text:
Title and commencement
1
These Rules may be cited as the Building Societies (Aggregation) Rules 1990 and shall come into force on 31st December 1990.
Interpretation
2
In these Rules —
“ the Act ” means the Building Societies Act 1986;
“adequately supported by a report of the auditors” has the meaning given by rule 13;
“associated body” means an associated body of a society and as such has the same meaning as in section 18(17) of the Act;
“board” means board of directors;
“debts secured on land” means debts which are secured by —
a mortgage of a legal estate in land in England and Wales or Northern Ireland;
an equitable interest in land of a description and created in circumstances prescribed under section 10(6) of the Act;
a heritable security over land in Scotland; or
a form of security on land in a country or territory for the time being designated by order under section 14 (power to make advances secured on land overseas) of the Act, which is a form specified in the order or orders designating that country or territory;
“deposit liabilities” means liabilities in respect of deposits and, in relation to the deposit liabilities of an associated body, “relevant deposit liabilities” means deposit liabilities, in respect of principal and interest payable thereon, which are neither represented by assets of the society nor incurred in the course of providing a service for the time being specified in Part I of Schedule 8 (powers to provide services) to the Act other than a banking service undertaken as such;
“mortgage debts” means debts secured on land, and the amount of a mortgage debt at any time is the total amount outstanding at that time in respect of —
the principal of the loan which gave rise to the debt;
interest on that loan; and
any other sum which the debtor is obliged to pay to the lender under the terms of that loan;
“non-retail liabilities” in relation to a society means liabilities in respect of its non-retail funds and deposits;
“retail liabilities” in relation to a society means liabilities, other than non-retail liabilities, in respect of shares in or money deposited with it;
“signed by the board” means signed by two directors on behalf of the board; and
“society” means a building society.
Determination and Attribution to the society of assets and liabilities of associated bodies
3
Where a society has one or more associated bodies, the determination and attribution to a society of retail liabilities, non-retail liabilities, of deposits and of assets of an associated body and the aggregation of those liabilities, of those deposits and of those assets with the respective liabilities, deposits and assets of the society for the purposes of sections 7(3), 8(1) and 20 of the Act respectively shall, subject to rules 11 and 12, be in accordance with rules 4, 5, 6 and 10.
Attribution and aggregation of deposit liabilities of associated bodies and determination of society liabilities
4
Where an associated body has deposit liabilities, then —
a
in determining the liabilities of the society for the purposes of section 7(3) of the Act (limits on percentage of non-retail funds and deposits) the relevant deposit liabilities of the associated body, which were they liabilities of the society would be retail liabilities or non-retail liabilities of the society, shall be attributed to the society to be aggregated to the retail liabilities or non-retail liabilities of the society according as they would, if they were liabilities of the society, be retail liabilities or non-retail liabilities respectively of the society,
b
in determining the liabilities of the society in respect of deposits for the purposes of section 8(1) of the Act (limits on percentage of deposits) the relevant deposit liabilities of the associated body shall be attributed to the society to be aggregated to the liabilities in respect of deposits of the society, and
c
in making the determination under rule 3, liabilities of the society which are represented by assets of the associated body shall be disregarded to the extent that they are in amount equal to or less than the aggregate of —
i
the amount of relevant deposit liabilities of the associated body attributed to the society under this Rule, and
ii
the amount of liabilities of the associated body which are represented by assets of the society.
Attribution and aggregation of assets of associated bodies other than mortgage debts
5
Where an associated body has assets not being mortgage debts which, were they assets of the society, would be class 3 assets, then, in determining for the purposes of section 20 (limits on percentages of classes of assets) of the Act the asset holding of the society, those assets of the associated body shall be attributed to the society to be aggregated to the class 3 assets of the society.
Attribution and aggregation of mortgage debts of associated bodies
6
Where an associated body has mortgage debts, in determining for the purposes of section 20 (limits on percentages of classes of assets) of the Act the amount of the asset holding of the society —
a
the mortgage debts may be attributed to the society to be aggregated to the class 1 or class 2 assets of the society in accordance with rule 7 below, and
b
the mortgage debts, which are not attributed to the society to be aggregated to the class 1 or class 2 assets of the society in accordance with rule 7 below, shall be attributed to the society to be aggregated to the class 3 assets of the society.
7
Subject to rules 8 and 9 below, the mortgage debts of an associated body may be attributed to the society to be aggregated to the class 1 or class 2 assets of the society, where the society has obtained certificates —
a
to the satisfaction of the board of the society, signed by the board of the associated body adequately supported by a report of the auditors of that body that the relevant mortgage debts may be aggregated to the class 1 assets of the society on grounds that —
i
the making of the relevant advance would be within the present powers of the society to make such advance on the same terms to the borrower; and,
ii
had the society made such an advance when it was made using present powers it would be a class 1 advance within the meaning of sections 10 to 12 of the Act or that the relevant mortgage debts may be aggregated to the class 2 assets of the society on corresponding grounds that the advance would be a class 2 advance; or
b
to the satisfaction of the board of the society and of the associated body, signed by the board of the original lender to the borrower, adequately supported by a report of the auditors of that lender to the effect that the relevant mortgage debts may be aggregated to the class 1 assets of the society on the same grounds as in (a) above or to the class 2 assets on the corresponding grounds in (a) above; or
c
to the satisfaction of the board of the society and of the associated body, signed by the board of the original lender to the borrower, adequately supported by a report of the auditors of that lender, for the purposes of aggregating the mortgage debts to which the certificate relates to the Class 1 assets of the society, to the effect that —
i
it was the lender’s policy to ensure that all borrowers stated in their respective applications that the land to be the subject of the relevant basic security, was for the residential use of the borrower or a dependant of his;
ii
the lender, where aware that the land upon which an advance was secured had ceased to be used by the borrower for his residential use or that of his dependants, had excluded the relevant mortgage debt from the amount of mortgage debt to which the certificate relates;
iii
the amount advanced did not exceed the value of the basic security (after deducting from that value any mortgage debt of the borrower to the lender outstanding under a mortgage of the land);
iv
any advance was made on the terms that any other mortgage was redeemed or postponed to the basic security or that no other mortgage of the land which secures the advance was outstanding in favour of a person other than the lender; and,
v
that the land is in the United Kingdom; and,
for the purposes of aggregating the amount of mortgage debts to class 2 assets of the society, to the effect that the circumstances in (iii), (iv) and (v) above prevail.
Limit on attribution of mortgage debts as class 1 assets
8
The mortgage debts of an associated body which would otherwise be attributed to the society to be aggregated to its class 1 assets in accordance with rule 6 above, shall not be so attributed to the extent that the amount of the mortgage debts of associated bodies to be so attributed would exceed 15 per cent of the total commercial assets held by the society as determined by aggregating the assets of the associated bodies to those of the society for the purposes of section 20 of the Act, and the excess amount of such mortgage debts shall instead be attributed to the society to be aggregated to the class 2 assets of the society.
Exception to attribution of mortgage debts
9
1
The mortgage debts of an associated body, other than a subsidiary, shall not be available for attribution under these rules other than the amount of mortgage debts of the associated body bearing the same proportion to the totality of the mortgage debts of the associated body as the shareholding of the society or its subsidiary bears to the total shareholding by all the members of the associated body.
2
The amount of mortgage debts held by an associated body which would otherwise be attributed to the society to be aggregated to the class 2 or 3 assets of the society in accordance with rules 6 and 7 above, shall not be so attributed to the extent that they are represented by liabilities of the society.
Disregard of class 2 and class 3 assets of a society
10
1
Class 3 assets of a society which are represented by liabilities (including reserves) of the associated body shall be disregarded to the extent that the amount of those assets is equal to or is less than the aggregate of the amount of the assets attributed to the society under rule 5, if any, together with the aggregate of the amounts of the assets attributable under paragraphs (a) and (b) of rule 6, if any, and
2
Class 2 assets of a society which are represented by liabilities of the associated body shall be disregarded to the extent that the amount of those assets is equal to or is less than the amount left after taking the aggregate of the amounts of the assets attributed to the society under rule 5, if any, and paragraphs (a) and (b) of rule 6, if any, and subtracting from that aggregate any amount of class 3 assets of the society disregarded under paragraph (1) above.
Exceptions to Rules 4, 5, 6 and 10
11
Nothing in rule 4, 5, 6 or 10 above shall apply in the case of an associated body where that associated body is a body within the description in section 18(2)(b) (corresponding European bodies) of the Act or is a body individually designated by name in items numbered 1 to 10 in Part I of the Schedule to the Building Societies (Designation of Qualifying Bodies) Order 1990( ) or which meets the description of a European lending company, pension vehicle, appropriate life insurance vehicle or appropriate general insurance company in that Part.
Exception to Rules 5, 6 and 10
12
Nothing in rule 5, 6 or 10 above shall apply in the case of an associated body where that associated body meets the description of an appropriate financial service vehicle in Part I of the Schedule to the Building Societies (Designation of Qualifying Bodies) Order 1990.
Meaning of adequately supported by a report of auditors
13
For the purposes of rule 7 above, a certificate is adequately supported by a report of the auditors where the auditors have reported at least to the effect that —
a
they have examined the certificate,
b
they have inquired into the affairs of the body in respect of which the certificate is given, to an extent necessary to consider whether there is any significant likelihood that the certificate is untrue in any material particular, and
c
they consider that there is no significant likelihood that the certificate is untrue in any material particular.
Revocation of previous Order
14
The Building Societies (Aggregation) Rules 1987( ) are hereby revoked.
In witness whereof the common seal of the Building Societies Commission is hereunto fixed, and is authenticated by me, a person authorised under paragraph 14 of Schedule 1 to the Building Societies Act 1986, on22nd November 1990.
Norman Digance
Secretary to the Commission
We consent to these Rules,
John Taylor
Sydney Chapman
Two of the Lords Commissioners of Her Majesty’s Treasury
26th November 1990


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Housing Benefit (General) Amendment (No. 2) Regulations 1990 and shall come into force on 1st October 1990.
2
In these Regulations “the principal Regulations ” means the Housing Benefit (General) Regulations 1987 .
Amendment of regulation 2 of the principal Regulations
2
Regulation 2 of the principal Regulations (interpretation) shall be amended by inserting the following definition after the definition of “unmarried couple” —
“water charges” means —
as respects England and Wales, any water and sewerage charges under Chapter IV of Part II of the Water Act 1989 ,
as respects Scotland, any water and sewerage charges under Schedule 5 to the Abolition of Domestic Rates Etc. (Scotland) Act 1987 ,
in so far as such charges are in respect of the dwelling which a person occupies as his home;
.
Amendment of regulation 3 of the principal Regulations
3
In regulation 3 of the principal Regulations (definition of non-dependant) for sub-paragraph (2)(e) the following sub-paragraph shall be substituted —
e
subject to paragraph (3) —
i
any person who is liable to make payments on a commercial basis to the claimant or the claimant’s partner in respect of the occupation of the dwelling,
ii
any person to whom or to whose partner the claimant or the claimant’s partner is liable to make payments on a commercial basis in respect of the occupation of the dwelling, or
iii
any other member of the household of the person to whom or to whose partner the claimant or the claimant’s partner is liable to make payments on a commercial basis in respect of the occupation of the dwelling;
.
Amendment of regulation 35 of the principal Regulations
4
In regulation 35(3)(a) of the principal Regulations (notional income) for the words “or eligible rent” there shall be substituted the words “eligible rent, community charge or water charges”.
Amendment of regulation 43 of the principal Regulations
5
In regulation 43 of the principal Regulations (notional capital) —
a
in paragraph (1) at the end there shall be added the following words —
except to the extent that that capital is reduced in accordance with regulation 43A (diminishing notional capital rule) —
;
b
in paragraph (3)(a) for the words “or eligible rent” there shall be substituted the words “eligible rent, community charge or water charges”.
Insertion of regulation 43A in the principal Regulations
6
After regulation 43 of the principal Regulations (notional capital) there shall be inserted the following regulation —
Diminishing notional capital rule
43A
1
Where a claimant is treated as possessing capital under regulation 43(1) (notional capital), the amount which he is treated as possessing —
a
in the case of a week that is subsequent to —
i
the relevant week in respect of which the conditions set out in paragraph (2) are satisfied, or
ii
a week which follows that relevant week and which satisfies those conditions, shall be reduced by an amount determined under paragraph (3);
b
in the case of a week in respect of which paragraph (1)(a) does not apply but where —
i
that week is a week subsequent to the relevant week, and
ii
that relevant week is a week in which the condition in paragraph (4) is satisfied,
shall be reduced by the amount determined under paragraph (4).
2
This paragraph applies to a benefit week where the claimant satisfies the conditions that —
a
he is in receipt of housing benefit; and
b
but for regulation 43(1), he would have received an additional amount of housing benefit in that week.
3
In a case to which paragraph (2) applies, the amount of the reduction for the purposes of paragraph (1)(a) shall be equal to the aggregate of —
a
the additional amount to which sub-paragraph (2)(b) refers, and
b
where the claimant has also claimed community charge benefit, the amount of any community charge benefit to which he would have been entitled but for the application of regulation 33(1) of the Community Charge Benefits (General) Regulations 1989 (notional capital) .
4
Subject to paragraph (5), for the purposes of paragraph (1)(b) the condition is that the claimant would have been entitled to housing benefit in the relevant week but for regulation 43(1), and in such a case the amount shall be equal to the aggregate of —
a
the amount of housing benefit to which the claimant would have been entitled in the relevant week but for regulation 43(1);
b
if the claimant would, but for regulation 33(1) of the Community Charge Benefits (General) Regulations 1989, have been entitled to community charge benefit or to an additional amount of community charge benefit in respect of the benefit week, within the meaning of regulation 2(1) of those Regulations (interpretation), which includes the last day of the relevant week, the amount (if any) which is equal to —
i
in a case where no community charge benefit is payable the amount to which he would have been entitled, or
ii
in any other case, the amount equal to the additional amount of community charge benefit to which he would have been entitled;
and, for the purposes of this sub-paragraph, if the relevant week is a part-week, that amount shall be determined by dividing the amount of the community charge benefit to which he would have been so entitled by the number equal to the number of days in the part-week and multiplying the quotient so obtained by 7.
5
The amount determined under paragraph (4) shall be re-determined under that paragraph if the claimant makes a further claim for housing benefit and the conditions in paragraph (6) are satisfied, and in such a case —
a
sub-paragraphs (a) and (b) of paragraph (4) shall apply as if for the words “relevant week” there were substituted the words “relevant subsequent week”; and
b
subject to paragraph (7), the amount as re-determined shall have effect from the first week following the relevant subsequent week in question.
6
The conditions are that —
a
a further claim is made 26 or more weeks after —
i
the date on which the claimant made a claim for housing benefit in respect of which he was first treated as possessing the capital in question under regulation 43(1),
ii
in a case where there has been at least one re-determination in accordance with paragraph (5), the date on which he last made a claim for housing benefit which resulted in the weekly amount being re-determined, or
iii
the date on which he last ceased to be entitled to housing benefit,
whichever last occurred; and
b
the claimant would have been entitled to housing benefit but for regulation 43(1).
7
The amount as re-determined pursuant to paragraph (5) shall not have effect if it is less than the amount which applied in that case immediately before the re-determination and in such a case the higher amount shall continue to have effect.
8
For the purposes of this regulation —
a
“part-week” means a period of less than a week for which community charge benefit is allowed;
b
“relevant week” means the benefit week or part-week in which the capital in question of which the claimant has deprived himself within the meaning of regulation 43(1) —
i
was first taken into account for the purpose of determining his entitlement to housing benefit; or
ii
was taken into account on a subsequent occasion for the purpose of determining or re-determining his entitlement to housing benefit on that subsequent occasion and that determination or re-determination resulted in his beginning to receive, or ceasing to receive, housing benefit;
and where more than one benefit week or part-week is identified by reference to heads (i) and (ii) of this sub-paragraph the later or latest such benefit week or, as the case may be, the later or latest such part-week;
c
“relevant subsequent week” means the benefit week or part-week which includes the day on which the further claim or, if more than one further claim has been made, the last such claim was made.
.
Amendment of regulation 63 of the principal Regulations
7
In regulation 63(7) of the principal Regulations (non-dependant deductions not to be made) after sub-paragraph (c) there shall be added the words —
or
d
he is a full time student and during a recognised summer vacation appropriate to his course he is not in remunerative work.
.
Amendment of Schedule 1A to the principal Regulations
8
In paragraph 12 of Schedule 1A to the principal Regulations (excluded tenancies) in sub-paragraphs (a)(ii) and (b)(ii) of the definition of “the relevant provisions” after the word “falling” in each sub-paragraph there shall be inserted the words “on or”.
Amendment of Schedule 2 to the principal Regulations
9
In Schedule 2 to the principal Regulations (applicable amounts) —
a
in paragraph 4 for the reference “8 to 14” there shall be substituted the reference “8 to 14ZA”;
b
in paragraph 6(2) for the words “The disabled child premium to which paragraph 14 applies” there shall be substituted the words “The disabled child premium and the carer premium to which paragraphs 14 and 14ZA respectively apply”;
c
in paragraph 7 the words “Subject to sub-paragraph (2),” shall be inserted at the beginning and there shall be added the following sub-paragraph —
2
For the purposes of the carer premium under paragraph 14ZA, a person shall be treated as being in receipt of invalid care allowance by virtue of sub-paragraph (1)(a) only if and for so long as the person in respect of whose care the allowance has been claimed remains in receipt of attendance allowance.
;
d
after paragraph 14 there shall be inserted the following paragraph —
Carer premium
14ZA
1
The condition is that the claimant or his partner is, or both of them are, in receipt of invalid care allowance under section 37 of the Social Security Act .
2
If a claimant or his partner, or both of them, would be in receipt of invalid care allowance but for the provisions of the Social Security (Overlapping Benefits) Regulations 1979 , where —
a
the claim for that allowance was made on or after 1st October 1990, and
b
the person or persons in respect of whose care the allowance has been claimed remains or remain in receipt of attendance allowance,
he or his partner, or both of them, as the case may be, shall be treated for the purposes of sub-paragraph (1) as being in receipt of invalid care allowance.
;
e
in paragraph 15 at the end the following sub-paragraph shall be added —
7
Carer Premium
7
£10 in respect of each person who satisfies the condition specified in paragraph 14ZA.
.
Amendment of Schedule 3 to the principal Regulations
10
In Schedule 3 to the principal Regulations (sums to be disregarded in the calculation of earnings) for paragraph 4 there shall be substituted the following paragraph —
4
If an amount by way of a lone parent premium under Schedule 2 (applicable amounts) is or, but for any pensioner premium, higher pensioner premium or disability premium being applicable to him, would be included in the calculation of the claimant’s applicable amount, £25.
.
Amendment of Schedule 4 to the principal Regulations
11
In Schedule 4 to the principal Regulations (sums to be disregarded in the calculation of income other than earnings) —
a
for paragraph 13 there shall be substituted the following paragraph —
13
1
Except where sub-paragraph (2) applies and subject to sub-paragraph (3) and paragraphs 33 and 34, £10 of any charitable payment or of any voluntary payment made or due to be made at regular intervals.
2
Subject to sub-paragraph (3) and paragraph 34, any charitable payment or voluntary payment made or due to be made at regular intervals which is intended and used for an item other than food, ordinary clothing or footwear, household fuel, eligible rent, community charge or water charges of a single claimant or, as the case may be, of the claimant or any other member of his family.
3
Sub-paragraphs (1) and (2) shall not apply to a payment which is made by a person for the maintenance of any member of his family or of his former partner or of his children.
4
For the purposes of sub-paragraph (1) where a number of charitable or voluntary payments fall to be taken into account in any one week they shall be treated as though they were one such payment.
5
For the purposes of sub-paragraph (2) the expression “ordinary clothing or footwear” means clothing or footwear for normal daily use, but does not include school uniforms, or clothing or footwear used solely for sporting activities.
;
b
after paragraph 43 the following paragraphs shall be added —
44
1
Any payment or repayment made —
a
as respects England and Wales, under regulation 3, 5 or 8 of the National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988 (travelling expenses and health service supplies);
b
as respects Scotland, under regulation 3, 5 or 8 of the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) Regulations 1988 (travelling expenses and health service supplies).
2
Any payment or repayment made by the Secretary of State for Health, the Secretary of State for Scotland or the Secretary of State for Wales, which is analogous to a payment or repayment mentioned in sub-paragraph (1).
45
Any payment made under regulation 9 to 11 or regulation 13 of the Welfare Food Regulations 1988 (payments made in place of milk tokens or the supply of vitamins).
46
Any payment made by either the Secretary of State for the Home Department or by the Secretary of State for Scotland under a scheme established to assist relatives and other persons to visit persons in custody.
.
Amendment of Schedule 5 to the principal Regulations
12
In Schedule 5 to the principal Regulations (capital to be disregarded) —
a
in paragraph 4 for the words “any member of” there shall be substituted the words “a single claimant or any member of”;
b
in paragraph 7 at the end there shall be added the following sub-paragraph —
2
The assets of any business owned in whole or in part by the claimant where —
a
he is not engaged as a self-employed earner in that business by reason of some disease or bodily or mental disablement; but
b
he intends to become engaged or, as the case may be, re-engaged as a self-employed earner in that business as soon as he recovers or is able to become engaged or re-engaged in that business;
for a period of 26 weeks from the date on which the claim for housing benefit is made, or is treated as made, or, if it is unreasonable to expect him to become engaged or re-engaged in that business within that period, for such longer period as is reasonable in the circumstances to enable him to become so engaged or re-engaged.
;
c
for paragraph 13 there shall be substituted the following paragraph —
13
Where the funds of a trust are derived from a payment made in consequence of any personal injury to the claimant, the value of the trust fund and the value of the right to receive any payment under that trust.
;
d
after paragraph 37 the following paragraphs shall be added —
38
Any arrears of special war widows payment which is disregarded under paragraph 43 of Schedule 4 (sums to be disregarded in the calculation of income other than earnings) , but only for a period of 52 weeks from the date of the receipt of the arrears.
39
1
Any payment or repayment made —
a
as respects England and Wales, under regulation 3, 5 or 8 of the National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988 (travelling expenses and health service supplies);
b
as respects Scotland, under regulation 3, 5 or 8 of the National Health Service (Travelling Expenses and Remission of Charges (Scotland) Regulations 1988 (travelling expenses and health service supplies);
but only for a period of 52 weeks from the date of the receipt of the payment or repayment.
2
Any payment or repayment by the Secretary of State for Health, the Secretary of State for Scotland or the Secretary of State for Wales which is analogous to a payment or repayment mentioned in sub-paragraph (1); but only for a period of 52 weeks from the date of the receipt of the payment or repayment.
40
Any payment made under regulation 9 to 11 or regulation 13 of the Welfare Food Regulations 1988 (payments made in place of milk tokens or the supply of vitamins), but only for a period of 52 weeks from the date of the receipt of the payment.
41
Any payment made either by the Secretary of State for the Home Department or by the Secretary of State for Scotland under a scheme established to assist relatives and other persons to visit persons in custody, but only for a period of 52 weeks from the date of the receipt of the payment.
.
Signed by authority of the Secretary of State for Social Security.
Gillian Shephard
Parliamentary Under-Secretary of State,
Department of Social Security
28th August 1990


text:
1
This Order may be cited as the A12 Trunk Road (Leyton Way, Waltham Forest) (Prescribed Routes) Order 1990and shall come into force on 26th March 1990.
2
In this Order —
“Leyton Way” means the length of the A12 Trunk Road in the London Borough of Waltham Forest known as Leyton Way;
“northern traffic island” means the island site located in the northern half of the carriageway of Leyton Way at its junction with Whipps Cross Road; and
“southern traffic island” means the island site located in the southern half of the carriageway of Leyton Way at its junction with Whipps Cross Road.
3
The A12 Trunk Road (Leyton Way, Waltham Forest) (Prescribed Routes) Order 1988 is hereby revoked.
4
A person causing or permitting a vehicle in Leyton Way to pass to the left of the northern traffic island shall cause that vehicle to turn left into Whipps Cross Road and in no other direction.
5
A person causing or permitting a vehicle in Leyton Way to pass between the northern traffic island and the southern traffic island shall cause that vehicle to turn right into Whipps Cross Road and in no other direction.
6
A person causing or permitting a vehicle in Whipps Cross Road to turn left into Leyton Way shall cause that vehicle to pass to the left of the southern traffic island.
7
No person shall cause or permit any vehicle proceeding southwestwards in Leyton Way to make a right turn so as to enter Poppleton Road.
8
Nothing in this Order shall apply to anything done with the permission or at the direction of a constable in uniform or of a traffic warden.
Signed by authority of the Secretary of State for Transport
S Chatterjee
Director (Transport)
London Regional Office of the Department of Transport
19th March 1990


text:
Citation, commencement and interpretation1.
1
1
This Order may be cited as the Housing Benefit (Permitted Totals) Order 1990 and shall come into force on 1st April 1990.
2
In this Order —
“housing benefit” means rent rebate or rent allowance as the circumstances may require;
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 .
Permitted totals of benefit
2
For the purpose of section 28(9) of the Social Security Act 1986, the permitted total of rebates or allowances for any year in relation to an authority shall be the amount obtained by deducting 100% of any increases in housing benefit granted during that year by that authority under regulation 69(8) of the Housing Benefit Regulations (additional amount of benefit in exceptional circumstances) from the total housing benefit granted by that authority during that year and multiplying the resulting figure by 100.1%.
Revocation
3
The Housing Benefit (Permitted Totals) Order 1988 and the Housing Benefit (Permitted Totals) Amendment Order 1989 are hereby revoked.
Signed by authority of the Secretary of State for Social Security.
Gillian Shephard
Parliamentary Under-Secretary of State,
Department of Social Security
7th March 1990


text:
Citation and commencement
1
These Regulations may be cited as the Electricity Supply Pension Scheme (Eligible Persons) Regulations 1990 and shall come into force on 1st March 1990.
Interpretation
2
1
In these Regulations —
“the 1947 Act ” means the Electricity Act 1947;
“by-analogy member” means a person referred to in regulation 3;
“old scheme” means, in respect of each by-analogy member to whom regulation 3(2)(c)(i) applies, the retirement benefits scheme created by the determination referred to in that paragraph and, in respect of each by-analogy member to whom regulation 3(3) applies, the retirement benefits scheme created by a determination applying in respect of that member while he was entitled to accrue pension rights in accordance with it;
“the Pension Scheme ” means the Electricity Supply Pension Scheme;
“relevant existing body” means, prior to the transfer date, in respect of each by-analogy member, any existing body of which he is or was at any time the Chairman or other member prior to the coming into force of these Regulations which has a legal or customary obligation to contribute to the pension rights of that by-analogy member and, after the transfer date, the successor company of that existing body to which any liability under these Regulations is transferred;
“relevant scheme” means a retirement benefits scheme, other than the Pension Scheme or an old scheme, under which a by-analogy member has acquired pension rights and to which an existing body or a Scottish Board has paid contributions in respect of that by-analogy member;
“retirement benefits scheme” has the same meaning as in section 611 of the Income and Corporation Taxes Act 1988 ;
“ the Trustees ” means the Trustees of the Pension Scheme from time to time.
2
Unless the context otherwise requires, any reference in these Regulations to a numbered regulation is a reference to the regulation in these Regulations bearing that number; and any reference in a regulation to a numbered paragraph is a reference to the paragraph of that regulation bearing that number.
By-analogy members
3
1
Any person to whom paragraph (2) or (3) applies is a by-analogy member for the purpose of these Regulations.
2
This paragraph applies to any person who —
a
is or has at any time been a Chairman or other member of an existing body in England and Wales;
b
was not entitled by virtue of any regulations made under subsection (4) of section 54 of the 1947 Act to be a member of any pension scheme established under subsection (1) of that section; and
c
i
is or was entitled to accrue pension rights in accordance with a determination under section 3(6) of the 1947 Act upon terms expressed by reference to the Pension Scheme or another retirement benefits scheme but containing modifications to the terms of the Pension Scheme or that other scheme as the same was expressed to apply to that person; or
ii
notwithstanding sub-paragraph (b) of this paragraph was treated by the Trustees as a member of the Pension Scheme.
3
This paragraph applies to any person to whom paragraph (2) would have applied, if that person had not died prior to the coming into force of these Regulations.
Amendments to the Pension Scheme
4
1
The amendments to the Pension Scheme specified in Part I of the Schedule shall have effect.
2
Between the coming into force of these Regulations and the transfer date the Pension Scheme shall have effect as if any provision of an old scheme which requires or has the effect of requiring that any discretion in that scheme to apply particular features of it to or in respect of a by-analogy member shall be exercised by the Secretary of State and the Treasury were a provision of the Pension Scheme.
Transfer of by-analogy members
5
Each by-analogy member to whom regulation 3(2) applies shall become a Transferred By-Analogy Member of the Pension Scheme and each by-analogy member to whom regulation 3(3) applies shall become a Transferred Former By-Analogy Member of the Pension Scheme.
Transfer of property and rights
6
1
Subject to the provisions of this regulation and of regulation 7, all property and rights of every type and description vested at the coming into force of these Regulations in any person other than as a nominee or custodian trustee being property or rights available for the purposes of any old scheme are hereby transferred without further assurance to the Trustees.
2
A certificate, signed by the relevant existing body and by any person in whom any property or right transferred by virtue of this regulation was vested immediately before these Regulations came into force, that the property or right was so transferred, or a copy of such certificate certified by the relevant existing body to be a true copy thereof, shall be sufficient evidence that the property or right was transferred as aforesaid.
3
In the case of any property or right vested in two or more persons jointly, a certificate for the purposes of paragraph (2) signed by any one of those persons on behalf of them all shall be sufficient.
4
Every person in whom any property or right transferred as aforesaid was vested immediately before these Regulations came into force shall do all such things as are necessary, or as the Trustees may reasonably require to be done, for the purpose of ensuring —
a
the due registration of the title of the Trustees to such property;
b
the delivery to the Trustees of any document constituting evidence of the said registration;
c
the performance for the benefit of the Trustees of all obligations due in respect of such rights; and
d
the receipt by the Trustees of all dividends, rent, interest or other sums in respect of such property or right due for payment after these Regulations come into force.
Transfer of liabilities
7
1
Subject to the provisions of paragraph (2), every liability or obligation outstanding immediately before the coming into force of these Regulations and incurred by any relevant existing body or other person on behalf of or for the purposes of an old scheme or by any relevant scheme in respect of a by-analogy member shall be liabilities or obligations of the Trustees to the exclusion of that person:
Provided that nothing in this paragraph shall relieve any relevant existing body or other person from any liability for any breach of trust or duty, except in so far as under the provisions of the old scheme or the relevant scheme he would, but for the operation of these Regulations, have been entitled to an indemnity in respect thereof from assets available for the purposes of the old scheme or the relevant scheme.
2
In respect of an old scheme the exclusion of each relevant existing body or other person to whom the foregoing paragraph applies from liability as aforesaid shall, without prejudice to the vesting in the Trustees of the liability in question, take effect only after signature and delivery of all certificates required to be made for the due registration of the title of the Trustees to all property and rights transferred with respect to the old scheme by virtue of regulation 6.
Valuation of accrued pension rights
8
1
Subject to paragraph (2), the Trustees shall cause an actuarial valuation to be prepared by the actuary of the Pension Scheme of the accrued pension rights of or in respect of the by-analogy member of each old scheme and each relevant scheme and the property and rights (if any) transferred under regulation 6 as at the coming into force of these Regulations, using actuarial assumptions identical to those adopted for the valuation of the Pension Scheme on 31st March 1989 and, in respect of any old scheme having more than one relevant existing body, showing separately the value of —
a
the accrued pension rights of that scheme for which each relevant existing body is responsible; and
b
any property or rights apportioned in the ratio which the accrued pension rights for which each relevant existing body is responsible bear to the aggregate accrued pension rights in respect of that scheme.
2
Where the Trustees have received contributions or other payments in respect of a person to whom regulation 3(2)(c)(ii) applies and are satisfied that, having regard to the provisions of the Pension Scheme and the pension rights of that person, they already hold, in whole or in part, adequate funds, the provisions of paragraph (1) shall not apply, to the extent that they are so satisfied.
3
For the purpose of this regulation, “accrued pension rights” shall mean —
a
all pension rights under the old scheme or the relevant scheme (relating, in the case of a by-analogy member in service whose pension rights are still accruing, to rights in respect of pensionable service up to the date these Regulations come into force but taking into account, where appropriate, assumed future salary increases);
b
all additional rights calculated by reference to the rights under sub-paragraph (a) of this paragraph and arising from a customary or express obligation undertaken by the relevant existing body or Scottish Board, other than annual payments arising in connection with the termination of employment of any person due to reorganisation or redundancy (including any increase in such payments); and
c
all additional rights which would arise for the benefit of or in respect of the by-analogy member of the old scheme or the relevant scheme if that scheme had contained the obligations referred to in sub-paragraph (b) of this paragraph and a provision having the same effect as Rule 26 of the Pension Scheme,
whether payments in respect of such rights are being made or are prospectively or contingently payable and includes any lump sums payable on retirement or death.
4
Subject to paragraph (2), the Trustees shall deliver a copy of the valuation prepared for the purposes of paragraph (1) and a statement specifying the amount (if any) by which the value of the accrued pension rights and any other liabilities or obligations exceeds the value of the property and rights (if any) transferred under regulation 6 —
a
in respect of an old scheme, to the relevant existing body; and
b
in respect of a relevant scheme, to the trustees of that scheme.
5
Within 60 days of the delivery of the statement under paragraph (4) the relevant existing body or the trustees of the relevant scheme, as the case may be, shall pay to the Trustees the amount specified in the statement.
Application of funds
9
The Trustees shall not cause or allow the disposal of any property or right transferred or payment received by virtue of the foregoing regulations or the application of any such property or right or payment otherwise than —
a
for the discharge of any liability or obligation or the payment of any expense imposed upon them by these Regulations; or
b
in accordance with the provisions of the Pension Scheme.
Winding up
10
Each old scheme shall cease to have effect on the date when these Regulations come into force:
Provided that —
a
the proviso to paragraph (1) of regulation 7 shall apply in relation to this paragraph as it applies in relation to that paragraph; and
b
nothing in this paragraph shall affect the operation of paragraph (2) of regulation 7.
Officers of the Electricity Consumers' Council
11
1
Any person who, whether before or after the coming into force of section 21 of and Schedule 2 to the Energy Act 1983 —
a
is or was an officer of the Electricity Consumers' Council; and
b
was treated as a member of the Pension Scheme,
shall be deemed to have been a member of the Pension Scheme from the date of commencement of such treatment, notwithstanding the provisions of section 54(1) of the 1947 Act, and any contributions paid by or in respect of that person shall be deemed to have been properly paid to and received by the Trustees.
2
In consequence of paragraph (1), the amendments to the Pension Scheme specified in Part II of the Schedule shall have effect.
John Wakeham
Secretary of State for Energy
1st February 1990
Malcolm Rifkind
Secretary of State for Scotland
2nd February 1990


text:
1
This Order may be cited as the Public Telecommunication System Designation (Cable Hackney and Islington Limited) Order 1990 and shall come into force on 18th December 1990.
2
Each of the Applicable Cabled Systems is hereby designated as a public telecommunication system.
John Redwood
Minister of State,
Department of Trade and Industry
15th November 1990


text:
1
This Order may be cited as the Firearms (Amendment) Act 1988 (Commencement No. 3) Order 1990.
2
Section 20 of the Firearms (Amendment) Act 1988 (removal of arms and ammunition to Northern Ireland) shall, insofar as it is not already in force, come into force on 2nd April 1991.
Kenneth Baker
One of Her Majesty’s Principal Secretaries of State
Home Office
20th December 1990


text:
Extent, citation and commencement
1
These Regulations, which extend to Great Britain, may be cited as the Hill Livestock (Compensatory Allowances) (Amendment) Regulations 1990 and shall come into force on the day after the day on which they are made.
Amendment of the Hill Livestock (Compensatory Allowances) Regulations 1984
2
The Hill Livestock (Compensatory Allowances) Regulations 1984 shall be further amended in accordance with regulation 3 below.
3
In paragraph (3)(a) of regulation 3 (compensatory allowances), for the figure “£6.75” there shall be substituted the figure “£7.50”.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 20th February 1990.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
20th February 1990


text:
1
This Order may be cited as the Northern Ireland (Emergency Provisions) Act 1978 (Amendment) Order 1990 and shall come into force on 29th March 1990.
2
The following organisation, that is to say —
The Irish People’s Liberation Organisation.
,
is hereby added to Schedule 2 to the Northern Ireland (Emergency Provisions) Act 1978 (which specifies organisations which are proscribed organisations for the purposes of sections 21 and 25 of that Act ).
P. L. Brooke
One of Her Majesty’s Principal Secretaries of State
Northern Ireland Office
28th March 1990


text:
Citation and Commencement
1
These Regulations may be cited as the Planning (Listed Buildings and Conservation Areas) Regulations 1990 and shall come into force on 24th August 1990.
Interpretation
2
In these Regulations “ the Act ” means the Planning (Listed Buildings and Conservation Areas) Act 1990.
Applications for listed building consent or for conservation area consent
3
1
An application to a local planning authority for listed building consent or for conservation area consent shall be made on a form issued by the local planning authority and obtainable from that authority and shall, subject to regulation 7, be lodged with the local planning authority together with two further copies of the form, plans and drawings.
2
On receipt of any such application with a certificate under regulation 6 the local planning authority shall send to the applicant an acknowledgement thereof in the terms (or substantially in the terms) set out in Part I of Schedule 1 hereto.
3
Where, after the sending of an acknowledgement as required by paragraph (2), the local planning authority form the opinion that the application is invalid by reason of failure to comply with the requirements of paragraph (1) or with any other statutory requirement, they shall as soon as may be notify the applicant that his application is invalid.
4
Where a valid application under paragraph (1) has been received by a local planning authority, the time within which the authority shall give notice to an applicant of their decision or of the reference of an application to the Secretary of State shall be a period of 8 weeks from the date when the form of application and the certificate under regulation 6 were lodged with the local planning authority or (except where the applicant has already given notice of appeal to the Secretary of State) such other period as may at any time be agreed upon in writing between the applicant and the local planning authority.
5
Every such notice of decision or reference to the Secretary of State shall be in writing and where the local planning authority decide to grant listed building consent or conservation area consent subject to conditions or to refuse it, the notice shall state the reasons for the decision and shall be accompanied by a notification in the terms (or substantially in the terms) set out in Part II of Schedule 1 hereto.
Applications to vary or discharge conditions attached to listed building consent or conservation area consent
4
1
An application to a local planning authority by a person interested in a building for the variation or discharge of conditions attached to a listed building consent or conservation area consent granted in respect of that building shall be made on a form issued by the local planning authority and obtainable from that authority, and shall, subject to regulation 7, be lodged with the local planning authority together with two further copies of the form, plans and drawings.
2
Regulations 3(2) to 3(5) shall have effect in relation to an application under this regulation as they have effect in relation to an application under regulation 3(1), except that for the reference in regulation 3(5) to a notification in the terms set out in Part II of Schedule 1, there shall be substituted a reference to a notification in the terms set out in Part III of that Schedule.
Advertisement of applications
5
1
Subject to paragraph (3), where an application under regulation 3 or 4 is made to a local planning authority in respect of any building the authority shall–
a
publish in a local newspaper circulating in the locality in which the building is situated a notice indicating the nature of the works which are the subject of the application and naming a place within the locality where a copy of the application, and of all plans and other documents submitted with it, will be open to inspection by the public at all reasonable hours during the period of 21 days beginning with the date of publication of the notice; and
b
for not less than 7 days display on or near the said building a notice containing the same particulars as are required to be contained in the notice to be published in accordance with sub-paragraph (a).
2
Subject to paragraph (3), an application under regulation 3 or 4 shall not be determined by the local planning authority before both of the following periods have elapsed, namely–
a
the period of 21 days referred to in sub-paragraph (a) of paragraph (1) above; and
b
the period of 21 days beginning with the date on which the notice required by sub-paragraph (b) of the said paragraph (1) was first displayed;
and in determining the application the authority shall take into account any representations relating to the application which are received by them before both of those periods have elapsed.
3
Paragraphs (1) and (2) shall not apply to any application for–
a
listed building consent to carry out works affecting only the interior of a building which when last notified to the authority by the Secretary of State as a building of special architectural or historic interest was classified as a Grade II (unstarred) listed building; or
b
the variation or discharge of conditions attached to a listed building consent in respect of the interior of such a Grade II (unstarred) listed building.
Certificate to accompany applications and appeals
6
1
A local planning authority shall not entertain any application under regulation 3 or 4 unless it is accompanied by one of the following certificates signed by or on behalf of the applicant–
a
a certificate stating that, at the beginning of the period of 21 days ending with the date of the application, no person (other than the applicant) was the owner of any of the building to which the application relates;
b
a certificate stating that the applicant has given the requisite notice of the application to all persons (other than himself) who at the beginning of that period were owners of any of the building to which the application relates, and setting out the names of those persons, the addresses at which notice of the application was given to them respectively, and the date of service of each such notice;
c
a certificate stating that the applicant is unable to issue a certificate in accordance with either sub-paragraphs (a) or (b), that he has given the requisite notice of the application to such one or more of the persons mentioned in sub-paragraph (b) as are specified in the certificate (setting out their names, the addresses at which notice of the application was given to them respectively, and the date of service of each such notice), that he has taken such steps as are reasonably open to him (specifying them) to ascertain the names and addresses of the remainder of those persons and that he has been unable to do so;
d
a certificate stating that the applicant is unable to issue a certificate in accordance with sub-paragraph (a), that he has taken such steps as are reasonably open to him (specifying them) to ascertain the names and addresses of the persons mentioned in sub-paragraph (b) but has been unable to do so.
2
Any such certificate as is mentioned in sub-paragraph (c) or sub-paragraph (d) of paragraph (1) shall also contain a statement that the requisite notice of the application, as set out in the certificate, has on a date specified in the certificate (which must not be earlier than the beginning of the period mentioned in sub-paragraph (a) of paragraph (1)) been published in a local newspaper circulating in the locality in which the building is situated.
3
Where an application under regulation 3 or 4 is accompanied by such a certificate as is mentioned in sub-paragraph (b), sub-paragraph (c), or sub-paragraph (d) of paragraph (1), the local planning authority–
a
shall not determine the application before the end of the period of 21 days beginning with the date appearing from the certificate to be the latest of the dates of service of notices as mentioned in the certificate, or, if later, the date of publication of a notice as so mentioned;
b
shall in determining the application take into account any representations relating to it which are made to them before the end of that period by any person who satisfies them that he is an owner of any of the building to which the application relates; and
c
shall give notice of their decision to every person who has made representations which they were required to take into account in accordance with sub-paragraph (b).
4
For the purposes of this regulation, “owner” means a person who is for the time being the estate owner in respect of the fee simple or is entitled to a tenancy granted or extended for a term of years certain of which not less than seven years remain unexpired.
5
The provisions of this regulation shall apply, with any necessary modifications, where an application under regulation 3 or 4 is referred (or is deemed to have been referred) to the Secretary of State under section 12 of the Act or, in relation to an appeal to the Secretary of State under sections 20 or 21 of the Act, as they apply in relation to an application which falls to be determined by the local planning authority.
6
Certificates issued for the purposes of this regulation shall be in the forms set out in Part 1 of Schedule 2 hereto.
7
The requisite notices for the purposes of the provisions of this regulation in relation to applications shall be in the forms set out in Part II of Schedule 2 hereto.
8
The requisite notices for the purposes of the provisions of this regulation in relation to appeals shall be in the forms set out in Part III of Schedule 2 hereto.
Applications in National Parks
7
1
An application under regulation 3 or 4 as respects a building situated in an area of a National Park outside a metropolitan county shall be made to the council of the district who shall send it on, together with all accompanying documents required by these Regulations, to the body authorised to exercise the functions relating to such application (being the council of the county, the joint planning board or the special planning board, as the case may be).
2
An application under regulation 3 or 4 as respects a building situated in an area of a National Park within a metropolitan county shall be made to the joint planning board.
Appeals
8
1
An applicant who desires to appeal–
a
against a decision of a local planning authority–
i
refusing listed building consent or conservation area consent or granting either such consent subject to conditions; or
ii
refusing to vary or discharge the conditions attached to a listed building consent or a conservation area consent, or in respect of the addition of new conditions consequential upon any such variation or discharge; or
b
on the failure of a local planning authority to give notice of their decision or of the reference of the application to the Secretary of State;
shall give notice of appeal to the Secretary of State (on a form obtained from the Secretary of State) within six months of notice of the decision or of the expiry of the appropriate period allowed under regulation 3(4), as the case may be, or such longer period as the Secretary of State may at any time allow.
2
Such a person shall also furnish to the Secretary of State a copy of each of the following documents–
i
the application;
ii
all relevant plans, drawings, particulars and documents submitted with the application, including a copy of the certificate given in accordance with regulation 6;
iii
the notice of the decision, if any;
iv
all other relevant correspondence with the local planning authority.
Claims for compensation and listed building purchase notices
9
1
A claim for compensation made to a local planning authority under sections 27, 28, 29 of the Act, or a listed building purchase notice served on the council of a district, or on the Common Council or on the council of a London borough under section 32 of the Act, shall be in writing and shall be served on that authority or council by delivering it at the offices of the authority or council addressed to the clerk thereof, or by sending it so addressed by prepaid post.
2
The time within which any such claim or notice as is mentioned in paragraph (1) shall be served, shall be–
a
in the case of a claim for compensation, 6 months; and
b
in the case of a listed building purchase notice, 12 months from the date of the decision in respect of which the claim or notice is made or given, or such longer period as the Secretary of State may allow in any particular case.
Advertisement of unopposed revocation or modification order
10
Where by virtue of the provisions of section 25(2) of the Act the making of an order under section 23 of the Act in respect of works to a building is required to be advertised, the local planning authority shall publish the advertisement in a local newspaper circulating in the area in which the building is situated.
Application of the Public Health Act 1936 to listed building enforcement notices
11
The provisions of sections 276, 289 and 294 of the Public Health Act 1936 shall apply in relation to steps required to be taken by a listed building enforcement notice, as if–
a
references to a local authority were references to the local planning authority who issued the enforcement notice or where the enforcement notice was issued by the Commission, to the Commission;
b
references (in whatever form) to the execution of works under the said Act of 1936 were references to the taking of steps required to be taken under the notice;
c
references in the said section 289 to the occupier were references to a person having an interest in the premises other than the owner; and
d
the reference in the said section 294 to “expenses under this Act” were a reference to expenses incurred in the taking of such steps as aforesaid.
Demolition of unlisted buildings in conservation areas
12
In their application to buildings in conservation areas, the provisions of the Act referred to in section 74(3) and which are set out in column (1) of Schedule 3 hereto shall have effect as they have effect in relation to listed buildings subject to–
a
the substitution of “conservation area enforcement notice” for any reference to “listed building enforcement notice”, and the substitution of “conservation area purchase notice” for any reference to “listed building purchase notice”; and
b
the exceptions and additional modifications (if any) set out opposite such provisions in column 2 of that Schedule.
Applications by local planning authorities
13
1
In relation to applications by local planning authorities relating to the execution of works for the demolition, alteration or extension of listed buildings or for the demolition of unlisted buildings in conservation areas, the provisions of the Act specified in section 82(3) of the Act shall have effect subject to the exceptions and modifications prescribed in this regulation.
2
Where a local planning authority require listed building consent for the demolition, alteration or extension of a listed building in their area or conservation area consent for the demolition of a building within a conservation area in their area, the authority shall, subject to paragraph (7), make application to the Secretary of State for that consent.
3
Any such application shall be in the form of an application to the local planning authority, and shall be deemed to have been referred to the Secretary of State under section 12 of the Act and the provisions of that section shall apply to the determination of the application by the Secretary of State.
4
Where a local planning authority have made an application for consent under paragraph (2) they shall, before sending it to the Secretary of State–
a
publish in a local newspaper circulating in the locality in which the building is situated a notice indicating the nature of the works which are the subject of the application and naming a place within the locality where a copy of the application, and of all the plans and other documents which it is intended to submit to the Secretary of State with it, will be open to inspection by the public at all reasonable hours during the period of 21 days beginning with the date of publication of the notice; and
b
for not less than 7 days display on or near the said building a notice containing the same particulars as are required to be contained in the notice to be published in accordance with sub-paragraph (a) above.
5
Paragraph (4) does not apply to any application by a local planning authority relating to works affecting only the interior of a building which when last notified to the authority by the Secretary of State as a building of special architectural or historic interest was classified as a Grade II (unstarred) listed building.
6
An application by a local planning authority to the Secretary of State under paragraph (2) above shall be accompanied by a copy of all representations duly made in relation thereto.
7
An application by the council of a county to the Secretary of State under paragraph (2) above, together with any accompanying documents required by this regulation, shall be made to the council of the district who shall forthwith send it on to the Secretary of State.
8
In relation to a listed building, or a building in a conservation area, belonging to a local planning authority, the Secretary of State may serve any notice authorised to be served by a local planning authority in relation to a listed building or a building in a conservation area.
Form of notice that a building has become, or ceased to be, listed
14
The forms set out in Schedule 4 hereto (or forms substantially to the like effect) are the prescribed forms of notice for the purposes of section 2(3) of the Act.
Application for listed building or conservation area consent in anticipation of disposal of Crown land
15
1
The following provisions of these Regulations shall, in their application to the making and determination of applications for listed building consent and conservation area consent made by virtue of section 84(2) of the Act, have effect subject to the following modifications–
a
in regulation 3(2), for the words “a certificate under regulation 6” substitute the words “the certificate or other document required by regulation 6 below”;
b
in regulation 6(1), after the words “accompanied by” insert the words “the documents described in paragraph (1A) below or”; and
c
after paragraph (1), add the following paragraph;
1A
Where an application for listed building consent or conservation area consent is made in respect of Crown land by the appropriate authority or by a person authorised by that authority in writing, and where there is no interest in the land which is for the time being held otherwise than by or on behalf of the Crown, the application shall be accompanied by–
a
a statement that there is for the time being no private interest in the land; and
b
where the application is made by a person authorised by the appropriate authority, a copy of the relevant authorisation.
.
2
The appropriate authority shall, as soon as may be, after disposing of, or disposing of an interest in, any Crown land in respect of which an application has been made by virtue of section 84(2) of the Act, give notice in writing to the local planning authority of such disposal.
Revocations
16
The Town and Country Planning (Listed Buildings and Buildings in Conservation Areas) Regulations 1987 are hereby revoked.
Chris Patten
Secretary of State for the Environment
18th July 1990
David Hunt
Secretary of State for Wales
20th July 1990


text:
1
This Order may be cited as the Public Telecommunication System Designation (Cable Thames Valley Limited) Order 1990 and shall come into force on 16th January 1991.
2
Each of the Applicable Cabled Systems is hereby designated as a public telecommunication system.
John Redwood
Minister of State
Department of Trade and Industry
14th December 1990


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Royal Liverpool University Hospital National Health Service Trust (Establishment) Order 1990 and shall come into force on 21st December 1990.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 21st December 1990;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Royal Liverpool University Hospital National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Royal Liverpool University Hospital National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to own and manage hospital accommodation and services at the Royal Liverpool Hospital, Prescot Street, Liverpool L7 8XP and associated hospitals including the management of its teaching and research facilities.
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
2
The hospital referred to in article 3(2) is a hospital which, in the opinion of the Secretary of State, has a significant teaching and research commitment and accordingly one of the non-executive directors shall be appointed from The University of Liverpool.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1991.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date in order to enable it to begin to operate satisfactorily from the operational date the trust shall have the limited functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary for the said purpose.
Assistance by health authorities before operational date
7
1
The Liverpool 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 Liverpool 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 Liverpool 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
4th December 1990


text:
1
1
These Regulations may be cited as the Town and Country Planning (Control of Advertisements) (Amendment) (No. 2) Regulations 1990 and shall come into force on 24th August 1990.
2
In these Regulations “the principal Regulations ” means the Town and Country Planning (Control of Advertisements) Regulations 1989 .
2
In regulation 2 of the principal Regulations (interpretation) —
a
in paragraph (1) —
i
for the definition of the Act, substitute ““ the Act ” means the Town and Country Planning Act 1990”;
ii
in the definition of statutory undertaker, for “section 290(1)” substitute “section 336(1)”;
b
in paragraph (2), for “sections 63 and 109” substitute “sections 220 and 224”.
3
In regulation 15 of the principal Regulations (appeals to the Secretary of State) —
a
in paragraph (1), for “sections 36 and 37” substitute “sections 78 and 79”, and in paragraph (2), for “sections 36 and 37” substitute “those sections”;
b
in paragraph (3), for “section 36” substitute “section 78”.
4
In regulation 20 of the principal Regulations (compensation under section 176 of the Act) —
a
for the heading, substitute “Compensation under section 223 of the Act”;
b
in paragraph (1), for “section 176” substitute “section 223”.
5
In regulation 26 of the principal Regulations (contravention of Regulations), for “section 109(2)” substitute “section 224(3)”.
6
For Schedule 4 to the principal Regulations, substitute —
SCHEDULE 4
APPEALS TO THE SECRETARY OF STATE
Regulation 15
PART I
MODIFICATIONS OF THE ACT (APPLICATIONS FOR EXPRESS CONSENT)
1
In section 78 of the Act —
a
in subsection (1), for paragraphs (a), (b) and (c) substitute the words “refuse an application for express consent under the Town and Country Planning (Control of Advertisements) Regulations 1989 or grant it subject to conditions,”;
b
for subsection (2) substitute —
2
A person who has made such an application for express consent may also appeal to the Secretary of State if within the period of 8 weeks from the date when the application was received by the local planning authority, that authority have not given him notice of their decision on it.
;
c
for subsection (3) substitute the following subsections —
3
Any appeal under subsection (1) or (2) shall be made by notice served within 8 weeks from the date of receipt of the local planning authority’s decision, or, as the case may be, within 8 weeks from the expiry of the period mentioned in subsection (2), or within such longer period as the Secretary of State may in either case at any time allow.
3A
The notice mentioned in subsection (3) shall be accompanied by a copy of each of the following documents —
a
the application made to the local planning authority;
b
all relevant plans and particulars submitted to them;
c
any notice of decision; and
d
any other relevant correspondence with the authority.
;
d
for subsection (4) substitute —
4
Where an appeal is made to the Secretary of State as mentioned in subsection (3), he may require the appellant or the local planning authority to submit to him, within such period as he may specify, a statement in writing in respect of such matters relating to the application as he may specify, and if, after considering the grounds of appeal and any such statement, the Secretary of State is satisfied that he has sufficient information to enable him to determine the appeal he may, with the agreement in writing of both the appellant and the local planning authority, determine the appeal without complying with section 79(2).
.;
e
in subsection (5), references to sections 253(2)(c) and 266(1)(b) shall be omitted.
2
In section 79 of the Act —
a
after subsection (1) insert —
1A
The Secretary of State may, in granting an express consent, specify that the term thereof shall run for such longer or shorter period than 5 years as he considers expedient, having regard to regulation 4 of the Town and Country Planning (Control of Advertisements) Regulations 1989 and to any period specified in the application for consent.
;
b
subsection (4) shall be omitted;
c
in subsection (5), for “such an appeal shall be final”, substitute “an appeal under section 78 shall be final, and shall otherwise have effect as if it were a decision of the local planning authority.”;
d
in subsection (6), for the words from “in respect of an application for planning permission” to “planning permission for that development”, substitute the words “in respect of an application for express consent under the Regulations, the Secretary of State forms the opinion that, having regard to the Regulations and to any direction given under them, consent”.
PART II
SECTIONS 78 AND 79 OF THE ACT AS MODIFIED (APPLICATIONS FOR EXPRESS CONSENT)
78
1
Where a local planning authority refuse an application for express consent under the Town and Country Planning (Control of Advertisements) Regulations 1989 or grant it subject to conditions, the applicant may by notice appeal to the Secretary of State.
2
A person who has made such an application for express consent may also appeal to the Secretary of State if within the period of 8 weeks from the date when the application was received by the local planning authority, that authority have not given him notice of their decision on it.
3
Any appeal under subsection (1) or (2) shall be made by notice served within 8 weeks from the date of receipt of the local planning authority’s decision, or, as the case may be, within 8 weeks from the expiry of the period mentioned in subsection (2), or within such longer period as the Secretary of State may in either case at any time allow.
3A
The notice mentioned in subsection (3) shall be accompanied by a copy of each of the following documents —
a
the application made to the local planning authority;
b
all relevant plans and particulars submitted to them;
c
any notice of decision; and
d
any other relevant correspondence with the authority.
4
Where an appeal is made to the Secretary of State as mentioned in subsection (3), he may require the appellant or the local planning authority to submit to him, within such period as he may specify, a statement in writing in respect of such matters relating to the application as he may specify, and if, after considering the grounds of appeal and any such statement, the Secretary of State is satisfied that he has sufficient information to enable him to determine the appeal he may, with the agreement in writing of both the appellant and the local planning authority, determine the appeal without complying with section 79(2).
5
For the purposes of the application of sections 79(1) and 288(10)(b) in relation to an appeal under subsection (2), it shall be assumed that the authority decided to refuse the application in question.
79
1
On an appeal under section 78 the Secretary of State may —
a
allow or dismiss the appeal, or
b
reverse or vary any part of the decision of the local planning authority (whether the appeal relates to that part of it or not),
and may deal with the application as if it had been made to him in the first instance.
1A
The Secretary of State may, in granting an express consent, specify that the term thereof shall run for such longer or shorter period than 5 years as he considers expedient, having regard to regulation 4 of the Town and Country Planning (Control of Advertisements) Regulations 1989 and to any period specified in the application for consent.
2
Before determining an appeal under section 78 the Secretary of State shall, if either the appellant or the local planning authority so wish, give each of them an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.
3
Subsection (2) does not apply to an appeal referred to a Planning Inquiry Commission under section 101.
5
The decision of the Secretary of State on an appeal under section 78 shall be final, and shall otherwise have effect as if it were a decision of the local planning authority.
6
If, before or during the determination of such an appeal in respect of an application for express consent under the Regulations, the Secretary of State forms the opinion that, having regard to the Regulations and to any direction given under them, consent —
a
could not have been granted by the local planning authority; or
b
could not have been granted otherwise than subject to the conditions imposed,
he may decline to determine the appeal or to proceed with the determination.
7
Schedule 6 applies to appeals under section 78, including appeals under that section as applied by or under any other provision of this Act.
PART III
MODIFICATIONS OF THE ACT (DISCONTINUANCE NOTICES)
1
In section 78 for subsections (1) to (5) substitute —
1
Where a discontinuance notice has been served on any person by a local planning authority under regulation 8 of the Town and Country Planning (Control of Advertisements) Regulations 1989 that person may, if he is aggrieved by the notice, appeal by notice under this section to the Secretary of State.
2
Notice of appeal shall be given in writing to the Secretary of State at any time before the date on which the discontinuance notice is due to take effect under regulation 8(3), taking account where appropriate of any extension of time under regulation 8(5), of those Regulations, or such longer period as the Secretary of State may allow, and the notice shall be accompanied by a copy of each of the following documents —
a
the discontinuance notice;
b
any notice of variation thereof; and
c
any relevant correspondence with the authority.
3
Where an appeal is brought under this section, the Secretary of State may require the appellant or the local planning authority to submit to him, within such period as he may specify, a statement in writing in respect of such matters relating to the discontinuance notice as he may specify and if, after considering the grounds of appeal and any such statement, the Secretary of State is satisfied that he has sufficient information to enable him to determine the appeal, he may, with the agreement in writing of both the appellant and the local planning authority, determine the appeal without complying with section 79(2).
.
2
In section 79 for subsection (1) substitute —
1
Where an appeal is brought in respect of a discontinuance notice the Secretary of State may —
a
allow or dismiss the appeal, or
b
reverse or vary any part of the discontinuance notice (whether the appeal relates to that part of it or not),
and may deal with the matter as if an application for express consent had been made and refused for the reasons stated for the taking of discontinuance action.
.
3
In section 79 for subsection (4) substitute —
4
On the determination of an appeal under section 78 the Secretary of State shall give such directions as may be necessary for giving effect to his determination, including, where appropriate, directions for quashing the discontinuance notice or for varying its terms in favour of the appellant.
.
4
Subsection (6) of section 79 shall be omitted.
.
7
In Part II of Schedule 5 to the principal Regulations, in the heading of each of the forms of notice, for —
“TOWN AND COUNTRY PLANNING ACT 1971”
substitute —
“TOWN AND COUNTRY PLANNING ACT 1990”.
Chris Patten
Secretary of State for the Environment
26th July 1990
David Hunt
Secretary of State for Wales
26th July 1990


text:
1
This Order may be cited as the European Communities (Definition of Treaties) (European School) Order 1990 and shall come into force forthwith.
2
The Treaty specified in the Schedule to this Order is to be regarded as a Community Treaty as defined in section 1(2) of the European Communities Act 1972.
G I de Deney
Clerk of the Privy Council
22nd September 1989


text:
1
The new highways which the Secretary of State proposes to construct along the routes described in the Schedule to this Order shall become trunk roads as from the date when this Order comes into force.
2
The centre line of each of the new trunk roads is indicated by a heavy black line on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of either of the new trunk roads that —
a
where the highway is a highway maintainable at the public expense by a local authority, the part in question shall be maintained by that authority; and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purposes of through traffic.
4
In this Order —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the deposited plan” means the plan numbered HA10/EM54 marked “The A17 Trunk Road (Wigtoft — Sutterton Bypass) and the A16 Trunk Road (Diversion at Blackitt’s Farm) Order 1990”, signed by authority of the Secretary of State and deposited at the Depart-ment of Transport, Romney House, 43 Marsham Street, London SW1P 3PY; and
ii
“the new trunk roads” means the highways mentioned in article 1 of this Order.
5
This Order shall come into force on 27th December 1990 and may be cited as the A17 Trunk Road (Wigtoft — Sutterton Bypass) and the A16 Trunk Road (Diversion at Blackitt’s Farm) Order 1990.
Signed by authority of the Secretary of State for Transport
D J Morrison
Regional Director East Midlands Region
Department of Transport
11th December 1990


text:
1
This Order may be cited as the Public Telecommunication System Designation (Cambridge Cable Limited) (Cambridge) Order 1990 and shall come into force on 26th September 1990.
2
Each of the Applicable Cabled Systems is hereby designated as a public telecommunication system.
Tim Sainsbury
Minister for Trade,
Department of Trade and Industry
22nd August 1990


text:
Citation and commencement
1
This Order may be cited as the Highland Regional Council (River Einig, Oykel Bridge) Water Order 1990 and shall come into force on 6th June 1990.
Interpretation
2
In this Order–
“ the Act ” means the Water (Scotland) Act 1980;
“approved” means approved by the Secretary of State;
“the Council” means the Highland Regional Council as water authority;
“day” means a period of 24 hours reckoned from midnight;
“deposited plans” means the two plans, each prepared in duplicate, docqueted and signed as relative to this Order and marked respectively “The Highland Regional Council (River Einig, Oykel Bridge) Water Order 1990 Plan of Catchment Area” and “The Highland Regional Council (River Einig, Oykel Bridge) Water Order 1990 Plans and Sections of Works”, one copy of each of which is deposited in the Scottish Office, New St Andrew’s House, Edinburgh, and the other in the office of the Chief Executive of the Council at Inverness;
“gauge” includes a gauge weir or other apparatus for measuring the flow of water;
“intake” includes any work by which water is taken by the Council for the purposes of the undertaking;
“undertaking” means the water undertaking for the time being of the Council;
“works” means the works described in Schedule 1 to this Order which the Council, in exercise of the powers conferred on them by section 21 of the Act, and in the lines and situations and according to the levels shown on the deposited plans, propose to construct and maintain for the purpose of providing a supply of water when they have acquired the necessary lands or sufficient rights therein.
Incorporation and application of provisions of Schedule 4 to the Act
3
The provisions of section 2 of Part II and section 10(3) and (4) of Part III of Schedule 4 to the Act as modified and adapted in terms of section 29(1) of the Act and as set out in Schedule 2 to this Order apply to the undertaking in so far as affected by the provisions of this Order.
Water rights
4
Subject to the provisions of this Order, the Council may, for the purposes of the undertaking and by means of an intake (part of Work No. 1), take water from the river known as the River Einig in the Sutherland District in the Highland Region.
5
1
During the construction of the works the Council may take from the said River Einig such water as they may require for such construction.
2
After the completion of the works the Council shall not in any day take from the said River Einig a quantity of water greater than 10 cubic metres as measured through or over an approved gauge (Part of Work No. 3).
6
If the power to take water conferred by this Order has not been exercised within ten years from the date on which this Order comes into force the said power shall cease.
Miscellaneous
7
The Council shall at all times after the expiration of six months from the date on which this Order comes into force keep at the office of the Chief Executive of the Council a copy thereof and a copy of each of the deposited plans.
Alasdair C. Paton
Deputy Chief Engineer, Scottish Office
Scottish Development Department,
27 Perth Street,
Edinburgh
30th May 1990


text:
Citation and commencement
1
This Order may be cited as the Food Protection (Emergency Prohibitions) Amendment ( No. 3) Order 1990 and shall come into force on 30th July 1990.
Partial revocation and amendment
2
The Food Protection (Emergency Prohibitions) Order 1989 is revoked to the extent that it imposes prohibitions on–
a
the slaughter of any sheep which–
i
was moved from any place in accordance with a consent given under section 2(1) of the Food and Environment Protection Act 1985 on or after 30th July 1990 which consent was subject to the condition that the sheep to which it applies should be marked with a green mark; and
ii
has been examined and marked with an ear-tag by a person authorised in that behalf by one of the Ministers; and
b
the supply or having in possession for supply of meat, or food containing meat, derived from any sheep described in paragraph (a) of this article,
and accordingly that Order is amended in accordance with the following provisions of this Order.
3
In article 5, for paragraph (2) there shall be substituted the following paragraph:–
2
Paragraph (1) above shall not apply in the case of–
a
any sheep which was moved from any place in accordance with a consent given under section 2(1) of the said Act which consent did not require that the sheep to which it applies should be marked;
b
any sheep which was moved from any place in accordance with a consent given under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a red mark;
c
any sheep which was moved from any place in accordance with a consent given on or before 1st October 1989 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a green mark;
d
any sheep which was moved from any place in accordance with a consent given on or before 14th January 1990 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark;
e
any sheep which was moved from any place in accordance with a consent given on or before 29th July 1990 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark;
f
any sheep which was moved from any place in accordance with a consent given on or after 30th July 1990 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a green mark.
.
4
In article 6, for paragraph (2), there shall be substituted the following paragraph:
2
Paragraph (1) above shall not apply in the case of–
a
any sheep which was moved from any place in accordance with a consent given under section 2(1) of the said Act which consent did not require that the sheep to which it applies should be marked;
b
any sheep which was moved from any place in accordance with a consent given on or before 1st October 1989 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a green mark;
c
any sheep which was moved from any place in accordance with a consent given on or before 14th January 1990 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark;
d
any sheep which–
i
was moved from any place in accordance with a consent given under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a red mark, or
ii
was moved from any place in accordance with a consent given on or before 29th July 1990 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark,
iii
was moved from any place in accordance with a consent given on or after 30th July 1990 which consent was subject to the condition that the sheep to which it applies should be marked with a green mark,
and which in any case has been examined and marked with an ear-tag by a person authorised in that behalf by one of the Ministers.
.
N.E. Sharp
Assistant Secretary, Scottish Office
St. Andrew’s House,
Edinburgh
25th July 1990


text:
1
This Order may be cited as the Education (Inner London Education Authority) (Transitional and Supplementary Provisions) (No. 2) Order 1990 and shall come into force on 1st April 1990.
2
At the end of the definition of “compensation” in paragraph (6) of regulation 7 of the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983 and in paragraph (3)(a) of regulation 35 of the Income Support (General) Regulations 1987 there shall be added, numbered or lettered according to context, the following sub-paragraph —
any compensation payable by virtue of section 173 or section 178(3) or (4) of the Education Reform Act 1988
.
John MacGregor Secretary of State for Education and Science
29th March 1990


text:
Citation and commencement
1
This Order may be cited as the Caithness Salmon Fishery District Designation Order 1990 and shall come into force on 1st March 1990.
Designation of Caithness Salmon Fishery District
2
1
The area described in Schedule 1 to this Order is designated as a salmon fishery district to be known as the Caithness Salmon Fishery District.
2
The following existing salmon fishery districts, namely the Forss, Thurso, Wick, Dunbeath and Berriedale Salmon Fishery Districts, being salmon fishery districts superseded by the Caithness Salmon Fishery District, are abolished.
Application of Regulations
3
The general regulations made under the Salmon Fisheries (Scotland) Acts 1862 to 1868 as respects the matters specified in section 6(6) of the Salmon Fisheries (Scotland) Act 1862 shall apply to the Caithness Salmon Fishery District as if the references to the districts abolished by article 2(2) of this Order were references to the Caithness Salmon Fishery District.
Annual close time
4
The annual close time for the Caithness Salmon Fishery District shall be the period from 27th August to 10th February, both dates inclusive, in each year, and the period or, as the case may be, periods within that time when it is permitted to fish for and take salmon by rod and line shall be the period or, as the case may be, periods in each year set out in column 2 of Schedule 2 to this Order opposite to the parts of the Caithness Salmon Fishery District described in column 1 of that Schedule.
T. J. Kelly
Assistant Secretary, Scottish Office
Department of Agriculture and Fisheries for Scotland,
Pentland House,
Edinburgh
21st February 1990


text:
1
This Order may be cited as the Public Telecommunication System Designation (Leicester Communications Limited) (Leicester and Loughborough) Order 1990 and shall come into force on 22nd October 1990.
2
Each of the Applicable Cabled Systems is hereby designated as a public telecommunication system.
Douglas Hogg
Minister of State,
Department of Trade and Industry
17thSeptember 1990