text:
1
These Regulations may be cited as the Non-Domestic Rating (Payment of Interest) (Amendment) Regulations 1991 and shall come into force on 16th October 1991.
2
1
The Non-Domestic Rating (Payment of Interest) Regulations 1990 “the principal Regulations” shall be amended in accordance with these Regulations.
2
The amendments in regulation 5 shall have effect only in respect of cases where the entitlement under regulation 3 of the principal Regulations arises in consequence of an alteration of a rating list made on or after the day on which these Regulations come into force.
3
1
Regulation 2(1) (definitions) shall be amended as follows.
2
After the definition of “the Local Lists Regulations” there shall be inserted —
“adjusted amount”, in relation to a relevant period and a ratepayer, means the amount of his liability for the year or part in which the relevant period falls, as last adjusted under the Central Lists Regulations (or, as the case may be, the Local Lists Regulations) since the time of payment but before the date of the relevant alteration;
.
3
After the definition of “alteration”, there shall be inserted —
“amount payable”, in relation to a ratepayer, means the amount of his liability for a chargeable financial year or part of a chargeable financial year, calculated as mentioned in regulation 2(1) of the Central Lists Regulations or, as the case may be, regulation 3(1) of the Local Lists Regulations;
.
4
For the definition of “liability” there shall be substituted —
“liability”, in relation to a ratepayer, means —
his liability under section 43 or 45 of the Act in relation to the hereditament
in question or any hereditament entered in a rating list in substitution for all or part of that hereditament; or
his liability under section 54 of the Act;
5
For the definitions of “overpayment” and “repayment” there shall be substituted the following three definitions —
“overpayment”, in relation to a ratepayer, means —
in relation to the first (or only) relevant period, the amount by which the total of the sums paid in that period in satisfaction of, or towards, the amount payable by him or any adjusted amount (as ascertained, in either case, without reference to the relevant alteration) for the year or part in which that period falls, exceeds the amount payable for that year or part (as established as a consequence of the relevant alteration) or, where regulation 6 applies, the amount, if greater, payable pursuant to the application or appeal referred to in that regulation in respect of the year or part; and
in relation to any other relevant period, the amount by which the total of the sums paid in that period and each earlier relevant period in satisfaction of, or towards, the amounts payable by him or any adjusted amount (as ascertained, in either case, without reference to the relevant alteration) for the years or parts in which each such period falls, exceeds the total of the amounts payable for those years or parts (as established in consequence of the relevant alteration) or, where regulation 6 applies, the total of the amounts, if greater, payable pursuant to the application or appeal referred to in that regulation in respect of those years or parts; disregarding (in either case) any amount constituting an overpayment in relation to any earlier relevant period;
“relevant alteration”, in relation to a repayment, means the alteration in respect of which the repayment falls to be made;
“repayment” means the repayment, or as the case may be the crediting, of any amount, in accordance with the Central Lists Regulations or the Local Lists Regulations;
.
4
Regulation 4 (rates of interest) shall be amended —
a
in paragraph (1), by the substitution for the words from “the arithmetic mean” to the end of the paragraph of the words “the standard rate.”;
b
by the substitution for paragraph (2) of the following:
2
For the purposes of paragraph (1) —
a
the standard rate, in relation to a year or part of a year, is the base rate quoted by the reference banks and effective on 15th March (or, if that day is not a business day, the next business day) of the preceding year; or, if different base rates are quoted and so effective, the rate which, when the base rate quoted by each bank is ranked in a descending sequence of seven, is fourth in the sequence;
b
the reference banks, in relation to any 15th March, are the seven largest institutions —
i
authorised by the Bank of England under the Banking Act 1987 and
ii
incorporated in and carrying on a deposit-taking business within the United Kingdom,
which quote a base rate in sterling effective as mentioned in subparagraph (a); and
c
the size of an institution is to be determined by reference to its total consolidated gross assets denominated in sterling, as shown in its audited end-year accounts last published before the relevant 15th March.
3
In paragraph 2(c), the reference to the consolidated gross assets of an institution is a reference to the gross assets of that institution together with any subsidiary (within the meaning of section 736 of the Companies Act 1985) .
.
5
In regulation 5 (amount of payment) —
a
in paragraph (a), for the definition of “B”, there shall be substituted —
“B is the number of days in the relevant period or, where the effective date falls after the beginning of that period, the number of days in the period beginning on the effective date and ending on the last day of the relevant period;”; and
in paragraph (b), for the definition of “E”, there shall be substituted —
“E is the number of days in the relevant period or, where the period falls within the year of effective alteration and the effective date falls after the beginning of that period, the number of days in the period beginning on the effective date and ending on the last day of the relevant period;”.
Michael Heseltine
Secretary of State for the Environment
12th September 1991
David Hunt
Secretary of State for Wales
17th September 1991


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Lifecare National Health Service Trust (Transfer of Trust Property) Order 1991 and shall come into force on 1st December 1991.
2
In this Order —
“the Agreement” means an agreement made between the Authority and the Trust dated 2nd October 1991;
“the Authority” means the Croydon Health Authority;
“overall percentage change” means the difference between the value of the total investments at the beginning of the relevant period and the value of those investments at the end of that period, expressed as a percentage (plus or minus) of the value of those investments at the beginning of that period;
“the relevant period” means the period which begins on 1st April 1991 and ends immediately before the transfer date;
“specific percentage change” means the the difference between the value of the specified investments at the beginning of the relevant period and the value of those investments at the end of that period, expressed as a percentage (plus or minus) of the value of those investments at the beginning of that period;
“the specified investments” means the investments specified in Appendix 2 to the Agreement;
“the total investments” means all the trust investments of the Authority including the specified investments;
“the Transfer date” means 1st December 1991;
“the trust” means the Lifecare National Health Service Trust;
“trust fund balances” means the balances at the transfer date held in the trust funds specified in Appendix 1 to the Agreement.
Transfer of Trust Property
2
1
On the transfer date there shall be transferred to the Trust from the Authority —
a
subject to paragraphs (2) to (6) of this article, the balances held in the trust funds specified in Appendix 1 to the Agreement,
b
the investments specified in Appendix 2 to the Agreement.
2
Where the overall percentage change differs from the specific percentage change, the trust fund balances shall be altered in accordance with paragraphs (3) to (6) of this article.
3
There shall be taken the difference between —
a
the value of the specified investments at the end of the relevant period “the actual value”; and
b
the value of the specified investments at the beginning of the relevant period adjusted by the overall percentage change “the notional value”.
4
Where the notional value exceeds the actual value, the aggregate value of the trust fund balances shall be increased by the amount of the excess.
5
Where the notional value falls short of the actual value, the aggregate of the trust fund balances shall be reduced by the amount of the shortfall.
6
The amount of any increase or reduction shall be allocated to each of the trust fund balances in the same proportion as that balance bears to the aggregate of the trust fund balances.
Signed by authority of the Secretary of State for Health
Stephen Dorrell
Parliamentry Under Secretary of State,
Department of Health
7th November 1991


text:
Citation and commencement
1
This Order may be cited as the Road Traffic Act 1991 (Commencement No. 1) Order 1991.
2
In this Order “the 1991 Act ” means the Road Traffic Act 1991.
Commencement of Provisions
3
The provisions of the 1991 Act specified in the first column of the Schedule which relate to the matters specified in the second column of the Schedule shall come into force on 1st October 1991 subject to the limitations (if any) specified in the third column of the Schedule.
Signed by authority of the Secretary of State for Transport
Christopher Chope
Parliamentary Under Secretary of State,
Department of Transport
10th September 1991


text:
1
This Order may be cited as the Combined Probation Areas (Greater Manchester) Order 1991 and shall come into force on 19th January 1991.
2
That part of Schedule 2 to the Combined Probation Areas Order 1986 which relates to the Greater Manchester Probation Committee shall be amended by omitting the entries in respect of the petty sessions areas of Makersfield and Wigan and inserting in alphabetical order in column 1 “Wigan” and corresponding to this in column 3 “4”.
3
The members of the Greater Manchester Probation Committee appointed before 1st January 1991 by the justices for the petty sessional divisions of Makerfield and Wigan shall continue in office as if they had been appointed by justices for the new petty sessional division of Wigan.
Kenneth Baker
One of Her Majesty’s Principal Secretaries of State
Home Office
18th January 1991


text:
Citation, commencement and interpretation
1
–
1
This Order may be cited as the South Yorkshire Metropolitan Ambulance and Paramedic Service 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 South Yorkshire Metropolitan Ambulance and Paramedic Service 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 South Yorkshire Metropolitan Ambulance and Paramedic Service 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 manage ambulance and patient transport services provided from Ambulance Service Headquarters, Fairfield, Moorgate Road, Rotherham S60 2BQ 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 Rotherham 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 Rotherham 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 Rotherham Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Stephen Dorrell
Parliamentary Under Secretary of State,
Department of Health
21st October 1991


text:
Citation and commencement
1
This Order may be cited as the Local Government Reorganisation (Capital Money) (Greater London) Order 1991 and shall come into force for the purposes of article 5 on 28th March 1991 and for all other purposes on 1st April 1991.
Interpretation
2
In this Order, except where the context otherwise requires
“the 1985 Act ” means the Local Government Act 1985;
“the 1988 Act ” means the Education Reform Act 1988;
“the 1989 Act ” means the Local Government and Housing Act 1989;
“the 1990 Order ” means the Local Government Reorganisation (Capital Money) (Greater London) Order 1990 ;
“capital money” means money specified in article 3 below;
“charging authority” means a charging authority in Greater London;
“County Hall” means the land and buildings previously owned by the Greater London Council and known as the Main Building, the North Block, the South Block and the Island Block, the site of the former Addington Street Annexe, all ancillary service areas and car parks and the bridge which links the Island and South Blocks;
“distributable capital money” means the money described in article 3(1)(a) below;
“the Residuary Body ” means the London Residuary Body.
Capital money
3
1
Subject to paragraph (2), money received by the Residuary Body of the following descriptions is hereby specified as capital money for the purposes of section 77 of the 1985 Act —
a
money received by the Residuary Body on or after 1st April 1990 which, if the Residuary Body were a county council, would be capital receipts of that council for the purposes of Part IV of the 1989 Act (revenue accounts and capital finance of local authorities) other than —
i
money received by the Residuary Body as trustee of a fund which may be applied only for charitable purposes;
ii
money attributable to the disposal of property, other than land, which immediately before its disposal was held by the Residuary Body for the purposes of the Greater London Supplies Division of its Operational Services Department;
iii
money described in sub-paragraph (b) below;
b
money attributable to the disposal of the whole or any part of County Hall;
c
money which was specified as capital money for the purposes of section 77 of the 1985 Act by an order made under that section before the coming into force of this article and was not payable to a charging authority pursuant to any such order.
2
Paragraph (1) does not apply in respect of any money the receipt of which is solely attributable to the exercise of the Residuary Body’s functions under the 1988 Act.
Distribution of capital money
4
1
On or before 31st March in each financial year commencing with the year beginning 1st April 1991 the Residuary Body shall pay to each charging authority the appropriate percentage of distributable capital money received by the Residuary Body during that year.
2
For the purposes of this article, “the appropriate percentage” means the appropriate percentage specified in column 2 of the Schedule to this Order opposite the authority specified in column 1.
Application of capital money for 1988 Act purposes
5
1
The Residuary Body may apply up to £45 million of capital money which is not distributable capital money in making compensation payments arising in connection with the abolition of the Inner London Education Authority.
2
In this article “compensation payments” means any payment made under Part VI of the Employment Protection (Consolidation) Act 1978 or section 178 of the 1988 Act, under section 1 of the Pensions (Increase) Act 1971 or any order under section 2 of that Act or section 59 of the Social Security Pensions Act 1975 , under the Education (Reorganisation in Inner London) (Compensation) Regulations 1989 or made in satisfaction of contractual rights saved by section 173 of the 1988 Act, but excluding any part of any such payment which is recoverable from any person other than the recipient; and includes such administrative expenses of the Residuary Body as are properly attributable to such payments.
3
In respect of the financial year ending on 31st March 1991, in this article —
a
“capital money” has the same meaning as in the 1990 Order; and
b
“distributable capital money” means money which is payable to the charging authorities under article 5 of that Order.
Revocations
6
The 1990 Order is hereby revoked.
Michael Heseltine
Secretary of State for the Environment
5th March 1991


text:
Citation, commencement, interpretation and revocation
1
1
This Order may be cited as the Price Marking Order 1991 and, subject to article 19 below, shall come into force on 1st September 1991.
2
In this Order —
“advertisement”, in relation to goods, means any form of representation (including a catalogue, a circular and a price list but not a container or a label) which promotes the sale by retail of those goods;
“food” has the meaning given by section 1(1) and (2) of the Food Safety Act 1990 save that it shall include feeding stuffs for dogs and cats as well as any imitation of any food which is displayed in order to indicate that that food is available for sale by retail;
“goods” has the meaning given by section 61(1) of the Sale of Goods Act 1979 , and shall include any imitation of any goods which are displayed in order to indicate that those goods are available for sale by retail and, unless otherwise expressed, includes food but does not include gas within the meaning given by Part I of the Gas Act 1986 supplied through pipes;
“goods sold from bulk” means goods which are not pre-packed or are not weighed or otherwise measured or counted for sale except in the presence of the buyer, and section 46 of the Weights and Measures Act 1985 shall apply for this purpose as it applies for the purposes of Part IV of that Act, and “food sold from bulk” shall be construed accordingly;
“goods pre-packed in pre-established quantities” means goods pre-packed in such a way that the quantity of goods in the container corresponds to a previously selected quantity (and shall include whole birds and poultry portions that are pre-packed within defined weight grades, all the birds or portions in each such grade being marked with the same weight); “food pre-packed in pre-established quantities” shall be construed accordingly;
“goods pre-packed in variable quantities” means goods pre-packed in such a way that the quantity of goods in the container does not correspond to a previously selected quantity, and “food pre-packed in variable quantities” shall be construed accordingly;
“motor fuel” means fuel of any kind supplied for use in a motor vehicle;
“motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads;
“premises” includes any shop, stall, kiosk or barrow and any vehicle, train, aircraft or vessel; and where a person indicates that goods are available for sale by retail from him in a part of larger premises owned or occupied by another, that part of those premises shall be treated as separate premises;
“sale by retail” does not include sales of goods between private persons nor sales of goods which are bought for the purposes of a trade or commercial activity or which are supplied in the course of the provision of a service;
“selling price” means, in relation to any goods which are or may be for sale by retail, the aggregate sums that the purchaser is required to pay in order to obtain the goods excluding, in the case of motor vehicles, vehicle excise duty;
“unit price” means, in relation to any goods which are or may be for sale by retail, the price expressed by reference to any one of the units of measurement that are referred to in article 6 below or in Schedule 4 to this Order;
any other expressions used have the same respective meanings as given in the Weights and Measures Act 1985.
3
For the purposes of any reference in this Order to the sale by retail of any goods where a person (“the ostensible supplier”) supplies goods to another person (“the customer”) under a hire-purchase agreement, conditional sale agreement or credit-sale agreement within the meaning in each case of the Consumer Credit Act 1974 and where the ostensible supplier —
a
carries on the business of financing the provision of goods for others by means of such agreements, and
b
in the course of that business acquired his interest in the goods supplied to the customer as a means of financing the provision of them for the customer by a further person (“the effective supplier”),
the effective supplier and not the ostensible supplier shall be treated as selling by retail the goods to the customer.
4
The Orders specified in article 5(1) below and in Schedule 3 to this Order are hereby revoked.
Application of Order
2
1
Subject to the provisions of this article, this Order applies to —
a
goods which a person, or someone else on his behalf, indicates are or may be for sale by retail by him, and
b
advertisements in which he, or someone else on his behalf, indicates the selling price or the unit price of goods which are or may be for sale by retail by him;
and references in this Order to “goods” are references to goods to which this Order applies.
2
Advertisements to which paragraph (1)(b) above applies shall not include those advertisements which do no more than indicate a price at which a person who supplies goods to another person (whether to be sold by retail by that person or by some other person) recommends that they be sold by retail or which give no more than a general indication of the price or a range of prices at which he expects they may be sold by retail.
3
Where a person uses or adopts an advertisement such as is mentioned in paragraph (2) above as a means of indicating the price at which goods are or may be for sale by retail by him, that advertisement shall comply with the provisions of this Order.
4
In an advertisement to which this Order applies the indication of the selling price or the unit price shall be made in accordance with the provisions of this Order except that in the case of an advertisement which is not a written advertisement (including an advertisement broadcast by radio or television or transmitted by cable programme service, public address system or displayed by film projection or disseminated by any similar system), such indication need not be given in written or printed form if in all other respects it complies with the provisions of this Order.
5
This Order does not apply to —
a
food which is sold and consumed in hotels, restaurants, cafes, public houses, hospitals, canteens or similar establishments;
b
works of art, or
c
antiques whether or not of an age exceeding one hundred years.
6
This Order does not apply to goods ordered by telephone or post where a purchaser has agreed before or when placing the order that there need be no written indication of the price before the goods are supplied to him.
7
Nothing in this Order shall require a person who is merely demonstrating goods to indicate the selling price or the unit price of those goods, nor shall it require a person who, acting in a market place, is determining the range of prices within which he will invite offers for purchase to indicate the selling price or the unit price of those goods until such time as he has determined the point in that range at which he will invite offers for them.
Obligation to indicate selling price
3
1
Where a person indicates that any goods (being goods other than motor fuel) are or may be for sale by retail, he shall indicate in writing the selling price of those goods in accordance with the following provisions of this Order.
2
a
The selling price shall be indicated either —
i
in the case of goods sold from bulk, by reference either to a unit of measurement or to a single item or to a specified quantity of the goods, or
ii
in the case of other goods, by reference to a single item or to a specified quantity of the goods.
b
Where the selling prices at which different quantities of goods may be purchased do not vary in the same proportion to each other as the quantity of the goods, the indication of the selling price shall include sufficient information to enable the purchaser to calculate what the selling price of any quantity of the goods is.
Obligation to indicate unit price and exemptions
4
1
Where a person indicates that any of the goods referred to in paragraph (2) below are or may be for sale by retail, he shall, except where exempted pursuant to paragraphs (3) and (4) below, indicate in writing the unit price of those goods in accordance with the following provisions of this Order.
2
The goods referred to above are —
a
goods sold from bulk;
b
goods pre-packed in variable quantities; and
c
on or after 7th June 1995, goods pre-packed in pre-established quantities which —
i
are specified in column (1) of Part I of Schedule 1 to this Order (except goods sold in the ranges of nominal quantities specified in relation to those goods either in column (2) or (3) thereof as the case may be);
ii
are specified in column (1) of Part II of Schedule 1 to this Order (except goods sold in the ranges of container capacities specified in column (2) in relation to those goods);
iii
are specified in column (1) of Part I of Schedule 1 to this Order when the goods are contained in aerosols (except as provided in paragraph (4)(b)) below; or
iv
being intoxicating liquor and other liquids specified in column (1) of Parts I, II and III of Schedule 1 to the Weights and Measures (Intoxicating Liquor) Order 1988 , are specified in that Schedule in paragraph (b) of column (3) of Part I or paragraph (b) or (c) of column (3) of Part II or in paragraph (b), (c) or (d) of column (3) of Part III if they are not made up in one of the prescribed quantities specified in column (2) of each Part.
3
The following goods shall be exempted from the requirement to indicate in writing the unit price in accordance with paragraph (1) above, namely —
da
goods with respect to which —
i
provision has neither been made by or under Part IV of the Weights and Measures Act 1985 to ensure that they are sold only by quantity; nor
ii
has provision been made by or under Part IV of that Act to ensure that they may be pre-packed in or on a container only if the container is marked with an indication of quantity; nor
iii
is there any duty under Part V of that Act to ensure that the container in which they are contained is marked with a statement of quantity;
b
goods which are sold by number or in a bunch;
c
an assortment of different items sold in a single pack of goods;
d
goods sold from vending machines;
e
prepared dishes of food or goods contained in a single pack of goods from which a mixture is to be prepared;
f
fancy products being food made in the form of a figurine, animal, cigarette or egg or in any other fancy form;
g
multi-packs made up of two or more individual packs of goods each of which corresponds to one of the values appearing in a range in Schedule 1 to this Order or each of which, if sold individually, would be exempt from the requirements of this article;
h
a portion of meat or poultry cut at the request of, and in the presence of, an intending purchaser;
i
perishable food sold at reduced prices on account of the danger of its deterioration;
j
goods pre-packed in pre-established quantities specified in column (1) of Schedule 1 to this Order which are —
i
except in the case of goods contained in aerosols, less than the lower limit or more than the upper limit specified in column (2) of Parts I and II of Schedule 1 to this Order in relation to the goods specified in column (1);
ii
in the case of goods contained in aerosols, less than the lower limit or more than the upper limit specified in columns (2) to (4) of Part III of Schedule 1 in relation to goods in the containers specified in column (1);
k
intoxicating liquor and other liquids referred to in paragraph (2)(c)(iv) above in quantities less than the lower limit or more than the upper limit specified in column (2) of Parts I, II and III of Schedule 1 to the Weights and Measures (Intoxicating Liquor) Order 1988;
l
food sold in quantities of less than 50g or 50ml or more than 10kg or 10L; and
m
motor fuel.
4
There shall also be the following exemptions from the requirement to indicate in accordance with paragraph (1) above, namely —
a
in the case of goods described in paragraph (2)(c) above, goods which are for sale on premises where the number of employees who are each normally required to work there for 16 or more hours per week does not exceed two and which the seller (or his servant or agent) ordinarily himself selects and hands to the purchaser or delivers as the purchaser may direct; and
b
in the case of goods described in paragraph (2)(c)(iii) above, goods sold in ranges of volume for goods sold in aerosols specified in columns (2) to (4) of Part III of Schedule 1 to this Order in relation to goods in the containers specified in column (1).
5
Where an indication of quantity for pre-packed goods is marked on the container in or on which those goods are made up, the unit price to be indicated under paragraph (1) above shall be calculated by reference to the selling price and to the indicated quantity of those goods.
6
Where the unit prices of goods vary with the quantity of goods purchased, an indication complies with this article if it is an indication of the unit price for a specified quantity of goods, provided that the indication includes sufficient information to enable the purchaser to calculate what the unit price for any quantity of goods is.
Obligation to indicate unit price for cheese, meat and milk pre-packed in pre-established quantities
5
1
The following Orders are hereby revoked —
The Price Marking (Cheese) Order 1977 ;
The Price Marking (Meat) Order 1977 ;
The Price Marking (Cheese) (Amendment) Order 1978 ;
and in lieu thereof the provisions set out in the paragraphs below shall apply.
2
a
In relation to cheese to which this paragraph applies, the indication of the price thereof shall comply with the requirement stated in sub-paragraph (d) below.
b
In this paragraph “cheese” means any of the following natural cheeses, namely Caerphilly, Cheddar, Cheshire, Derby, Double Gloucester, Dunlop, Edam, Gouda, Lancashire, Leicestershire and Wensleydale;
c
This paragraph shall apply to cheese which is or may be offered or exposed for sale by retail pre-packed in pre-established quantities but not where it is —
i
pre-packed in quantities of 50 grams, 100 grams or multiples of 100 grams;
ii
a whole cheese the net weight of which is not more than 500 grams;
iii
pre-packed in a container made wholly or mainly of ceramic or other rigid material;
iv
in a quantity not exceeding 25 grams;
v
cheese forming part of an assortment of articles of food pre-packed together for consumption together as a meal and ready for such consumption without being cooked, heated or otherwise prepared;
vi
being sold at a reduced price on account of the danger of its deterioration.
d
The requirement mentioned in sub-paragraph (a) is that where the weight of the cheese is marked on the container the indication of the price shall include the unit price calculated by reference to the selling price and to the weight so marked.
3
a
In relation to meat to which this paragraph applies, the indication of the price thereof shall comply with the requirement stated in sub-paragraph (d) below.
b
In this paragraph “meat” means any part of any cattle, sheep or swine.
c
This paragraph shall apply to meat in the display area of any premises which is or may be offered or exposed for sale by retail pre-packed in pre-established quantities and whether as fresh, chilled or frozen meat, but shall not apply —
i
if the piece of meat is offered or exposed for sale, and
a
the weight is less than 25 grams, or
b
the selling price does not exceed 30p and is marked on or in relation to the meat, and
if (in either case) any indication of a unit price which might be taken as applying to that piece of meat makes it clear that it does not so apply;
ii
to processed meat, including meat which has been cured, smoked and otherwise treated including by the addition of salts, curing agents or other substances, resulting in a change in the natural state of the meat but not including treatment with proteolytic enzymes, boning, paring, grinding, mincing, cutting, cleaning or trimming;
iii
to products commonly known as beefburgers, hamburgers or porkburgers consisting wholly or partly of meat;
iv
to heads, feet and trotters;
v
to bones, waste and scrap;
vi
to meat when offered or exposed for sale as a single item together with other foods;
vii
if the meat is being sold at a reduced price on account of the danger of its deterioration.
d
The requirement mentioned in sub-paragraph (a) above is that where the indication of weight is marked on the container in or on which the meat is made up, the indication of the price shall include the unit price calculated by reference to the selling price and to the weight so marked.
4
For the purposes of paragraph (3)(c) above, “display area” in relation to any premises on which the meat is offered or exposed for sale, means windows, including the beds thereof, and display rails in windows, and cabinets, counters and shelves for the display of the meat to an intending purchaser.
5
In relation to milk to which the Price Marking (Pre-packed Milk in Vending Machines) Order 1976 applies —
a
the following amendment shall be made to that Order, namely, in article 1(2) in the definition of “unit price” after the word “pint” there shall be added “or the price per litre”;
b
the unit price shall be expressed by reference to the same unit of quantity by capacity measurement (pint or litre) as appears in the indication which is required to be displayed on or in the vending machine by virtue of article 11(3)(a) of the Weights and Measures (Miscellaneous Foods) Order 1988 .
Units of measurement to be used for unit pricing
6
The unit price required to be indicated under article 4 and article 5(2) or (3) above shall be expressed in the following terms, that is to say in relation to —
a
any item of food that is included in Part I of Schedule 4 to this Order, by reference to the kilogram or the pound;
b
any item of food that is not included in Part I of Schedule 4 to this Order, by reference to any one of the units of measurement specified in Part II of that Schedule;
c
any item of goods (not being food) that is included in Part III of Schedule 4 to this Order, by reference to one of the units of measurement specified opposite that item;
d
any item of goods (not being food) that is not included in Part III of Schedule 4 to this Order, by reference to any of the units of measurement specified in Part IV of that Schedule.
Special provisions relating to unit prices of food sold by reference to metric units of measurement
7
1
Subject to paragraph (3) below, an indication of the unit price of any food required to be indicated under article 4(2)(a) and (b) and article 5(2) and (3) above by reference to a metric unit of measurement shall be accompanied in close proximity by an indication of the unit price by reference to the imperial units of measurement specified in paragraph (2) below.
2
The imperial units of measurement referred to in paragraph (1) above shall —
a
in the case of any item of food that is included in Part I of Schedule 4 to this Order, be the pound;
b
in the case of any item of food that is not included in Part I of Schedule 4 be —
i
either the pound or ¼lb in cases where the indicated metric unit of measurement of weight is the kilogram or 100 grams, and
ii
either the gallon or pint in cases where the indicated metric unit of measurement of volume or capacity is the litre or 100 millilitres.
3
The indication to be made under paragraph (1) of this article by reference to an imperial unit of measurement shall be regarded as being in close proximity to the indication of the unit price by reference to the metric unit of measurement if it be made in close proximity to that indication in whichever manner that latter indication is made in relation to the item of food in question pursuant to article 8(4) below.
4
In the case of any food sold from bulk, where any item of such food required to be indicated under article 4(1) above on any premises is weighed or measured in metric units, all unit prices of such food so sold on those premises shall (subject to paragraph (5) below) be indicated by reference to metric units of measurement.
5
Where all or any of the equipment on the premises used for weighing or measuring any food as is referred to in paragraph (4) above is being adapted to measure in metric units of measurement, that paragraph shall not apply for a period of 28 days beginning with the date on which unit prices of any such food are first indicated on such premises by reference to those units.
Manner of indication of selling price or unit price of goods
8
1
This article applies to goods other than motor fuel.
2
The indication of price or the display of a statement referred to in this Order shall be —
a
unambiguous and easily identifiable by a prospective purchaser as referring to the goods in question; and
b
clearly legible by a prospective purchaser.
3
The indication of the selling price referred to in article 3(1) above shall —
a
where the goods are exposed for sale by retail, be marked in any one or more of the following ways, namely —
i
on the goods or, if the goods are pre-packed, on the container;
ii
on a ticket or notice displayed on or in close proximity to the goods to which it refers;
iii
grouped together with other prices on a list in close proximity to the goods to which it refers;
b
where the goods are not exposed for sale but where there is an indication that the goods are or may be for sale by retail, be given as follows —
i
in any case (including but not limited to cases of sales by way of mail order) where the indication that goods are or may be for sale by retail is given solely by means of advertisement, the indication shall appear in each and every advertisement in which there appears an invitation to purchasers to place an order for the goods; and
ii
in other cases, appear on the goods, or if the goods are pre-packed, on the container, or be included in a catalogue or price list, or appear by means of a visual display on a screen (including one forming part of an electronic point of sale system) or unit provided the relevant entry thereon shall have been shown to the purchaser before he offers to purchase the goods.
4
The indication of the unit price referred to in article 4(1) above shall be marked in one or both of the following ways —
a
on or adjacent to the goods or, if the goods are pre-packed, on or adjacent to the container;
b
together with other indications of the unit prices of other goods referred to in article 4(2) above in the form of a list or otherwise.
5
Where the indication of a unit price has been calculated by reference to the gross weight of the goods that fact shall be clearly indicated.
6
Where any advertisement or catalogue mentions the selling price of any goods that advertisement or catalogue shall also indicate the unit price if those goods are goods in respect of which an indication of the unit price is required to be made under article 4 above.
7
If the selling price at which any goods are or may be for sale by retail is the same as the unit price at which those goods are or may be for such sale, the indication of the selling price that is required to be made under this Order may be made either in accordance with the requirements of paragraph (3) above or with those of paragraph (4) above.
Value added tax and other taxes
9
1
This article applies to goods other than motor fuel.
2
In this article “ VAT ” means the value added tax chargeable on the supply of the goods or services in question and “other tax” means any other tax or duty to which any goods or services are subject.
3
Subject to the provisions of article 8 above, where a person indicates in accordance with this Order that any goods are or may be for sale by retail, the selling price or the unit price that is indicated on or in relation to those goods shall be indicated in such a manner as to be inclusive of any VAT or other tax relating to those goods.
4
The indication of price may be indicated exclusive of any VAT or other tax where the sale of goods on any premises or arising out of any advertisement is mainly to persons carrying on business and where, in addition to the indication of price, there is displayed either —
a
a statement of the price inclusive of VAT and any other tax payable with equal prominence to the indication of price; or
b
a statement of the amount of the VAT or other tax payable expressed as a sum of money with equal prominence to the indication of price; or
c
prominent general statements that VAT or other tax is payable in addition to the prices indicated and stating the amount of the VAT or other tax expressed as a percentage.
5
The provisions of this Order shall be complied with notwithstanding any change in the rate or coverage of VAT or any other tax, provided that where there is any such change a retailer who adjusts his prices in consequence thereof may —
a
by means of a general notice or notices for a period of 14 days from the date any such change takes effect, indicate that any goods subject to that change are not for sale at the price indicated and that such price will be adjusted to take account of the change if, but only if, any such notice is prominently displayed, is unambiguous and easily identifiable as referring to the goods in question and is clearly legible to prospective purchasers;
b
continue to distribute any catalogue or sales literature printed or ordered to be printed before a change is announced if, but only if —
i
there is firmly attached thereto a label which prominently states that some or all of the prices printed therein are to be adjusted to reflect the change, and
ii
it includes sufficient information to enable prospective purchasers to establish the adjusted prices of any goods listed, or
iii
it refers to and is accompanied by a supplement which enables them to do so.
Ancillary goods and services
10
1
Where in connection with goods (whether pre-packed or otherwise) which are or may be for sale by retail other goods or services (in this paragraph and in paragraph (3) below referred to as “ancillary goods or services”) are provided and are required to be paid for in order to obtain those goods, the price of those goods shall be indicated so as to show that it is a price which is either inclusive or exclusive of the ancillary goods or services.
2
Where in connection with any such sale as is mentioned in paragraph (1) above there is an actual or prospective regulated consumer credit agreement under the Consumer Credit Act 1974 there need not be included in the price any charges included in the total charge for credit to be provided under that agreement.
3
Where the price is indicated as being exclusive of ancillary goods or services the price of the ancillary goods or services shall be indicated as prominently as the indication of the price of the goods.
4
In the case of the sale by retail of motor vehicles, if the number plates for the vehicle are excluded from the price there shall be a statement that this is so.
5
The price indicated in a catalogue or price list may be indicated in such a manner as to be exclusive of any amount required to be paid for postage, packing or delivery, if —
a
a statement of any amounts required to be paid for such services expressed as a sum of money is made at the beginning or end of the catalogue or price list; and
b
a reference to the effect that an amount is required to be paid for such services, and to the page on which the amount is shown, appears on each page on which a price is indicated exclusive of any amount for such services as prominently as any price indicated on that page.
Price marking and different methods of payment
11
Where a person indicates that any goods (being goods other than motor fuel) are or may be for sale by retail and different prices are to apply for different methods of payment for those goods, the selling price or the unit price required to be indicated under this Order may relate to one of those methods only; provided that nothing in this article shall affect the obligations of that person with regard to differential pricing pursuant to the Price Indications (Method of Payment) Regulations 1991 .
Special definitions in relation to sales of motor fuel
12
For the purposes of articles 13 to 16 below and Schedule 2 to this Order —
“equivalent price per gallon”, in relation to a price per litre, means the price that would be payable if the price were calculated by reference to the gallon on the basis that one litre is equivalent to 0.22 gallon, rounded up to the nearest tenth of a penny;
“price”, except in the next following definition, means a price per gallon or per litre for the sale of motor fuel and in article 16(1)(b) below, Part I and paragraphs 5(3)(b) and 7 of Schedule 2 includes a price the amount of which is calculated by, or is dependent upon, some factor other than the measure of volume of the motor fuel supplied;
“price display premises” means premises on which motor fuel is or may be for sale by retail and on which is displayed information legible to a person in a motor vehicle on the highway as to or concerning the price of motor fuel or of any grade or type of motor fuel, not being an indication of price given in compliance with article 13 below;
“pump” means a measuring instrument for measuring and delivering quantities of motor fuel primarily into the tanks of motor vehicles; and
references in article 16(1) below and in paragraph 5(3) of Schedule 2 to “method of payment” do not include a method of payment which is available only to persons having a pre-existing contractual or other connection with the person indicating the price in question or with some person connected with him, being a connection which relates principally to matters other than payment in respect of transactions between that person and the purchaser, and references in paragraph 5(3) of Schedule 2 to “different circumstances” and in paragraph 9(2) of Schedule 2 to “some condition” do not include an arrangement relating to the amount payable only by such persons.
Prices for sale of motor fuel to be indicated on pumps
13
Subject to article 15 below, where a person indicates that motor fuel is or may be for sale by retail on any premises, he shall give an indication in writing on the pump of the price of the motor fuel which complies with the relevant provisions of Parts I and II of Schedule 2 to this Order.
Prices for sale of motor fuel to be indicated on price display premises
14
1
Where a person indicates that motor fuel is or may be for sale by retail on any price display premises, he shall, in addition to the indication required to be made on the pump under article 13 above, give an indication in writing of the price of the motor fuel which complies with the relevant provision of Parts I and III of Schedule 2 to this Order.
2
The price indicated under paragraph (1) above in respect of any grade or type of motor fuel shall be the price calculated by reference to the same method of payment and the same circumstances as are indicated on the pumps for that grade or type pursuant to article 13 above.
Prices of motor fuel sold by reference to the litre
15
1
Subject to paragraph (2) below, an indication of price of any motor fuel on any premises by reference to the litre shall not be sufficient compliance with article 13 above unless —
a
it is followed by an indication of the equivalent price per gallon, adjacent to the price indicated under that article, or
b
the price of the motor fuel followed by the equivalent price per gallon are indicated in close proximity.
2
Paragraph (1) above shall not apply where there is displayed in accordance with paragraph (4) below a chart indicating clearly by means of juxtaposed, parallel, straight, linear scales the price per litre for the motor fuel and the equivalent price per gallon at equally spaced intervals on each scale of not more than one penny.
3
Where the price of any motor fuel is indicated under article 13 above on any premises by reference to the litre, all prices of motor fuel which is or may be for sale by retail on the premises shall be indicated by reference to the litre: provided that where all or any of the pumps are being adapted to measure in litres this provision shall not apply for a period of 28 days beginning with the date on which motor fuel is first delivered from a pump on the premises by reference to the litre.
4
A chart displayed pursuant to paragraph (2) above shall —
a
indicate prominently in figures comparable prices per litre and per gallon —
i
in multiples of not more than 5 pence per gallon and 1 penny per litre, and
ii
on a ground of a different colour in respect of litres to that in respect of gallons; and
b
in addition, indicate prominently the equivalent amount in gallons of 1 litre, 5 litres and 50 litres.
Price indication for motor fuel at point of payment
16
1
On any premises where motor fuel is for sale by retail, at the point where the payment therefor is made there shall be made available by the person making that sale a statement of —
a
any method of payment (being a method of payment accepted by that person) to which the price he has indicated pursuant to article 13 above does not apply, and
b
either
i
the price payable under each method mentioned in (a) above or,
ii
the difference between the price payable by each such method of payment and the price that person has marked on the pumps pursuant to article 13 above and paragraph 5(1) of Schedule 2 to this Order expressed (as the case may require) as an addition to, or a deduction from, that price in terms of a percentage thereof or an amount of money.
2
The statement referred to in paragraph (1) above shall comply with Part I of Schedule 2 to this Order and shall be —
a
clear and legible, and
b
in a prominent position and at all times readily discernible and easily read by the purchaser at that point of payment.
Special provisions relating to jewellery and precious metals
17
1
The obligation to indicate the selling price referred to in article 3(1) above in cases where the goods concerned are items of jewellery or precious metal priced in excess of £2,500 and which are displayed in a window of the premises where they are for sale may, in lieu of the indication required under article 8(3) above, be complied with in one of the following ways, namely —
a
by indicating on or next to the goods a code number by reference to which the prospective purchaser can by entering that number on an external keypad obtain a visual indication of the price; or
b
by showing to the prospective purchaser before he offers to purchase the goods an indication of the price in a catalogue or price list or as a visual display on a screen or unit.
2
The obligation to indicate the selling price referred to in article 3(1) above in cases of items the price of which varies from day to day according to the price of the precious metals contained in them may be complied with by indicating, in a manner which complies with article 8(2) above, on, or in close proximity to, each of the items —
a
the weight, type and standard of fineness of each precious metal contained in them, and
b
any element of the price which is not referable to weight,
accompanied by a legible notice stating the price per unit of weight for the type and standard of fineness of each precious metal contained in the items on display.
3
In this article “precious metal” means gold, silver or platinum, or any other metal to which by an order under section 17 of the Hallmarking Act 1973 the provisions of that Act are applied and “standard of fineness” means any one of the standards of fineness specified in column (2) of paragraph 2 of Schedule 2 to that Act.
Special provisions relating to general reductions
18
In any case where a retailer is proposing to sell goods to which this Order applies at less than the selling price or the unit price which is marked on those goods in one or more of the ways mentioned respectively in article 8(3) or (4) above, he may either —
a
mark the goods, container, ticket, notice or list (as the case may be) with an indication of the reduced price, or
b
indicate that the goods (whether they be goods on all or a part of his premises, on or in a specific shelf, counter or table in his premises, or marked with a particular symbol or label) are for sale at a price reduced by reference to a fraction or percentage displayed on a general notice, provided that —
i
such notice is prominently displayed, is unambiguous and easily identifiable as referring to the goods in question and is clearly legible to prospective purchasers, and
ii
before purchase of the goods in question prospective purchasers are given (orally or in writing) a statement of what the reduced price is.
Transitional provisions
19
The provisions of this Order shall not apply in relation to an indication given —
a
in a catalogue of which copies have been sent for printing before 1st November 1991;
b
in a periodical published before that date, being a periodical ordinarily published at regular intervals of more than 7 days;
c
in a direct mail advertisement, circular or price list first issued before that date;
d
in a cinematograph film or programme included in a cable programme service first exhibited before that date or in a radio or a television broadcast first broadcast before that date.
E. Leigh
Parliamentary Under-Secretary of State,
Department of Trade and Industry
3rd June 1991


text:
1
This Order may be cited as the Attachment of Earnings (Employer’s Deduction) Order 1991 and shall come into operation on 1st April 1991.
2
On any occasion when, after the coming into operation of this Order, an employer makes a deduction from a debtor’s earnings in compliance with an attachment of earnings order, he shall be entitled to deduct, in addition, £1.00 towards his clerical and administrative costs, in lieu of the sum of 50 pence prescribed by the Attachment of Earnings (Employer’s Deduction) Order 1980 ; and section 7(4)(a) of the Attachment of Earnings Act 1971 shall have effect accordingly.
3
The Attachment of Earnings (Employer’s Deduction) Order 1980 is hereby revoked.
Mackay of Clashfern, C.
Dated 27th February 1991


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Mobility Allowance and Adjudication) Amendment Regulations 1991 and shall come into force on 10th April 1991.
Amendment of the Mobility Allowance Regulations 1975
2
1
Regulation 3 of the Mobility Allowance Regulations 1975 (circumstances in which, for the purposes of section 37A of the Social Security Act 1975, a person is or is not to be treated as suffering from physical disablement such that he is unable or virtually unable to walk) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1)(b) for the words “while out of doors” there shall be substituted the words “while out of doors; or”.
3
After paragraph (1)(b) there shall be added the following sub-paragraph–
c
he has both legs amputated at levels which are either through or above the ankle, or he has one leg so amputated and is without the other leg, or is without both legs, to the same extent as if it, or they, had been so amputated.
.
4
In paragraph (2) for the words “A person shall not be treated” there shall be substituted the words “Unless paragraph (1)(c) applies to him a person shall not be treated”.
Amendment of the Social Security (Adjudication) Regulations 1986
3
In regulation 56(2) of the Social Security (Adjudication) Regulations 1986 (reference of medical questions for report)–
a
in head (iii) of sub-paragraph (b) for the words “section 84(1) of the 1986 Act” there shall be substituted the words “section 84(1) of the 1986 Act; or”; and
b
after sub-paragraph (b) there shall be added the following sub-paragraph–
c
the evidence before him as to a person’s medical condition where paragraph (1)(c) of regulation 3 of the Mobility Allowance Regulations 1975 (circumstances in which, for the purposes of section 37A of the 1975 Act, a person is or is not to be treated as suffering from physical disablement such that he is unable or virtually unable to walk) is relevant to the claim.
.
Signed by authority of the Secretary of State for Social Security
Nicholas Scott
Minister of State,
Department of Social Security
13th March 1991


text:
1
The Regulations may be cited as the Drivers' Hours (passenger and Goods Vehicles) (Exemption) Regulations 1991 and shall come into force on 9th February 1991.
2
A driver who during any working day or any working week spends time in driving passenger or goods vehicles and who spends time driving or on duty during that day or week to meet the special need occasioned by severe weather conditions or the effects or consequences of severe weather conditions is exempted from the requirements of the domestic drivers' hours code in respect of that day or that week.
Signed by authority of the Secretary of State for Transport
Roger Freeman
Minister for Public Transport,
Department of Transport
8th February 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Parkside 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 Parkside 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 Parkside 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 manage community health services provided from Paddington Community Hospital, Woodfield Road, London W9 2BB 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 Parkside 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 Parkside 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 Parkside Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Virginia Bottomley
Minister of State,
Department of Health
21st October 1991


text:
1
This Order may be cited as the Gipsy Encampments (District of Corby) Order 1991 and shall come into force on 27th September 1991.
2
The area of the District of Corby is designated as an area to which section 10 (prohibition of unauthorised camping in designated areas) of the Caravan Sites Act 1968 applies.
Signed by authority of The Secretary of State
G. S. K. Young
Minister of State,
Department of the Environment
28th August 1991


text:
Citation and commencement
1
This Order may be cited as the Erskine Bridge Tolls Extension Order 1991 and shall come into force on the day after the day on which it is approved by resolution of the House of Commons.
Provision
2
It is hereby directed that the period of twenty years referred to in section 4(1) of the Erskine Bridge Tolls Act 1968 shall be extended by five years.
James Douglas-Hamilton
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
12th May 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No.6) Order 1991 and shall come into force at 17.00 hours on 23rd July 1991.
2
In this Order “bivalve mollusc” means bivalve molluscs of the class of lamellabranchia, and “relevant time” means one minute past midnight on 23rd July 1991.
Designated circumstances
2
In the opinion of the Secretary of State, bivalve molluscs in the area designated in article 3 below may be affected by the toxin which causes Paralytic Shellfish Poisoning in human beings and are likely to create a hazard to human health if they are consumed.
Designated area
3
The area described in the Schedule to this Order is hereby designated for the purposes of Part I of the Food and Environment Protection Act 1985.
Activity prohibited in the designated area
4
No person shall fish for or take any bivalve molluscs in the designated area.
Prohibited movement of bivalve molluscs
5
No person shall move any bivalve molluscs out of the designated area.
Restrictions throughout the United Kingdom
6
No person shall in the United Kingdom or in United Kingdom waters–
a
use any bivalve molluscs taken out of the designated area after the relevant time in the preparation or processing for supply of food and anything from which food could be derived,
b
land any bivalve molluscs which were in waters in the designated area after the relevant time,
c
supply, or have in possession for supply, any bivalve molluscs which were in the designated area after the relevant time,
d
supply, or have in possession for supply, any food or anything from which food could be derived in the preparation or processing of which anything was used in contravention of sub-paragraph (a) of this article,
e
feed to any creature a feeding stuff in the preparation or processing of which anything was used in contravention of sub-paragraph (a) of this article.
L. P. Hamilton
Secretary, Scottish Office
Pentland House,
Edinburgh
23rd July 1991


text:
Citation
1
1
This Order may be cited as the Portsmouth Mile End Quay Harbour Revision Order 1991 and shall come into force on 12th March 1991.
2
The Portsmouth Mile End Quay Harbour Revision Orders 1966 to 1988 and this Order may be cited as the Portsmouth Mile End Quay Harbour Revision Orders 1966 to 1991.
Interpretation
2
1
In this Order the following expressions have the meanings hereby assigned to them respectively:–
“the Act of 1847 ” means the Harbours, Docks and Piers Clauses Act 1847 ;
“the authorised works” means the works authorised by this Order or any part of those works and where any part of those works remain uncompleted, includes the site thereof:
“ the Council ” means the Portsmouth City Council;
“the deposited plan” means the plan prepared in duplicate signed by an Assistant Secretary in the Department of Transport and marked “Plan and Sections referred to in the Portsmouth Mile End Quay Harbour Revision Order 1991”, of which one is deposited at the offices of the Department of Transport and one at the offices of the City Secretary and Solicitor of the Council;
“enactment” means any enactment whether public general or local and includes any order, byelaw, rule, regulation, scheme or other instrument having effect by virtue of an enactment;
“the level of high water” means the level of mean high-water springs;
“the limits of deviation” means the limits of deviation shown on the deposited plan;
“ Trinity House ” means the Corporation of Trinity House of Deptford Strond;
“the Mile End Quay undertaking” means the undertaking of the Council authorised by the Portsmouth Mile End Quay Harbour Revision Orders 1966 to 1991 and the Mile End Gardens (Portsmouth) Act 1978 ;
“ Queen’s Harbour Master ” means the person for the time being appointed to be Queen’s Harbour Master of the Dockyard Port of Portsmouth under the Dockyard Ports Regulation Act 1865 ;
“tidal work” means a work on, under or over any part of the seashore lying below mean high water springs;
“vessel” includes every description of water craft, including non-displacement craft and seaplanes, used or capable of being used as a means of transportation on water.
2
All distances and lengths stated in any description of works, powers or lands shall be construed as if the words “or thereabouts” were inserted after each such distance and length.
Incorporation of Act of 1847
3
1
The Act of 1847 (except sections 6 to 13, 16 to 20, 23, 25 to 27, 31, 48, 49, 50, 67, 81, 82, 84 to 90, 95, 97 and 98 and so much of the proviso to section 83 as follows the words “the special Act”), so far as the same is applicable for the purposes of and is not inconsistent with, or varied by, the provisions of this Order, is hereby incorporated with this Order:
Provided that–
a
section 15 of the Act of 1847 shall have effect as if for the words from “shall forfeit” to the end of the section, there were substituted the words “shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale”;
b
section 34 of the Act of 1847 shall have effect as if, after the word “may”, there were inserted the words “(producing if so required a duly authenticated document showing his authority)”;
c
section 63 of the Act of 1847 shall have effect as if the words “and a further sum of twenty shillings for every hour that such vessel shall remain within the limits aforesaid, after a reasonable time for removing the same has expired after such requisition” were omitted; and
d
section 69 of the Act of 1847 shall have effect as if for the words from “shall forfeit” to the end of the section there were substituted the words “shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale”.
2
In the construction of the Act of 1847 as so incorporated the expression “the special Act” shall mean this Order and the expression “vessel” shall have the meaning assigned to it by Article 2(1) of this Order.
3
a
For the purposes of section 83 of the Act of 1847 as so incorporated sections 236 to 238 of the Local Government Act 1972 shall apply to this Order as if it were such an enactment as is referred to in the said section 236, and:–
i
for the purposes of the said section 236 the confirming authority for byelaws made under the said section 83 shall be the Secretary of State for Transport; and
ii
the said section 236 shall have effect as if in subsection (7) thereof after the word “confirm” where it firstly occurs in the subsection the words “with or without modification” were inserted.
b
If the Secretary of State, on considering byelaws relating to the Mile End Quay undertaking made by the Council and submitted under the said section 236 as having effect in accordance with paragraph (a) above, proposes to make a modification which appears to him to be substantial he shall inform the Council and require them to take any steps he considers necessary for informing persons likely to be concerned with the modification, and shall not confirm the byelaws until such period has elapsed as he thinks reasonable for consideration of, and comment upon, the proposed modification by the Council and by other persons who have been informed of it.
Power to Construct Works
4
1
Subject to the provisions of this Order, the Council may, when they have acquired the necessary lands or obtained sufficient interests therein, make and maintain, within the limits of deviation shown therefor upon the deposited plan the following works in the City of Portsmouth: Two breasting dolphins extending the line of Berths 3 and 4 of the existing Mile End Quay in a westerly direction for a distance of 50 metres.
2
The Council may within the limits of deviation therefor extend, enlarge, alter, replace or relay the authorised works.
3
The Council may authorise any person, company or undertaking to carry out the authorised works, as agent of the Council or otherwise.
Power to Deviate
5
In constructing the authorised works the Council may deviate laterally from the lines or situations thereof shown on the deposited plan to the extent of the limits of deviation.
Further Powers as to Works
6
Subject to the provisions of this Order, the Council may, by means of the authorised works, enclose and reclaim from the foreshore and bed of the sea, and may hold and use as part of the Mile End Quay undertaking, so much of the foreshore and bed of the sea as is situate within the limits of deviation and is required for, or in connection with, the authorised works.
Subsidiary Works
7
Subject to the provisions of this Order, the Council may, in connection with the authorised works and within the limits of deviation, construct, erect, lay down, place, maintain, remove, replace, work or use all necessary or convenient bridges, abutments, booms, pontoons, fenders, tanks, pumps, conduits, pipes, wires, mains, cables, rails, signals, conveyors, cranes, lifts, hoists, passenger side loaders, drops, weighbridges, stairs, stages, platforms, catwalks, landing places, dolphins, buoys, moorings, beacons, approaches, buildings, sheds, offices, depots, roads, walls, fences, gates, equipment, machinery and appliances and such other works and apparatus as they think fit:
Provided that electrical works or equipment constructed, erected, laid down, or placed or maintained, worked or used pursuant to the powers conferred by this article shall be so constructed, erected, laid down or placed, and so maintained, worked or used, that any electricity generated or conveyed by any such works or equipment or used therein or in connection therewith does not cause interference (whether by induction or otherwise) with any telecommunications apparatus or with telecommunication by means of any such apparatus.
Power to Appropriate Lands and Works for Particular Trades etc
8
1
Notwithstanding anything in any statutory provision of local application the Council may from time to time for the purpose of or in connection with the management of the Mile End Quay undertaking set apart and appropriate any part of the undertaking for the exclusive, partial or preferential use and accommodation of any particular trade, person, vessel or class of vessels,or goods, subject to the payment of such charges and subject to such terms, conditions and regulations as the Council may think fit.
2
No person or vessel shall make use of any part of the Mile End Quay undertaking so set apart or appropriated without the consent of the Harbour Master or other duly authorised officer of the Council and the Harbour Master or, as the case may be, such officer, may order any person or vessel making use thereof without such consent to leave or be removed and the provisions of section 58 (Powers of harbour master as to mooring of vessels in harbour) of the 1847 Act shall extend and apply mutatis mutandis to and in relation to any such vessels.
Limits of Harbour Master’s Jurisdiction
9
1
Subject to the provisions of paragraph (2) of this Article, the limits within which the powers of the Harbour Master of the Council may be exercised under and subject to the provisions of the Act of 1847 as incorporated with this Order, and all other powers enabling him in that behalf, shall extend:
a
to a distance of 100 metres in every direction from the works from time to time comprising the Mile End Quay undertaking; and
b
to so much of the dredged channels provided for access to those works and for accommodation of vessels at those works under Article 12 (Power to Dredge, etc) of this Order as extend beyond 100 metres from those works.
2
The powers exercisable by virtue of this article shall be limited to vessels going to, moored at, or departing from Mile End Quay.
3
Subject to the provisions of Article 3 of this Order section 52 of the Act 1847 in its application to the Council and the Harbour Master shall extend to empower the Harbour Master to give directions prohibiting the mooring of vessels in or near to any approach to the works.
4
In case of conflict between any directions given by the Harbour Master of the Council and any directions given by the person for the time being appointed to be the Queen’s Harbour Master of the Dockyard Port of Portsmouth under the Dockyard Ports Regulation Act 1865 , the directions given by the Queen’s Harbour Master shall prevail.
Recovery of Rates in respect of vessels
10
In addition to the remedy given by section 44 of the Act of 1847 as incorporated with this Order and whether the demand which may be made under the section has been made or not the Council may recover any rates to which that section applies as a debt in any court of competent jurisdiction.
Harbour Master may Prevent Sailing of Vessels
11
The Harbour Master may prevent the removal or sailing from the authorised works of any vessel until evidence has been produced to him of the payment of any ship, passenger and goods due and other charges payable in respect of the vessel or of passengers thereon or of the goods imported or exported therein.
Power to Dredge etc
12
1
The Council may with the consent of the Queen’s Harbour Master enter upon and from time to time dredge, scour, deepen and improve the bed, shores and channels of the sea adjoining or near to the authorised works for the purpose of affording uninterrupted means of access thereto or the accommodation of vessels thereat.
2
Without prejudice to the generality of paragraph (1) of this Article, the Council may exercise the powers of that paragraph so as to ensure a depth of 7 metres below admiralty chart datum in the vicinity of, and in the approaches to, the authorised works.
3
All chalk, gravel, rock and other materials dredged up or removed by the Council in the exercise of the powers of this Article shall be the property of the Council and they may use the same, or any part thereof, or they may sell, or otherwise dispose of or remove or deposit the same, as they think fit:
Provided that no such materials shall be laid down or deposited in any place below the level of high water–
a
otherwise than in such a position and under such conditions and restrictions as may be approved or prescribed by the Secretary of State; and
b
without the consent in writing of the Queen’s Harbour Master having been first obtained.
4
The powers of the Council under this Article shall be exercisable subject to the provisions of Article 26 (Crown Rights) and Article 27 (Saving rights of Queen’s Harbour Master) of this Order and in particular and without prejudice to that general limitation, any consent given to the exercise of such powers by the Crown Estate Commissioners on behalf of Her Majesty may be given subject to such restrictions and conditions, including the payment by the Council to the Crown Estate Commissioners of royalties, rents or sums of money in respect of materials raised from any place below the level of high water and sold by the Council under this Article or in respect of any place below the level of high water upon which materials may be deposited, as may be fixed by the Crown Estate Commissioners.
Fine for Obstructing Works
13
Any person who intentionally or recklessly obstructs any person acting under the authority of the Council in setting out the lines of the authorised works, or who moves or removes any pole, stake, station point or bench mark established for the purpose of such setting out shall for every such offence be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Tidal Works not to be Executed without Approval of Secretary of State
14
1
A tidal work shall not be constructed, altered, enlarged, replaced, relaid or extended except in accordance with plans and sections approved by the Secretary of State and subject to any conditions and restrictions imposed by the Secretary of State before the work is begun.
2
If a tidal work is constructed, altered, enlarged, replaced, relaid or extended in contravention of this Article or of any condition or restriction imposed under this Article–
a
the Secretary of State may by notice in writing require the Council at their own expense to remove the tidal work or any part thereof and restore the site thereof to its former condition and if on the expiration of thirty days from the date when the notice is served upon the Council they have failed to comply with the requirements of the notice the Secretary of State may execute the works specified in the notice; or
b
if it appears to the Secretary of State urgently necessary so to do he may remove the tidal work or part of it and restore the site to its former condition;
and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the Council as a debt in any court of competent jurisdiction.
Provision against Danger to Navigation
15
1
In case of injury to or destruction or decay of a tidal work or any part thereof the Council shall as soon as reasonably practicable notify Trinity House and the Queen’s Harbour Master and shall lay down such buoys exhibit such lights and take such other steps for preventing danger to navigation as Trinity House shall from time to time direct.
2
If the Council shall fail to notify Trinity House or the Queen’s Harbour Master as required by this Article or to comply in any respect with a direction given under this Article they shall be liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Abatement of Works Abandoned or Decayed
16
1
Where a tidal work is abandoned or suffered to fall into decay the Secretary of State may by notice in writing require the Council at their own expense either to repair and restore the work or any part thereof or to remove the work and restore the site thereof to its former condition to such an extent and within such limits as the Secretary of State thinks proper.
2
Where a work consisting partly of a tidal work and partly of works on or over land above the level of high water is abandoned or suffered to fall into decay and that part of the work on or over land above the level of high water is in such condition as to interfere or to cause reasonable apprehension that it may interfere with the rights of navigation or other public rights over the foreshore the Secretary of State may include that part of the work or any portion thereof in any notice under this Article.
3
If on the expiration of thirty days from the date when a notice under this Article is served upon the Council they have failed to comply with the requirements of the notice the Secretary of State may execute the works specified in the notice and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the Council as a debt in any court of competent jurisdiction.
Survey of Tidal Works
17
The Secretary of State may at any time if he deems it expedient order a survey and examination of a tidal work or of the site upon which it is proposed to construct the work and any expenditure incurred by the Secretary of State in any such survey and examination shall be recoverable from the Council as a debt in any court of competent jurisdiction.
Permanent Lights on Tidal Works
18
1
After the completion of a tidal work the Council shall at the outer extremity thereof exhibit every night from sunset to sunrise such lights if any and take such other steps for the prevention of danger to navigation as Trinity House shall from time to time direct.
2
If the Council fail to comply in any respect with a direction given under this Article they shall be liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine:
Provided that it shall be a defence for the Council to prove that all due diligence was used to secure compliance with any such direction.
Lights on Tidal Works during Construction
19
1
The Council shall at or near a tidal work during the whole time of the construction, alteration, enlargement, replacement, relaying or extension thereof exhibit every night from sunset to sunrise such lights if any and take such other steps for the prevention of danger to navigation as Trinity House shall from time to time direct.
2
If the Council fail to comply in any respect with a direction given under this Article they shall be liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine:
Provided that it shall be a defence for the Council to prove that all due diligence was used to secure compliance with any such direction.
Recovery of Fines
20
All fines and forfeiture recoverable under the provisions of the Act of 1847 as incorporated with this Order or under any byelaw made in pursuance of section 83 of the Act of 1847 as so incorporated may be recovered summarily.
Power to Lease
21
The Council may lease or grant the use or occupation of, or any right or interest in or over, any lands, works, buildings, equipment or other property forming part of their Mile End Quay undertaking for harbour purposes for such period or periods and on such terms and conditions as shall be agreed between the Council and the person taking the same.
Parking Places
22
The Council may provide facilities within their Mile End Quay undertaking for the parking of vehicles and trailers and for that purpose may erect barricades or fencing with relative offices, waiting rooms and other conveniences and may make reasonable charges for the use of such facilities.
Removal of Vehicles etc
23
1
If a vehicle or trailer is left without the permission of the Council:
a
in any place where it is likely to obstruct or interfere with the use of their Mile End Quay undertaking; or
b
in any part of their Mile End Quay undertaking where the parking of vehicles or trailers is prohibited by notice erected by the Council;
the Council may remove the vehicle or trailer, or cause it to be removed.
2
Any notice erected under paragraph (1)(b) above shall be conspicously posted in or close to the place to which it relates.
3
Where the Council in exercise of the powers of this Article remove a vehicle or trailer or cause it to be removed, the expense of and incidental to the removal shall be recoverable by the Council from any person responsible as a debt in any court of competent jurisdiction.
4
For the purposes of paragraph (3) above “person responsible” shall have the same meaning as in section 102(8) of the Road Traffic Regulation Act 1984 .
5
If the Council in exercise of the powers of this Article remove a vehicle to a place not readily visible from the place whence it is so removed they shall, if and so soon as it is reasonably practicable to do so, send to the person for the time being registered as the owner of the vehicle for the purposes of the Road Vehicles (Registration and Licensing) Regulations 1971 or any other regulations having the like effect for the time being in force, at his last known address, his registered address or the address where the vehicle is ordinarily kept, notice that they have exercised the powers of this Article and of the place to which the vehicle has been removed.
6
A notice stating the general effect of paragraph (1) above shall be displayed in a prominent position at each place where a road accessible to vehicles enters any part of the Mile End Quay undertaking.
Further Extension of section 86 of Portsmouth Corporation Act 1959
24
Section 86 (Powers with respect to disposal of wrecks) of the Portsmouth Corporation Act 1959 , as having effect in accordance with Article 21 of the Portsmouth Mile End Quay Revision Order 1966 and Article 21 of the Portsmouth Mile End Quay Revision Order 1973 and Article 15 of the Portsmouth Mile End Quay Harbour Revision Order 1988 , shall have effect as if the references to any approach to the Flathouse Wharf and Quay in subsections (1) and (7) of that section included a reference to any approach to the Mile End Quay undertaking.
Costs of Order
25
All costs, charges and expenses incurred by the applicant preliminary to, and of and incidental to, the preparation of, the application for, and the obtaining of this Order or otherwise in relation thereto (other than those which any person is lawfully ordered to pay by the Secretary of State for Transport or a Joint Committee of both Houses of Parliament, or any costs, charges and expenses incurred in opposing the Order) shall be paid by the Council.
Crown Rights
26
Nothing in this Order affects prejudicially any estate, right, power, privilege or exemption of the Crown and in particular nothing herein contained authorises the Council to take use or in any manner interfere with any portion of the shore or bed of the sea or of any river, channel, creek, bay or estuary or any land, hereditaments, subjects or rights of whatsoever description belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners without the consent in writing of those Commissioners on behalf of Her Majesty first had and obtained for that purpose.
Saving Rights of Queen’s Harbour Master
27
Nothing in this Order shall take away, alter, prejudice or affect the jurisdiction or any rights, powers, authorities or privileges of the Queen’s Harbour Master.
Inquiries by Secretary of State
28
The Secretary of State may cause such local inquiries to be held as he may consider necessary for the purposes of any of his functions under this Order, and subsections to (5) inclusive of section 250 of the Local Government Act 1972 shall apply to any such inquiry.
Signed by authority of the Secretary of State for Transport
H. B. Wenban-Smith
An Under Secretary in the
Department of Transport
11th March 1991


text:
PART I
CITATION, COMMENCEMENT AND INTERPRETATION
Citation and commencement
1
These Regulations may be cited as the Town and Country Planning (Enforcement Notices and Appeals) Regulations 1991 and shall come into force on 2nd January 1992.
Interpretation
2
In these Regulations, unless the context otherwise requires —
“the principal Act ” means the Town and Country Planning Act 1990;
“the Listed Buildings Act ” means the Planning (Listed Buildings and Conservation Areas) Act 1990;
“enforcement notice” means a notice issued under section 172(1) of the principal Act or section 38(1) of the Listed Buildings Act;
“local planning authority” means the local authority or other body who issue the relevant enforcement notice.
PART II
ENFORCEMENT NOTICES UNDER SECTION 172
Additional matters to be specified in enforcement notice
3
An enforcement notice issued under section 172 of the principal Act shall specify —
a
the reasons why the local planning authority consider it expedient to issue the notice; and
b
the precise boundaries of the land to which the notice relates, whether by reference to a plan or otherwise.
Explanatory note to accompany copy enforcement notices
4
Every copy of an enforcement notice served by a local planning authority under section 172(2) of the principal Act shall be accompanied by an explanatory note which shall include the following —
a
a copy of sections 171A to 177 of the principal Act, or a summary of those sections including the following information —
i
that there is a right of appeal to the Secretary of State against the enforcement notice;
ii
that an appeal must be made by giving written notice of the appeal to the Secretary of State before the date specified in the enforcement notice as the date on which it is to take effect or by sending such notice to him in a properly addressed, pre-paid letter posted to him at such time that, in the ordinary course of post, it would be delivered to him before that date;
iii
the grounds on which an appeal may be brought under section 174 of the principal Act;
b
notification that an appellant must submit to the Secretary of State, either when giving notice of appeal or within 14 days from the date on which the Secretary of State sends him a notice so requiring him, a statement in writing specifying the grounds on which he is appealing against the enforcement notice and stating briefly the facts on which he proposes to rely in support of each of those grounds.
PART III
APPEALS
Statement by appellant
5
A person who makes an appeal to the Secretary of State under section 174(3) of the principal Act or section 39(2) of the Listed Buildings Act against an enforcement notice and who does not include with it a statement in writing specifying the grounds on which he is appealing against the notice and stating briefly the facts on which he proposes to rely in support of each of those grounds, shall deliver such a statement to the Secretary of State not later than 14 days from the date on which the Secretary of State sends him a notice so requiring him.
Local planning authority to send copy of notice to Secretary of State
6
Where an appeal has been made to the Secretary of State against an enforcement notice the local planning authority who issued the notice shall if so required by the Secretary of State send to him, not later than 14 days from the date on which the Secretary of State gives them notice that the appeal has been made, a copy of the enforcement notice and a list of the names and addresses of the persons on whom a copy of the notice was served under section 172(2) of the principal Act or section 38(4) of the Listed Buildings Act, as the case may be.
Statement by local planning authority
7
1
Where an appeal has been made to the Secretary of State against an enforcement notice issued by a local planning authority, the authority shall submit to the Secretary of State and serve on the appellant a statement indicating the submissions which they propose to put forward on the appeal, including the following matters —
a
a summary of the authority’s response to each ground of appeal pleaded by the appellant;
b
a statement whether the authority would be prepared to grant planning permission for the matters alleged in the enforcement notice to constitute the breach of planning control, or to grant listed building consent or conservation area consent for the works to which the listed building enforcement notice or conservation area enforcement notice relates, as the case may be, and, if so, particulars of the conditions, if any, which they would wish to impose on such permission or consent.
2
Any statement which is required to be served by paragraph (1) of this regulation shall be served —
a
where a local inquiry is to be held, not later than 28 days before the date of the inquiry, or such later date as may be agreed in writing by the Secretary of State, the appellant and the local planning authority,
b
in any other case, not later than 28 days from the date on which the Secretary of State sends to the authority a notice requesting the statement.
Public notice of appeal
8
1
Where an appeal has been made to the Secretary of State against an enforcement notice issued by a local planning authority and he proposes not to hold a local inquiry, the authority shall give notice of the appeal to occupiers of properties in the locality of the site to which the enforcement notice relates and to any other persons who in the opinion of the authority are affected by the breach of planning control or contravention of listed building or conservation area control which is alleged in the enforcement notice.
2
Any notice given under paragraph (1) of this regulation shall include —
a
a description of the alleged breach of control;
b
in the case of an appeal against an enforcement notice issued under section 172 of the principal Act, a statement of the reasons specified in the notice under regulation 3(a) of these Regulations;
c
the grounds on which the appellant appealed against the enforcement notice; and
d
a statement inviting interested persons to submit comments in writing to the local planning authority within such time as may be specified in the notice.
PART IV
NOTICES ISSUED BY THE SECRETARY OF STATE
Application of Regulations
9
These Regulations, except regulation 6, shall apply with respect to enforcement notices issued by the Secretary of State under section 182 of the principal Act, to appeals made to the Secretary of State against such notices, and to appeals against notices issued by him under section 46 of the Listed Buildings Act as they apply with respect to such notices issued by local planning authorities and to appeals made against them as if —
a
for references to a local planning authority there were substituted references to the Secretary of State;
b
in regulation 3, for “section 172” there were substituted “section 182”;
c
in regulation 4 —
i
for “section 172(2)” there were substituted “section 182(1)”; and
ii
in paragraph (a), after “sections 171A to 177” there were inserted “and section 182”; and
d
for regulation 7 the following were substituted —
7
1
Where an appeal has been made to the Secretary of State against an enforcement notice which he has issued, the Secretary of State shall serve on the appellant a statement indicating the submissions which he proposes to put forward on the appeal including a summary of his response to each ground of appeal pleaded by the appellant.
2
Any statement which is required to be served by paragraph (1) of this regulation shall, where a local inquiry is to be held, be served not later than28 days before the date of the inquiry.
.
PART V
RECOVERY OF LOCAL AUTHORITY EXPENSES
Charge on land
10
1
Regulation 16 of the Town and Country Planning General Regulations 1976 shall be amended as follows —
a
regulation 16 shall be renumbered 16(1); and
b
after sub-paragraph (d) there shall be inserted “(2) The expenses recoverable by a local planning authority under section 178(1) of the Town and Country Planning Act 1990 are, until recovered, a charge that is binding on successive owners of the land to which the enforcement notice related and the charge shall take effect as from the date of the completion by the local planning authority of the steps required to be taken by the enforcement notice.”.
2
Regulation 11 of the Planning (Listed Buildings and Conservation Areas) Regulations 1990 shall be amended as follows —
a
regulation 11 shall be renumbered 11(1); and
b
after sub-paragraph (d) there shall be inserted “(2) The expenses recoverable by a local planning authority under section 42(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 are, until recovered, a charge that is binding on successive owners of the land to which the listed building enforcement notice related and the charge shall take effect as from the date of the completion by the local planning authority of the steps required to be taken by the listed building enforcement notice.”.
PART VI
REVOCATION
11
The Town and Country Planning (Enforcement Notices and Appeals) Regulations 1981 are hereby revoked.
Michael Heseltine
Secretary of State for the Environment
11th December 1991
David Hunt
Secretary of State for Wales
11th December 1991