text:
1
These Regulations may be cited as the Motor Vehicles (Driving Licences) (Large Goods and Passenger-Carrying Vehicles) (Amendment) (No. 3) Regulations 1991 and shall come into force on 5th August 1991.
2
1
The Motor Vehicles (Driving Licences) (Large Goods and Passenger-Carrying Vehicles) Regulations 1990 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 19 (Persons who may conduct tests) —
a
for sub-paragraph (e) of paragraph (1) there shall be substituted the following sub-paragraph —
e
in the case of tests of competence to drive passenger-carrying vehicles, by an examiner —
i
who is, or is employed by, the holder of a PSV operator’s licence, and
ii
who is authorised by the Secretary of State to conduct tests of persons employed or proposed to be employed in the course of the business conducted by virtue of that licence.
;
b
paragraph (3) shall be deleted.
Signed by authority of the Secretary of State for Transport
Christopher Chope
Parliamentary Under Secretary of State,
Department of Transport
8th July 1991


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
1
This Order may be cited as the Yorkshire Dales Light Railway Order1991 and shall come into force on 25th April 1991.
2
The Yorkshire Dales Light Railway Orders 1979 to 1987 and this Ordermay be cited together as the Yorkshire Dales Light Railway Orders 1979to 1991.
Interpretation
2
In this Order, unless the context otherwise requires, the followingexpressions have the meanings hereby respectively assigned tothem —
“the Act of 1845 ” means the Railways Clauses Consolidation Act 1845 ;
“ the Board ” means the British Railways Board;
“the former railway” means the railway or former railway of the Board described in theSchedule to this Order together with all lands and works relatingthereto;
“ the Company ” means the Yorkshire Dales Railway Museum Trust (Holdings) Limitedincorporated under the Companies Act 1948 and having its registeredoffice at Albion House, Rope Walk, Otley Street, Skipton, NorthYorkshire;
“the Order of 1987 ” means the Yorkshire Dales Light Railway Order 1987( );
“the principal Act ” means the Light Railways Act 1896; and
“the railway” means the railway authorised to be constructed, made and maintainedpursuant to article 5 of this Order together with all lands and worksrelating thereto and, where any part of the said railway and worksremains uncompleted, includes the site of that part.
Incorporation and modification of enactments
3
1
The following provisions of the Act of 1845, so far as the same areapplicable for the purposes and are not inconsistent with, or varied by,the provisions of this Order, are incorporated with, and form part of,this Order: —
Section 16 (works to be executed);
Section 61 (Company to make sufficient approaches and fences to such highways crossing on the level);
Section 68 (maintenance of gates, bridges, fences, drains, watering places);
Section 75 (penalty on persons omitting to fasten gates); and
Sections 77 to 85 (provisions with respect to mines lying under or near the railway).
2
Notwithstanding the provisions or subsection (1) of section 12 ofthe principal Act, the following provisions shall apply to therailway: —
Regulation of Railways Act 1868 —
Section 22 (means of communication between passengers and railway servants);
Regulation of Railways Act 1889 —
Section 1 (power to order certain provisions to be made for public safety); and
Section 5 (penalty for avoiding payment of fare).
3
In its application to the railway, section 22 of the Regulations ofRailways Act 1868 shall have effect as if the words“and travels more than twenty miles without stopping” were omitted therefrom.
Disapplication of provisions
4
Section 6 (For protection of the Duke of Devonshire) of the MidlandRailway (Additional Powers) Act 1883 shall not apply to the railway or to the former railway.
Power to make railway
5
The Company may on the line and to the extent of the former railwayconstruct, make and maintain a railway with all the necessary works andconveniences connected therewith and work the same as a light railwayunder the principal Act and in accordance with the provisions of thisOrder.
Transfer of rights, etc from Board
6
1
Except as may be otherwise provided in this Order, the railway orany part thereof shall be subject to all statutory and other provisionsapplicable to the former railway (insofar as the same are stillsubsisting and capable of taking effect) and the Company shall to theexclusion of the Board be entitled to the benefit of and to exercise allrights, powers and privileges and be subject to all obligationsstatutory or otherwise relating to the former railway (insofar as thesame are still subsisting and capable of taking effect) to the intentthat the Board shall be released from all such obligations.
2
Paragraph (1) of this article shall have effect in relation to anypart of the former railway as from the date upon which such part istransferred to and vested in the Company by agreement.
As to levels and formation of railway
7
The railway shall be laid on the same levels as, and within theexisting formation of, the former railway with the exception of thesection between the occupation bridge No.30 and the termination of therailway, where the railway shall be laid within the existing formationbut at a maximum level of 60 centimetres above the former railway.
Gauge of railway and motive power
8
The railway shall be constructed and operated on a nominal gauge of1.435 metres (4 feet 8½ inches) and the motive power shall be steam,diesel-electric, diesel, internal combustion, electric-battery or suchother motive power as the Secretary of State may approve:
Provided that nothing in this Order shall authorise the Company touse electrical power as motive power on the railway unless such power isobtained from storage batteries or from a source of generation entirelycontained in and carried along with the engines and carriages:
Provided also that, if electrical power is used as motive power on the railway, such electrical power shall not be used in such a manner as to cause or be likely to cause any interference with any telecommunicationsapparatus (as defined in Schedule 2 to the Telecommunications Act 1984 ) or with telecommunication by means of such apparatus.
Restrictions and conditions as to working of railway
9
1
The Company shall not use upon the railway any engine, carriage ortruck bringing any weight upon the rails by any one pair of wheelsexceeding such weight as the Secretary of State may allow.
2
The Company shall not run any train or engine upon any part of therailway at a rate of speed exceeding at any time that fixed by theSecretary of State for such part.
3
No part of the railway shall be used for the conveyance ofpassengers without the prior written permission of the Secretary ofState and the Company shall comply with the conditions (if any) whichthe Secretary of State may from time to time prescribe for the safety ofthe public using the railway.
4
If the Company contravene any of the provisions of this article,they shall be liable on summary conviction to a fine not exceeding level2 on the standard scale.
Public Liability insurance
10
1
In this article —
“insurer” means any insurer or insurers authorised under the InsuranceCompanies Act 1982 to carry on in the United Kingdom insurance businessof a relevant class or who has corresponding permission under the law ofanother member state of the European Economic Community;
“policy” means a public liability policy with an insurer providing maximumcover in respect of any one accident on or occasioned by the operationof the railway of not less than £1 million.
2
a
The Company shall not work the railway unless there is inforce a policy in accordance with the provisions of this article.
b
If the Company contravene the provisions of this article they shallbe liable on summary conviction to a fine not exceeding the statutorymaximum or, on conviction on indictment, to a fine.
3
The adequacy of the cover provided by a policy maintained inaccordance with this article shall be regularly reviewed by the Company.
For protection of Trustees of Chatsworth Settlement
11
1
Article 12 (For protection of Trustees of Chatsworth Settlement) ofthe Order of 1987 shall apply to the railway as it applies to therailway authorised by and defined in that Order.
2
The provisions of the said article 12, as so applied, shall haveeffect as if for references to the date of the coming into operation ofthe Order of 1987 there were substituted references to the date of thecoming into force of this Order.
For protection of sewerage undertakers
12
For the protection of sewerage undertakers (in this article referredto as“the undertakers”) the following provisions shall, unless otherwise agreed in writingbetween the Company and the undertaker concerned, apply and haveeffect: —
1
In this article,“relevant pipe” in relation to an undertaker has the meaning given in paragraph 1of Schedule 19 to the Water Act 1989 .
2
Nothing in section 18 of the Act of 1845 in its application to therailway shall authorise the Company to raise, sink or otherwise alterthe position of, or in any way to interfere with, any relevant pipewithout the consent in writing of the undertaker concerned, such consentnot to be unreasonably withheld.
3
Subject to paragraph below, where any relevant pipe is situated inor under any land owned or held for the purposes of the railway theCompany shall at their own expense maintain all culverts over suchrelevant pipe which are in existence at the coming into force of thisOrder so as to leave the relevant pipe accessible for the purposes ofrepairs.
4
Nothing in paragraph (3) above shall have the effect of requiringthe Company to carry out works of maintenance in respect of any culvertwhich the undertakers or any other person are liable to maintain.
5
The Company shall afford reasonable facilities to the undertakersfor the execution and doing of all such works and things as may bereasonably necessary to enable them to inspect, repair, maintain, renew,replace, remove, alter or use any relevant pipe.
6
The Company shall compensate the undertakers: —
a
for any damage done or disturbance caused to any relevant pipe; and
b
for any other expenses, loss, damage, penalty or costs incurred bythe undertakers,
by reason or in consequence of the execution, maintenance, user or failure of any of the works authorised by this Order or otherwise by reason or in consequence of the exercise by the Company of the powers of this Order;
Provided that nothing in this paragraph shall entitle the undertakers to any payment in respect of damage attributable to the neglect or default of the undertakers, their servants or agents.
7
Nothing in this Order shall prejudice or affect the provisions ofany enactment or agreement regulating the relations between the Companyand the undertakers with regard to any relevant pipe laid or erected inthe railway at the date upon which this Order comes into force.
8
Subject to paragraph (7) above the provisions of the Act of 1845applied by this Order shall be subject to the provisions of thisarticle.
9
Any difference arising between the Company and the undertakers underthis article shall be referred to and settled by arbitration.
Arbitration
13
Where under any provision of this Order any difference is to bereferred to or settled by arbitration, then such difference shall bereferred to and settled by a single arbitrator to be agreed between theparties or, failing agreement, to be appointed on the application ofeither party (after notice in writing to the other) by the President ofthe Institution of Civil Engineers.
Signed by authority of the Secretary of State for Transport
J. R. Coates
An Under Secretary in the
Department of Transport
24th April 1991


text:
1
These Regulations may be cited as the Merchant Shipping (Fees) (Amendment) Regulations 1991 and shall come into force on 1st July 1991.
2
The Merchant Shipping (Fees) Regulations 1991 shall be amended as follows —
a
by adding to regulation 2(1) the following definition (before the definition of “tons”): ““ Radio Rules ” means the Merchant Shipping (Radio Installations) Regulations 1980 , the Merchant Shipping (Navigational Equipment) Regulation 1984 , the Merchant Shipping (Radio Installations Survey) Regulations 1981 and the Merchant Shipping (Radio) (Fishing Vessels) Rules 1974 ;”
b
by adding to regulation 4(1) the following paragraph “(g) where the amount of work chargeable for is not an exact hour, the time shall be rounded up to the nearest half hour; or in the case of fees payable to British Telecommunications plc for services in connection with the Radio Rules up to the nearest quarter hour”;
c
by adding to the end of regulation 5(2) “except in the case of the issue of a certificate issued pursuant to the Radio Rules where the survey for the purpose of such certificate was performed abroad by a locally appointed surveyor. In such case the work involved in the issue of the certificate shall be charged for separately at the hourly rate of £44”;
d
by numbering the existing paragraph 2 of Part I of the Schedule “(1)”, by deleting sub-paragraph (1)(d), and adding the following sub-paragraph —
2
a
In the case of the Radio Rules, the fees for any services performed by British Telecommunications plc pursuant to the Merchant Shipping (Radio and Radio-Navigational Equipment Survey) Regulations 1991 and the Fishing Vessels (Safety Provisions) (Amendment) Rules 1991 shall be charged as follows —
i
in respect of the time occupied by the survey (subject to regulation 4 above and to any additional charge payable under Part XI below) in travelling, conducting the survey and completing a report of the survey, at an hourly rate of £44, and
ii
in respect of all administrative (and other) work involved, at an amount of £72 for fishing vessels, and £88 for other ships.
b
Subject to the above, and to any additional charge payable under Part XI, the hourly rate for any services performed in connection with the Radio Rules shall be £37.
;
e
by adding to paragraph 4 of Part I of the Schedule the following sub-paragraph —
5
In the case of any service performed by British Telecommunications plc pursuant to the Merchant Shipping (Radio and Radio-Navigational Equipment Survey) Regulations 1991 or the Fishing Vessels (Safety Provisions) (Amendment) Rules 1991, sub-paragraph (3) shall apply as if the reference to the Secretary of State was a reference to British Telecommunications plc.
;
f
by substituting in Part II of the Schedule, in the Table in paragraph 3, “£660” for “£610” in the column headed “Fee”.
g
by substituting in Part XI of the Schedule in the column headed “Radio surveys £ per hour or part thereof” in the Table, “44”, “88”, “44”, “22”, “44” respectively for “55”, “110”, “55”, “27.50”, “55” respectively.
Signed by authority of the Secretary of State
Patrick McLoughlin
Parliamentary Under-Secretary of State,
Department of Transport
11th June 1991
We consent to and approve the making of these Regulations.
Thomas Sackville
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
13th June 1991


text:
Citation and commencement
1
This Order may be cited as the Upper Spey and Associated Waters Protection (Renewal) Order 1991 and shall come into force on 15th March 1991.
Interpretation
2
In this Order —
“the 1982 Order ” means the Upper Spey and Associated Waters Protection Order 1982 ; and
“the 1988 Order ” means the Upper Spey and Associated Waters Protection (Renewal) Order 1988 .
Renewal of Order
3
The 1988 Order is hereby renewed.
Prohibition
4
During the period from 15th March 1991 to 6th October 1991, both dates inclusive, fishing for or taking freshwater fish in the inland waters in the area prescribed in article 4 of the 1982 Order, without legal right or without written permission from a person having such a right, is hereby prohibited.
T.J. Kelly
Assistant Secretary, The Scottish Office
The Scottish Office Agriculture and Fisheries Department Pentland House,
Edinburgh
5th February 1991


text:
1
This Order may be cited as the Capital Gains Tax (Gilt-edged Securities) Order 1991.
2
The following securities are hereby specified for the purposes of Schedule 2 to the Capital Gains Tax Act 1979 —
10% Conversion Stock 1996 “A”
10% Conversion Stock 1996 “B”
12% Exchequer Stock 1998 “B”
9% Conversion Stock 2000 “B”
13% Treasury Stock 2000 “A”
10% Treasury Stock 2001 “A”
10% Treasury Stock 2001 “B”
9¾% Treasury Stock 2002 “A”
9¾% Treasury Stock 2002 “B”
10% Treasury Stock 2003 “A”
9½% Conversion Stock 2004 “A”
9% Treasury Loan 2008 “B”
9% Treasury Loan 2008 “C”
9% Conversion Loan 2011 “A”
Thomas Sackville
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
27th November 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Oldham National Health Service Trust (Establishment) Order 1991 and shall come into force on 1st November 1991.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of or Schedule 1 to the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 1st November 1991;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Oldham National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Oldham National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be
a
to own and manage hospital accommodation and services provided at District Headquarters, Westhulme Avenue, Oldham, OL1 2PN;
b
to manage community health services provided from District Headquarters, Westhulme Avenue, Oldham, OL1 2PN and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1992.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Oldham 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 Oldham 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 Oldham Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Stephen Dorrell
Parliamentary Under Secretary of State,
Department of Health
21st October 1991


text:
1
1
This Order may be cited as the Returning Officers' Charges Order 1991 and shall come into force on 26th July 1991.
2
This Order extends to Great Britain only.
2
1
Services and expenses of a kind set out in the Schedule to this Order are hereby specified for the purposes of paragraph (a) of section 29(3) of the Representation of the People Act 1983 (which provides that a returning officer is entitled to recover his charges in respect of services properly rendered, or expenses properly incurred, for or in connection with a parliamentary election if the services or expenses are of a kind so specified and the charges are reasonable).
2
Maximum recoverable amounts are hereby specified in the right-hand column of Parts A and B of the Schedule to this Order in respect of services or expenses of the descriptions specified opposite thereto in the left-hand column of those Parts.
Gregory Knight
Sydney Chapman
Two of the Lords Commissioners of Her Majesty’s Treasury
24th July 1991


text:
1
This Order may be cited as the Child Abduction and Custody (Partiesto Conventions) Order 1991.
2
The Child Abduction and Custody (Parties to Conventions) Order 1986 is amended by deleting Schedule 1 thereto and substituting therefor the following —
SCHEDULE 1
CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION, THE HAGUE, 25th OCTOBER 1980
Article 2
Contracting States to the Convention Territories specified in Declarations under Article 39 or 40 of the Convention Date of Coming into Force as between the United Kingdom and the State or Territory
The Argentine Republic — 1st June 1991 Australia Australian States and mainland Territories 1st January 1987 Austria — 1st October 1988 Belize — 1st October 1989 Canada Ontario 1st August 1986 New Brunswick 1st August 1986 British Columbia 1st August 1986 Manitoba 1st August 1986 Nova Scotia 1st August 1986 Newfoundland 1st August 1986 Prince Edward Island 1st August 1986 Quebec 1st August 1986 Yukon Territory 1st August 1986 Saskatchewan 1st November 1986 Alberta 1st February 1987 Northwest Territories 1st April 1988 The French Republic — 1st August 1986 The Federal Republic of Germany — 1st December 1990 The Hungarian People’s Republic — 1st September 1986 The Grand Duchy of Luxembourg — 1st January 1987 The Kingdom of the Netherlands — 1st September 1990 Norway — 1st April 1989 The Portuguese Republic — 1st August 1986 Spain — 1st September 1987 Sweden — 1st June 1989 The Swiss Confederation — 1st August 1986 The United States of America — 1st July 1988
G.I de Deney
Clerk of the Privy Council


text:
1
The new highway which the Secretary of State proposes to construct along the route described in the Schedule to this Order shall become a trunk road as from the date when this Order comes into force.
2
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk road that–
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which that route is opened for the purposes of through traffic.
4
In this Order:–
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the deposited plan” means the plan contained in the plan folio numbered HA10/2 WM 164 marked “The A435 Trunk Road (Norton–Lenchwick By pass) Order 1991” signed by authority of the Secretary of State and deposited at the De partment of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the new trunk road” means the highway mentioned in article 1 of this Order;
iii
“the trunk road” means the Bath–Lincoln Trunk Road (A435).
5
This Order shall come into force on 29th November 1991 and may be cited as the A435 Trunk Road (Norton–Lenchwick Bypass) Order 1991.
Signed by authority of theSecretary of State for Transport
D R Ritchie
Regional Director West Midlands Region
Department of Transport
4th November 1991


text:
1
1
This Order may be cited as the Environmental Protection Act 1990 (Commencement No. 5) Order 1991.
2
In this Order “ the Act ” means the Environmental Protection Act 1990.
2
Sections 86(2), (6) to (8), (11), (14) and (15), 88(5), (7), and (9)(b), 89(4), 90(1), (2) and (7), 94(1) and (2) and 96(2) and (3) of the Act, and section 162(1) of the Act in so far as it relates to paragraphs 10(3) and 15(3) to (5) of Schedule 15 to the Act, shall come into force on 14th January 1991.
3
The following provisions of the Act shall come into force, in relation to England and Wales only, on 13th February 1991 —
section 86(1), (4), (5), (9) and (13),
section 87(1), (2), (3)(a) to (e) and (4) to (6),
section 88(1) to (4), (6), (8), (9)(a) and (c) to (e) and (10), and
section 98(1), (2), (5) and (6).
Michael Heseltine
One of Her Majesty’s Principal Secretaries of State
13th January 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Weston Park Hospital National Health Service Trust (Establishment) Order 1991 and shall come into force on 1st November 1991.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 1st November 1991;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Weston Park Hospital National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called Weston Park Hospital National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
to own and manage hospital accommodation and services provided at Weston Park Hospital, Whitham Road, Sheffield, South Yorkshire SI0 2SJ including the management of its teaching and research facilities.
Directors of the trust
4
The trust shall have, in addition to the chairman 5 non-executive directors and 5 executive directors.
2
Since the trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 3(1)(d) of Schedule 2 to the Act one of the non-executive directors shall be appointed from The University of Sheffield.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1992.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Sheffield 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 Sheffield 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 Sheffield Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Stephen Dorrell
Parliamentary Under Secretary of State,
Department of Health
21st October 1991


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the State Scheme Premiums (Actuarial Tables) Amendment Regulations 1991 and shall come into force on 2nd April 1991.
2
In these Regulations “the principal Regulations ” means the State Scheme Premiums (Actuarial Tables) Regulations 1987 .
Amendment of regulation 1 of the principal Regulations
2
In regulation 1(2) of the principal Regulations (interpretation) —
a
for the definition of “25-year gross redemption yield” there shall be substituted the following definition —
“20-year gross redemption yield” means the gross redemption yield applicable to 20-year British Government Stocks with high coupons compiled by the Financial Times, the Institute of Actuaries and the Faculty of Actuaries;
;
b
for the definition of “25-year index number” there shall be substituted the following definition —
“20-year index number” means the number shown in the appropriate column in the table in Schedule 7 opposite the range of yields which includes the 20-year gross redemption yield;
.
Amendment of regulation 2 of the principal Regulations
3
In regulation 2 of the principal Regulations (prescribed classes of investment), for the words “25-year gross redemption yield” there shall be substituted the words “20-year gross redemption yield”.
Amendment of regulation 10 of the principal Regulations
4
In regulation 10 of the principal Regulations (market level indicators) —
a
in paragraph (2)(a)(ii) for the words “the 25-year index number” there shall be substituted the words “the 20-year index number”.
b
in paragraph (3) for the words “25-year index numbers” there shall be substituted the words “20-year index numbers”.
Substitution of a new Schedule for Schedule 7 to the principal Regulations
5
For Schedule 7 to the principal Regulations (table for deriving 25-year index number from 25-year gross redemption yield) there shall be substituted the Schedule set out in the Schedule to these Regulations.
Signed by authority of the Secretary of State for Social Security
Henley
Parliamentary Under-Secretary of State,
Department of Social Security
4th March 1991


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Optical Charges and Payments) (Miscellaneous Amendments) Regulations 1991 and shall come into force on 1st April 1991.
2
In these Regulations, “the principal Regulations ” means the National Health Service (Optical Charges and Payments) Regulations 1989 .
Amendment of regulation 1 of the principal Regulations
2
In regulation 1(2) of the principal Regulations (Interpretation) —
a
in the definition of “complex appliance” —
i
in sub-paragraph (b) for “lens;” there is substituted “lens, or”; and
ii
after sub-paragraph (b) there is added the following sub-paragraph: —
c
is a prism-controlled bifocal lens;
;
b
in the definition of “responsible authority” —
i
in sub-paragraph (b) after the words “health authority” there are inserted the words “or NHS trust” ; and
ii
after sub-paragraph (c) there is inserted the following sub-paragraph: —
d
in relation to a voucher issued pursuant to regulation 11 or completed pursuant to regulation 17 by an NHS trust, the District Health Authority in whose district the patient resides;
; and
c
in the definition of “voucher” in sub-paragraph (b) after the words “health authority” in each place where they occur there are inserted the words “or NHS trust”.
Amendment of regulation 2 of the principal Regulations
3
In regulation 2(2) of the principal Regulations (charges for glasses and contact lenses) after the words “health authority” there are inserted the words “or NHS trust”.
Amendment of regulation 8 of the principal Regulations
4
In regulation 8(5) of the principal Regulations (eligibility-supply of optical appliances) after the words “health authority” in both places where they occur there are inserted the words “or NHS trust”.
Amendment of regulation 11 of the principal Regulations
5
In regulation 11 of the principal Regulations (issue of vouchers by health authorities) after the words “health authority” in each place where they occur there are inserted the words “or NHS trust”.
Amendment of regulation 14 of the principal Regulations
6
In regulation 14(1) of the principal Regulations (payments to patients in health authority cases) after the words “health authority” there are inserted the words “or NHS trust”.
Amendment of regulation 20 of the principal Regulations
7
In regulation 20 of the principal Regulations (redemption value of voucher for replacement or repair) —
a
in paragraph (1)(b) for “£28.85” there is substituted “£32.15”; and
b
in paragraph (3) for “£7.70” there is substituted “£8.20”.
Amendment of Schedules to the principal Regulations
8
1
In Schedule 1 to the principal Regulations (voucher letter codes and face values-supply and replacement) in column 1 (type of optical applicance) —
a
in paragraph 3 —
i
in sub-paragraph (b) for the words “exceeding 10 dioptres” there are substituted the words “of 10 or more dioptres”; and
ii
in sub-paragraph (c) for the words “not exceeding 10 dioptres” there are substituted the words “of less than 10 dioptres”; and
b
in paragraph 6 —
i
for the words “prism segment bifocal lenses” there are substituted the words “prism-controlled bifocal lenses”;
ii
in sub-paragraph (b) for the words “exceeding 10 dioptres” there are substituted the words “of 10 or more dioptres”; and
iii
in sub-paragraph (c) for the words “not exceeding 10 dioptres” there are substituted the words “of less than 10 dioptres”; and
c
in paragraphs 7 and 8 after the words “health authority” there are inserted the words “or NHS trust”.
2
In Schedule 1 to the principal Regulations, in column 3 (face value of voucher) for each amount specified in column 1 of the Table below (old amount) there is substituted the amount specified in relation to it in column 2 of that Table (new amount).
Table
Column 1 Column 2 Old amount New amount
£18.00 £19.30 £28.75 £30.50 £47.00 £48.00 £34.75 £37.00 £59.75 £61.00 £100.00 (in both places where it appears) £102.00 £28.85 £32.15
3
In Schedule 2 to the principal Regulations (prisms, tints, photochromic lenses, small and special glasses and complex appliances) —
a
in paragraph 1(1)(a) (prism-single vision lens) for “£4.00” there is substituted “£4.10”;
b
in paragraph 1(1)(b) (prism-other lens) for “£5.00” there is substituted “£5.10”;
c
in paragraph 1(1)(c) (single vision tinted lens) for “£2.00” there is substituted “£2.05”;
d
in paragraph 1(1)(d) (other tinted lens) for “£2.50” there is substituted “£2.55”;
e
in paragraph 1(1)(e) (small glasses) —
i
in sub-head (i) for “£34.50” there is substituted “£35.20”,
ii
in sub-head (ii) for “£30.70” there is substituted “£31.30”, and
iii
in sub-bead (iii) for “£16.60” there is substituted “£16.90”;
f
in paragraph 1(1)(f) (photochromic lenses) —
i
after the words “health authority” there are inserted the words “or NHS trust”, and
ii
for “£2.00” there is substituted “£2.05” and for “£2.50” there is substituted “£2.55”;
g
in paragraph 1(1)(g) (specially manufactured frames) —
i
after the words “health authority” in each place where they occur there are inserted the words “or NHS trust”, and
ii
for “£34.50” there is substituted “£35.20”;
h
in paragraph 2(a) (minimum complex appliance payment-single vision lens) for “£3.50” there is substituted “£3.60”; and
i
in paragraph 2(b) (minimum conmplex appliance payment-other lenses) for “£18.75” there is substituted “£19.25”.
4
For Schedule 3 to the principal Regulations (voucher values-repair) there is substituted the Schedule 3 set out in the Schedule to these Regulations.
Amendment of the National Health Service (General Ophthalmic Services) Regulations 1986
9
In regulation 2(1) of the National Health Service (General Ophthalmic Services) Regulations 1986 in the definition of “complex appliance” —
a
in sub-paragraph (ii) for “lens;” there is substituted “lens, or”; and
b
after sub-paragraph (ii) there is added the following sub-paragraph: —
iii
is a prism-controlled bifocal lens;
.
Amendment of the National Health Service (Charges for Appliances) Regulations 1974
10
1
The National Health Service (Charges for Appliances) Regulations 1974 shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 5 (optical appliances) after the word “Authority” in each place where it occurs there are inserted the words “or NHS trust”.
3
In regulation 6 (investigations) —
a
in paragraph (1) after the word “Authority” in each place where it occurs there are inserted the words “or NHS trust”;
b
in paragraph (3) for the words “, it shall” there are substituted the words “or an NHS trust refers a matter for investigation under paragraph (1), the Authority or NHS trust shall”; and
c
in paragraph (4) after the word “Authority” there are inserted the words “or NHS trust”.
Application of these Regulations
11
The amendments made by regulations 7 and 8(2), (3) and (4) of and the Schedule to, these Regulations apply only in relation to a voucher —
a
accepted or used on or after 1st April 1991 pursuant to regulation 12 or regulation 18 of the principal Regulations; or
b
sent to a health authority pursuant to regulation 14(2)(c) of the principal Regulations in respect of cost incurred on or after that date.
Signed by authority of the Secretary of State for Health.
Virginia Bottomley
Minister of State,
Department of Health
10th March 1991


text:
Title, commencement, interpretation and revocation
1
1
This Order may be cited as the Medicines (Veterinary Drugs) (Prescription Only) Order 1991 and shall come into force on 8th July 1991.
2
In this Order, unless the context otherwise requires, —
a
“ the Act ” means the Medicines Act 1968;
“controlled drug” has the meaning assigned to it by section 2 of the Misuse of Drugs Act 1971 ;
“dosage unit” means —
where a veterinary drug is in the form of a tablet or capsule or is an article in some other similar pharmaceutical form, that tablet, capsule or other article, or
where a veterinary drug is not in any such form, that quantity of the drug which is used as the unit by reference to which the dose is measured;
“external use” means application to the skin, hair, fur, feathers, scales, hoof, horn, ear, eye, mouth or mucosa of the throat or prepuce, when a local action only is intended and extensive systemic absorption is unlikely to occur;
“intermediate feed” means a medicated feeding stuff sold, supplied or imported for use wholly or mainly as an ingredient in the preparation of a substance which is to be fed to one or more animals for a medicinal purpose or for purposes that include that purpose, with or without further processing;
“The Misuse of Drugs Regulations ” means, in relation to England. Wales and Scotland the Misuse of Drugs Regulations 1985 and, in relation to Northern Ireland, the Misuse of Drugs (Northern Ireland) Regulations 1986 ;
“parenteral administration” means administration to an animal by breach of the skin or mucous membrane;
“perscription only medicine” means a medicinal product of a description or falling within a class specified in article 3 and, for the purposes of this Order, does not include “intermediate feed”;
“repeatable prescription” means a prescription which contains a direction that it may be dispensed more than once;
“sell” means sell by retail as defined in section 131 and “sale” has a corresponding meaning;
“soap” means any compound of a fatty acid with an alkali or amine;
“strength”, and “maximum strength” mean, in the case of a substance listed in column 1 of Schedule 1 in relation to which there is an entry in column 2, or listed or mentioned in column 1 or 3 of Schedule 2 or column 2 of Part I of Schedule 3, the strength or, as the case may be, maximum strength of the substance in a veterinary drug expressed in the terms of —
the quantity of the substance, by weight or volume, and a strength so expressed shall be taken to relate to the quantity contained in a dosage unit of the drug, or
the quantity of the substance as a percentage of the drug calculated in terms of weight in weight (w/w), weight in volume (w/v), volume in weight (v/w), or volume in volume (v/v), or
an equivalent strength of some other substance and, for this purpose “equivalent” means a strength corresponding to the active moiety of that other substance;
“supply” means supply in circumstances corresponding to retail sale as defined in section 131;
“unit preparation” means a preparation, including a mother tincture, prepared by a process of solution, extraction or trituration with a view to being diluted tenfold or one hundredfold, either once or repeatedly, in an inert diluent, and then used either in this diluted form or, where applicable, by impregnating tablets, granules, powders or other inert substances for the purpose of being administered to animals;
“the Veterinary Drugs Exemption Order ” means the Medicines (Veterinary Drugs) (Pharmacy and Merchants' List) ( No. 2) Order 1989 ; and
b
a reference —
i
to a numbered section is to the section of the Act which bears that number,
ii
to a numbered article or Schedule is to the article of, or Schedule to, this Order which bears that number,
iii
in an article or in a Part of a Schedule to a numbered paragraph is to the paragraph of that article or that Part of that Schedule which bears that number, and
iv
in a paragraph to a lettered sub-paragraph is to the sub-paragraph of that paragraph which bears that letter.
3
In Schedule 1 —
a
entries specified in columns 2 and 3 relate to the substances listed in column 1 against which they appear and where, in relation to a particular substance listed in column 1, an entry in column 2 or 3 bears a number or letter it relates only to such entries in the other of those columns as bear the same number or letter;
b
the following abbreviations are used:
“ kg ” for kilogram
“mg” for milligram
“ppm” for parts per million.
4
The Medicines (Veterinary Drugs) (Prescription Only) Order 1989 is hereby revoked.
Appropriate practitioners
2
For the purposes of section 58 (medicinal products on prescription only) veterinary surgeons and veterinary practitioners shall be appropriate practitioners in relation to all the descriptions and classes of medicinal products specified for the purposes of that section in article 3.
Medicinal products on prescription only
3
1
There are hereby specified descriptions and classes of medicinal products for the purposes of section 58, namely —
a
subject to article 4(1) and (2) veterinary drugs consisting of or containing a substance listed in column 1 of Schedule 1;
b
veterinary drugs that are controlled drugs;
c
subject to article 4(2), veterinary drugs for parenteral administration whether or not they fall within sub-paragraph (a) or (b);
d
veterinary drugs —
i
which are not of a description and do not fall within a class specified in any of sub-paragraphs (a), (b) or (c);
ii
which are of a description in respect of which the conditions specified in section 59(1) are fulfilled, and
iii
in respect of which a product licence is granted after the date of coming into force of this Order containing a provision to the effect that the method of sale or supply of the veterinary drug is to be only in accordance with a prescription given by an appropriate practitioner;
e
medicinal products which are veterinary drugs by reason of their having been sold or supplied for administration to animals and which, prior to such sale or supply, were prescription only medicines as defined in article 1(2) of the Medicines (Products Other Than Veterinary Drugs) (Prescription Only) Order 1983 .
2
For the purposes of section 59(2)(a) (duration of restrictions for certain new products) the duration shall be a period of five years.
Medicinal products that are not prescription only
4
1
Notwithstanding article 3(1)(a), a veterinary drug in respect of which there has been granted a product licence shall not be a prescription only medicine by reason that it consists of or contains a particular substance listed in column 1 of Schedule 1 where —
a
in relation to that substance there is an entry in one or more of columns 2 and 3;
b
the strength in the drug of that substance does not exceed the maximum strength, if any, specified in column 2; and
c
the veterinary drug is sold or supplied —
i
if a pharmaceutical form or a route of administration is specified in column 3, in such pharmaceutical form, and for administration only by such route, as may be so specified, and
ii
if a use is specified in column 3, in a container or package labelled to show a use so specified to which the veterinary drug is to be put but no use not so specified.
2
Notwithstanding article 3(1)(a) and (c), a veterinary drug for parenteral administration consisting of or containing a substance listed in column 1 of Schedule 2 shall not be a prescription only medicine where the strength of that substance does not exceed the maximum strength, if any, specified in column 2 and the veterinary drug in question is sold or supplied only for the purpose or in the circumstances specified in column 3.
Exemption for medicinal products at high dilutions
5
The restrictions imposed by section 58(2) (restrictions on sale, supply and administration) shall not apply to the sale, supply or administration of a veterinary drug which is not for parenteral administration and which consists of or contains, of the substances listed in column 1 of Schedule 1, only one or more unit preparations of such substances, if —
a
each such unit preparation has been diluted to at least one part in a million (6x), and the person selling, supplying or administering the veterinary drug has been requested by or on behalf of a particular person and in that person’s presence to use his own judgment as to the treatment required, or
b
each such unit preparation has been diluted to at least one part in a million million (6c).
Exemptions for certain persons
6
1
The restrictions imposed by section 58(2)(a) (restrictions on sale and supply) shall not apply —
a
to the sale or supply by a person listed in column 1 of Part I of Schedule 3, or
b
to the supply by a person listed in column 1 of Part II of Schedule 3, of the prescription only medicines listed in column 2 of Part I or Part II, as the case may be, of Schedule 3 in relation to that person if and so long as the conditions specified in the corresponding paragraphs in column 3 of Part I or Part II, as the case may be, of Schedule 3 are fulfilled.
2
The restriction imposed by section 58(2)(b) (restriction on administration) shall not apply to the administration by a person listed in column 1 of Part III of Schedule 3 of the prescription only medicines for parenteral administration listed in column 2 of that Part in relation to that person if and so long as the conditions specified in the corresponding paragraphs in column 3 of that Part are fulfilled.
Exemption in cases involving another’s default
7
The restrictions imposed by section 58(2)(a) (restrictions on sale and supply) shall not apply to the sale or supply of a prescription only medicine by a person who, having exercised all due diligence, believes on reasonable grounds that the product sold or supplied is not a prescription only medicine, where it is due to the act or default of another person that the product is a product to which section 58(2)(a) applies.
Prescriptions
8
1
For the purposes of section 58(2)(a) a prescription only medicine shall not be taken to be sold or supplied in accordance with a prescription given by an appropriate practitioner unless the conditions specified in paragraph (2) are fulfilled.
2
The conditions referred to in paragraph (1) are that the prescription —
a
shall be signed in ink with his own name by the veterinary surgeon or veterinary practitioner giving it;
b
shall, without prejudice to sub-paragraph (a), be written in ink or otherwise so as to be indelible;
c
shall contain the following particulars —
i
the address of the veterinary surgeon or veterinary practitioner giving it,
ii
the appropriate date,
iii
such particulars as indicate whether it is given by a veterinary surgeon or veterinary practitioner, and
iv
the name and address of the person to whom the prescription only medicine is to be delivered and a declaration by the veterinary surgeon or veterinary practitioner giving it that the prescription only medicine is prescribed for an animal or herd under his care;
d
shall not be dispensed after the end of the period of six months from the appropriate date, unless it is a repeatable prescription in which case it shall not be dispensed for the first time after the end of that period nor otherwise than in accordance with the direction contained in the repeatable prescription;
e
in the case of a repeatable prescription that does not specify the number of times it may be dispensed, shall not be dispensed on more than two occasions.
3
The restrictions imposed by section 58(2)(a) (restrictions on sale and supply) shall not apply to a sale or supply of a prescription only medicine which is not in accordence with a prescription given by an appropriate practicitioner by reason only that a condition specified in paragraph (2) is not fulfilled, where the person selling or supplying the prescription only medicine, having exercised all due diligence, believes on reasonable grounds that the condition is fulfilled in relation to that sale or supply.
4
In paragraph (2) “the appropriate date” means the date on which the prescription was signed by the veterinary surgeon or veterinary practitioner giving it.
Defences
9
The restrictions imposed by section 58(2)(a) (restrictions on sale and supply) shall not apply to the sale or supply of a prescription only medicine by an appropriate practitioner in accordance with a forged prescription where the appropriate practitioner, having exercised all due diligence, believes on reasonable grounds that the prescription is genuine.
Transitional provision
10
Where, immediately before the coming into force of this Order, the restrictions imposed by section 58 applied to the sale, supply or administration of a veterinary drug of a particular description by reason that the veterinary drug fell within the class specified in article 3(1)(e) (certain new products) of the Medicines (Veterinary Drugs) (Prescription Only) Order 1989 those restrictions shall continue to apply to veterinary drugs of that description as though article 3(1)(e) and (2) of that Order had remained in force.
Virginia Bottomley
Minister of State for Health
11th June 1991
Strathclyde
Parliamentary Under Secretary of State, Scottish Office
11th June 1991
David Hunt
Secretary of State for Wales
12th June 1991
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 10th June 1991.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland this 13th day of June 1991
F. A. Elliott
Permanent Secretary
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland this 13th day of June 1991
W. J. Hodges
Permanent Secretary


text:
1
The new highway which the Secretary of State proposes to construct along the route described in the Schedule to this Order shall become a trunk road as from the date when this Order comes into force.
2
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk road that —
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purposes of through traffic.
4
In this Order —
1
All measurements of distance are measured along the route of the relevant highway;
(2)
i
“the deposited plan”
means the plan numbered HA10/1 CNW 297 marked “The A585 Trunk Road (Fleetwood Diversion) Order 1991”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY ;
ii
“the new trunk road”
means the new highway mentioned in article 1 of this Order.
5
This Order shall come into force on 23rd May 1991 and may be cited as the A585 Trunk Road (Fleetwood Diversion) Order 1991.
Signed by authority of the Secretary of State for Transport
D.C. Renshaw
Regional Director, North West Region,
Department of Transport
3rd May 1991


text:
Citation and commencement
1
This Order may be cited as the Financial Services Act 1986 (Schedule 1 (Amendment) and Miscellaneous Exemption) Order 1991 and shall come into force on 1st August 1991.
Amendment to Schedule 1 of Financial Services Act 1986
2
Paragraph 35(f)(i) of Schedule 1 to the Financial Services Act 1986 shall be amended by the substitution of the words “being arrangements which are” for the words “and which is”.
Exemption
3
The body known as “Scottish Enterprise” established by the Enterprise and New Towns (Scotland) Act 1990 shall be an exempted person.
John Redwood
Minister of State
Department of Trade and Industry
29th June 1991


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Invalid Care Allowance) Amendment Regulations 1991 and shall come into force on 8th April 1991.
Amendment of the Social Security (Invalid Care Allowance) Regulations 1976
2
In regulation 8(1) of the Social Security (Invalid Care Allowance) Regulations 1976 (circumstances in which a person is or is not to be treated as gainfully employed) for the sum of “£20” in each place where it occurs, there shall be substituted the sum of “£30”.
Revocation
3
The Social Security (Invalid Care Allowance) Amendment Regulations 1990 are hereby revoked.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
21st February 1991


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Community Charges and Non-Domestic Rating (Miscellaneous Provisions) (England) Regulations 1991 and shall come into force on 18th February 1991.
2
These Regulations extend only to England.
Interpretation
2
In these Regulations “boundary order” means an order made under Part IV of the Local Government Act 1972 .
Application of Regulations
3
1
Paragraph (1) of regulation 4 applies where a boundary order provides for the transfer, on the first day of the chargeable financial year beginning on 1st April 1991 or any later year, of an area from the area of one charging authority to that of another charging authority.
2
Paragraph (2) of regulation 4 applies where a boundary order provides for the creation of a parish on the first day of the chargeable financial year beginning on 1st April 1991 or any later year.
Modification of Regulations
4
1
In a case to which this paragraph applies, the provisions specified in column 1 of the Schedule hereto shall have effect, as respects the period beginning on the day on which these Regulations come into force or, if later, the day after that on which the relevant boundary order is made, and ending immediately before the day on which the transfer for which the order provides takes effect, with the modifications specified in relation to those provisions in column 2.
2
In a case to which this paragraph applies, for the purposes of Parts II and III of Schedule 1 and Schedule 3 to the Community Charges and Non-Domestic Rating (Demand Notices) (England) Regulations 1991 references to the precept of a parish council or chairman of a parish meeting, however expressed, shall be treated–
a
in relation to an area which is a new parish for the purposes of the Local Government Finance (Miscellaneous Provisions) (England) Order 1991 ; and
b
as respects the period beginning on the day on which these Regulations come into force or, if later, the day after that on which the relevant boundary order is made, and ending immediately before the day on which a precept for the relevant year is issued as respects that parish,
as including references to the amount specified in relation to the parish in question in the relevant boundary order; and paragraph 4 of Part III of Schedule 1 to those Regulations shall be construed accordingly.
Michael Heseltine
Secretary of State for the Environment
15th February 1991


text:
1
The new highway which the Secretary of State proposes to construct along the route described in the Schedule to this Order shall become a trunk road as from the date when this Order comes into force.
2
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
3
In this Order —
i
“the deposited plan”
means the plan numbered HA1O/2-/N221 marked “The A1 London-Edinburgh-Thurso Trunk Road (North Shotton Slip Road) Order 1991”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1 3PY;
ii
“the new trunk road”
means the highway mentioned in article 1 of this Order; and
iii
“the trunk road”
means the A1 London-Edinburgh-Thurso Trunk Road.
4
This Order shall come into force on 1st April 1991 and may be cited as the A1 London-Edinburgh-Thurso Trunk Road (North Shotton Slip Road) Order 1991.
Signed by authority of the Secretary of State for Transport
J. A. Owen
Regional Director Northern Region
Department of Transport
28th February 1991


text:
PART I
Introduction
Citation and commencement
1
1
This Order may be cited as the Social Security Benefits Up-rating (No. 2) Order 1991.
2
This Order shall come into force for the purposes of —
a
articles 1, 2, 17 and 18(1) and (2)(a) on 1st April 1992;
b
articles 9 and 18(2)(b) on 6th April 1992;
c
article 10 on 5th April 1992;
d
articles 3, 4, 5, 6, 7, 8 and 11 on 6th April 1992;
e
article 12 on 7th April 1992;
f
articles 13, 14 and 15, in so far as they relate to a particular beneficiary, on the first day of the first benefit week to commence for that beneficiary on or after 6th April 1992, and for the purpose of this and the next following sub-paragraph, “benefit week” has the same meaning as in the Income Support Regulations ;
g
article 16(7), in so far as the sums specified are relevant for the purposes of paragraph 9(2)(a) of Schedule 3 to the Income Support Regulations, on the first day of the benefit week to commence for the beneficiary on or after 6th April 1992;
h
except in a case to which sub-paragraph (g) applies, article 16 on 1st April 1992.
3
The increases made by this Order in the sums specified for rates or amounts of benefit under the 1975 Act or the Pensions Act shall take effect for each case on the date specified in relation to that case in article 5 of the Order.
Interpretation
2
In this Order, unless the context otherwise requires —
“the 1975 Act” means the Social Security Act 1975 ;
“the 1986 Act ” means the Social Security Act 1986;
“the Pensions Act” means the Social Security Pensions Act 1975 ;
“the Community Charge Benefits Regulations ” means the Community Charge Benefits (General) Regulations 1989 ;
“the Family Credit Regulations ” means the Family Credit (General) Regulations 1987 ;
“the Income Support Regulations” means the Income Support (General) Regula-tions 1987 ; and
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 .
PART II
Social Security Benefits
Alterations in rates or amounts of certain benefits under the 1975 Act
3
1
In this article, “Schedule 4” means Schedule 4 to the 1975 Act .
2
The sums specified in paragraph (3) below shall be increased from and including the respective dates specified in article 5 below; and Schedule 4 shall accordingly have effect as set out in Schedule 1 to this Order.
3
The sums mentioned in paragraph (2) above are the sums specified in Parts I, III , IV and V of Schedule 4 (contributory periodical benefits, non-contributory periodical benefits, increase of benefits for dependants and rate or amount of industrial injuries benefit, respectively), except in Part III the sums specified for age addition and mobility allowance.
4
The sums falling to be calculated under section 59B(5) of the 1975 Act (calculation of weekly rate of retirement allowance) shall be increased from a date specified in article 5 below by 4.1 per cent. of their amount apart from this Order.
Increase in rates or amounts of certain benefits under the Pensions Act
4
1
The sums specified in paragraphs (2) and (3) below shall be increased from and including the respective dates specified in article 5 below.
2
In section 6(1)(a) of the Pensions Act (basic pension in a Category A retirement pension) —
a
so far as the sum is relevant for the purpose of calculating under section 14(6) of the 1975 Act the rate of sickness benefit, for the sum of £49.90 there shall be substituted the sum of £51.95;
b
except so far as mentioned in sub-paragraph (a) above, for the sum of £52.00 there shall be substituted the sum of £54.15.
3
It is hereby directed that the sums which are —
a
the additional pensions in the rate of long-term benefits calculated by reference to any final relevant year earlier than the tax year 1991/92,
b
the increases in the rates of retirement pensions under Schedule 1 to the Pensions Act (increase of pension where pensioner’s entitlement deferred), and
c
payable to a pensioner as part of his Category A or Category B retirement pension by virtue of an order made under section 126A of the 1975 Act or section 63 of the 1986 Act,
shall in each case be increased by 4.1 per cent. of their amount apart from this Order.
4
Sums which are payable by virtue of section 35(6) of the Pensions Act (which provides for increases in a person’s guaranteed minimum pension if payment of his occupational pension is postponed after he attains pensionable age) to a person who is also entitled to a Category A or Category B retirement pension (including sums payable by virtue of section 36(3)), shall be increased by —
a
4.1 per cent. of their amount apart from this Order where the increase under section 35(6) is attributable to earnings factors for the tax year 1987 — 88 and earlier tax years, and
b
1.1 per cent. of their amount apart from this Order where the increase under section 35(6) is attributable to earnings factors for the tax year 1988 — 89 and subsequent tax years .
Dates on which sums specified for rates or amounts of benefit under the 1975 Act or the Pensions Act are increased by this Order
5
1
Paragraphs (2) to (8) of this article, which are subject to the provisions of paragraph (9) below, specify the date on which the increases made by this Order in the sums specified for rates or amounts of benefit under the 1975 Act or the Pensions Act shall take effect for each case.
2
In relation to the case of a person over pensionable age whose entitlement to a Category A retirement pension is deferred and for whom the rate of unemployment benefit, sickness benefit or invalidity pension falls to be calculated in accordance with section 14(6) or 15(4) of the 1975 Act , the increases in the sums mentioned in articles 3, 4 and 7 for Category A and B retirement pension and graduated retirement benefit (together with, where appropriate, increases for dependants) shall take effect on 9th April 1992 and in relation to all other cases the increases in such sums shall take effect on 6th April 1992.
3
The increases in the sums mentioned in article 4(3)(c) and (4) shall take effect on 6th April 1992.
4
The increases in the sums specified for the rate of maternity allowance, widowed mother’s allowance, widow’s pension, Category C and D retirement pension, child’s special allowance , attendance allowance, invalid care allowance (except in a case where the Secretary of State has made arrangements for it to be paid on a Wednesday) (together with, where appropriate, increases for dependants), and guardian’s allowance shall in all cases take effect on 6th April 1992.
5
The increases in the sums specified for the rate of invalid care allowance (in a case where the Secretary of State has made arrangements for it to be paid on a Wednesday) (together with, where appropriate, increases for dependants), disablement benefit (together with increases of disablement pension), maximum disablement gratuity under section 57(5) of the 1975 Act , industrial death benefit by way of widow’s and widower’s pension and allowance in respect of children (together with, where appropriate, increases for dependants) and maximum, under section 91(1) of the 1975 Act, of the aggregate of weekly benefit payable for successive accidents, shall in all cases take effect from and including 8th April 1992.
6
Where a person’s weekly rate of Category A or B retirement pension falls to be increased under the provisions of section 28(7) or 29(8) of the 1975 Act by reference to the weekly rate of invalidity allowance to which he was previously entitled, the increase in the sum specified for the appropriate rate of invalidity allowance shall take effect on 6th April 1992 and where it does not fall to be so increased the sum so specified shall take effect on 9th April 1992.
7
The increases in the sums specified for the rate of unemployment and sickness benefit, invalidity pension and severe disablement allowance (together with, where appropriate, increase for dependants) shall take effect in all cases on 9th April 1992.
8
The increase in the sums falling to be calculated in accordance with section 59B(5) of the 1975 Act (retirement allowance) shall take effect on 8th April 1992.
9
In the case of a person who is subject to the provisions of regulations made under section 85(1)(b) of the 1975 Act (adjustment of benefit for persons undergoing medical or other treatment as an in-patient in a hospital) the increase in the sum mentioned in article 4(2)(b) of this Order shall take effect in that case on the day on which the increase in the benefit payable to him apart from those Regulations takes effect.
Increase in rates of certain benefits under the Industrial Injuries and Diseases (Old Cases) Act 1975
6
In the Industrial Injuries and Diseases (Old Cases) Act 1975 the sum of £31.25 referred to in section 2(6)(c) (maximum weekly rate of lesser incapacity allowance supplementing workmen’s compensation) and section 7(2)(b) (industrial diseases benefit schemes: weekly rate of allowance payable where disablement is not total) shall be increased; and from and including 8th April 1992 for that sum in section 2(6)(c), and from and including 9th April 1992 for that sum in section 7(2)(b), there shall be substituted the sum of £32.55.
Increase in rate of graduated retirement benefit and increments thereof
7
1
In the National Insurance Act 1965 the sum of 6.81 pence referred to in section 36(1) (graduated retirement benefit) shall be increased by 4.1 per cent.; and from and including 6th April 1992 the reference in that provision to that sum shall accordingly have effect as a reference to 7.09 pence.
2
The sums which are the increases of graduated retirement benefit under Schedule 2 to the Social Security (Graduated Retirement Benefit) (No. 2) Regulations 1978 (increases for deferred retirement) shall be increased by 4.1 per cent. of their amount apart from this Order.
Sum specified for child benefit
8
In regulation 2 of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976 (weekly rates of child benefit) —
a
in sub-paragraph (a) of paragraph (1), the sum specified is £9.65;
b
in sub-paragraph (b) of paragraph (1), the sum specified is £7.80; and
c
in paragraph 2, the sum specified is £5.85.
Statutory Sick Pay
9
In section 7(1) of the Social Security and Housing Benefits Act 1982 (relationship between rates of payment of statutory sick pay and employees' normal weekly earnings) the sums specified in paragraph (a) are £52.50 and £185.00 respectively and the sum specified in paragraph (b) is £43.50.
Statutory Maternity Pay
10
In regulation 6 of the Statutory Maternity Pay (General) Regulations 1986 (lower rate of statutory maternity pay) for the sum of £44.50 there shall be substituted the sum of £46.30.
Earnings Limits
11
In section 41(2B) of the 1975 Act (earnings limits in respect of child dependency increases) for the sums £110, £14 and £110 there shall be substituted the sums of £115, £15 and £115 respectively.
PART III
Family Credit, Income Support, Housing Benefit and Community Charge Benefits
Family Credit
12
In the Family Credit Regulations —
a
in regulation 46(4) (determination of appropriate maximum family credit), the capital sum prescribed is £3,000;
b
in regulation 46(4), (5) and (6), the amount specified for the credit in respect of a child or young person is NIL;
c
in regulation 47 (applicable amount of family credit), for the sum of £62.25 there shall be substituted the sum of £66.60;
d
in paragraph 19 of Schedule 2 (sums to be disregarded in calculating income), in sub-paragraph (b) for the sum of £8.05 there shall be substituted the sum of £8.60; and
e
in Schedule 4 (determination of maximum family credit), the sums prescribed shall be increased so as to have effect as set out in Schedule 2 to this Order.
Applicable amounts for Income Support
13
1
As from 6th April 1992 the sums relevant to the calculation of an applicable amount as specified in the Income Support Regulations shall be the sums set out in the following provisions of this article and the Schedules thereto; and for this purpose references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to the regulations of or Schedules to the Income Support Regulations bearing that number.
2
In regulations 17(1)(b), 18(1)(c), 21(1) and 71(1)(a)(ii), (b)(ii) and (iii), (c)(ii) and (d)(i), in paragraph 14(a) of Part III of Schedule 2, and in paragraph 1(2) of Part I of Schedule 4, the sum specified is in each case £3,000.
3
The sums specified in Part I of Schedule 2 (applicable amounts: personal allowances) shall be increased; and accordingly that Part of Schedule 2 shall have effect as set out in Schedule 3 to this Order.
4
In paragraph 3 of Part II of Schedule 2 (family premium) for the sum of £8.70 there shall be substituted the sum of £9.30.
5
The sums specified in Part IV of Schedule 2 (weekly amounts of premiums) shall be increased; and accordingly that Part of Schedule 2 shall have effect as set out in Schedule 4 to this Order.
6
The sums specified in paragraph 11(1) of Schedule 3 (housing costs: non-dependant deductions) are £13.50 and £5.70.
7
The sum specified in paragraph 11(2) of Schedule 3 (low income threshold) is £62.15.
8
Those sums relevant to the calculation of an applicable amount which are specified in Schedule 4 (applicable amounts of persons in residential care and nursing homes) shall be increased; and accordingly those paragraphs in Schedule 4 where such a sum is specified shall have effect as set out in Part I of Schedule 5 to this Order.
9
In paragraph 6(2) of Schedule 4, for the sum of £185.00 there shall be substituted the sum of £205.00 and, subject to that substitution and except as provided in paragraphs (2) and (8) of this article, the sums specified in Schedule 4 are those set out in Part II of Schedule 5 to this Order.
10
Those sums relevant to the calculation of an applicable amount which are specified in Schedule 7 (applicable amounts in special cases) shall be increased; and accordingly those paragraphs in Schedule 7 where such a sum is specified shall have effect as set out in Part I of Schedule 6 to this Order.
11
Except as provided in paragraph (10) above, the sums specified in Schedule 7 are those set out in Part II of Schedule 6 to this Order.
12
The sums specified in any provision of the Income Support Regulations set out in column (1) of Schedule 7 to this Order are the sums set out in column (2) of that Schedule.
13
In paragraph 19 of Schedule 9 (sums to be disregarded in calculating income), in sub-paragraph (b) for the sum of £8.05 there shall be substituted the sum of £8.60.
Income Support Transitional Protection
14
Sums which are special transitional additions to income support payable in accordance with regulation 15 of the Income Support (Transitional) Regulations 1987 shall be increased by 7.0 per cent. of the amount apart from this Order.
The Relevant Sum for Income Support
15
In section 23(5)(b) of the 1986 Act (trade disputes; the relevant sum) the substituted sum is £22.50.
Applicable amounts for Housing Benefit
16
1
As from a date determined in accordance with article 1 of this Order, the sums relevant to the calculation of an applicable amount and specified in the Housing Benefit Regulations shall be the sums set out in the following provisions of this article and Schedules 8 and 9 to this Order; and for this purpose references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to the regulations of and Schedules to the Housing Benefit Regulations bearing that number.
2
In regulations 16(b) and 17(c) (applicable amounts), the sum specified is in each case £3,000.
3
In regulation 18(1) (patients), for the sum of £13.00 in sub-paragraphs (a), (b) and (d)(ii), there shall be substituted the sum of £13.55, for the sum of £10.40 in sub-paragraph (c)(i) and (d)(i) there shall be substituted the sum of £10.85 and for the sum of £26.00 in sub-paragraph (c)(ii) there shall be substituted the sum of £27.10.
4
The sums specified in regulation 63(1) (non-dependant deductions), are £13.50 and £5.70.
5
The sum specified in regulation 63(2) (low income threshold), is £62.15.
6
In paragraph 1A of Part I of Schedule 1, for the sums £14.20, £14.20, £7.15, £9.45, £9.45, £4.70 and £1.75 there shall be substituted the sums respectively, £15.20, £15.20, £7.65, £10.10, £10.10, £5.05 and £1.85.
7
In paragraph 5(2) of Part II of Schedule 1, for the sums £8.05, £1.00, £0.65 and £1.00 there shall be substituted the sums respectively, £8.60, £1.05, £0.70 and £1.05.
8
The sums specified in Part I of Schedule 2 (applicable amounts: personal allowances) shall be increased; and accordingly that Part of Schedule 2 shall have effect as set out in Schedule 8 to this Order.
9
In paragraph 3 of Part II of Schedule 2 , for the sum of £8.70 there shall be substituted the sum of £9.30.
10
The sums specified in Part IV of Schedule 2 (applicable amounts: premiums) shall be increased; and accordingly that Part of Schedule 2 shall have effect as set out in Schedule 9 to this Order.
11
In paragraph 20 of Schedule 4 (sums to be disregarded in calculation of income) in sub-paragraph (b) for the sum of £8.05 there shall be substituted the sum of £8.60.
Applicable amounts for Community Charge Benefits
17
1
As from 1st April 1992 the sums relevant to the calculation of an applicable amount and specified in the Community Charge Benefits Regulations shall be the sums set out in the following provisions of this article and in Schedules 10 and 11 to this Order; and for this purpose references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to the regulations of and Schedules to the Community Charge Benefits Regulations bearing that number.
2
In regulation 7(b) and 8(c) (applicable amounts) the sum specified is in each case £3,000.
3
In regulation 9(1) (patients), for the sum of £13.00 in sub-paragraphs (a), (b) and (d)(ii), there shall be substituted the sum of £13.55, for the sum of £10.40 in sub-paragraphs (c) and (d)(i) there shall be substituted the sum of £10.85 and for the sum of £26.00 in paragraph (c)(ii) there shall be substituted the sum of £27.10.
4
The sums specified in Part I of Schedule 1 (applicable amounts: personal allowances) shall be increased; and accordingly that Part of Schedule 1 shall have effect as set out in Schedule 10 to this Order.
5
In paragraph 3 of Part II of Schedule 1 , for the sum of £8.70 there shall be substituted the sum of £9.30.
6
The sums specified in Part IV of Schedule 1 (applicable amounts: premiums) shall be increased; and accordingly that Part of Schedule 1 shall have effect as set out in Schedule 11 to this Order.
7
In paragraph 20 of Schedule 3 (sums disregarded in calculation of income other than earnings), for the sum of £8.05 there shall be substituted the sum of £8.60.
PART IV
Revocations
Revocations
18
1
Articles 3 to 11 and 14 to 18 of and Schedules 1 and 3 to 11 to the Social Security Benefits Up-rating Order 1991 are hereby revoked in relation to any particular case as from the date on which the rates or amounts of benefit specified in this Order in relation to that benefit take effect in relation to that case.
2
The following provisions are hereby revoked —
a
the whole of the Social Security Benefits Up-rating Order 1990 , in so far as not previously revoked; and
b
the whole of the Social Security Benefits Up-rating Order 1989 , in so far as not previously revoked.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
18th December 1991
We consent,
Irvine Patnick
Thomas Sackville
Two of the Lords Commissioners of Her Majesty’s Treasury
19th December 1991


text:
Citation and commencement
1
This Order may be cited as the Education (London Residuary Body) (Capital Money) Order 1991 and shall come into force on 27th February 1991.
Interpretation
2
1
In this Order —
“the 1988 Act ” means the Education Reform Act 1988;
“capital balances” means that amount shown as cash in the accounts of ILEA in respect of the Building and Equipment Renewal and Repair Fund for the financial year ending 31st March 1990 made up and balanced in accordance with regulation 6 of the Accounts and Audit Regulations 1983 ;
“direct capital receipts” means money attributable to the disposal of relevant land or other property vested in the LRB pursuant to the 1988 Act;
“disposal” means disposal by operation of law or otherwise;
“the LRB” means the London Residuary Body;
“other property” means any vehicle, vessel, movable and immovable plant, machinery and apparatus;
“relevant land” means any land or interest in land vested in the LRB pursuant to the 1988 Act; and
“revenue balances” means that amount shown as precept balances and revenue reserves and funds in the consolidated balance sheet of ILEA as at 31st March 1990 made up and balanced in accordance with regulation 6 of the Accounts and Audit Regulations 1983.
2
In this Order, unless the context otherwise requires, any reference to a numbered article or Schedule is to be construed as a reference to the article of, or Schedule to, this Order which bears that number.
Capital money
3
Money received by the LRB of the following descriptions is hereby specified as capital money for the purposes of section 77 of the Local Government Act 1985 and section 185 of the 1988 Act —
a
an amount of the revenue balances vested in the LRB pursuant to the 1988 Act equal to £23,165,166;
b
the capital balances vested in the LRB pursuant to the 1988 Act; and
c
direct capital receipts.
Reservation from capital money and special distribution
4
1
On 27th February 1991 the LRB shall set aside from the capital money specified in article 3 the sum of £23,600,546.
2
On 28th February 1991 the LRB shall pay to each charging authority in inner London listed in column (1) of Schedule 1 the sum listed opposite thereto in column (2) of that Schedule.
General distribution of capital money
5
In respect of each financial year commencing with the financial year beginning 1st April 1991 the LRB shall pay to each charging authority in inner London an amount which shall be determined in accordance with Schedule 2.
Administrative arrangements — notifications of general distribution of capital money
6
1
On or before 31st December in each financial year commencing with the financial year beginning 1st April 1991 the LRB shall notify each charging authority in inner London of its estimate of —
a
the amounts of direct capital receipts to be received by the LRB in the current and next succeeding financial years; and
b
the amount to be paid to that authority in those years in accordance with article 5.
2
At the same time as it notifies an authority of either of the matters referred to in paragraph (1) above the LRB shall send a copy of such notification to the Secretary of State.
Administrative arrangements — general distribution of capital money
7
1
Within seven days of making any payment required by article 5, the LRB shall notify the Secretary of State of the amount paid.
2
The LRB shall use its best endeavours to secure that payments required by article 5 are made on or before the last day of the financial year in question. Any part of a payment not so made (“the residual amount”) shall be paid no later than 31st August in the next financial year.
3
Residual amounts shall be deemed to vest in the charging authority entitled to them on the last day of the financial year in question and shall thereafter be regarded as interest-free loans to the LRB by the relevant charging authorities.
Application of general distribution of capital money
8
1
Money received by a charging authority by virtue of article 5 shall be a capital receipt of that charging authority for the purposes of Part IV of the Local Government and Housing Act 1989 (revenue accounts and capital finance of local authorities).
2
The reserved part of such a capital receipt, within the meaning of Part IV of the Local Government and Housing Act 1989, shall be 50 per cent.
Additional distribution of capital money
9
1
An amount of the revenue balances vested in the LRB pursuant to the 1988 Act equal to £187,139 is hereby specified as capital money for the purposes of section 77 of the Local Government Act 1985.
2
On 27th February 1991 the LRB shall set aside from its revenue balances the sum of £187,139.
3
On 28th February 1991 the LRB shall pay that sum, divided into the following amounts, for the following purposes connected with the abolition of ILEA —
a
£120,179 to the City of London Polytechnic representing fees received by ILEA in respect of courses to be held during the 1990 summer term at the former London College of Furniture which courses were provided by the said Polytechnic; and
b
£66,960 to the Polytechnic of Central London representing fees received by ILEA in respect of courses to be held during the 1990 summer term at the former Paddington College of Further Education which courses were provided by the said Polytechnic.
Kenneth Clarke
Secretary of State for Education and Science
4th February 1991


text:
Citation and commencement
1
1
These Regulations may be cited as the Education (Pupils' Attendance Records) Regulations 1991.
2
This regulation and regulation 2 shall come into force on 1st August 1991 and all other regulations on 1st August 1992.
Amendments of the Pupils' Registration Regulations 1956
2
1
The Pupils' Registration Regulations 1956 shall be amended in accordance with the provisions of this regulation.
2
For paragraph (4) of regulation 3 there shall be substituted the following paragraphs —
4
There shall be recorded in the Attendance Register at the commencement of each morning and afternoon session the following particulars —
a
the presence or absence of every pupil whose name is entered in and not deleted from the Admission Register; and
b
in the case of any such pupil of compulsory school age who is absent, a statement whether or not his absence is authorised:
but this paragraph does not apply in respect of a pupil who is a boarder in an independent school.
5
For the purposes of paragraph (4)(b) above only a pupil is of compulsory school age unless —
a
he has not attained the age of five years before the commencement of the term of which the session forms part; or
b
he has attained the age of sixteen years before the first day of the month of September in the school year of which the session forms part.
6
Where it is not possible to record at the commencement of a session whether or not a pupil’s absence is authorised, that information shall be recorded as soon as practicable after it becomes known to the person with responsibility for completing the Register.
7
In the case of a pupil who is not a boarder, his absence shall not be treated as unauthorised for the purposes of this regulation if he is unable to attend —
a
by reason of sickness or any unavoidable cause; or
b
on a day exclusively set apart for religious observance by the religious body to which his parent belongs; or
c
because the school is not within walking distance of the pupil’s home, and no suitable arrangements have been made by the local education authority either for his transport to and from the school, or for boarding accommoda tion for him at or near the school or for enabling him to become a registered pupil at a school nearer to his home.
8
In the case of a pupil who is a boarder in a school which is not an independent school, any unauthorised absence shall not be treated as such if he was prevented from being present by reason of sickness or any unavoidable cause.
9
For the purposes of this regulation —
a
a pupil’s absence is authorised if he has been granted leave of absence by any person authorised in that behalf by the proprietor; and
b
walking distance means, in relation to a child who has not attained the age of eight years, two miles and, in the case of any other child three miles, measured by the nearest available route.
.
3
At the end of regulation 4 there shall be added the word “or” and the following —
c
whether or not he is of compulsory school age on the ground that, having been admitted to the school for nursery education, he has not on completing such education transferred to a reception class at the school.
For the purposes of this regulation —
children are to be regarded as having been admitted to a school for nursery education if they were placed on admission in a nursery class; and
“reception class” means a class in which education is provided which is suitable to the requirements of pupils aged five and any pupils under or over that age whom it is expedient to educate together with pupils of that age.
.
4
For regulation 10 there shall be substituted the following regulation —
Use of computers
10
1
Nothing in these Regulations shall be taken to prevent the keeping of an Attendance Register or Admission Register by means of a computer, but where such a Register is so kept the following paragraphs of this regulation shall apply for the purpose of modifying the requirements of these Regulations.
2
The requirements of paragraph (1) of regulation 3 shall not be treated as satisfied unless a print of the Attendance Register is made not less than once every month and a print of the Admission Register not less than once a year.
3
The requirements of regulation 8 shall not be treated as satisfied unless, where any correction to an original entry in the Registers is made, prints of the Register in question made after the correction distinguish clearly between the original entry and the correction.
4
The requirements of regulation 9 shall not be treated as satisfied, in the case of Attendance Registers, unless each print of the Attendance Register relating to a particular school year is retained in a single volume for that year and that volume is retained for a period of three years after the end of that school year.
5
A print of a Register produced by means of a computer shall for the purposes of regulation 8 be taken to be made in ink.
6
The provisions of this regulation are without prejudice to the requirements of the Data Protection Act 1984 ,
7
A reference in this regulation to a numbered regulation is to the regulation bearing that number in these Regulations.
.
Amendment of the Education (School Information) Regulations 1981
3
1
The Education (School Information) Regulations 1981 shall be amended in accordance with the provisions of this regulation.
2
After regulation 4A there shall be added the following regulation —
4B
1
This regulation applies where the information relating to school attendance referred to in regulation 16 of Schedule 2 “the school attendance information”) which is published in accordance with subsection (5) of section 8 of the Act of 1980 (read with regulations 4 and 6) does not relate to the school year immediately preceding the school year in which the information is published (“the previous school year”).
2
Where this regulation applies the persons referred to in paragraph (1) of regulation 4 shall, as soon as practicable after the school attendance information for the previous school year is made available to them, publish that information as a supplement to the school prospectus at the time and in the manner required by regulation 6.
.
3
In paragraph 10 of Schedule 2 there shall be deleted the words “including, in particular, the practice of the school as respects corporal punishment”.
4
At the end of Schedule 2 there shall be added the following paragraph —
16
1
In relation to each year group in which all or the majority of pupils are subject to the provisions as to the recording of unauthorised absence in the Pupils' Registration Regulations 1956 (“the unauthorised absence provisions”), the number of unauthorised absences in each term of the relevant school year expressed as a percentage of the total number of possible attendances in that term.
2
In relation to each year group referred to in sub-paragraph (1) above, the number of pupils recorded as absent without authority on one or more occasions in each term of the relevant school year expressed as a percentage of the number of registered pupils in the year group who are subject to the unauthorised absence provisions at the commencement of that term.
3
In this paragraph —
a
an “unauthorised absence” means an occasion on which a pupil is recorded as absent without authority pursuant to the Pupils' Registration Regula tions 1956;
b
“the total number of possible attendances” means the number produced by multiplying the number of registered pupils in the year group at the beginning of the term who are subject to the unauthorised absence provisions by the number of school sessions in that term; and
c
references to the relevant school year are to the last school year for which the information referred to in the paragraph was available at the date specified for the purposes of regulation 8(2).
.
Grant-maintained schools: supplementary attendance information
4
Where the information relating to school attendance (“the school attendance information”) which is published by the governing body of a grant-maintained school pursuant to section 58(5) of the Education Reform Act 1988 does not relate to the school year immediately preceding the school year in which the information is published the governing body shall as soon as practicable after the school attendance information for that school year is made available to them publish that information as a supplement to the school prospectus at the time and in the manner required by the school’s articles of government for publication of the prospectus.
Amendment of the Education (School Curriculum and Related Information) Regulations 1989 (information to be published with governing body’s annual report)
5
For regulation 4 of the Education (School Curriculum and Related Information) Regulations 1989 there shall be substituted the following regulation —
4
1
The governing body of every maintained school shall publish with the annual report required to be prepared under section 30 of the 1986 Act or section 58(5)(j) of the 1988 Act (as the case may be) the following particulars —
a
the dates of the beginning and end of each term and of half-term holidays for the next school year;
b
a summary of any changes to information contained in the school prospectus since it was last published; and
c
the information about school attendance published in accordance with the 1981 Regulations (in the case of a school maintained by a local education authority) or the school’s articles of government read with those Regula tions (in the case of a grant-maintained school) relating to the school year immediately preceding the school year in which the report is published.
2
The governing body shall furnish a copy of such a report and of the particulars referred to in paragraph (1) and of the particulars referred to therein to the head teacher of the school and —
a
in the case of a grant-maintained school, to the Secretary of State; and
b
in the case of any other school to the education authority.
.
K. Clarke
Secretary of State for Education and Science
10th July 1991
David Hunt
Secretary of State for Wales
10th July 1991


text:
1
This Order may be cited as the Finance Act 1985 (Interest on Tax)(Prescribed Rate) (No.2) Order 1991 and shall come into force on 6th May1991.
2
For the purposes of subsections (1), (3) and (6) of section 18 ofthe Finance Act 1985 the prescribed rate shall be 10.75 per cent.
Irvine Patnick
Sydney Chapman
Two of the Lords Commissioners of Her Majesty’s Treasury
25th April 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Firemen’s Pension Scheme (Amendment) Order 1991 and shall come into force on 1st July 1991.
2
In this Order “the 1973 Scheme ” means the scheme set out in Appendix 2 to the Firemen’s Pension Scheme Order 1973 .
Variation of Scheme
2
1
The Schedule to this Order has effect for varying the 1973 Scheme.
2
A reference in the Schedule to a numbered article or Schedule is a reference to the article or Schedule identified by that number in the 1973 Scheme.
Kenneth Baker
One of Her Majesty’s Principal Secretaries of State
Home Office
17th April 1991
We approve
Irvine Patrick
Sydney Chapman
Two of the Lords Commissioners of Her Majesty’s Treasury


text:
Citation, commencement and interpretation
1
–
1
These Regulations may be cited as the Local Government Act 1988 (Competition) (Leeds City Council) (Refuse Collection) Regulations 1991 and shall come into force on 31st December 1991. (2) In these Regulations–
“ the Act ” means the Local Government Act 1988;
“the Council” means Leeds City Council;
“specified work” means work falling within the defined activity mentioned in section 2(2)(a) of the Act (collection of refuse);
“the Map” means the map entitled
“Map referred to in the Local Government Act 1988 (Competition) (Leeds City Council) (Refuse Collection) Regulations 1991”, copies of which shall be deposited until 1st January 1998 at the office of the Secretary of State for the Environment and at the principal office of the Council.
Application of section 6 of the Act
2
1
Section 6 of the Act shall apply to specified work which is proposed to be carried out by the Council on or after 1st January 1998 in the area shown edged red on the Map.
2
That section shall apply to any specified work which is proposed to be carried out by the Council on or after 1st January 1993 in any other area.
Disapplication of previous regulations
3
Regulation 5 of the Local Government Act 1988 (Defined Activities) (Competition) (England) Regulations 1988 shall not apply to specified work which is proposed to be carried out by the Council.
Michael Heseltine
Secretary of State for the Environment
3rd December 1991