text:
Citation and commencement
1
These Regulations may be cited as the Control of Explosives Regulations 1991 and shall come into force on 1st November 1991.
Interpretation
2
1
In these Regulations, unless the context otherwise requires–
“the 1983 Regulations ” means the Classification and Labelling of Explosives Regulations 1983 ;
“chief officer of police” includes any other member of a police force who has been authorised in writing by the chief officer of police to act on his behalf for the purposes of these Regulations;
“ the Executive ” means the Health and Safety Executive;
“explosive” means any explosive article or explosive substance (as each is defined in regulation 2(1) of the 1983 Regulations) which has been assigned on classification under the 1983 Regulations to Class 1;
“explosives certificate” means the certificate described in regulation 4;
“fireworks” means the explosive articles allocated on classification under the 1983 Regulations any of the U.N. nos. 0333 to 0337;
“fog signals” means the explosive articles allocated on classification under the 1983 Regulations the U.N. no. 0193;
“for private use” means for a person’s own use or use by his employees in the course of their employment, and not for sale;
“gunpowder” means the explosive substance allocated on classification under the 1983 Regulations the U.N. no. 0027;
“holder” in relation to an explosives certificate means the person named in the explosives certificate as a fit person to acquire or to acquire and keep explosives;
“license” means any of the following granted under the Explosives Act 1875 in respect of a factory or magazine–
a license,
an amending license, or,
a continuing certificate which is deemed by that Act to be a license;
“licensed factory” and “licensed magazine” mean a factory or magazine, as the case may be, licensed under the Explosives Act 1875 or lawfully existing whether under that Act or by virtue of a certificate of exemption granted pursuant to the Explosives Act 1875 (Exemptions) Regulations 1979 ;
“name” in relation to an explosive article or explosive substance has the meaning assigned to it by the 1983 Regulations;
“occupier” has the same meaning as in section 108 of the Explosives Act 1875;
“percussion caps” means any of the explosive articles allocated on classification under the 1983 Regulations the U.N. nos. 0044, 0377 or 0378;
“prohibited person” means, subject to regulation 9(3), a person, other than a person in respect of whom an order has been made under regulation 6(4), who–
has been convicted of any offence under the Explosive Substances Act 1883 , or
has been sentenced to imprisonment or custody for life; or to imprisonment, detention in a young offenders institution, youth custody or corrective training for a term exceeding thirty months; or to preventive detention; or to detention during Her Majesty’s pleasure or for life, or under section 205(2) or (3) of the Criminal Procedure (Scotland) Act 1975 ; or for a term exceeding thirty months passed under section 53 of the Chilfren and Young Persons Act 1933 (young offenders convicted of grave crimes), or under section 206 of the said Act of 1975 (detention of children convicted on indictment), or
has been sentenced to imprisonment, or youth custody, or detention in a young offenders institution, or corrective training for a term exceeding six months, but not exceeding thirty months, and less than ten years have passed since the conviction for the crime for which sentenced, or less than five years for those under seventeen at the time of conviction, or
has been sentenced to imprisonment or youth custody or detention in a young offenders institution for a term not exceeding six months, and less than seven years have passed since the conviction for the crime for which sentenced, or less than three and a half years for those under seventeen at the time of conviction;
“registered premises” means premises registered with a local authority for the keeping of explosives under the Explosives Act 1875;
“relevant police force” means in the case of an explosive certificate–
which will certify that the holder is a fit person to keep explosives, the police force for the police area in which the place of keeping is or is to be situated,
which will certify only that the holder is a fit person to acquire explosives, the police force for the police area in which the applicant resides or, in the case of a body corporate, in which the applicant has its registered office, or, if it has no registered office, its principal office,
which has been issued, the police force stated in the certificate;
“restricted substance” means–
a substance which on classification under the 1983 Regulations has been excluded from Class 1 and designated as not presenting a significant hazard from explosion only because of the proportion it contains of water or other agent with which it is diluted, but which is neither a medicinal product as defined in section 130 of the Medicines Act 1968 nor a substance specified in an order made under section 104 or 105 of the Medicines Act 1968 which is for the time being in force and which directs that specified provisions of that Act shall have effect in relation to that substance as such provisions have effect in relation to medicinal products within the meaning of that Act, or
any collection of substances which would if mixed form one or more explosive substances and which has been prepared for that purpose;
“small arms ammunition” means the explosive articles allocated on classification under the 1983 Regulations the U.N. no. 0012, 0014 or 0055 and which are intended exclusively for use in small arms;
“smokeless powder” means the explosive substances allocated on classification under the 1983 Regulations the U.N. no. 0160 or 0161 and which are intended exclusively for use in small arms;
“store” has the same meaning as in section 108 of the Explosives Act 1875; and
“U.N. no.” means United Nations Serial Number, that is to say, one of the four-digit numbers devised by the United Nations and allocated by the Health and Safety Executive or the Secretary of State to an explosive article or substance as a means of identification.
2
In these Regulations any reference to acquiring or transferring explosive shall mean acquiring or transferring possession of or property in such explosive.
3
For the purposes of these Regulations, a person who acts as agent to acquire or transfer any explosive for another person shall be treated as if he as well as the other person had acquired or transferred that explosive as principal.
4
For the purposes of these Regulations, except for regulation 9(2), the keeping or possession of any explosive by an employee who has been duly authorised by his employer for the purposes of his employment shall be treated as if it were keeping or possession, as the case may be, by the employer.
5
Where explosive is transported (including being loaded or unloaded and during breaks which are reasonably incidental to completing the journey within a reasonable length of time) the explosive shall not be treated as being kept or acquired by or transferred to or from a person who has possession of it only by reason of being–
a
a carrier;
b
a person engaged in the work of loading or unloading; or
c
the occupier of a place it passes through while on the journey.
6
In determining whether any explosive is lost for the purposes of these Regulations, there shall be excluded any explosive in respect of which it can be shown that the cause was not theft and that the explosive no longer exists.
7
In these Regulations any reference to the quantity of any explosive shall be construed as a reference to the net mass of explosive substance.
8
For the purposes of these Regulations, an explosive is not of the same type as another explosive unless it is identical to it.
9
Unless the context otherwise requires any reference in these Regulations to–
a
a numbered regulation is a reference to the regulation in these Regulations so numbered;
b
a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which the reference appears;
c
a numbered Schedule is a reference to the Schedule to these Regulations so numbered.
Application
3
1
These Regulations shall apply to all explosives except that regulations 7, 8, 9, 12 and 13 shall not apply to the explosives listed in Schedule 1.
2
Regulations 7 to 9 shall not apply to smokeless powder or to ammunition the acquisition of which is regulated or prohibited by virtue of the Firearms Acts 1968 to 1988 .
3
Regulations 7 and 10 shall not apply to the acquisition or keeping of explosives by or on behalf of–
a
a person exercising a power of seizure under section 74 of the Explosives Act 1875 ;
b
a constable acting in the execution of his duties;
c
a person employed as mentioned in section 10 of the Police Act 1964 (civilian employees) or in section 9 of the Police (Scotland) Act 1967 (employees other than constables) who, in either case, is duly authorised in writing by the chief officer of police for the relevant police area; or
d
a customs officer acting in the performance of his functions.
4
Regulations 7 and 10 shall not apply to–
a
the Crown, in respect of any explosive which–
i
is in premises occupied on behalf of the Crown for, or
ii
is intended for use for,
naval, military or air force purposes or the purposes of the department of the Secretary of State having responsibility for defence or that of the Secretary of State having responsibility for home affairs;
b
the service authorities of visiting forces within the meaning of any of the provisions of Part I of the Visiting Forces Act 1952 or any headquarters or organisation designated for the purposes of the International Headquarters and Defence Organisations Act 1964 ;
c
a police force;
d
the Executive.
5
Regulation 9 shall not apply to the employment of or the acquisition, keeping, handling or control of any explosive or any restricted substance in the course of their duties by members of Her Majesty’s forces.
6
These Regulations shall not apply to any explosive nuclear device.
Explosives certificate
4
1
An explosives certificate is a certificate certifying that the person to whom it is issued is a fit person–
a
to acquire explosives; or
b
to acquire and keep explosives,
in accordance with the terms of the explosives certificate and shall be in the form of the certificate in Schedule 2 or one to the same effect.
2
Subject to paragraph (8), an application for an explosives certificate shall be made to the chief officer of police for the relevant police force.
3
The Executive may from time to time approve in writing a form of application for an explosives certificate and if it does so any such application shall be in the approved form or one to the same effect.
4
Subject to paragraphs (5) and (6), a chief officer of police shall issue an explosives certificate to a person who he is satisfied is a fit person to hold a certificate in those terms.
5
A chief officer of police shall not issue an explosives certificate to a person if the chief officer of police is satisfied that the person is of unsound mind or intemperate habit.
6
A chief officer of police shall not issue an explosives certificate to a person unless the chief officer of police is satisfied that–
a
the person has good reason for acquiring the explosives;
b
subject to paragraph (7), the person is a responsible person who may be permitted to acquire the explosives without danger to public safety or peace;
c
subject to paragraph (7), the person will take all reasonable precautions to prevent access to the explosives by unauthorised persons and to prevent loss of the explosives;
d
the person is not a prohibited person;
e
where the person is a body corporate, no director or secretary of the body corporate, and where the person is a Scottish firm, no partner in the firm, is a prohibited person;
f
where the application is for a certificate relating only to acquisition of explosives, it is not reasonably practicable for the applicant to be an occupier of a licensed factory, licensed magazine, store or registered premises and the explosives either will not be kept, or, if kept, the applicant will ensure that they are kept in a licensed factory, licensed magazine, store or registered premises or in premises occupied by the Secretary of State; and
g
where the application is for a certificate relating to keeping of explosives, either–
i
the applicant is or is to be the occupier of a licensed factory, licensed magazine, store or registered premises, or
ii
the explosives will be kept in premises occupied on behalf of the Crown, or
iii
the explosives are to be kept for private use, and will be kept in a licensed factory, licensed magazine, store or registered premises, or are of one or more of the descriptions specified in regulation 10(1).
7
Sub-paragraphs (b) and (c) of paragraph (6) shall not apply in respect of explosives kept or to be kept in a licensed factory or licensed magazine.
8
a
This paragraph applies with respect to an explosives certificate which would, if granted, certify only that the holder is a fit person to acquire explosives and where the person who would be the holder is not resident in Great Britain or, in the case of a body corporate, does not have a registered office or any other office in Great Britain.
b
Where this paragraph applies, the application for an explosives certificate may be made by a person resident in Great Britain who has knowledge of and control over any occasion when the person to whom the certificate would relate would acquire or use explosives.
c
An application under this paragraph shall be made to the chief officer of police for the police area in which the person who makes the application resides or, in the case of a body corporate, has its registered office or, if it has no registered office, its principal office.
9
The holder of an explosives certificate shall inform the chief officer of police who issued it of any change in the holder’s address or, where the holder is a body corporate or partnership, of its proper address for the purposes of section 46(4) of the Health and Safety at Work etc. Act 1974, either before or forthwith after any such change occurs.
Revocation and expiry of explosives certificate
5
1
A chief officer of police may revoke an explosives certificate issued by him if, at any time, he is satisfied that the holder was not when the explosives certificate was issued, or is no longer, a fit person to hold an explosives certificate in the terms of that explosives certificate.
2
A chief officer of police shall revoke an explosives certificate issued by him if, at any time, he is satisfied that any of the conditions in paragraph (5) or (6) of regulation 4 was not met when the explosives certificate was issued, or is no longer met.
3
An explosives certificate shall cease to be valid–
a
3 years after the date of issue; or
b
one year after the date of issue where the certificate relates only to the acquisition of explosives; or
c
after such lesser time as may be stated therein; or
d
after notice of revocation by the chief officer of police for the relevant police force has been served on the holder of the certificate,
whichever happens first.
4
The holder of an explosives certificate shall surrender it to the chief officer of police who issued it forthwith after it has ceased to be valid.
Appeals and applications to the Crown Court or Sheriff
6
1
A person aggrieved by any decision of a chief officer of police under regulation 4 or 5 may appeal within 21 days of receiving notice of that decision.
2
An appeal under this regulation in England and Wales shall be to the Crown Court and in Scotland shall be to the sheriff by Act of Sederunt.
3
The court hearing an appeal under this regulation may dismiss the appeal or allow the appeal and give directions to the chief officer of police to issue or restore the explosives certificate.
4
A prohibited person may apply to the Crown Court or, in Scotland, to the Sheriff by Act of Sederunt for an order that he is no longer a prohibited person and the court hearing any such application may make an order exempting him from the provisions of these Regulations relating to a prohibited person.
Acquisition and keeping of explosives
7
1
No person shall acquire any explosives unless–
a
he has a valid explosives certificate certifying him to be a fit person to acquire explosives; and
b
he acquires no more explosives than any quantity referred to in the explosives certificate; and
c
where the explosives certificate specifies the description of explosives which he is a fit person to acquire, he acquires only explosives of that description; and
d
where the explosives certificate specifies purposes for which he is a fit person to acquire explosives, he acquires them only for those purposes.
2
No person shall keep any explosives unless he–
a
has a valid explosives certificate certifying him to be a fit person to keep explosives; and
b
keeps no more explosives than the quantity referred to in the explosives certificate; and
c
where the explosives certificate specifies the description of explosives which he is a fit person to keep, keeps only explosives of that description; and
d
keeps them at any place specified in the explosives certificate.
Transfer of explosives
8
No person shall transfer any explosive to another unless he is satisfied that–
a
the transferee has an explosives certificate certifying him to be a fit person to acquire that explosive;
b
the explosive is for immediate export to a transferee resident outside the United Kingdom and any licence relating to the transfer under the Import, Export and Customs Powers (Defence) Act 1939 has been granted;
c
the explosive is for immediate transport to Northern Ireland and the transferee has police consent under regulation 11(1) of the Explosives Regulations (Northern Ireland) 1970 ;
d
the explosive is for transport to an offshore installation in controlled waters as both those terms are defined in section 1(4) of the Mineral Workings (Offshore Installations) Act 1971 ; or
e
the transferee is a person specified in regulation 3(3) or (4).
Restrictions on prohibited persons
9
1
No employer shall knowingly employ a prohibited person in a position where he handles or has control of any explosive or any restricted substance.
2
Notwithstanding regulation 7, no prohibited person shall acquire, keep, handle or have control of any explosive or any restricted substance.
3
In determining whether a person is a prohibited person for the purposes of this regulation, no account shall be taken of any sentence such as is mentioned in sub-paragraph (d) of the definition of “prohibited person” in regulation 2(1) which was imposed in respect of an offence committed before these Regulations came into force.
Keeping explosives for private use
10
1
No person shall keep any explosive for private use except explosive of one or more of the following descriptions–
a
gunpowder;
b
smokeless powder;
c
any propellant made or adapted and also, in either case, intended exclusively for small arms ammunition;
d
an explosive listed in Schedule 1.
2
No person shall keep any explosive in any premises for private use except one or more of the following–
a
any quantity of fireworks which are kept for less than 14 days before being used and are kept in a safe and suitable place with all due precautions for public safety;
b
any quantity of fog signals kept by any railway operator for use on the railway if packaged so as to be in Division 1.4 and Compatibility Group S for the purposes of the 1983 Regulations;
c
such quantity of percussion caps or small arms ammunition or a mixture of them as will ensure that the quantity of explosives kept in the premises under this sub-paragraph, including any explosives kept by other persons, does not exceed 15 kilograms;
d
such quantity of gunpowder as will ensure that the quantity of explosives kept in the premises under this sub-paragraph, including any explosives kept by other persons, does not exceed 10 kilograms; and
e
such quantity of any explosive mentioned in paragraph (1) as will ensure that the quantity of explosives kept in the premises under this sub-paragraph, including any explosives kept by other persons, does not exceed 5 kilograms.
3
This regulation shall not apply to the keeping of any explosive in a licensed factory or magazine, a store, registered premises or premises occupied on behalf of the Crown.
Occupier of licensed factory or licensed magazine to appoint person responsible for security of explosives
11
The occupier of a licensed factory or of a licensed magazine shall appoint one individual to be responsible to him for ensuring in respect of the licensed factory or licensed magazine that adequate precautions are taken to secure explosives against loss.
Making, preservation and production of records
12
1
Any person who acquires possession of or keeps any explosive shall make and maintain an up to date record containing such of the information in Schedule 3 as applies in the case.
2
Any record made under this regulation shall be preserved by the person responsible for making it in a safe place for a period of 3 years from the date of the latest entry in it.
3
For the purpose of investigating any offence which has, or which he has reasonable grounds for suspecting has, been committed, a constable may require a person responsible for preserving records under this regulation to produce all or any of them forthwith and the constable may inspect and take copies of them.
4
This regulation shall not apply to–
a
a person who acquires or keeps for private use not more than–
i
10 kilograms of gunpowder, plus
ii
5 kilograms of gunpowder or smokeless powder or of any propellant made or adapted and also, in either case, intended exclusively for small arms ammunition;
b
unfinished explosive except when it enters or leaves the factory; or
c
an explosive which is manufactured in accordance with a licence issued under the Ammonium Nitrate Mixtures Exemption Order 1967 and is used immediately at the point of manufacture.
5
For the purposes of paragraph (4)(b), explosive shall not be treated as unfinished only because it has not been packaged or labelled.
Reporting loss
13
1
Any person who acquires possession of, keeps, loads, unloads or transports explosive or is the occupier of a place where it is loaded or unloaded while on a journey shall ensure that the loss of any explosive is reported forthwith to the chief officer of police for the police area in which the loss occurs or, if he does not know where the loss occurred, to the chief officer of police for the police area in which the loss is discovered, or (where that regulation applies) in accordance with regulation 14(2).
2
Subject to paragraph (3), where the person required by paragraph (1) to ensure the reporting of a loss is a person who had acquired possession of the explosive or was keeping it, he shall also confirm the report in writing without delay including the following information (whether or not previously supplied orally)–
a
the date and time that the loss was first discovered;
b
the place at which that discovery was made;
c
a description of each type of explosive that has been lost sufficient to distinguish that type from other explosives which are similar but not identical;
d
for each type lost–
i
the number of articles lost, or
ii
the total nominal mass of each type of explosive substance lost, except that in the case of a substance in cartridge form, the number of cartridges lost may be given.
3
In the case of a person mentioned in regulation 12(4)(a) it shall be sufficient compliance with paragraph (2)(d) to include a reasonable estimate of the total quantity of explosive lost.
4
Any person who transports, loads or unloads explosive or is the occupier of a place where it is loaded or unloaded shall also report the loss of any explosive without delay to the consignor or, if the consignor is outside the United Kingdom, to the consignee.
5
Any person making a report under paragraph (4) shall provide the consignor or consignee with any information in the possession of the person making the report which the consignor or consignee needs to comply with paragraph (6).
6
Any consignor or consignee to whom a loss is reported under paragraph (4) shall without delay notify the loss in writing to the chief officer of police for the police area in which the loss was discovered, and also (if different) the chief officer of police who issued any explosives certificate held by the consignor or consignee which relates to the explosive the loss of which has been so reported, giving the information listed in paragraph (2).
7
An employee shall inform his employer without delay if he becomes aware of any loss of explosive which his employer must report.
8
Where any loss of explosive occurs at a licensed factory or licensed magazine, then any requirement in this regulation to report or supply information to a chief officer of police shall also include a like requirement to report or supply the same information to the Executive.
Extension outside Great Britain
14
1
These Regulations (except regulations 7, 8, 9, 10, 11, 16 and 17) shall apply outside Great Britain to and in relation to any explosive which is on premises, or which is used or for use in connection with activities, to which, or in relation to which, sections 1 to 59 and 80 to 82 of the Health and Safety at Work etc. Act 1974 apply by virtue of the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 1989 as they apply to and in relation to explosives in Great Britain.
2
Where any loss of explosive occurs or is discovered outside Great Britain, any report required by regulation 13(1) shall be made to any chief officer of police.
Enforcement
15
1
Subject to the following paragraphs of this regulation the enforcing authority for these Regulations in any area of Great Britain shall be the chief officer of police for that area.
2
The enforcing authority in relation to regulation 12–
a
in respect of any place within a licensed factory or magazine;
b
in respect of any place in premises occupied on behalf of the Crown for naval, military or air force purposes or for the purposes of the department of the Secretary of State having responsibility for defence; and
c
under regulation 12(1) in respect of any place below ground in any mine,
shall be the Executive.
3
The Executive shall be the enforcing authority for these Regulations–
a
in relation to regulation 11;
b
for any area outside Great Britain; and
c
against a police force or any member of a police force.
Power to revoke or amend licenses
16
The Executive may revoke or amend any license, in whole or in part, if it is satisfied that, for any reason including the circumstances in which any explosive is or may be kept, any explosive in the factory or magazine to which the license relates is insufficiently secure or insufficiently safe.
Power to grant exemptions
17
1
Subject to paragraph (2), the Executive may, by a certificate in writing, exempt any person or class of persons or any explosive or class of explosives from any requirements or prohibitions imposed by these Regulations, and any such exemptions may be granted subject to conditions and to a limit of time and may be revoked by a certificate in writing at any time.
2
The Executive shall not grant an exemption under paragraph (1) unless, having regard to the circumstances of the case, and in particular to–
a
the conditions, if any, which it proposes to attach to the exemption; and
b
any other requirements imposed by or under any enactment which apply to the case,
it is satisfied that the health or safety of persons likely to be affected by the exemption will not be prejudiced in consequence of it and that the security of explosives will not be so prejudiced.
3
The Secretary of State having responsibility for defence may, by a certificate in writing, exempt any person or class of persons or any explosive or class of explosives from any requirement or prohibition imposed by these Regulations where he is satisfied that such exemption is in the interest of national security, and any such exemption may be granted subject to conditions and to a limit of time and may be revoked by a certificate in writing at any time.
Transitional provisions
18
1
The provisions of regulation 7 shall not apply to the occupier of a licensed factory or a licensed magazine for a period of one ye ar after the date of coming into force of these Regulations and, for the same period, regulation 8 shall have effect as if the occupier of a licensed factory or licensed magazine was added to the list of persons in that regulation, provided, in each case, that such licensed factory or licensed magazine is in existence at that date.
2
Where, immediately before the coming into force of these Regulations, a certificate or license was in force under any provision revoked by these Regulations, that certificate or license shall continue in force until its expiry date or earlier revocation and nothing in regulation 7, 8 or 10 shall prevent a person from doing anything permitted by it.
Modifications, revocations and savings
19
1
The Explosives Act 1875 shall be modified to the extent set out in Part I of Schedule 4.
2
Notwithstanding the modification of section 50 of the Explosives Act 1875, Order in Council (No.9) of the 27th November 1875 relating to the Sale of Explosive shall remain in force.
3
The instruments specified in the first column of Part II of Schedule 4 shall be revoked to the extent specified in the third column of that Part, except as they apply to Northern Ireland.
4
Any record required to be kept under any instrument revoked by these Regulations shall be preserved in the same manner and for the same period as if these Regulations had not been made.
5
Any certificate or license of a type mentioned in regulation 18(2) shall be subject to revocation in the same circumstances and in the same manner as if these Regulations had not been made.
6
Nothing in these Regulations shall prejudice the operation of section 5 of the Explosives Act 1875 (which requires explosives to be kept only in licensed factories or magazines, stores or registered premises, subject to certain exceptions).
Kenneth Baker
One of Her Majesty’s Principal Secretaries of State
Home Office
5th July 1991


type: legislation

jurisdiction: UK

text:
Citation and Commencement
1
1
These Regulations may be cited as the Children (Secure Accommodation) (No. 2) Regulations 1991 and shall come into force on 14th October 1991 immediately after the Children (Secure Accommodation) Regulations 1991 .
Applications to court – special cases
2
1
Applications to a court under section 25 of the Children Act 1989 in respect of a child provided with accommodation by a health authority, a National Health Service trust established under section 5 of the National Health Service and Community Care Act 1990 or a local education authority shall, unless the child is looked after by a local authority, be made only by the health authority, National Health Service trust or local education authority providing accommodation for the child.
2
Applications to a court under section 25 of the Children Act 1989 in respect of a child provided with accommodation in a residential care home, nursing home or mental nursing home shall, unless the child is looked after by a local authority, be made only by the person carrying on the home in which accommodation is provided for the child.Signed by authority of the Secretary of State for Health.
Virginia Bottomley
Minister of State,
Department of Health
6th September 1991


text:
1
These Regulations may be cited as the International Transport of Goods under Cover of TIR Carnets (Fees) (Amendment) Regulations 1991 and shall come into force on 1st April 1991.
2
The International Transport of Goods under Cover of, TIR Carnets (Fees) Regulations 1988 shall be amended in accordance with the provisions of these Regulations.
3
In the Regulations specified in column 1 of the Table below for the amounts specified in column 2 of the Table there shall be substituted the amounts specified in column 3 of the Table.
(1) (2) (3) Regulation Existing Amount Substituted Amount
3(i) £ 62.00 £ 65.70 3(ii) £380.00 £402.80 4 £ 5.50 £ 5.80 5(i) £ 42.00 £ 44.50 5(ii) £ 60.00 £ 63.60
4
At the end of Regulation 4 there shall be added the words “and the fee for the issue of a duplicate of such certificate shall be £5.80.”
Signed by authority of the Secretary of State for Transport
Christopher Chope
Parliamentary Under Secretary of State,
Department of Transport
28th February l99l
We consent to the making of these Regulations
Sydney Chapman
Gregory Knight
Two of the Lords Commissioners of Her Majesty’s Treasury
4th March 1991


text:
Citation and commencement
1
1
This Order may be cited as the Derbyshire and Greater Manchester (County Boundaries) Order 1991.
2
This Order shall come into force on 25th November 1991 for any purpose set out in regulation 4(1) of the Local Government Area Changes Regulations 1976 .
3
For all other purposes, this Order shall come into force on 1st April 1992.
Interpretation
2
In this Order–
“Derbyshire” means the county of Derbyshire, and “electoral division” means an electoral division of that county;
“Greater Manchester” means the metropolitan county of Greater Manchester;
“High Peak” means the borough of High Peak;
“the map” means the map prepared by the Department of the Environment, marked “Map of the Derbyshire and Greater Manchester (County Boundaries) Order 1991”, and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976;
“Tameside” means the metropolitan borough of Tameside; and
“ward” means a ward of the borough to which an area is transferred, except in the expression “parish ward”, where it means a ward of the parish to which an area is transferred.
Transfers from Derbyshire to Greater Manchester
3
Each area which is marked on the map as shown in column 1 of the following Table shall be transferred from Derbyshire, from High Peak, and from the parish (if any) named in column 2 to–
a
Greater Manchester;
b
Tameside;
c
the ward mentioned in column 3;
d
the South Tameside petty sessional division and the Greater Manchester South coroner’s district.
Where a parish is named in column 2, the relevant area shall cease to form part of any parish, and where the word “unparished” appears in that column, the area shall continue to be unparished.
Area(s) marked– Transferred from– To the following ward of Tameside–
B9 and B10 Parish of Charlesworth Longdendale Table B11 and B12 Parish of Chisworth Longdendale B1 Parish of Tintwistle Stalybridge South B2, B3 and B4 Parish of Tintwistle Longdendale B5, B6, B7 and B8 Unparished Longdendale
Transfers from Greater Manchester to Derbyshire
4
Each area which is marked on the map as shown in column 1 of the following Table shall be transferred from Greater Manchester and from Tameside to–
a
Derbyshire;
b
High Peak;
c
the parish and parish ward (if any) mentioned in column 2;
d
the ward and electoral division so mentioned;
e
the Glossop petty sessional division and the High Peak coroner’s district.
Where the word “unparished” appears in column 2, the relevant area shall continue to be unparished.
1 2 Area(s) marked– Transferred to–
C5, C6, C7 and C8 of
Parish of Charlesworth
St Johns ward
Glossop South electoral division
C9, C10 and C11
Parish of Chisworth
St Johns ward
Glossop South electoral division
C1, C2, C3 and C4
Parish of Tintwistle
Tintwistle parish ward
Tintwistle ward
Glossop West electoral division
B16
Unparished
Gamesley ward
Glossop South electoral division
B14 and B15
Unparished
St Andrews ward
Glossop West electoral division
B13
Unparished
St Charles ward
Glossop West electoral division
Town and country planning
5
1
In this article, “provision” means a provision of a development plan (as defined in section 336 of the Town and Country Planning Act 1990 ).
2
Any provision applying to an area transferred by this Order shall continue to apply to that area, notwithstanding the transfer, until replaced by a provision which so applies, and which is expressed to supersede the preserved provision.
Signed by authority of the Secretary of State
Robert Key
Parliamentary Under Secretary of State,
Department of the Environment
28th October 1991


text:
Citation and interpretation
1
1
This Order may be cited as the Control of Pollution (Amendment) Act 1989 (Commencement) Order 1991.
2
In this Order “ the Act ” means the Control of Pollution (Amendment) Act 1989.
Provisions coming into force on 16th July 1991
2
The following provisions of the Act shall come into force on 16th July 1991–
a
sections 1(3), 2, 4(6) and 8 to 11;
b
sections 3, 5(3) and (6) and 6 so far as they relate to the making of regulations.
Provisions coming into force on 14th October 1991
3
Sections 3, 4 and 6 (so far as not already in force) and 7 of the Act shall come into force on 14th October 1991.
Provisions coming into force on 1st April 1992
4
The remaining provisions of the Act shall come into force on 1st April 1992.
Michael Heseltine
One of Her Majesty’s Principal Secretaries of State
15th July 1991


text:
Citation, commencement and extent
1
These Regulations may be cited as the Inheritance Tax (Delivery ofAccounts) Regulations 1991 and shall come into force on 1st July 1991.
2
These Regulations do not extend to Scotland or Northern Ireland.Interpretation
3
In these Regulations“the Principal Regulations ” means the Capital Transfer Tax (Delivery of Accounts) Regulations1981 .
Amendments to Principal Regulations
4
In Regulation 3 of the Principal Regulations —
a
in paragraph (b) for“£115,000” there shall be substituted“£125,000”;
b
in paragraph (d) for“1st April 1990” there shall be substituted“1st April 1991”.
A J G Issac
L J H Beighton
Two of the Commissioners of Inland Revenue
23rd May 1991


text:
Citation and commencement
1
This Order may be cited as the Central and Tayside Regions and Clackmannan and Perth and Kinross Districts (Crook of Devon and Rumbling Bridge) Boundaries Amendment Order 1991 and shall come into force on 1st April 1991.
Interpretation
2
In this Order —
“the 1977 Regulations ” means the Local Government Area Changes (Scotland) Regulations 1977 ; and
“boundary map” means the map prepared by the Scottish Office marked “The Central and Tayside Regions and Clackmannan/Perth and Kinross Districts (Crook of Devon and Rumbling Bridge) Boundaries Amendment Order 1991 Map” and deposited in accordance with regulation 3 of the 1977 Regulations;
and, in the Schedule to this Order, any reference to a boundary of a region is a reference to a boundary existing immediately before the commencement of this Order.
Application of the 1977 Regulations
3
Save, insofar as they can have no application in relation to the area changes effected by this Order, the provisons of the 1977 Regulations shall apply in relation thereto for the purposes of, or in consequences of, this Order.
Area changes
4
1
Those parts of Clackmannan District in Central Region, being the areas described in Part I of the Schedule to this Order and shown delineated, hatched and marked “Area A” and “Area C” on the boundary map, shall be transferred to Perth and Kinross District in Tayside Region.
2
That part of Perth and Kinross District in Tayside Region, being the area described in Part II of the Schedule to this Order and shown delineated, hatched and marked “Area B” on the boundary map, shall be transferred to Clackmannan District in Central Region.
Consequential changes of electoral arrangements
5
1
The areas described in Part I of the Schedule to this Order (being the areas transferred by article 4(1) of this Order) —
a
shall cease to form part of elecoral division 5 (Devonvale) of Central Region and of ward 9 (Harviestoun) of Clackmannan District ; and
b
shall form part of electoral division 46 (Kinross) of Tayside Region and of ward 28 (West Kinross) of Perth and Kinross .
2
The area described in Part II of the Schedule to this Order (being the area transferred by article 4(2) of this Order) —
a
shall cease to form part of electoral division 46 (Kinross) of Tayside Region and of ward 28 (West Kinross) of Perth and Kinross District; and
b
shall form part of electoral division 5 (Devonvale) of Central Region and of ward 9 (Harviestoun) of Clackmannan District.
Allan Stewart
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
28th February 1991


text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) (No.2) Regulations 1991 and shall come into force on 1st October 1991.
Preliminary
2
The Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) Regulations 1982 shall be further amended in accordance with the following provisions of these Regulations.
Amendments to regulation 2 (Interpretation)
3
1
For the heading preceding regulation 2 there shall be substituted–
General Interpretation
.
2
In regulation 2(1) the following definitions shall be inserted at the appropriate places in alphabetical order–
“axle weight” has the same meaning given in the table in regulation 3(2) of the Construction and Use Regulations;
“inter-urban motor coach” means a vehicle designed and equipped for inter-urban transport having no spaces specifically intended for standing passengers, but able to carry for short distances passengers standing in the gangway;
“long distance touring motor coach” means a vehicle designed and equipped for long distance journeys, arranged to ensure the comfort of its seated passengers and which does not carry standing passengers;
“semi-trailer” has the same meaning given in the table in regulation 3(2) of the Construction and Use Regulations;
.
3
Regulation 2(2) shall be omitted.
4
After regulation 2, there shall be inserted–
Interpretation of instruments referred to in Schedule 1
2A
The instruments referred to in column 3 of Schedule 1 shall, for the purposes of these Regulations, have effect as if–
a
a reference to a vehicle in category M1, M2, M3, N1, N2 or N3 were a reference to a vehicle described respectively as M1, M2, M3, N1, N2 or N3 in Council Directive 70/156/ EEC of 6th February 1970;
b
a reference to a vehicle in category L2 or L5 were a reference to a vehicle described respectively as L2 or L5 in ECE Regulation 78 of 15th October 1988;
c
a reference in either the Annex to Commission Directive 88/194/EEC or paragraph 5.2.1.22 of ECE Regulation 13 as amended on 28th January 1991, to vehicles authorised to tow category O4 trailers were a reference to vehicles in respect of which the manufacturer states that the towing of a trailer (not being a semi-trailer) of a laden weight exceeding 10,000 kilograms, or a semi-trailer in respect of which the sum of the axle weights exceeds 10,000 kilograms, is technically permissible;
d
a reference in either the Annex to Commission Directive 88/194/EEC or paragraph 5.2.1.22 of ECE Regulation 13 as amended on 28th January 1991, to a vehicle with a maximum mass exceeding 16 tonnes were read as a reference to a vehicle with a maximum design weight exceeding 16 tonnes;
e
a reference in either the Annex to Commission Directive 88/194/EEC or paragraph 5.2.1.21 of ECE Regulation 13 as amended on 28th January 1991, to a vehicle with a maximum mass exceeding 12 tonnes were read as a reference to a vehicle with a maximum design weight exceeding 12 tonnes; and
f
the expressions “inter-urban motor coach” and “long distance touring motor coach” had the meanings given in regulation 2(1).
.
Amendments to type approval requirements in respect of brakes
4
In Schedule 1–
a
for items 6F, 6G, 6H, 6I and 6J there shall be substituted the items numbered 6F, 6G, 6H, 6I and 6J set out in the Schedule to these Regulations; and
b
after item 6J, there shall be inserted as items 6K and 6L the items so numbered in the Schedule to these Regulations.
Signed by authority of the Secretary of State for Transport
Christopher Chope
Parliamentary Under Secretary of State,
Department of Transport
3rd September 1991


text:
1
For the purpose of connecting the motorway with other highways at the places stated in the schedule thereto, the Secretary of State is authorised to provide along the routes described in that schedule special roads for the use of traffic of Classes I and II of the classes of traffic set out in Schedule 4 to the Highways Act 1980.
2
The centre line of each of the special roads is indicated by a heavy black line on the deposited plan.
3
The special roads shall become trunk roads on the date when this Scheme comes into force.
4
In this Scheme–
i
“the motorway” means the (M1) London–Yorkshire Motor way;
ii
“the deposited plan” means the plan numbered HA16 EM6 marked “The (M1) London–Yorkshire Motorway (A46 Leicester Western Bypass) Connecting Roads (Supplementary) Scheme 1991”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
iii
“the special roads” means the special roads which the Secretary of State is authorised by this Scheme to provide; and
iv
“the Leicester Western Bypass” means the trunk road to be constructed by the Secretary of State in pursuance of the (A46) Bath–Lincoln Trunk Road (Leicester Western Bypass and Slip Roads) Order 1991, and the (A46) Bath–Lincoln Trunk Road (Lei cester Western Bypass and Slip Roads) (Sup plementary) Order 1991.
5
This Scheme shall come into force on 27th November 1991 and may be cited as the (M1) London–Yorkshire Motorway (A46 Leicester Western Bypass) Connecting Roads (Supplementary) Scheme 1991.
Signed by authority of theSecretary of State for Transport
D. J. Morrison
Regional Director East Midlands Region,
Department of Transport
22nd October 1991


text:
Citation and commencement
1
These Regulations may be cited as the Medicines (Fees Relating to Medicinal Products for Animal Use) (Amendment) Regulations 1991 and shall come into force on 4th October 1991.
Amendments
2
1
The Medicines (Fees Relating to Medicinal Products for Animal Use) Regulations 1991 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 2(1) (interpretation) the definition of “inactive biological medicinal product” shall be deleted.
3
For paragraph (b) in regulations 3, 5 and 8 respectively there shall be substituted the following paragraph —
b
in respect of any inspection specified in Schedule 2 made in connection with that application, the fee payable in accordance with paragraphs 2 to 6 of that Schedule.
.
4
In regulation 10 (inspections of a site) for the words “paragraphs 2, 3, 4 and 6 of Schedule 2” there shall be substituted the words “paragraphs 2 to 6 of Schedule 2”.
5
In regulation 16(1) (late payment of annual fees) for the words “one month” there shall be substituted the words “three months”.
6
For Part III of Schedule 1 (fees for applications for variations of licences or certificates) there shall be substituted Part III as set out in the Schedule to these Regulations.
7
In Schedule 2 (fees for inspections) —
a
in paragraph 1(1) (interpretation) before the definition of “major inspection” there shall be inserted the following definition —
“dormant biological medicinal product” means a product which is not currently being manufactured or sold and in respect of which there is no current intention to recommence the manufacture or sale;
;
b
in paragraph (5) for the words “an inactive biological medicinal product” there shall be substituted the words “a dormant biological medicinal product”.
8
In Schedule 4 —
a
in Part I, paragraph 5 for the words “paragraph 5 of Part II of this Schedule” there shall be substituted the words “paragraph 4 of Part II of this Schedule”;
b
in Part III for the words “paragraph 2 of Part I” there shall be substituted the words “the provisions of Part I of this Schedule”.
9
In paragraph 1 of Schedule 5 the words “in accordance with paragraph 5(a) of Part I of Schedule 4” shall be deleted.
Virginia Bottomley
Minister of State for Health
12th September 1991
David Hunt
Secretary of State for Wales
6th September 1991
Allan Stewart
Parliamentary Under Secretary of State, Scottish Office
5th September 1991
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 2nd September 1991.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland 29th September 1991.
F. A. Elliott
Permanent Secretary
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland 30th September 1991.
W. J. Hodges
Permanent Secretary
We consent,
Sydney Chapman
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
9th September 1991


text:
Citation and commencement
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No.8) Order 1991 Revocation Order 1991 and shall come into force at 17.00 hours on 20th September 1991.
Revocation
2
The Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No.8) Order 1991 is hereby revoked.
E. C. Davison
Assistant Secretary Scottish Office
Pentland House,
Edinburgh
20th September 1991


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Food Premises (Registration) Regulations 1991.
2
These Regulations shall come into force as follows: —
a
in relation to premises other than Crown premises —
i
all provisions other than regulations 2, 3, 5(4) and (5), 7 and 8(1), (2), (3), (4) and (8) on 1st February 1992, and
ii
regulations 2, 3, 5(4) and (5), 7 and 8(1), (2), (3), (4) and (8) on 1st May 1992;
b
in relation to Crown premises —
i
all provisions other than regulations 2, 3, 5(4) and (5), 7 and 8(1), (2), (3), (4) and (8) on 1st April 1992,
ii
regulation 5(4) and (5) on 1st May 1992, and
iii
regulations 2, 3, 7 and 8(1), (2), (3), (4) and (8) on 1st July 1992.
3
In these Regulations unless the context otherwise requires —
“ the Act ” means the Food Safety Act 1990;
“Crown premises” means premises held or used by or on behalf of the Crown;
“domestic premises” means a dwelling house or other building used principally, but not exclusively, as a dwelling, and its curtilage;
“market” shall be construed generally and not as limited to a market held by virtue of a grant from the Crown or of prescription or under statutory authority and “controller of the market” means, in relation to a market provided by a local authority, that authority, and, in any other case, the person by whose authority premises are used within the area of the market;
“moveable premises” means premises other than permanent premises, and “relevant moveable premises” means moveable premises, used for the transport or preparation of food or the retail sale of food on five or more days, whether consecutive or not, in any period of five consecutive weeks, other than —
motor vehicles which are constructed solely for the purpose of carrying no more than 8 passengers (including the driver) and their personal effects,
tents, or
moveable premises which are ordinarily kept outside Great Britain;
“non-retail sale” means sale otherwise than to the ultimate consumer;
“permanent premises” means any land or building;
“the register” means the register kept under regulation 5;
“registered” means registered in the register;
“registration authority” means an authority which is required by regulation 9 to enforce these regulations, and
“relevant registration authority” means, in relation to any premises, the registration authority in whose area the premises are situated;
“retail sale” means sale to the ultimate consumer;
“sale” shall be construed in accordance with section 2 of the Act, and as including possession, offer or exposure for sale, and consigning, delivering and serving by way of sale;
“supplementary record” means the record kept under regulation 6(1);
“supply” means, in relation to any food, to give it away in the course of any trade or business, and the possession, preparation, storage, offer or exposure of food for such supply and serving by way of such supply;
“tents” includes marquees, awnings and similar structures but does not include stalls;
“ultimate consumer” means the same as in regulation 2(1) of the Food Labelling Regulations 1984 ;
“voluntary organisation” means a body the activities of which are carried on otherwise than for profit, but does not include any body exercising the functions of central or local government.
4
Section 50 (service of documents) of the Act shall apply to the making of applications and the supply of particulars under these Regulations as it applies to the giving or serving of documents.
5
In these Regulations, unless the context otherwise requires, a reference —
a
to a numbered regulation or Schedule is a reference to the regulation in or Schedule to these Regulations bearing that number;
b
in a regulation or a Schedule to a numbered paragraph is a reference to the paragraph in that regulation or Schedule bearing that number.
Prohibition on use of premises for a food business
2
1
Subject to paragraphs (3), (4) and (5) and to regulation 3, no person shall use any premises for the purposes of a food business on five or more days, whether consecutive or not, in any period of five consecutive weeks unless —
a
those premises are registered;
b
those premises, though not registered, are required by virtue of paragraphs (3), (4) or (5) or regulation 4(2) to be registered on the application of some other person; or
c
an application for those premises to he registered has been made in accordance with regulation 4 to the relevant registration authority at least 28 days before the first day of such use.
2
Subject to paragraphs (3), (4) and (5) and to regulation 3, premises shall not be used for the purposes of two or more food businesses, whether carried on by the same or by different persons, on five or more days, whether consecutive or not, in any period of five consecutive weeks unless —
a
those premises are registered; or
b
an application for those premises to be registered has been made in accordance with regulation 4 to the relevant registration authority at least 28 days before the first day of such use.
3
Schedule 1 shall have effect for the purposes of determining requirements for registration where relevant moveable premises are used for the purposes of a food business within the area of a market.
4
Schedule 2 shall have effect for the purposes of determining requirements for registration where a set of permanent premises is included in another set of permanent premises.
5
Schedule 3 shall have effect for the purposes of determining the requirements for registration where moveable premises are used for the purposes of a food business, other than where relevant moveable premises are used within the area of a market.
Exceptions
3
1
Regulation 2 does not apply to premises at which the only commercial operations carried out in relation to food or food sources are one or more of the following —
a
killing game (Including deer) for food by way of sport or the non-retail sale of food from game killed there;
b
taking fish for food or the non-retail sale of food from fish taken there;
c
harvesting food in the course of horticulture, viticulture or arable farming, or —
i
the cleaning of food harvested there,
ii
the storage of food harvested there,
iii
the packaging of food harvested there except in a form in which the food is to be sold by retail,
iv
the non-retail sale of food harvested there;
d
collecting honey from bees;
e
the production or packing of eggs or the non-retail sale of eggs produced or packed there;
f
the retail sale of food by means of an automatic vending machine on those premises;
g
the supply of beverages, or of biscuits, potato crisps, confectionery or other similar products, ancillary to a business whose principal activity is not the sale of food;
h
the supply of food in the course of a religious ceremony.
2
Subject to paragraph 6 of Schedule 3, regulation 2 also does not apply to premises used only —
a
as a dairy or as a dairy farm, in each case within the meaning, in relation to England and Wales, of the Milk and Dairies (General) Regulations 1959 and, in relation to Scotland, of the Milk and Dairies (Scotland) Regulations 1990 ;
b
in England or Wales, by a person carrying on a food business there only as a distributor within the meaning of the Milk and Dairies (General) Regulations 1959;
c
as a slaughterhouse within the meaning, in England and Wales, of Part I of the Slaughterhouses Act 1974 or, in Scotland, the Slaughter of Animals (Scotland) Act 1980 ;
d
as a slaughterhouse or cutting premises in respect of which a licence is required under regulation 12 of either the Poultry Meat (Hygiene) Regulations 1976 or the Poultry Meat (Hygiene) (Scotland) Regulations 1976 ;
e
as export cutting premises, an export cold store or a transhipment centre approved under regulation 4 of either the Fresh Meat Export (Hygiene and Inspection) Regulations 1987 or the Fresh Meat Export (Hygiene and Inspection) (Scotland) Regulations 1987 ;
f
as an establishment preparing meat products for export to another Member State of the European Economic Community approved in accordance with article 7 of Council Directive 77/99/ EEC as amended by Council Directive 88/658/EEC
3
Subject to paragraph 6 of Schedule 3, regulation 2 also does not apply to —
a
premises controlled by a voluntary organisation or the trustees of a charity and used only for the purposes of such organisations or charities, where no food (other than dry ingredients for the preparation of beverages, sugar, biscuits, potato crisps or other similar dry products) is stored for sale;
b
premises at which —
i
no food intended for sale for human consumption is present, and
ii
no relevant moveable premises are ordinarily kept;
c
premises where food is —
i
stored for sale, or
ii
prepared for sale,
and it is intended, when the food first enters those premises, that its sale is to take place only in the event of an emergency or disaster;
d
premises in respect of which a certificate under section 54(4) of the Act has been issued by the Secretary of State.
4
Subject to paragraph 6 of Schedule 3, regulation 2 also does not apply to domestic premises used for the purposes of a food business if —
a
the proprietor of the business does not reside there, and the business does not consist of or include the peeling of shrimps or prawns;
b
the proprietor of the business does reside there, but the only commercial operations carried out there in relation to food or food sources are —
i
the sale of food ancillary to the provision of accommodation in not more than three bedrooms, or
ii
the sale, or preparation for sale of honey (wherever collected), or of horticultural or viticultural produce harvested on the premises.
Applications for registration
4
1
An application for premises to be registered as required by regulation 2(1) shall be made in writing to the relevant registration authority by the proprietor of the food business for the purposes of which the premises are or are to be used.
2
An application for premises to he registered as required by regulation 2(2) shall be made in writing to the relevant registration authority by the person who permits the premises to be used for the purposes of a food business on five or more days (whether consecutive or not) in any five consecutive weeks.
3
An application for premises to be registered as required by paragraph 5 of Schedule 3 shall be made in writing to the relevant registration authority by the proprietor of the food business for the purposes of which the premises are or are to be used because of the ordinary keeping there of relevant moveable premises.
4
The form of application for the purposes of paragraph (1) or paragraph (3) is hereby prescribed as being that set out in Schedule 4 and the application shall contain the particulars required by that form, and shall be signed by or on behalf of the person making it.
5
An application for the purposes of paragraph (2) shall contain the same particulars as are required by paragraphs 1, 3, 5, 8 and 9 of the form referred to in paragraph (4) and shall be signed by or on behalf of the person making it.
6
Subject to paragraph (7), upon receipt of an application made in accordance with such of the preceding paragraphs of this regulation as apply to it the registration authority shall, unless the premises are already registered, register the premises within 28 days.
7
Upon receipt of an application under paragraph (3), made in accordance with paragraph (4), the registration authority shall, unless the permanent premises are already registered in respect of their use for the purposes of that business, register the premises within 28 days.
The register
5
1
Every registration authority shall keep a register containing particulars of the name (if any) and address of premises for which they are the relevant registration authority in respect of which the particulars required by regulation 4(4) or (5) have been furnished together with, in the case of premises required to be registered by regulation 2(1) or paragraph 5 of Schedule 3, —
a
the name of the business; and
b
particulars of the nature of the business.
2
Where the premises to be registered are relevant moveable premises used within the area of a market, the address referred to in paragraph (1) is that at which they are ordinarily kept.
3
The register shall be open to inspection at all reasonable times by a constable or an authorised officer of any of the authorities mentioned in section 6(4)(a) of the Act, and a copy of the register, or any entry in it, may be given or sent to a person authorised to inspect it and shall be given or sent to such a person if he reasonably requests it.
4
The register shall be open to inspection by the public at all reasonable times, and the registration authority may give or send to any person, a copy of the register or of any entry in it.
5
As a condition of giving or sending a copy under paragraph (4) a registration authority may impose a charge of an amount which shall be at their discretion.
Supplementary record
6
1
Every registration authority shall keep, in addition to but separately from the register, a supplementary record containing, for all registered premises for which it is the relevant registration authority, the particulars required by regulation 4(4) or (5) to be contained in an application for the premises to be registered.
2
The supplementary record shall not be open to inspection by the public but shall be open to inspection at all reasonable times by a constable or by an authorised officer of any of the authorities mentioned in section 6(4)(a) of the Act, and a copy of the supplementary record, or of any entry in it, may be given or sent to a person entitled to inspect it.
Supply of information and alterations to register
7
1
Where there is a change of proprietor of a food business carried on at premises required, before the occurrence of the change, by regulation 2(1) or paragraph 5 of Schedule 3, to be registered the new proprietor shall, before, on or within 28 days after the date of the change, supply the relevant registration authority with the same particulars as are required by regulation 4(4) to be provided on an application for premises to be registered.
2
Where there is a change in the nature of a food business (other than one carried on from relevant moveable premises in a market to which paragraph 2 of Schedule 1 applies) particulars of which are contained in the register under regulation 5(1)(b), the proprietor of the business shall supply the relevant registration authority with particulars of the change no later than 28 days after the date of its occurrence.
3
The relevant registration authority shall make such alterations to the register and to the supplementary record (including the removal of particulars relating to premises which are no longer used for the purposes of a food business) as are necessary to take account of —
a
any particulars supplied under paragraphs (1) or (2);
b
any changes which have come to its attention otherwise than under paragraphs (1) or (2).
4
The registration authority shall not alter particulars relating to a food business under paragraph (3)(b) without having first given the proprietor of the business 28 days prior notice in writing of its intention to do so, and without having considered any representations which he makes to them within that period.
Offences
8
1
Any person who contravenes the provisions of regulation 2(1) shall be guilty of an offence triable summarily and liable on conviction to a fine not exceeding level 3 on the standard scale.
2
Any person who permits premises to be used for the purposes of a food business in contravention of regulation 2(2) shall he guilty of an offence triable summarily and liable on conviction to a fine not exceeding level 3 on the standard scale.
3
Any person who contravenes regulation 7(1) or (2) shall be guilty of an offence triable summarily and liable on conviction to a fine not exceeding level 3 on the standard scale.
4
Any person who contravenes the provisions of paragraph 5 of Schedule 3, shall be guilty of an offence triable summarily and liable on conviction to a fine not exceeding level 3 on the standard scale.
5
Any person who for any purpose connected with these Regulations furnishes information which he knows to be false shall be guilty of an offence triable summarily and liable on conviction to a fine not exceeding level 5 on the standard scale.
6
Subject to paragraph (7), any person who, otherwise than in the performance of his duty or pursuant to regulation 5 or regulation 6(2), intentionally or recklessly discloses to another person particulars supplied to a registration authority under these Regulations shall be guilty of an offence triable summarily and liable on conviction to a fine not exceeding level 5 on the standard scale.
7
lt shall be a defence for a person charged with an offence under paragraph (6) relating to disclosure of the supplementary record or of any entry in it to show that he did not know, and had no reasonable grounds to suspect, that the person to whom he disclosed the information was not a person to whom such disclosure might lawfully be made.
8
Subsections (1), (5) and (6) of section 21 of the Act shall apply to an offence under any of paragraphs (1), (2), (3) or (4) of this regulation as they apply to an offence under any of the provisions of Part II of the Act which precede section 21.
Enforcement
9
1
Subject to paragraph (2) these Regulations shall he enforced —
a
in relation to a district in England or Wales, or a London borough, by the council of that district or borough;
b
in relation to the City of London and the Temples, by the Common Council;
c
in relation to an islands area or a district in Scotland, by the council of the islands area or district;
d
in relation to the Isles of Scilly, by the Council of the Isles of Scilly.
2
In relation to premises with respect to which the functions of a food authority are assigned to a port health authority in England or Wales or a port local authority in Scotland, that port health authority or port local authority shall enforce these Regulations.
Consequential amendment and transitional provisions
10
1
In regulation 8(2) of the Food Hygiene (General) Regulations 1970 for the words “with a food authority for the preparation of the food in question” there shall be substituted “under the Food Premises (Registration) Regulations 1991”.
2
Premises registered under section 16 of the Food Act 1984 immediately before its repeal shall until I May 1992 be treated as registered under these Regulations for the purpose of regulation 8(2) of the Food Hygiene (General) Regulations 1970.
3
An application for premises to be registered may be made before the commencement date in accordance with regulation 4 as though the provisions of regulations 2 and 3 were in force.
4
In relation to premises, other than Crown premises, in respect of which an application is made by virtue of paragraph (3) more than 28 days before the commencement date, regulation 4(6) and (7) shall have effect as though for the requirement to register premises within 28 days there were substituted a requirement to register the premises as soon as is reasonably practicable, and in any event by 1st May 1992.
5
In relation to premises registered or required to be registered in consequence of such an application, the reference in regulations 5(1) and 7(1) to premises required to be registered shall be construed as references to premises which would be required by regulation 2(1), or paragraph 5 of Schedule 3, to be registered were regulation 2 in force.
6
In paragraphs (3) and (4) “commencement date” means —
a
in relation to premises other than Crown premises, 1st May 1992;
b
in relation to Crown premises, 1st July 1992.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed this 13th day of December 1991.
John G mmer
Minister of Agriculture, Fisheries and Food
Signed by authority of the Secretary of State for Health
Stephen Dorrell
Parliamentary Under Secretary of State,
Department of Health
13th December 1991
David Hunt
Secretary of State for Wales
13th December 1991
Signed by authority of the Secretary of State for Scotland
Lord Strathclyde
Parliamentary Under Secretary of State, Scottish Office
13th December 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Burnley Health Care National Health Service Trust (Establishment) Order 1991 and shall come into force on 1st November 1991.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of or Schedule 1 to the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 1st November 1991;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Burnley Health Care National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Burnley Health Care National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at Burnley General Hospital, Casterton Avenue, Burnley, Lancashire, BB10 2PQ and associated hospitals;
b
to manage community health services provided from Burnley General Hospital, Casterton Avenue, Burnley, Lancashire, BB10 2PQ and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1992.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Burnley, Pendle and Rossendale 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 Burnley, Pendle and Rossendale 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 Burnley, Pendle and Rossendale Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Stephen Dorrell
Parliamentary Under Secretary of State,
Department of Health
21st October 1991


text:
1
1
This Order may be cited as the Child Abduction and Custody (Parties to Conventions) (Amendment) (No. 3) Order 1991 and shallcome into force on 19th November 1991.
2
The Child Abduction and Custody (Parties to Conventions) (Amendment) (No. 2) Order 1991 is revoked.
2
For Schedule 1 to the Child Abduction and Custody (Parties to Conventions) Order 1986 there shall be substituted the following —
SCHEDULE 1
CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION, THE HAGUE, 25th OCTOBER 1980
Article 2
Contracting States to the Convention Territories specified in Declarations under Article 39 or 40 of the Convention Date of Coming into Force as between the United Kingdom and the State or Territory
The Argentine Republic — 1st June 1991 Australia Australian States and mainland Territories 1st January 1987 Austria — 1st October 1988 Belize — 1st October 1989 Canada Ontario 1st August 1986 New Brunswick 1st August 1986 British Columbia 1st August 1986 Manitoba 1st August 1986 Nova Scotia 1st August 1986 Newfoundland 1st August 1986 Prince Edward Island 1st August 1986 Quebec 1st August 1986 Yukon Territory 1st August 1986 Saskatchewan 1st November 1986 Alberta 1st February 1987 Northwest Territories 1st April 1988 The French Republic — 1st August 1986 The Federal Republic of Germany — 1st December 1990 The Hungarian People’s Republic — 1st September 1986 Ireland — 1st October 1991 Israel — 1st December 1991 the Grand Duchy of Luxembourg — 1st January 1987 Mexico — 1st September 1991 The Kingdom of the Netherlands — 1st September 1990 New Zealand — 1st August 1991 Norway — 1st April 1989 The Portuguese Republic — 1st August 1986 Spain — 1st September 1987 Sweden — 1st June 1989 The Swiss Confederation — 1st August 1986 The United States of America — 1st July 1988
G. I. de Deney
Clerk of the Privy Council


text:
1
This Order may be cited as the Housing (Right to Buy) (Priority of Charges) Order 1991 and shall come into force on 1st April 1991.
2
The following bodies are hereby specified as approved lending institutions for the purposes of section 156 of the Housing Act 1985:
a
Legal and General Mortgage Services Limited
b
Leeds and Holbeck Mortgage Corporation Limited
c
Albion Home Loans Limited.
Michael Heseltine
Secretary of State for the Environment
28th February 1991
David Hunt
Secretary of State for Wales
7th March 1991
We consent,
Sydney Chapman
lrvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
11th March 1991


text:
1
1
These Rules may be cited as the Matrimonial Causes (Costs) (Amendment) Rules 1991 and shall come into force on 1st April 1991.
2
In these Rules, unless the context otherwise requires, a rule or Schedule referred to by number means the rule or Schedule so numbered in the Matrimonial Causes (Costs) Rules 1988 .
3
These Rules shall apply for the taxation of the costs of work done on or after 1st April 1991.
2
In rule 11(3), for the sum “£7.50”, there shall be substituted the sum “£8.00”.
3
For Schedule 2, there shall be substituted the following Schedule —
SCHEDULE 2
PART I
PREPARATION
Column 1 Column 2 Column 3 High Court County Court
ITEM
1
Writing routine letters
£4.00 per item £3.50 per item
2
Receiving routine letters
£2.00 per item £1.75 per item
3
Routine telephone calls
£4.00 per item £3.50 per item
4
All other preparation work including any work which was reasonably done arising out of or incidental to the proceedings, interviews with client, witnesses, and other parties; obtaining evidence; preparation and consideration of, and dealing with, documents, negotiations and notices; dealing with letters written and received and telephone calls which are not routine
Where the proceedings were conducted in the divorce registry or in another court on the South-Eastern Circuit at the time when the relevant work was done: £44.50 per hour £39.00 per hour All other circuits £41.75 per hour £37.00 per hour
5
In addition to items 1-4 above, to cover the general care and conduct of the proceedings
+50% +50%
6
Travelling and waiting time in connection with the above matters
£30.50 per hour £28.00 per hour
PART II
CONFERENCES WITH COUNSEL
7
Attending counsel in conference
£35.50 per hour £31.00 per hour
8
Travelling and waiting
£30.50 per hour £28.00 per hour
PART III
ATTENDANCES
9
Attending with counsel at the trial or hearing of any cause or the hearing of any summons or other application at court, or other appointment
£35.50 per hour £31.00 per hour
10
Attending without counsel at the trial or hearing of any cause or the hearing of any summons or other application at court, or other appointment
£53.50 per hour £50.50 per hour
11
Travelling and waiting
£30.50 per hour £28.00 per hour
PART IV
FEES FOR JUNIOR COUNSEL
12
With a brief on an unopposed application for an injunction, or procedural issue
Standard £84.50 £73.00 Maximum £140.00 £121.00
13
With a brief on the trial of a cause or matter or on the hearing of an ancillary application or on a children appointment where the hearing lasts for
a
one hour
Standard £127.50 £109.00 Maximum £256.00 £218.50
b
a half day
Standard £176.50 £152.00 Maximum £291.00 £256.00
c
a full day
Standard £352.00 £304.00 Maximum £559.00 £486.00
d
more than a full day
Discretionary Discretionary
14
For each day or part of a day on which the trial of a cause or matter, or the hearing of an ancillary application, or a children appointment, is continued after the first day
Discretionary Discretionary
15
Conference (including time reasonably spent in preparation and conference, but not otherwise remunerated)
Standard £19.50 per ½ hour Standard £17.00 per ½ hour
16
a
Complex items of written work (such as advices on evidence, opinions and affidavits of a substantial nature, requests for particulars or answers)
Standard £92.00 per item Standard £79.00 per item
b
All other written work
Standard £54.50 per item £48.00 per item
17
Except where the court is within 25 miles of Charing Cross or where there is no local Bar in the court town, or within 25 miles thereof, for travelling time
Standard £17.70 per hour + expenses Standard £15.20 per hour + expenses
PART V
TAXATION AND REVIEW OF TAXATION
18
Preparing the bill (where allowable) and completing the taxation (excluding preparing for and attending the taxation)
£30.50 — £85.50 £30.50 — £48.75
19
Preparing for and attending the taxation (including travelling and waiting)
Discretionary Discretionary
20
Review by registrar or judge (including preparation)
Discretionary Discretionary
Mackay of Clashfern, C.
Stephen Brown, P.
Mathew Thorpe, J.
M. F. Norrie
R. L. Ward
Gerald Angel
W. K. Wills
James Holman
Hugh Morgan
M. J. W. Churchouse
J. M. Appleby
7th March 1991


text:
1
This Order may be cited as the Representation of the People Act 1991 (Commencement) Order 1991.
2
The Representation of the People Act 1991 shall come into force on 22nd July 1991.
Thomas Sackville
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
16th July 1991


text:
1
These Regulations may be cited as the Non-Domestic Rating (Electricity Generators) Regulations 1991 and shall come into force on 1st April 1991.
2
1
This regulation applies to a non-domestic hereditament (other than a hereditament which falls, by virtue of regulations made under section 53 of the Local Government Finance Act 1988 , to be shown on a central rating list) —
a
which is used or available for use for the purposes of generating electricity, where —
i
such use is its primary function; or
ii
its primary function is in connection with a scheme for the production for sale of both electrical power and heat; or
iii
its primary source of energy is the burning of refuse;
and fuel used for the generation of electricity is also won and worked or produced on the hereditament; and
b
in relation to which the generating plant —
i
uses wind, tidal or water power as its primary source of energy; or
ii
if its primary source of energy is the burning of refuse, and neither paragraph (i) nor paragraph (ii) of sub-paragraph (a) applies, has a declared net capacity of 25 megawatts or more; or
iii
has a declared net capacity of 500 kilowatts or more; and
c
which would, apart from these Regulations, be treated as a single hereditament.
2
So much of a hereditament to which this regulation applies as consists of —
a
land,
b
plant, or
c
buildings
used for the purposes of the winning and working or production of fuel used for the generation of electricity, shall be treated as a separate hereditament.
Michael Heseltine
Secretary of State for the Environment
5th March 1991
David Hunt
Secretary of State for Wales
5th March 1991


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Fund Cold Weather Payments (General) Amendment No. 3 Regulations 1991 and shall come into force on 1st November 1991 immediately after the coming into force of the Social Fund Cold Weather Payments (General) Amendment No. 2 Regulations 1991 .
2
In these Regulations “the Cold Weather Payments Regulations ” means the Social Fund Cold Weather Payments (General) Regulations 1988 .
Insertion of Regulation 1A of the Cold Weather Payments Regulations
2
After regulation 1 of the Cold Weather Payments Regulations (citation, com mencement and interpretation) there shall be inserted the following regulation–
Prescribed description of persons
1A
The description of persons prescribed as persons to whom a payment may be made out of the Social Fund to meet expenses for heating under section 32(2A) of the Act is claimants who have been awarded income support in respect of at least one day during the recorded or the forecasted period of cold weather specified in regulation 2(1)(a) and either–
i
whose applicable amount includes one or more of the premiums specified in paragraphs 9 to 14 of Part III of Schedule 2 to the General Regulations; or
ii
whose family includes a member aged less than 5.
.
Amendment of regulation 2 of the Cold Weather Payments Regulations
3
Regulation 2 of the Cold Weather Payments Regulations (prescribed circum-stances) shall be amended in accordance with the following provisions of this Regulation, namely–
a
in paragraph (1)(b), at the end the word “; and” shall be omitted;
b
paragraph (1)(c) shall be omitted;
c
in paragraph (5)(a) after the words “a claimant” there shall be inserted the words “falls within the description of persons prescribed in Regulation 1A and”;
d
in paragraph (5)(c) for the words “satisfy the prescribed circumstances in paragraph (1)(c)” there shall be substituted the words “fall within the description of persons prescribed in Regulation 1A”.
Signed by authority of the Secretary of State for Social Security.
Ann Widdecombe
Parliamentary Under-Secretary of State,
Department of Social Security
25th October 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Tendring Hundred Waterworks Company (Constitution and Regulation) Order 1991 and shall come into force on 1st December 1991.
2
In this Order —
“the 1845 Act ” means the Companies Clauses Consolidation Act 1845 ;
“the 1863 Act ” means the Companies Clauses Act 1863 ; and
“the Third Schedule” means the Third Schedule to the Water Act 1945 .
Approval of proposal contained in the special resolution
2
The proposal contained in the special resolution is hereby approved.
Date on which memorandum and articles come into force etc.
3
The date specified for the purposes of section 101(2) of the Act as the date on which the memorandum and articles shall come into force and the relevant provisions shall cease to have effect is 1st December 1991.
Consequential provision
4
The local statutory provisions referred to in Schedule 2 hereto are repealed to the extent indicated in that Schedule with effect from 1st December 1991.
Signed by authority of the Secretary of State
G. S. K. Young
Minister of State,
Department of the Environment
4th September 1991


text:
1
These Regulations may be cited as the Insurance Companies (Accounts and Statements) (Amendment) Regulations 1991 and shall come into force on 31st December 1991.
2
The Insurance Companies (Accounts and Statements) Regulations 1983 shall have effect subject to the following amendments.
3
In regulation 3 (interpretation), in paragraph (c) of the definition of “premiums receivable”, for “29A” substitute “38” and for “29B” substitute “39”.
4
In regulation 21 (additional information on general business accepted under reinsurance treaties (proportional and non-proportional)), in paragraph (2)(a)(ii) for “Form 27” substitute “Form 27A”.
5
In regulation 22 (additional information on general business accepted under reinsurance treaties (proportional)) —
a
in paragraph (2), for “Form 27” substitute “Form 27A”;
b
in paragraph (4), for “Form 27” substitute “Form 27A”.
6
In regulation 22A (additional information on direct credit business accepted), for “Form 29A” substitute “Form 38” and for “Form 29B” substitute “Form 39”.
7
In Schedule 1 (balance sheet and profit and loss account), for Form 15 substitute the Form 15 set out in the Schedule to these Regulations.
8
In Schedule 2 (general business: revenue account and additional information) —
a
in the heading “GENERAL BUSINESS: REVENUE ACCOUNT AND ADDITIONAL INFORMATION (Forms 20 to 37)”, for “37” substitute “39”;
b
in paragraph 1, for “37” substitute “39” and for “Forms 29 and 30” substitute “Form 30”;
c
in paragraph 11, for “Forms 24, 25, 26, 34 and 35” substitute “Forms 24, 25, 26, 29, 34, 35 and 39” and after “insurance business” insert “or reinsurance treaties”;
d
in paragraph 12, for “Forms 27 and 28” substitute “Forms 27, 27A and 28”;
e
in paragraph 13(a), for “each Form 27” substitute “each Form 27A”;
f
in paragraph 13(b), omit the words “with amounts shown on each Form 29 prepared pursuant to regulation 21 above and”;
g
in Form 27, omit the entry “Total/Category (to be specified)”;
h
after Form 27 insert Form 27A as set out in the Schedule to these Regulations;
i
for Form 29 substitute the Form 29 set out in the Schedule to these Regulations;
j
omit Forms 29A and 29B;
k
after Form 37, insert Forms 38 and 39 as set out in the Schedule to these Regulations.
John Redwood
Minister of State,
Department of Trade and Industry
14th November 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Liverpool Obstetric and Gynaecology Services National Health Service Trust (Establishment) Order 1991 and shall come into force on 1st November 1991.
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 1st November 1991;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Liverpool Obstetric and Gynaecology Services 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 Liverpool Obstetric and Gynaecology Services National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
to own and manage hospital accommodation and services provided at Mill Road Maternity Hospital, Mill Road, Liverpool L6 2AH 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
Since the trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 3(1)(d) of Schedule 2 to the Act one of the non-executive directors shall be appointed from University of Liverpool.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1992.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The 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
21st October 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Ravensbourne Priority Health National Health Service Trust (Establishment) Order 1991 and shall come into force on 1st November 1991.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of or Schedule 1 to the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 1st November 1991;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Ravensbourne Priority Health 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 Ravensbourne Priority Health National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at Bassetts House, Broadwater Gardens, Farnborough, Orpington, Kent BR6 7UA and associated hospitals;
b
to manage community health services provided from Bassetts House, Broadwater Gardens, Farnborough, Orpington, Kent BR6 7UA and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1992.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Bromley 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 Bromley 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 Bromley Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Virginia Bottomley
Minister of State,
Department of Health
21st October 1991