by articles 4(1)(a), 4(1)(b), 4(1)(d), 4(1)(e), 9(4), 12(1) and 12(4) of this Order of any interests in land, property, benefit or rights shall after deduction of any relevant expenditure be apportioned among the local councils and the Common Council; and Bromley shall, not later than the end of the financial year in which such sums are received, pay the appropriate proportion to each of the other local councils and the Common Council and shall retain the balance.
2
If in any financial year the aggregate in that year of the sums referred to in paragraph (1) is insufficient to meet any relevant expenditure of Bromley for that year, that expenditure shall, to the extent that it is not met from the aggregate, be apportioned among the local councils and the Common Council; and the appropriate proportion shall be recoverable by Bromley from each of the other local councils and the Common Council.
3
In this article, “relevant expenditure” means expenditure attributable to this Order which is not defrayed by virtue of any other provision of this Order.
Consequential administrative arrangements
16
1
On or before 31st October in the financial year beginning on 1st April 1990 and on or before 30th June in any subsequent financial year Bromley shall notify every other local council and the Common Council of its estimate of the amount to be paid to that council in the current financial year–
a
by way of capital receipts under article 14(1); and
b
under article 15(1).
2
Bromley shall send a copy of the notifications sent under paragraph (1) to the Secretary of State and shall advise him of any payments made by way of capital receipts under article 14(1), or under article 15(1).
3
Bromley shall–
a
on or before 31st October in the financial year beginning on 1st April 1990 and on or before 30th June in any subsequent financial year provide the Secretary of State with an estimate of the amount they anticipate they will retain in that financial year by way of capital receipts under article 14(2), and under article 15(1); and
b
notify the Secretary of State of any such amounts retained.
Continuity of the exercise of functions
17
1
Anything done by or in relation to (or having effect as if done by or in relation to) the Residuary Body in connection with any interests in land, property, rights or liabilities which by virtue of this Order are transferred to a local council, a district council, the Common Council or the National Rivers Authority shall so far as is required for continuing its effect after the transfer date have effect as if done by or in relation to that council or that Authority, as the case may be.
2
Without prejudice to the generality of paragraph (1), that paragraph applies to the making of any application, decision or determination; to the giving of notice; to the entering into of any agreement or other instrument; and to the bringing of any action or proceeding; but nothing in this Order shall be construed as transferring any contract of employment.
3
Any pending action or proceeding may be amended in such a manner as may be appropriate in consequence of this Order.
Complaints of maladministration by Residuary Body
18
1
The Parliamentary Commissioner may investigate or, as the case may be, continue to investigate a complaint of maladministration by the Residuary Body arising in relation to any interests in land, property or other matter transferred by this Order.
2
In relation to any such investigation begun or continued after the transfer date, the Parliamentary Commissioner Act 1967 shall apply as if for any reference to the principal officer of the Residuary Body there were substituted a reference to the proper officer of the local council, district council, Common Council or of the National Rivers Authority and as if any specified action had been taken by the relevant council or as the case may be, by the Common Council or by the National Rivers Authority.
Disputes
19
In the event of a dispute between any of the local councils or between any of the local councils and the Common Council as to the amount of any expenditure recoverable by Bromley pursuant to this Order, the matter shall be determined by an arbitrator appointed by the Secretary of State; and section 31 of the Arbitration Act 1950 shall have effect in relation to the arbitration as if it were an arbitration to which that section applies.
Miscellaneous
20
1
On the transfer date the council of the London Borough of Lewisham shall succeed the Residuary Body as trustee of the Beatrice Prize Fund.
2
The Local Government Reorganisation (Repayment of Loans) (Greater London) Order 1986 is hereby revoked.
Chris Patten
Secretary of State for the Environment
2nd March 1990


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Manchester Central Hospitals and Community Care National Health Service Trust (Establishment) Order 1990 and shall come into force on 21st December 1990.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State has a function to provide under sections 3(1)(d) or (e) or 5(1)(a) and (1A) of, or Schedule 1 to, the National Health Service Act 1977 ;
“establishment date” means 21st December 1990;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means Manchester Central Hospitals and Community Care National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called Manchester Central Hospitals and Community Care National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services at the Manchester Royal Infirmary, Oxford Road, Manchester M13 9WL and associated hospitals including the management of its teaching and research facilities;
b
to manage community health services from Cobbett House, Oxford Road, Manchester M13 9WL and to own the premises there from which those services are to be provided and any associated premises.
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
2
The hospital referred to in article 3(2)(a) is a hospital which, in the opinion of the Secretary of State, has a significant teaching and research commitment and accordingly one of the non-executive directors shall be appointed from The University of Manchester.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1991.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date in order to enable it to begin to operate satisfactorily from the operational date the trust shall have the limited functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary for the said purpose.
Assistance by health authorities before operational date
7
1
The Central Manchester Health Authority shall —
a
until the operational date make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The Central Manchester Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the Central Manchester Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Virginia Bottomley
Minister of State,
Department of Health
4th December 1990


text:
Citation and commencement
1
These Regulations may be cited as the Welsh Health Common Services Authority Regulations 1990 and shall come into force on 1st February 1991.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“ Authority ” means the Welsh Health Common Services Authority constituted under the Constitution Order ;
“Constitution Order” means the Welsh Health Common Services Authority Constitution Order 1990 ;
“ Family Authority ” means a Family Health Services Authority;
“member” means a member of the Authority;
“the Procedure Regulations ” means the Regional and District Health Authorities (Membership and Procedure) Regulations 1990 .
2
Unless the context otherwise requires, any reference in these Regulations to a numbered regulation is a reference to the regulation bearing that number in these Regulations and any reference in a regulation to a numbered paragraph is a reference to the paragraph bearing that number in that regulation.
Tenure of office of members
3
1
Subject to paragraph (4) and to any provisions applied by these Regulations as to termination of and disqualification for membership, the tenure of office of a member appointed by the Secretary of State shall be for such period as the Secretary of State may specify on making the appointment.
2
The person who is a member by virtue of paragraph (c) of article 5 of the Constitution Order shall, subject to paragraph (3), hold office for so long as he remains the chief officer of the Authority.
3
Where for any period, a person mentioned in paragraph (2) is suspended from his duties as chief officer of the Authority —
a
he shall also be suspended for that period from performing his functions as a member, and
b
any person appointed by the Authority to act in his place as chief officer shall also be appointed by the Authority to perform his functions as a member of that Authority for that period.
4
Where the Secretary of State is satisfied that it is not in the interests of the Authority or the health service that a person whom he has appointed as a member should continue to hold that office, he may forthwith terminate that member’s tenure of office.
Minutes of proceedings
4
Minutes shall be kept of the proceedings of the Authority and of any committee, sub-committee or joint committee appointed by virtue of regulation 5, and any such minutes shall, if signed by a person purporting to have acted as chairman of the meeting to which the minutes relate, or at a meeting at which they were approved as a correct record, be evidence of those proceedings, and a meeting to which any such minutes relate shall, unless the contrary is proved, be deemed to have been regularly convened and constituted.
Application of regulations
5
The provisions of regulation 11(1), (4), (5) and (6) (termination of tenure of office), regulation 12 (eligibility for reappointment), regulation 13(1)(a) to (e), (2) and (3) (disqualification for appointment), regulation 14 (cessation of disqualification), regulation 17 (appointment of committees and sub-committees), regulation 18 (arrangements for the exercise of functions), regulation 19(2) (standing orders for the regulation of proceedings and business) and regulation 20 (disability on account of pecuniary interest) of the Procedure Regulations shall apply for the purposes of these Regulations as if —
a
any reference therein to an Authority included a reference to the Authority;
b
any reference therein to the appointing authority were a reference to the Secretary of State; and
c
in regulation 13(1)(e) the reference to paragraph (3) of regulation 11 were a reference to regulation 3(4).
David Hunt
Secretary of State for Wales
27th December 1990


text:
1
This Order may be cited as the Northern Ireland (Emergency and Prevention of Terrorism Provisions) (Continuance) Order 1990 and shall come into force on 22nd March 1990.
2
In this Order–
a
“the temporary provisions of the 1978 Act ” means all the provisions of the Northern Ireland (Emergency Provisions) Act 1978, except sections 5 and 28 to 36, Part III of Schedule 4, Schedules 5 and 6 and, so far as they relate to offences which are scheduled offences by virtue of the said Part III, sections 2, 6 and 7;
b
“the temporary provisions of the 1987 Act ” means Parts II and III of the Northern Ireland (Emergency Provisions) Act 1987 ; and
c
“the 1989 Act provisions ” means the provisions referred to in section 27(11) of the Prevention of Terrorism (Temporary Provisions) Act 1989 (“the 1989 Act ”), that is to say–
i
Parts III and V of the 1989 Act so far as they have effect in Northern Ireland and relate to proscribed organisations for the purposes of section 21 of the Northern Ireland (Emergency Provisions) Act 1978 or offences or orders under that section, and
ii
sections 21 to 24 of the 1989 Act.
3
The temporary provisions of the 1978 Act except section 12, Schedule 1 and section 24, the temporary provisions of the 1987 Act, and the 1989 Act provisions, shall continue in force for a period of twelve months beginning with 22nd March 1990.
P. L. Brooke
One of Her Majesty’s Principal Secretaries of State
Northern Ireland Office
20th March 1990


text:
Citation and interpretation
1
1
This Order may be cited as the National Health Service and Community Care Act 1990 (Commencement No. 4 and Transitional Provision) Order 1990.
2
In this Order —
a
“ the Act ” means the National Health Service and Community Care Act 1990, and
b
“the 1948 Act ” means the National Assistance Act 1948 .
Day appointed
2
1st April 1991 is the day appointed for the coming into force of each provision of the Act specified in Column 1 of the Schedule to this Order.
Transitional provision
3
Section 54 of the 1948 Act (inquiries for the purposes of that Act) shall continue to apply so far as the purposes of that Act relate to persons under the age of eighteen until section 81 of the Children Act 1989 comes into force.
William Waldegrave
Secretary of State for Health
7th November 1990


text:
Title and commencement
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (England) Amendment No. 2 Order 1990 and shall come into force on 4th June 1990.
Partial revocation and amendment
2
The Food Protection (Emergency Prohibitions) (England) Order 1987 is revoked to the extent that it imposes prohibitions on —
a
the slaughter of a sheep which was moved from any place in accordance with a consent given under section 2(1) of the Food and Environment Protection Act 1985 on or before 14th January 1990 which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark; and
b
the supply or having in possession for supply of meat, or food containing meat, derived from a sheep described in paragraph (a) of this article,
and accordingly that Order is further amended in accordance with the following provisions of this Order.
3
In article 6, for paragraph (2) there shall be substituted the following paragraph —
2
Paragraph (1) above shall not apply in the case of —
a
any sheep which was moved to a market in accordance with a consent given under section 2(1) of the Act which consent did not require that the sheep to which it applies should be marked in a manner specified therein;
b
any sheep which was moved from any place in accordance with a consent given under the said section 2(1) on or before 14th January 1990 which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark;
c
any sheep which was moved from any place in accordance with a consent given under the said section 2(1) on or before 30th July 1989 which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark;
d
any sheep which was moved from any place in accordance with a consent given under the said section 2(1) on or before 1st October 1989 which consent was subject to the condition that the sheep to which it applies should be marked with a green mark; or
e
any sheep which —
i
was moved from any place in accordance with a consent given under the said section 2(1) which consent was subject to the condition that the sheep to which it applies should be marked with a red mark; or
ii
was moved from any place in accordance with such a consent given on or after 15th January 1990 which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark,
and which, in any case, has been examined and marked with an ear-tag by person authorised in that behalf by one of the Ministers.
.
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
23rd May 1990.


text:
Citation and commencement
1
These Regulations may be cited as the Non-Domestic Rating (Alteration of Lists and Appeals) (Amendment) (No. 2) Regulations 1990 and shall come into force on 27th September 1990.
General
2
The Non-Domestic Rating (Alteration of Lists and Appeals) Regulations 1990 (“the principal Regulations”) shall be amended in accordance with these Regulations; and expressions used in these Regulations which are also used in the principal Regulations shall have the same meaning as in those Regulations.
Definitions
3
1
In regulation 2 (interpretation)–
a
for the definition of “interested person” there shall be substituted the following–
“interested person” in relation to a hereditament means–
the occupier;
any other person (other than a mortgagee not in possession) having in any part of the hereditament–
a legal estate, or
an equitable interest such as would entitle him (after the cessation of any prior interest) to possession of the heredita ment or any part of it; and
any person having a qualifying connection with the occupier or with any person such as is described in paragraph (b);
;
b
after the definition of “ratepayer” there shall be added–
“subsidiary”, “company” and “holding company” have the same meanings as in sections 736 and 736A of the Companies Act 1985 ;
;
c
at the end there shall be added–
2
A person shall be treated as having a qualifying connection with another–
a
where both persons are companies, and–
i
one is a subsidiary of the other, or
ii
both are subsidiaries of the same company; or
b
where only one person is a company, the other person (the “second person”) has such an interest in that company as would, if the second person were a company, result in its being the holding company of the other.
.
2
In regulation 3, the definition of “subsidiary” shall be omitted.
3
Before section 144 of the Companies Act 1989 is in force, the amendments effected by paragraph (1) above shall be construed as if that section were already in force.
Alterations to local rating lists
4
For regulation 6 (limit to start of year) there shall be substituted the following–
6
1
No alteration such as is described in regulation 4 other than an alteration–
a
in pursuance of paragraphs (3) or (4) (completion notices) , or
b
made in pursuance of the order of a tribunal under Part V of these Regulations
shall have effect from a day earlier than the first day in the relevant year.
2
Where the alteration is made in pursuance of a proposal other than a proposal disputing the accuracy of a previous alteration to the list, the relevant year is the year in which the proposal was made.
3
Where the alteration is made in pursuance of a proposal disputing the accuracy of a previous alteration to the list, the relevant year is the year in which the disputed alteration was made.
4
In any other case, the relevant year is the year in which the alteration is made.
.
Proposals
5
At the end of regulation 10 (manner of making proposals) there shall be added–
3
A proposal may deal with more than one hereditament–
a
in the circumstances mentioned in regulation 9(3); or
b
where the person making the proposal does so in the same capacity as respects each hereditament, and each of the hereditaments is within the same building as each other hereditament or, where any of them is not within a building, it is within the same curtilage as the other or others.
.
6
1
Regulation 11 (proposals treated as invalid) shall be amended as follows.
2
In paragraph (1)(b) for “paragraph (2)” there shall be substituted “paragraphs (2) to (4)”.
3
For paragraph (2) there shall be substituted–
2
Within four weeks of the service on him of a notice under paragraph (1), the person who made the proposal may–
a
subject to paragraph (2A), make a further proposal in relation to the same property, notwithstanding the previous expiry of any period applicable under regulation 9, or
b
appeal against the notice to the relevant valuation and community charge tribunal.
2A
Where a valuation officer’s notice under paragraph (1) relates to a proposal under paragraph (2)(a), no further proposal may be made under that paragraph.
2B
Where a proposal is made under paragraph (2)(a), the proposal in respect of which the notice under paragraph (1) was served shall be treated as having been withdrawn.
.
Parties to settlements and appeals
7
1
For regulation 15(2)(d) there shall be substituted–
d
the ratepayer (at the date of the agreement) in relation to any hereditament to which it relates
.
2
Regulation 27(2)(b) (parties to appeals) shall be amended by the insertion at the end of the words
and any other person who–
i
has at any time since the proposal was made been an occupier of any hereditament to which it relates; and
ii
has served notice on the clerk that he wishes to be a party to the appeal
.
Cross-country pipe-lines
8
At the end of regulation 17(1) (application of Part II of the principal Regulations to cross-country pipe-lines) there shall be added–
and
c
any reference to an alteration of a list were a reference to its alteration in relation to a description of hereditaments, being hereditaments consisting of cross-country pipe-lines, prescribed by regulations under section 53(1) of the Act
.
Information used in evidence
9
In regulation 39 (evidence)–
a
in paragraph (1), at the end there shall be added “or section 82 of the General Rate Act 1967” ; and
b
after paragraph (5) there shall be inserted–
5A
Nothing in the foregoing provisions of this regulation shall be construed as requiring the making available for inspection or copying, or the production of, any document in so far as it contains information other than information–
a
constituting direct evidence of the rent payable in respect of the specified hereditaments, or
b
which is otherwise reasonably required for the purposes of the relevant proceedings.
.
Appeals to the Lands Tribunal
10
In regulation 45 (appeals), at the end there shall be added–
5
An appeal under paragraph (1) against a decision or order shall lie at the instance of any party who is aggrieved by it and who appeared at the hearing or, if the appeal was disposed of by written representations, who made such representations.
.
Notifications by valuation officer
11
After regulation 46 there shall be inserted–
Notifications by valuation officer
46A
1
Where a valuation officer–
a
applies to a tribunal under regulation 44 for the review of a decision in consequence of which an order requiring the alteration of a list was made; or
b
appeals to the Lands Tribunal under regulation 45 against a decision in consequence of which such an order was made, or against such an order,
he shall, at the same time or as soon as reasonably practicable thereafter, notify the relevant authority of the application or appeal.
2
For the purposes of this regulation, where the application or appeal relates to the alteration of a local non-domestic rating list the relevant authority is the charging authority for whose area the list was compiled, and in any other case the relevant authority is the Secretary of State.
.
Supplementary provision
12
1
Where before the day on which these Regulations come into force–
a
in pursuance of the principal Regulations a relevant document has been served on a valuation officer, and
b
no notice under regulation 11(1) of those Regulations has been served in respect of that document before that day,
that document shall be treated as having been made, and served on the valuation officer, on that day.
2
A relevant document is one which would have been a proposal if regulations 3 and 5 had been in force when it was served.
Chris Patten
Secretary of State for the Environment
5th September 1990
David Hunt
Secretary of State for Wales
3rd September 1990


text:
1
This Order may be cited as the Education (Inner London Education Authority) (Transitional and Supplementary Provisions) (No. 3) Order 1990 and shall come into force on 1st September 1990.
2
1
Regulation 10 of the Education (Areas to which Pupils and Students Belong) Regulations 1989 shall be amended in accordance with the provisions of this article.
2
In paragraph (2)(a) after the words “of another local education authority,” there shall be added the words “subject to paragraph (4)”.
3
At the end there shall be added the following paragraphs —
4
A student who but for the abolition of the Inner London Education Authority (“ ILEA ”) would fall to be treated by virtue of paragraph (2)(a) as belonging to the area of that authority shall instead be treated as belonging to the area of the relevant successor authority.
5
In paragraph (4) above the reference to the relevant successor authority is to the inner London council which on the abolition of the ILEA became by virtue of section 163 of the Education Reform Act 1988 the local education authority for the area in which the student was ordinarily resident immediately before moving as is mentioned in paragraph (2)(a).
.
3
In paragraph (2) of article 2 of the Education (Inner London Education Authority) (Transitional and Supplementary Provisions) Order 1990 for the words “the Education (Mandatory Awards) Regulations 1989” there shall be substituted the words “the regulations for the time being in force made under the said section 1 and Schedule 1”.
John MacGregor
Secretary of State for Education and Science
7th August 1990


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Local Government (Politically Restricted Posts) Regulations 1990 and shall come into force on 6th February 1990.
2
In these Regulations “the 1989 Act ” means the Local Government and Housing Act 1989.
3
References in these Regulations to the area of the City of London, London boroughs, or districts are to the area of the councils concerned.
2
1
The annual rate of remuneration specified for the purposes of section 2(2) of the 1989 Act in respect of full time posts shall be the amount shown in column 2 of the Schedule to these Regulations for the area shown in column 1 of the Schedule in which the duties of the post are principally discharged.
2
The annual rate of remuneration specified for the purposes of section 2(2) of the 1989 Act in respect of full time posts where the duties of the post are discharged in more than one of the areas shown in column 1 of the Schedule but are not discharged principally in any one area, shall be theamount shown in column 2 of the Schedule for any one of the areas in which the duties of the post are discharged and where those amounts differ shall be the higher of those amounts.
Chris Patten
One of Her Majesty’s Principal Secretaries of State
12th January 1990


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Community Charges (Deductions from Income Support) Regulations 1990 and shall come into force on 1st April 1990.
2
In these Regulations, unless the context otherwise requires —
“the 1975 Act ” means the Social Security Act 1975 ;
“the 1986 Act ” means the Social Security Act 1986 ;
“adjudication officer” means an officer appointed in accordance with section 97(1) of the 1975 Act;
“appropriate social security office” means an office of the Department of Social Security which is normally open to the public for the receipt of claims for income support and includes an office of the Department of Employment which is normally open to the public for the receipt of claims for unemployment benefit;
“ Commissioner ” means the Chief or any other Social Security Commissioner appointed in accordance with section 97(3) of the 1975 Act or section 13(5) of the Social Security Act 1980 , and includes a Tribunal of 3 Commissioners constituted in accordance with section 116 of the 1975 Act;
“couple” means a married or unmarried couple;
“debtor” means a person against whom a liability order has been obtained;
“5 per cent. of the personal allowance for a single claimant aged not less than 25” and “5 per cent. of the personal allowance for a couple where both members are aged not less than 18” means, in each case, where the percentage is not a multiple of 5 pence, the sum obtained by rounding that 5 per cent. to the next higher such multiple;
“income support” means income support within the meaning of the 1986 Act;
“liability order” means an order under regulation 29 of the Community Charges (Administration and Enforcement) Regulations 1989 ;
“married couple” has the meaning ascribed to it in section 20(11) of the 1986 Act;
“payments to third parties” means direct payments to third parties in accordance with Schedule 9 to the Social Security (Claims and Payments) Regulations 1987 ;
“polygamous marriage” means a marriage to which section 22B of the Social Security Act 1986 refers ;
“single debtor” means a debtor who is not a member of a couple;
“tribunal” means a social security appeal tribunal constituted in accordance with section 97(2) to (2E) of the 1975 Act; and
“unmarried couple” has the meaning ascribed to it in section 20(11) of the 1986 Act.
3
Unless the context otherwise requires, any reference in these Regulations to a numbered regulation or Schedule is a reference to the regulation and Schedule bearing that number in the Regulations and any reference in a regulation or Schedule to a numbered paragraph is a reference to the paragraph of that regulation or Schedule having that number.
Deductions from income support
2
1
Where a debtor is entitled to income support, without prejudice to its right to pursue any other means of recovery, an authority may apply to the Secretary of State by sending an application in respect of each debtor or, where a liability order is made against a couple in respect of both of them, to an appropriate social security office asking him to deduct sums from any amount payable to a debtor by way of that income support.
2
An application from an authority shall be in writing and shall contain the following particulars —
a
the name and address of the debtor or where the liability order is made against a couple, the names and address of both of them;
b
the name and place of the court at which the liability order was obtained;
c
the date when the liability order was obtained;
d
the total amount of the arrears specified in the liability order;
e
the total amount which the authority wishes to have deducted from income support.
3
Where it appears to the Secretary of State that an application from an authority gives insufficient particulars to enable the debtor to be identified he may require the authority to furnish such further particulars as may reasonably be required.
4
Subject to regulation 4(1), where the Secretary of State receives an application from an authority, he shall refer it to an adjudication officer who shall determine, so far as is practicable within 14 days of its submission to him, the following questions —
a
whether there is sufficient entitlement to income support so as to enable the Secretary of State to make any deduction —
i
where a liability order is made against a single debtor, or a debtor who is a member of a couple, or a member of a polygamous marriage, at a rate of 5 per cent.of the personal allowance set out in Schedule 2 to the Income Support (General) Regulations 1987 , paragraph 1(1)(c) (single claimant aged not less than 25); or
ii
where a liability order is made against a couple and income support is payable in respect of both of them at a rate of 5 per cent.of the personal allowance set out in Schedule 2 to the Income Support (General) Regulations 1987, paragraph 1(3)(c) (couple where both mem bers are aged not less than 18), and, if the amount payable by way of income support to the debtor were to be 10 pence or more after any such deduction, the adjudication officer shall determine that there is sufficient entitlement;
b
the priority of any sum to be deducted as against any payments to third parties where there is insufficient entitlement to income support to meet both the deduction in respect of arrears of community charges and those payments to third parties, and the following priorities shall apply —
i
any liability mentioned in paragraph 3 of Schedule 9 (housing costs) to the Social Security (Claims and Payments) Regulations 1987;
ii
any liability mentioned in paragraph 5 of Schedule 9 (service charges for fuel, and rent not falling within paragraph 2(1)(a)) to those Regulations;
iii
any liability mentioned in paragraph 6 of Schedule 9 (fuel costs) to those Regulations;
iv
any liability mentioned in paragraph 7 of Schedule 9 (water charges) to those Regulations;
v
any liability for arrears in respect of community charges.
5
Subject to any right of appeal or review under these Regulations, the decision of the adjudication officer shall be final.
Notification of decision
3
The Secretary of State shall notify the debtor in writing of the adjudication officer’s decision as soon as is practicable after he receives that decision and at the same time he shall notify the debtor of his right of appeal.
Circumstances, time of making and termination of deductions
4
1
The Secretary of State shall make deductions from income support only —
a
where the debtor is entitled to income support throughout any benefit week; and
b
in respect of one application (the original application) at a time, and where, at the time he is making deductions under the original application, the Secretary of State receives one or more applications under regulation 2(1), he shall not refer them to the adjudication officer until he has ceased making deductions under the original application when he shall forthwith refer the applications to the adjudication officer in the chronological order in which they were made.
2
The Secretary of State shall make deductions from income support at a time which corresponds to the payment of income support to the debtor and he shall cease making deductions when —
a
a payment to a third party has priority;
b
there is insufficient entitlement to income support to enable him to make the deduction;
c
entitlement to income support ceases;
d
an authority withdraws its application for deductions to be made; or
e
the debt is discharged.
3
Payments shall be made to the authority at such intervals as the Secretary of State may decide.
Appeal
5
1
Where the adjudication officer has decided a question under regulation 2(4), the debtor may appeal to a tribunal.
2
Subject to paragraph (5), an appeal lies to a Commissioner from any decision of a tribunal on the grounds that the decision of that tribunal was erroneous in point of law and the persons who may appeal are the debtor and the adjudication officer.
3
If it appears to the Chief Commissioner or, in the case of his inability to act, to such other of the Commissioners as he may have nominated to act for that purpose, that an appeal falling to be heard by one of the Commissioners involves a question of law of special difficulty, he may direct that the appeal be dealt with, not by that Commissioner alone but by a Tribunal consisting of any 3 of the Commissioners and if the decision is not unanimous, the decision of the majority shall be the decision of the Tribunal.
4
Subject to paragraph (5), an appeal on a question of law lies to the Court of Appeal from any decision of a Commissioner on a question of law and the persons who may appeal are —
a
the debtor;
b
the adjudication officer; and
c
the Secretary of State.
5
No appeal lies to the Commissioner or to the Court of Appeal —
a
in the case of an appeal to the Commissioner, without the leave of the chairman of a tribunal, which decided the appeal or, where he refuses leave, the Commissioner;
b
in the case of the Court of Appeal, with the leave of the Commissioner who decided the appeal or, if he refuses leave, the Court of Appeal.
Review
6
1
Any decision under these Regulations of an adjudication officer, a tribunal or a Commissioner may be reviewed at any time by an adjudication officer if —
a
the officer is satisfied that the decision was given in ignorance of, or was based on a mistake as to, some material fact; or
b
there has been a relevant change of circumstances since the decision was given.
2
Any decision of an adjudication officer may be reviewed by an adjudication officer on the grounds that the decision was erroneous in point of law.
3
A question may be raised with a view to review under this regulation by means of an application in writing to an adjudication officer, stating the grounds of the application.
4
On receipt of any such application, the adjudication officer shall take it into consideration and, so far as is practicable, dispose of it within 14 days of its receipt.
5
A decision given by way of revision or a refusal to review under this regulation shall be subject to appeal in the same manner as an original decision and regulation 5(1) and Schedule 2 shall apply with the necessary modifications in relation to a decision given on review as they apply to the original decision on a question.
Correction of accidental errors
7
1
Subject to regulation 9, accidental errors in any decision or record of a decision made under regulations 2(4), 5 and 6 and Schedule 2 may at any time be corrected by the person or tribunal by whom the decision was made or a person or tribunal of like status.
2
A correction made to, or to the record of, a decision shall be deemed to be part of the decision or, of that record, and written notice of it shall be given as soon as practicable to every party to the proceedings.
Setting aside decisions on certain grounds
8
1
Subject to regulation 9, on application made by a party to the proceedings, a decision including an application for leave to appeal to a Commissioner or the Court of Appeal made under regulations 2 (4), 5, 6 and Schedule 2 by an adjudication officer, tribunal or a Commissioner may be set aside by the person or tribunal by whom the decision was made, or by a person or tribunal of like status, in a case where it appears just to set that decision aside on the grounds that —
a
a document relating to the proceedings in which the decision was given was not sent to, or was not received at an appropriate time by a party or their representative or was not received at the appropriate time by the person or tribunal who gave the decision;
b
in the case of an appeal to a tribunal or an oral hearing before a Commissioner a party to the proceedings in which the decision was given or the party’s representative was not present at the hearing relating to the proceedings; or
c
the interests of justice so require.
2
An application under this regulation shall be made in accordance with regulation 10 and Schedule 1.
3
Where an application to set aside is made under paragraph (1) every party to the proceedings shall be sent a copy of the application and shall be afforded a reasonable opportunity of making representations on it before the application is determined.
4
Notice in writing of a determination on an application to set aside a decision shall be given to every party to the proceedings as soon as may be practicable and the notice shall contain a statement giving the reasons for the determination.
5
For the purpose of determining under these Regulations an application to set aside, there shall be disregarded any provision in any enactment or instrument to the effect that any notice or other document required or authorised to be given or sent to any person shall be deemed to have been given or sent if it was sent to that person’s last known notified address.
Provisions common to regulations 7 and 8
9
1
In calculating any time specified in Schedule 1 there shall be disregarded any day falling before the day on which notice was given of a correction of a decision or the record thereof pursuant to regulation 7 or on which notice is given that a determination of a decision shall not be set aside following an application under regulation 8, as the case may be.
2
There shall be no appeal against a correction made under regulation 7 or a refusal to make such a correction or against a determination under regulation 8.
3
Nothing in regulation 7 or 8 shall be construed as derogating from any inherent or other power to correct errors or set aside decisions which is exercisable apart from these Regulations.
Manner of making applications or appeals and time limits
10
1
Any application or appeal set out in Column (1) of Schedule 1 shall be made or given by sending or delivering it to the appropriate office within the specified time.
2
In this regulation —
a
“appropriate office” means the office specified in Column (2) of Schedule 1 opposite the description of the relevant application or appeal listed in Column (1); and
b
“specified time” means the time specified in Column (3) of that Schedule opposite the description of the relevant application or appeal so listed.
3
The time specified by this regulation and Schedule 1 for the making of any application or appeal (except an application to the chairman of a tribunal for leave to appeal to a Commissioner) may be extended for special reasons, even though the time so specified may already have expired, and any application for an extension of time under this paragraph shall be made to and determined by the person to whom the application or appeal is sought to be made or, in the case of a tribunal, its chairman.
4
An application under paragraph (3) for an extension of time (except where it is made to a Commissioner) which has been refused may not be renewed.
5
Any application or appeal set out in Column (1) of Schedule 1 shall be in writing and shall contain: —
a
the name and address of the appellant or applicant;
b
the particulars of the grounds on which the appeal or application is to be made or given;
c
his address for service of documents if it is different from that in (a); and
d
in the case of an appeal to the Commissioner, subject to paragraph 21(2) of Schedule 2, the notice of appeal shall have annexed to it a copy of the determination granting leave to appeal and a copy of the decision against which leave to appeal has been granted.
6
Where it appears to an adjudication officer, or chairman of a tribunal, or Commissioner that an application or appeal which is made to him, or the tribunal, gives insufficient particulars to enable the question at issue to be determined, he may require, and in the case of a Commissioner, direct that the person making the application or appeal shall furnish such further particulars as may reasonably be required.
7
The conduct and procedure in relation to any application or appeal shall be in accordance with Schedule 2.
Manner and time for the service of notices etc.
11
1
Any notice or other document required or authorised to be given or sent to any person under these Regulations shall be deemed to have been given or sent if it was sent by post properly addressed and pre-paid to that party at his ordinary or last notified address.
2
Any notice or other document required or authorised to be given to an appropriate social security office or office of the clerk to a tribunal shall be treated as having been so given or sent on the day that it is received in the appropriate social security office or office of the clerk to the tribunal.
3
Any notice or document required to be given, sent or submitted to, or served on, a Commissioner —
a
shall be given, sent or submitted to an office of the Social Security Commissioners;
b
shall be deemed to have been given, sent or submitted if it was sent by post properly addressed and pre-paid to an office of the Social Security Commissioners.
Signed by authority of the Secretary of State for Social Security.
Gillian Shephard
Parliamentary Under-Secretary of State
Department of Social Security
25th January 1990


text:
Title and Commencement
1
These Regulations may be cited as the Set-Aside (Amendment) Regulations 1990, and shall come into force on 24th August 1990.
Interpretation
2
In these Regulations “the principal Regulations ” means the Set-Aside Regulations 1988 .
Amendment of the principal Regulations
3
The principal Regulations shall be amended in accordance with the following provisions of these Regulations.
Definitions
4
In regulation 2(1) of the principal Regulations–
a
before the definition of “agriculture” there shall be inserted the following definition:
“Agricultural Land Tribunal” means an Agricultural Land Tribunal established under Part V of the Agriculture Act 1947 ;
;
b
in the definition of “designated maps”–
i
in sub-paragraph (a), for the address “Great Westminster House, Horseferry Road, London, SW1P 2AE” there shall be substituted the following address “Ergon House, 17 Smith Square, London, SW1P 3HX”; and
ii
in sub-paragraph (c), for the address “Chesser House, Gorgie Road, Edinburgh EH11 3AW” there shall be substituted the following address “Pentland House, 47 Robb’s Loan, Edinburgh EH14 1TW”;
c
after the definition of “eligible person” there shall be inserted the following definitions:
“fallow land” means permanent fallow or rotational fallow;
;
“grazed fallow” means fallow land grazed extensively by livestock;
;
d
after the definition of “less-favoured area” there shall be inserted the following definition:
“livestock” includes any creature kept for the production of food, wool, skins, or fur or for the purpose of its use in farming the land or in the carrying on in relation to land of any agricultural activity;
;
e
in the definition of “the set-aside obligations”, in paragraph (b), after “7(1),” there shall be inserted “7(2),”;
f
in the definition of “tenant”, in paragraph (a)(ii), after “2(1)” there shall be inserted “or section 3(1)”;
g
after the definition of “tenant” there shall be inserted the following definition:
“vernacular buildings” means buildings traditionally found in the locality;
;
h
after the definition of “the Woodland Grant Scheme” there shall be inserted the following definition:
“year” means, except for the purposes of the definitions of “the set-aside period” and “tenant”, a period of 12 months commencing on 1st October.
.
Aid for set aside of arable land
5
In regulation 3 of the principal Regulations:
a
for paragraph (1)(b) there shall be substituted the following sub-paragraph:
b
to use the set-aside area for one of the following–
i
permanent fallow;
ii
rotational fallow;
iii
grazed fallow (subject to regulation 7A);
iv
woodland;
v
non-agricultural purposes;
vi
a combination of any two or more of (iii), (iv) and (v);
vii
a combination of any two or more of (i), (ii), (iv) and (v); and
b
for sub-paragraph (b) of paragraphs (2) and (3) there shall be substituted in each case the following sub-paragraph:
b
to use that additional set-aside area for one of the purposes set out in paragraph 1(b)(ii)–(vi) above or a combination of any two or more of (ii), (iv) and (v), provided that–
i
if he has undertaken to use any land for either of the purposes set out in paragraph 1(b)(i) or
ii
he shall undertake not to use that additional set-aside area for the purposes set out in paragraph 1(b)(iii) or (vi); (ii) if he has undertaken to use any land for the purpose set out in paragraph 1(b)(iii) he shall undertake not to use that additional set-aside area for the purposes set out in paragraph 1(b)(i) or (ii), or a combination of (ii) and (iv), (ii) and (v) or (ii), (iv) and (v); and
.
Applications for aid
6
In regulation 5(1) of the principal Regulations:
a
at the end of sub-paragraph (d) there shall be inserted “; and”;
b
after sub-paragraph (d) there shall be inserted the following sub-paragraph:
e
where an applicant proposes to use set-aside land for grazed fallow, details of the number of each type of livestock kept in the reference period on the holding of which the land he proposes to set aside for grazed fallow formed part and the amount of feed required by them in the reference period.
.
Restriction on acceptance of applications for aid
7
In regulation 6 of the principal Regulations, in paragraph (2), for the words “or rotational fallow” there shall be substituted the words “, rotational fallow or grazed fallow”.
Requirements in relation to use for fallow
8
For regulation 7 of the principal Regulations there shall be substituted the following regulation:
7
1
A beneficiary whose undertaking takes effect on or after 1st October 1990 or who, in accordance with regulation 10, terminates part of the undertakings given by him shall observe in relation to any land which he has undertaken to set aside for permanent fallow or rotational fallow the requirements set out in paragraphs 1(a), 2, 3, 4(a) and 5 to 14 of Schedule 2.
2
A beneficiary whose undertaking takes effect before 1st October 1990 may elect before 1st October 1990 to observe in relation to any land which he has undertaken to set aside for permanent fallow or rotational fallow the requirements set out in paragraphs 1(a), 2, 3, 4(a) and 5 to 14 of Schedule 2 but shall, if he does not so elect, observe in relation to that land the requirements set out in paragraphs 1(b), 2, 3, 4(b), 5 to 12, 13 in so far as it relates to the features listed in sub-paragraphs (a) and (b), and 14 of Schedule 2.
3
Where any set-aside land is used for rotational fallow, the beneficiary shall, before 1st October in each year of the set-aside period, notify the appropriate Minister of the location of the area of set-aside land to be used for that purpose in that year.
4
Where a beneficiary has undertaken to use any set-aside land for rotational fallow, and provided that he observes the requirements set out in paragraphs 1(a), 2, 3, 4(a) and 5 to 14 of Schedule 2–
a
subject to sub-paragraph (b), he may in any year alter the area of the land which he undertook to set aside for rotational fallow if the amount by which he increases or reduces that area does not:
i
exceed 10 per cent of the area of land which he undertook to set aside for rotational fallow, or
ii
reduce the area of set-aside land below 20 per cent of the relevant arable land on the holding in the reference period or increase the said area above that which is equal in size to such relevant arable land; and
b
he may only reduce the area of the land which he undertook to set aside for rotational fallow if he has in any previous year increased the area of land which he undertook to set aside for rotational fallow by at least that same amount.
5
Where any set-aside land is used for grazed fallow, the beneficiary shall observe in relation to that land the requirements set out in Schedule 3.
.
Grazed fallow
9
After regulation 7 of the principal Regulations there shall be inserted the following regulation:
7A
1
Subject to paragraph (4) below, where a beneficiary uses set-aside land for grazed fallow he shall not allow the number of livestock units on his holding to exceed the maximum number of livestock units in the reference period on the holding of which the set-aside land formed part.
2
Subject to paragraph (4) below, where livestock were not kept in the reference period on the holding of which the set-aside land formed part, the beneficiary shall only use the fallow land on that set-aside land for grazed fallow for deer or goats, and he shall not allow the number of livestock units on his holding to exceed the number of livestock units representing one livestock unit per hectare of the forage area of his holding.
3
Subject to paragraph (4) below, except where the beneficiary’s holding is identical to that of which the set-aside land referred to in paragraph (1) above formed part, where that holding comprises a greater or lesser forage area than the forage area of the holding referred to in that paragraph, for the purposes of paragraph (1) above, the maximum number of livestock units in the reference period on the holding of which the set-aside land formed part shall be deemed to bear the same proportion to the total number of livestock units on that holding in the reference period as the forage area of the beneficiary’s holding at the time he gives his undertaking to set aside land for grazed fallow bears to the forage area in the reference period of the holding of which the set-aside land formed part.
4
Where a beneficiary enlarges his holding by the acquisition of arable land or temporary grassland which was arable land in the reference period, and
a
i
already uses for grazed fallow set-aside land forming part or all of a holding on which livestock were kept in the reference period; and
ii
undertakes to set aside an area of that acquired land for grazed fallow, where such land forms part or all of a holding on which no livestock were kept in the reference period; or
b
i
already uses for grazed fallow set-aside land forming part or all of a holding on which no livestock were kept in the reference period; and
ii
undertakes to set aside an area of that acquired land for grazed fallow, where such land forms part or all of a holding on which livestock were kept in the reference period,
if he uses his holding for the grazing of only deer or goats, he shall not allow to be grazed on that holding more than the sum of:
i
the number of livestock units in the reference period on the holding of which the set-aside land formed part; and
ii
the number of livestock units representing one livestock unit per hectare of the forage area of the acquired land; but
if he uses his holding for the grazing of livestock (other than exclusively deer or goats), he shall not allow to be grazed on that holding more than the number of livestock units in the reference period on the land forming part or all of the holding on which livestock were kept in the reference period.
5
For the purposes of this regulation–
a
“his holding” means all the land occupied by the beneficiary as a unit at the time he gave his undertaking to set aside land for grazed fallow, together with any land subsequently acquired by him; and
b
the equivalent in livestock units of an animal of the type described in the first column of Schedule 4 shall be the number specified in the second column of that Schedule.
.
Requirements in relation to use for woodland
10
For paragraph (1) of regulation 8 there shall be substituted the following paragraph:
1
Where a beneficiary has undertaken to use any set-aside land for woodland, that beneficiary shall, until planting commences, undertake to use that set-aside land for permanent fallow and shall observe in relation to it the relevant requirements set out in Schedule 2.
.
Requirements in relation to use for non-agricultural purposes
11
For paragraph (1) of regulation 9 there shall be substituted the following paragraph:
1
Where a beneficiary has undertaken to use any set-aside land for non-agricultural purposes, that beneficiary shall, until the conversion of that land to use for non-agricultural purposes commences, undertake to use that set-aside land for permanent fallow and shall observe in relation to it the relevant requirements set out in Schedule 2.
.
Termination of undertakings
12
In regulation 10 of the principal Regulations–
a
in paragraph (1) after the word “all” there shall be inserted the words “or part of”;
b
at the end of paragraph (1) there shall be inserted the words “and provided that, if he terminates those undertakings in relation to only part of that land, he does not thereby reduce the area of land set aside below 20 per cent of the relevant arable land on the holding in the reference period”; and
c
in paragraph (4) after the words “paragraph (1) above” there shall be inserted the words “or has been notified that his undertakings are treated as terminated by the appropriate Minister under the provisions of regulation 16(3A)”.
Change of use of set-aside land
13
In regulation 11 of the principal Regulations–
a
in paragraph (1) for the words “to one or more of the other uses mentioned in regulation 3(1)(b)(ii)–(iv)” there shall be substituted the words “if he undertakes to put that land to one of the other uses specified in regulation 3(1)(b)(ii)–(vi) or a combination of the uses specified in (ii), (iv) and (v)”;
b
in paragraph (2), before the word “Minister” where it appears the first time there shall be inserted the word “appropriate”;
c
after paragraph (2) there shall be inserted the following paragraph:
2A
Subject to regulation 13(2)(b), (3)(b) and (4)(b) where, on or after 1st October 1990, a beneficiary changes the use of set-aside land in any year he shall receive payment at the rate payable in respect of the use made by him of that land in that year which attracts the lowest rate of payment as set out in the table in regulation 13.
;
d
paragraph (3) shall be omitted;
e
for paragraph (4) there shall be substituted the following paragraph:
4
Except where a beneficiary receives the rate for permanent fallow in accordance with the provisions of regulation 13(2), (3) or (4), where he changes the use of any set-aside land from use for permanent fallow to any other use, the appropriate Minister shall recover or withhold from that beneficiary the difference between any payments made or due to him under these Regulations on the basis of the use of that land for permanent fallow and payments made or due to him on the basis of the use of that land for rotational fallow.
; and
f
in paragraph (5) for the words “or rotational fallow” there shall be substituted “fallow, rotational fallow or grazed fallow”.
Change of occupation
14
In paragraph (7) of regulation 12 of the principal Regulations–
a
in sub-paragraph (a) the word “or” where it appears the second time shall be omitted; and
b
in sub-paragraph (b) omit the full stop and insert “; or”.
c
after sub-paragraph (b) there shall be inserted the following sub-paragraphs:
c
in England and Wales, the termination of a tenancy following the operation of a notice to quit to which the Agricultural Land Tribunal has consented under section 26(1) of the Agricultural Holdings Act 1986 having been satisfied as to any of the matters specified in section 27(3) of that Act, or the termination of a tenancy following the service of a notice to quit stating that the circumstances in Case A, B, G or H of Schedule 3 to that Act apply; or
d
in Scotland, the termination of a tenancy following the operation of a notice to quit to which the Scottish Land Court has consented under section 25(1) of the Agricultural Holdings (Scotland) Act 1949 , having been satisfied as to any of the matters referred to in section 26(1)(b) to (e) of that Act, or the termination of a tenancy following service of a notice to quit to which section 25(2)(c) of that Act applies.
.
Amounts and payment of aid
15
In regulation 13 of the principal Regulations–
a
for the table there shall be substituted the table in Schedule 1 to these Regulations;
b
after paragraph (1) there shall be inserted the following paragraph:
1A
Where the set-aside land has been used for both permanent fallow and rotational fallow, in calculating for the purposes of paragraphs 1 and 2 of the table referred to in paragraph (1) at which rate per hectare payments should be made, the number of hectares of set-aside land used for rotational fallow shall be counted before counting the number of hectares used for permanent fallow.
;
c
in sub-paragraph (b) of paragraphs (2), (3) and (4) after the words “the rate for permanent fallow” there shall be inserted in each case:
, having regard to regulation 7(1) and (2),
.
Obligation to permit entry and inspection
16
In regulation 15 of the principal Regulations–
a
in paragraph (1)(a) for “7(2)” there shall be substituted “7(3)”; and
b
in paragraph (2)(b) for “7(2)” there shall be substituted “7(3)”.
Withholding and recovery of aid
17
In regulation 16 of the principal Regulations–
a
in paragraph 2(b) for “7(2)” there shall be substituted “7(3)”; and
b
after paragraph (3) there shall be inserted the following paragraph:
3A
In addition to withholding or recovering aid under paragraphs (1), (2) or (3) the Minister may treat as terminated all the undertakings given by the beneficiary under these Regulations.
.
Amendment of Schedules
18
In the reference note to Schedule 2 to the principal Regulations after “Regulation 7(1)” there shall be inserted “and (2)”.
19
In Schedule 2 to the principal Regulations:
a
in the heading, for the words “set-aside land” there shall be substituted “permanent fallow or rotational fallow”;
b
for paragraph 1 there shall be substituted the following paragraph:
1
a
The beneficiary shall sow a plant cover immediately after the commencement of the set-aside period unless the crop or plant cover on the land immediately prior to the commencement of the set-aside period consisted of one or more of the following: common wheat, durum wheat, rye, barley, oats, buckwheat, millet, canary seed, triticale, lucerne/alfalfa, sainfoin, clover, vetches, grass (whether for grazing or for herbage seed), mustard. If the beneficiary is prevented from establishing a plant cover by exceptional weather conditions, he shall do so as soon as practicable; or
b
the beneficiary shall establish a plant cover immediately after the commencement of the set-aside period. If the crop planted in the year prior to the commencement of the set-aside period has not yet been harvested, the plant cover shall be established immediately after the harvest. If the beneficiary is prevented from establishing a plant cover by exceptional weather conditions, he shall do so as soon as practicable. The establishment of a plant cover may take the form of the regeneration of naturally-occurring vegetation.
.
c
in paragraph 3(b) after the word “re-established” there shall be inserted the words “by sowing a plant cover”;
d
in paragraph 3(c) after the word “established” there shall be inserted the words “by sowing a plant cover”;
e
for paragraph 4 there shall be substituted the following paragraph:
4
a
The beneficiary shall cut the plant cover at least twice in every year, such cuts to be taken at intervals of at least 1 month and one such cut to be taken in the period between 30th June and 1st September; or
b
the beneficiary shall cut the plant cover at least once in every year; and shall not in either case sell cuttings or use them for feeding livestock.
; and
f
in paragraph 13:
i
in sub-paragraph (a) the word “and” shall be omitted where it appears the second time; and
ii
after sub-paragraph (b) there shall be added the following sub-paragraphs:
c
all existing unimproved grassland, moorland and heath; and
d
all existing vernacular buildings and stone walls,
.
20
After Schedule 2 to the principal Regulations there shall be inserted the provisions of Schedules 2 and 3 to these Regulations.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 17th August 1990.
Trumpington
Minister of State, Ministry of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
21st August 1990


text:
Citation commencement and interpretation
1
1
This Order may be cited as the Gas and Electricity Industries (Rateable Values) (Amendment) Order 1990 and shall come into force on 1st April 1990.
2
In this Order, any reference to a company by name is to the company bearing that name at the date of the Central Rating Lists (Amendment) Regulations 1990 .
British Gas plc: hereditaments in Wales
2
Article 9(b) of the British Gas plc (Rateable Values) Order 1989 shall be amended by the substitution of the factor C for the factor U in the first place in which it occurs in formula 2.
Electricity supply industry
3
1
The Schedule to the Electricity Supply Industry (Rateable Values) Order 1989 shall be amended as provided in the Schedule to this Order.
2
Article 13 of that Order shall be amended as follows:
a
in paragraph (1), after “the Schedule” there shall be inserted “except those mentioned in paragraph (1A)”; and
b
there shall be inserted after paragraph (1) —
1A
In relation to electricity hereditaments —
i
in England and
ii
in Wales
occupied by Nuclear Electric plc, the recalculation factor in respect of any relevant year shall be the figure produced by calculating in relation to each class of hereditaments in accordance with the formula —
£18,100 (D − d)
where D and d have the meanings attributed by paragraph (1).
.
Electricity generators
4
1
The Electricity Generators (Rateable Values) Order 1989 [Footnote e] shall be amended as provided in this article.
2
For article 3(2) there shall be substituted:
2
The conditions mentioned in paragraph (1) are that —
a
the hereditament is used or available for use for the purposes of generating electricity, where —
i
such use is its sole or primary function; or
ii
it is so used or available in connection with a scheme for the production for sale of both electrical power and heat; or
iii
its primary source of energy is the burning of refuse; and
b
the generating plant —
i
uses wind, tidal or water power as its primary source of energy; or
ii
if its primary source of energy is the burning of refuse, has a declared net capacity of 25 megawatts or more; or
iii
has a declared net capacity of 500 kilowatts or more.
.
3
In article 4(1), after “wind” there shall be inserted “or tidal” .
Chris Patten
Secretary of State for the Environment
30th March 1990
Peter Walker
Secretary of State for Wales
30th March 1990


text:
Title and commencement
1
This Scheme may be cited as the Plant Breeders' Rights (Oil and Fibre Plants) (Variation) Scheme 1990 and shall come into force on 28th August 1990.
Variation of the principal Scheme
2
The Plant Breeders' Rights (Oil and Fibre Plants) Scheme 1980 shall be varied as follows:
a
at the end of paragraph 5 there shall be added the following sub-paragraphs —
iv
in relation to plant varieties of borage of all plant varieties of the species specified in Part IV of Schedule 2 to this Scheme;
v
in relation to plant varieties of coriander of all plant varieties of the species specified in Part V of Schedule 2 to this Scheme;
vi
in relation to plant varieties of sunflower of all plant varieties of the species specified in Part VI of Schedule 2 to this Scheme.
;
b
at the end of Schedule 1 there shall be added the following items —
Column 1 Column 2 Name Common Name Period of years for which rights are exercisable
Borago Officinalis L. Borage 20 Brassica rapa L. var silvestris (Lam.) Briggs Turnip rape 20 Coriandrum sativum (L) Coriander 20 Helianthus annus L. Sunflower 20
c
in Schedule 2 —
a
in Part III, for the item relating to Brassica rapa L. (Partim) there shall be substituted the following item —
NAME COMMON NAME
Brassica rapa L. var silvestris (Lam.) Briggs Turnip rape
b
at the end there shall be added the following —
PART IV
BORAGE
NAME COMMON NAME
Borago Officinalis L. Borage
PART V
CORIANDER
NAME COMMON NAME
Coriandrum sativum (L) Coriander
PART VI
SUNFLOWER
NAME COMMON NAME
Helianthus annus L. Sunflower
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 23rd July 1990.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
23rd July 1990
David Hunt
Secretary of State for Wales
20th July 1990
Peter Brooke
Secretary of State for Northern Ireland
30th July 1990
David Waddington
Secretary of State for the Home
Department(being the Secretary of State concerned with matters relating to the Isle of Man)
Home Office
27thJuly 1990


text:
Citation and commencement
1
These Regulations may be cited as the River Spey Salmon Fishery District (Baits and Lures) Regulations 1990 and shall come into force on 4th June 1990.
Specification of baits and lures and areas of application
2
Natural prawns and shrimps (whether fresh or preserved, dyed or natural colour) and any part thereof are, in relation to the River Spey salmon fishery district, specified for the purposes of the definition of “rod and line” in section 24(1) of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 .
T.J. Kelly
Assistant Secretary, Scottish Office
Department of Agriculture and Fisheries for Scotland,
Pentland House,
Edinburgh
15th May 1990


text:
Title and commencement
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Lead in Cattle) (England) (Revocation) Order 1990 and shall come into force on 5th October 1990.
Revocation
2
The Food Protection (Emergency Prohibitions) (Lead in Cattle) (England) Order 1990 is hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 4th October 1990.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food


text:
1
These Regulations may be cited as the Returning Officers' Expenses Regulations 1990 and shall come into force on 21st March 1990.
2
The maximum charges to which a returning officer at a parliamentary election in England, Wales and Scotland shall be entitled are:–
a
in respect of services rendered by him, the amounts specified in Part A of the Schedule to these Regulations; and
b
in respect of expenses incurred by him, the amounts specified in Part B of the said Schedule.
3
The Returning Officers' Expenses Regulations 1987 and the Returning Officers' Expenses (Amendment) Regulations 1989 are hereby revoked.
David Lightbown
John Taylor
Two of the Lords Commissioners of Her Majesty’s Treasury
19th March 1990


text:
Citation and commencement
1
These Regulations may be cited as the River Nairn Salmon Fishery District (Baits and Lures) Regulations 1990 and shall come into force on 12th November 1990.
Specification of baits and lures and area of application
2
Natural prawns and shrimps (whether fresh or preserved, dyed or natural colour) and any part thereof are, in relation to the River Nairn salmon fishery district, specified for the purposes of the definition of “rod and line” in section 24(1) of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 .
T.J. Kelly
Assistant Secretary, Scottish Office
Department of Agriculture and Fisheries for Scotland,
Pentland House,
Edinburgh
31st October 1990


text:
1
This Order may be cited as the Public Telecommunication System Designation (Fenland Cablevision Limited) Order 1990 and shall come into force on 9th January 1991.
2
Each of the Applicable Cabled Systems is hereby designated as a public telecommunication system.
John Redwood
Minister of State
Department of Trade and Industry
6th December 1990


text:
1
These Regulations may be cited as the Merchant Shipping (Fees) (Amendment) Regulations 1990 and shall come into force on 11th July 1990.
2
The Merchant Shipping (Fees) Regulations 1990 are hereby amended as follows:
a
in Part II of the Schedule, in the Table, by substituting in column 1 “975” for “1000”;
b
in Part II of the Schedule, in paragraph 4(7), by substituting “not exceeding £42” for “of £37”.
Signed by authority of the Secretary of State for Transport
Patrick McLoughlin
Parliamentary Under Secretary of State,
Department of Transport
11th June 1990
We approve the making of these Regulations,
Thomas Sackville
John Taylor
Two of the Lords Commissioners of Her Majesty’s Treasury
13th June 1990


text:
Title, extent and commencement
1
This Order may be cited as the Plant Health (Great Britain) (Amendment) Order 1990, shall apply to Great Britain and shall come into force on 14th September 1990.
Amendment of the Plant Health (Great Britain) Order 1987
2
The Plant Health (Great Britain) Order 1987 shall be amended as follows —
1
in Part IA of Schedule 1 Item 13 ( Phthorimaea operculella (Zeller)) shall be omitted;
2
In Part IIA of Schedule 1 after Item 10 there shall be inserted the following Item —
11
Phthorimaea operculella (Zeller) — Potato Tuber Moth
Tubers of Potato ( Solanum tuberosum L.)
;
3
in Part IIC of Schedule 1 after Item 15 there shall be inserted the following Item —
16
Colletotrichum acutatum Simmonds — Strawberry Black Spot
Plants of Strawberry ( Fragaria L.) other than fruit and seeds
;
4
in Part IIC of Schedule 3 in column 3 of Item 27 —
a
in paragraph (1) after sub-paragraph (i) there shall be inserted the following sub-paragraph —
iA
Strawberry Black Spot ( Colletotrichum acutatum Simmonds);
;
b
in paragraph (5) the following words shall be omitted —
9 “it shall be free from Strawberry Black Spot ( Colletotrichum acutatum Simmonds) and”.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
Trumpington
Minister of State, Ministry of Agriculture, Fisheries and Food
22nd August 1990.
Sanderson of Bowden
Minister of State, Scottish Office
23rd August 1990
David Hunt
Secretary of State for Wales
21st August 1990


text:
Citation and commencement
1
These Regulations may be cited as the Goods Vehicles (Community Cabotage Authorisations) (Fees) Regulations 1990 and shall come into force on 1st July 1990.
Fees
2
1
The fee payable on the issue of a Community cabotage authorisation shall be £5.00.
2
In paragraph (1) above “Community cabotage authorisation” means an authorisation granted pursuant to Council Regulation ( EEC ) No. 4059/89 of 21st December 1989 laying down conditions under which non-resident carriers may operate national road haulage services within a Member State .
Signed by authority of the Secretary of State for Transport.
Robert Atkins
Parliamentary Under Secretary of State,
Department of Transport
6th June 1990
We consent to the making of these Regulations.
John Taylor
Thomas Sackville
Two of the Lords Commissioners of Her Majesty’s Treasury
6th June 1990


text:
Citation and commencement
1
These Regulations may be cited as the Detention of Food (Prescribed Forms) Regulations 1990 and shall come into force on 10th January 1991.
Forms prescribed for certain purposes
2
The form of a document used for the purposes of the Food Safety Act 1990 and referred to in a numbered paragraph in the table of contents in Part I of the Schedule to these Regulations is hereby prescribed as being that set out in the correspondingly numbered form in Part II of that Schedule.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed this 19th day of December 1990.
Trumpington
Minister of State, Ministry of Agriculture, Fisheries and Food
William Waldegrave
Secretary of State for Health
19th December 1990
David Hunt
Secretary of State for Wales
19th December 1990
Ian Lang
Secretary of State for Scotland
19th December 1990