text:
Title and commencement
1
This Order may be cited as the Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) Order 1991 and shall come into force on 1st July 1991.
Interpretation
2
1
In this Order —
“beam trawler” means a fishing boat which, in so far as it carries or uses nets, carries or uses only nets which are designed to be towed along the sea-bed and which have their mouth extended by a beam, bar or other rigid device;
“codend” means the rearmost part of a net, being made up of one or more panels (pieces of netting) of the same mesh size attached to one another along their sides in the long axis of the net by a lacing;
“codline” means a rope making it possible to close the rear of the codend by means of either a knot which can be easily loosened or a mechanical device;
“extension piece” means an extension piece located immediately in front of the codend and excludes any tapered part of the net;
“flapper” means a piece of netting with a mesh size at least equal to that of the codend and any extension piece, fastened inside a net in such a way that it allows catches to pass from the front to the rear of the net but limits their possibility of return;
“ICES” followed by a roman numeral with or without a letter shall be construed as a reference to whichever of the statistical sub-areas and divisions of the International Council for the Exploration of the Sea described in the Schedule is identified therein by that roman numeral or that roman numeral and letter as the case may be;
“net” means a trawl, Danish seine or similar towed net;
“protected species” has the same meaning as in Article 2(1) of Council Regulation ( EEC ) No. 3094/86 laying down certain technical measures for the conservation of fishery resources ;
“registered engine power”, in relation to a boat, means the engine power as recorded in the Certificate of Registry of that boat issued under regulation 24 of the Merchant Shipping (Registration of Fishing Vessels) Regulations 1988 ;
“square mesh panel” means a panel of netting mounted so that of the two sets of parallel lines formed by the mesh bars one set is parallel to, and the other at right angles to, the long axis of the net;
“strengthening bag” means a construction of netting which surrounds in whole or in part the codend and any extension piece and which is designed to support the codend and any extension piece during hauling of the gear;
“top-side chafer” means a construction of netting which covers in whole or in part the outside of the upper half of the codend and any extension piece.
2
Any reference in this Order to a numbered article or “the Schedule” shall, unless the context otherwise requires, be construed as a reference to the article bearing that number in this Order or the Schedule to this Order.
Exemptions
3
1
This Order shall not apply to any net carried in, or used by, a beam trawler.
2
Article 4(1) shall not apply to any net carried in, or used by, a boat which has a registered engine power not exceeding 298 kilowatts or, in the case of a boat which is operating a single net with another boat as a pair, where the aggregate registered engine power of both boats does not exceed 298 kilowatts.
3
The requirements relating to carriage of nets in article 4(2) and (3) shall not apply to any net which is properly lashed and stowed in such a way that it may not be readily used.
4
Article 4(2) shall not apply to any net carried in, or used by, a boat for the purpose of fishing for queen scallops (Chlamys opercularis).
5
For the purposes of paragraph (4) above, a net shall be deemed to have been carried in a boat for the purpose of fishing for queen scallops and a boat shall be deemed to have been fishing for queen scallops if the catch retained on board that boat includes at least 80% by weight queen scallops and not more than 10% by weight protected species.
Regulation of carriage and use of nets
4
1
Subject to article 3(1) and (2), any net with a minimum mesh size of between 90 millimetres and 100 millimetres inclusive carried in, or used by, any British fishing boat registered in the United Kingdom in ICES IIa south of 64° north latitude and east of 4° west longitude (Norwegian Sea), ICES IV (North Sea) or ICES VI north of a line drawn westwards from the east coast of the Sound of Jura at 56° north latitude (Rockall and West of Scotland) shall have incorporated in it as part of the net a square mesh panel which —
a
has a minimum mesh size of 90 millimetres;
b
is at least 3 metres in length, extends widthways across the net at right angles to the towing axis for the top half of the net and is attached along each lateral edge to the net in such a way that the stretched length of the section of the net to which the panel is attached is the same as the stretched length of the panel along that lateral edge; and
c
is placed —
i
in the codend or in any extension piece or immediately in front of any extension piece or, in the absence of an extension piece, immediately in front of the codend;
ii
with, in each case, the rearmost part of the panel not more than 7 metres in front of the codline which is nearest to the front of the net; and
iii
either forward of any flapper or with the front end of the panel to the rear of any flapper by at least 3 flapper lengths.
2
Subject to article 3(1), (3) and (4), any net with a minimum mesh size of between 70 millimetres and 85 millimetres inclusive carried in, or used by, any British fishing boat registered in the United Kingdom in ICES VIIa (Irish Sea) shall have incorporated in it as part of the net a square mesh panel which has a minimum mesh size of 75 millimetres and complies with the criteria set out in paragraph (1)(b) and (c) above.
3
Subject to article 3(1) and (3), any net with a minimum mesh size of 70 millimetres or more but less than 90 millimetres carried in, or used by, any British fishing boat registered in the United Kingdom in ICES IIa south of 64° north latitude and east of 4° west longitude (Norwegian Sea), ICES IV (North Sea) or ICES VI (Rockall and West of Scotland) for the purpose of fishing for nephrops (Nephrops norvegicus) shall have incorporated in it as part of the net a square mesh panel which has a minimum mesh size of 80 millimetres and complies with the criteria set out in paragraph (1)(b) and (c) above.
4
For the purposes of paragraph (3) above, a net shall be deemed to have been carried in a boat for the purpose of fishing for nephrops and a boat shall be deemed to have been fishing for nephrops if the catch retained on board that boat includes at least 30% by weight nephrops and not more than 60% by weight protected species.
Measurement of mesh size of nets
5
1
Subject to paragraph (2) below, for the purposes of this Order the mesh size of nets shall be measured in accordance with the provisions of Commission Regulation (EEC) No. 2108/84 laying down detailed rules for determining the mesh size of fishing nets .
2
In the case of square mesh the method set out in Articles 2(1) and 4 of the Commission Regulation referred to in paragraph (1) above shall not be used and instead the net shall be stretched in the direction of each diagonal of the mesh and the measurement shall be taken of each stretched diagonal, and the size of the mesh shall be taken to be the average of those two measurements, each such measurement being the width of the gauge at the point where the gauge is stopped, when using the gauge in accordance with Article 2(2) and (3) of that Regulation.
Regulation of codend and extension piece
6
1
Subject to article 3(1), where any net with a minimum mesh size of between 90 millimetres and 100 millimetres inclusive is carried in, or used by, any British fishing boat registered in the United Kingdom in ICES IIa south of 64° north latitude and east of 4° west longitude (Norwegian Sea), ICES IV (North Sea) or ICES VI north of a line drawn westwards from the east coast of the Sound of Jura at 56° north latitude (Rockall and West of Scotland) —
a
the codend of that net shall have either a cylindrical shape, being the same circumference throughout, or a shape tapering towards the rear end only;
b
the circumference of the codend at any point shall not exceed the circumference at any point of any extension piece; and
c
the number of meshes at any point on the circumference of any extension piece shall be not less than the number of meshes on the circumference of the codend at any point.
2
For the purpose of calculating the number of meshes on the circumference of the codend or any extension piece under paragraph (1)(c) above, meshes in the selvedges, if any, shall be excluded and each square mesh, if any, shall be counted as two meshes.
Regulation of carriage and use of strengthening bags and top-side chafers
7
1
Where a square mesh panel is required to be incorporated in any net by article 4(1), the carriage in, or use by, any British fishing boat registered in the United Kingdom of any strengthening bag or top-side chafer is prohibited in ICES IIa south of 64° north latitude and east of 4° west longitude (Norwegian Sea), ICES IV (North Sea) and ICES VI north of a line drawn westwards from the east coast of the Sound of Jura at 56° north latitude (Rockall and West of Scotland).
2
Where any strengthening bag or top-side chafer is used with any net which has incorporated in it a square mesh panel as required by article 4(2) or (3), that strengthening bag or top-side chafer shall not overlap the square mesh panel.
Powers of British sea-fishery officers in relation to fishing boats
8
1
For the purpose of the enforcement of this Order a British sea-fishery officer may exercise anywhere in relation to any British fishing boat registered in the United Kingdom the powers conferred by paragraphs (2) to (4) below.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) above and, in particular —
a
may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;
c
for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under section 3(5) of the Sea Fish (Conserva tion) Act 1967 as read with this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search; and
d
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in sub-paragraph (d) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that a contravention of this Order has at any time taken place within British fishery limits, he may —
a
require the master of the boat in relation to which the contravention took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 10th June 1991.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Strathclyde
Parliamentary Under Secretary of State, Scottish Office
10th June 1991
David Hunt
Secretary of State for Wales
12th June 1991
Peter Brooke
Secretary of State for Northern Ireland
12th June 1991


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
–
1
This Order may be cited as the Southmead Health Services 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 Southmead Health 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 the Southmead Health 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–
a
to own and manage hospital accommodation and services provided at Southmead Hospital, Westbury-on-Trym, Bristol, BS10 5NB and associated hospitals including the management of its teaching and research facilities;
b
to manage community health services provided from Southmead Hospital, Westbury-on-Trym, Bristol, BS10 5NB and to own the associated premises.
Directors of the trust
4
–
1
The trust shall have, in addition to the chairman 5 non-executive directors and 5 executive directors.
2
Since the trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 3(1)(d) of Schedule 2 to the Act one of the non-executive directors shall be appointed from the University of Bristol.
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 Bristol and District 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 Bristol and District 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 Bristol and District Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Virginia Bottomley
Minister of State,
Department of Health
21st October 1991


text:
1
The new highways which the Secretary of State proposes to construct —
a
along the route described in Schedule 1 to this Order (the highway along this route being in this Order referred to as “the main new trunk road”); and
b
along the routes described in Schedule 2 to this Order which connect the trunk road and the main new trunk road with other highways at the places stated in that Schedule (the highways along these routes being referred to as “the slip roads”),
shall become trunk roads as from the date when this Order comes into force.
2
The centre line of each of the new trunk roads is indicated by a heavy black line on the deposited plan.
3
The Secretary of State directs as respect any part of a highway which crosses the route of any of the new trunk roads that —
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date is so specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purpose of through traffic.
4
In this Order —
1
all measurements of distance are measured along the route of the relevant highway; and
2
i
“the deposited plan” means the plan numbered HA 10/2 SWM 60, marked “ The A30 Trunk Road (Okehampton to Launceston Improvement and Slip Roads) Order 1991”, signed by authority of the Secretary of State for Transport and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the new trunk roads” means the highways mentioned in article 1 of this Order; and
iii
“the trunk road” means the A30 Trunk Road.
5
This Order shall come into force on 8th February 1991, and may be cited as the A30 Trunk Road (Okehampton to Launceston Improvement and Slip Roads) Order 1991.
Signed by authority of the Secretary of State for Transport
Elizabeth Hopkins
Regional Director South West Region
Department of Transport
17th January 1991


text:
Citation and commencement
1
These Regulations may be cited as the Taxes (Interest Rate) (Amendment No. 4) Regulations 1991 and shall come into force on 6th August 1991.
Amendments to the Taxes (Interest Rate) Regulations 1989
2
In regulation 5 of the Taxes (Interest Rate) Regulations 1989 –
a
for “6th July 1991” there shall be substituted “6th August 1991”;
b
for “12.25 per cent. per annum” there shall be substituted “11.75 per cent. per annum”.
Gregory Knight
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
24th July 1991


text:
Title and commencement
1
These Regulations may be cited as the Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1991 and shall come into force on 12th April 1991.
Amendment of the Seeds (National Lists of Varieties) (Fees) Regulations 1990
2
1
The Seeds (National Lists of Varieties) (Fees) Regulations 1990 shall be amended in accordance with the provisions of this regulation.
2
In regulation 3 (payment of fees) —
a
in paragraph (1) —
i
for the words “Subject to paragraphs (2) and (3) below” there shall be substituted the words “Subject to paragraph (2) below”;
ii
sub-paragraph (c) shall be omitted;
iii
for sub-paragraph (d) there shall be substituted the following sub-paragraph —
d
a renewal fee, being the new fee set out in the second column of Part III of the Schedule in relation to a year of retention of a plant variety in a National List opposite the reference in the first column of the said Part III to the plant variety of the kind retained in the National List, such fee being payable, subject to regulation 4(3) below, before the beginning of the year of retention in the National List;
;
iv
in sub-paragraph (e) “Part IV” shall be substituted for “Part V” in each of the three places in which it occurs;
b
paragraph (3) shall be omitted.
3
In paragraph (2) of regulation 4 (renewal fees) “Part III” shall be substituted for “Part IV”.
4
For the Schedule there shall be substituted the Schedule set out in the Schedule to these Regulations.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
7th March 1991.
Strathclyde
Parliamentary Under Secretary of State, Scottish Office
5th March 1991
David Hunt
Secretary of State for Wales
6th March 1991
Peter Brooke
Secretary of State for Northern Ireland
8th March 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Royal Bournemouth and Christchurch Hospitals National Health Service Trust (Establishment) Order 1991 and shall come into force on 1st November 1991.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 1st November 1991;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Royal Bournemouth and Christchurch Hospitals National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Royal Bournemouth and Christchurch Hospitals 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 Royal Bournemouth Hospital, Castle Lane East, Bournemouth, Dorset, BH7 7DW and associated hospitals.
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 East Dorset 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 East Dorset 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 East Dorset Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Virginia Bottomley
Minister of State,
Department of Health
21st October 1991


text:
1
This Order may be cited as the Offshore Installations (Safety Zones) Order 1991 and shall come into force on 1st March 1991.
2
A safety zone is hereby established around the installation specified in Column 1 of the Schedule hereto (being an installation stationed in waters to which subsection (7) of section 21 of the Act applies) having a radius of five hundred metres from the point as respects that installation which has the co-ordinates of latitude and longitude according to European Datum (1950) specified in Column 2 and 3 of the Schedule.
3
The Offshore Installation (Safety Zones) ( No. 7) Order 1990 is hereby revoked.
Colin Moynihan
Parliamentary Under Secretary of State,
Department of Energy
5th February 1991


text:
Citation and commencement
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No.2 Partial Revocation) and (Nos.4 and 5 Revocation) Order 1991 and shall come into force at 18.00 hours on 1st August 1991.
Partial Revocation
2
The Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No.2) Order 1991 except in so far as it applies to the area described in the Schedule to this Order is hereby revoked.
Revocation
3
The Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No.4) Order 1991 and the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No.5) Order 1991 are hereby revoked.
E.C. Davison
Assistant Secretary, Scottish Office
Pentland House,
Edinburgh
1st August 1991


text:
1
These Regulations may be cited as the Housing (Change of Landlord) (Payment of Disposal Cost by Instalments) (Amendment) ( No. 2) Regulations 1991 and shall come into force on 30th December 1991.
2
In the Housing (Change of Landlord) (Payment of Disposal Cost by Instalments) Regulations 1990 , in regulation 3(3) (payment by instalments) for “11.95 per cent.” there is substituted “11.50 per cent.”.
3
Regulation 2 above does not apply in respect of any period before 30th December 1991 notwithstanding that interest included in the amount of an instalment is paid after 29th December 1991.
Michael Heseltine
Secretary of State for the Environment
27th November 1991
David Hunt
Secretary of State for Wales
28th November 1991


text:
Citation and commencement
1
This Order may be cited as the National Health Service Supplies Authority (Establishment and Constitution) Order 1991 and shall come into force on 1st October 1991.
Establishment of the National Health Service Supplies Authority
2
There is hereby established a special health authority which shall be known as the National Health Service Supplies Authority (in this Order referred to as “the Authority”.
Functions of the Authority
3
1
Subject to paragraph (2) of this article, the Authority shall perform such functions relating to the supply of goods and services for the purposes of the health service as the Secretary of State may direct it to perform on his behalf.
2
The functions of the Authority shall not include functions as respects Wales.
Constitution of the Authority
4
The Authority shall consist of —
a
the chairman;
b
not more than five members who are not officers of the Authority;
c
the chief officer of the Authority; and
d
not more than four members who are officers of the Authority.
Transfer of staff
5
1
This paragraph applies to any officer who is, immediately before 1st January 1992, employed by a District Health Authority whose District is in England or a Regional Health Authority (in this article referred to as an “old Authority” and who has been placed at the disposal of the Secretary of State solely or mainly for the purpose of performing functions in relation to the purchase, storage and distribution of supplies for the purposes of the health service.
2
This paragraph applies to any officer who is, immediately before 1st October 1992, employed by an old Authority solely or mainly for the purpose of performing functions in relation to the purchase, storage, and distribution of supplies for the purposes of the health service.
3
Any officer to whom paragraph (1) or (2) of this article applies shall, in the case of the former, on 1st January 1992 and, in the case of the latter, on 1st October 1992 be transferred to the employment of the Authority, and the contract of employment between each such officer and an old Authority shall be modified so as to substitute the Authority as the employer in place of the old Authority.
4
Any dispute as to the application of this article in relation to any particular officer shall be determined by the Secretary of State.
Remuneration of members
6
The Authority is specified for the purposes of paragraph 9(7)(b) of Schedule 5 to the National Health Service Act 1977.
Signed by authority of the Secretary of State for Health
Stephen Dorrell
Parliamentary Under-Secretary of State,
Department of Health
4th September 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Education (London Residuary Body) (Property Transfer) (No. 3) Order 1991 and shall come into force on 1st September 1991.
2
In this Order–
“the LRB ” means the London Residuary Body; and
“the transfer date” means 1st September 1991.
3
Unless the context otherwise requires, any reference in this Order to a numbered article is a reference to the article of this Order so numbered.
Transfer of land etc.
2
1
Subject to paragraphs (3) and (4) below, on the transfer date all interests, rights and liabilities of the LRB in the land specified in column (2) of Part I of the Schedule to this Order shall vest in the London borough council or body specified opposite thereto in column (1) of that Part.
2
On the transfer date all interests, rights and liabilities of the LRB in the land specified in Part II of the Schedule to this Order shall vest in the London borough council in whose area such land is situated.
3
The LRB shall remain entitled to any refund of rates payable in relation to any such land referred to in paragraph (1) above for any period prior to 1st April 1990 and may continue any appeal in respect of any assessment in respect of any such period.
4
The LRB shall remain entitled to any rent due in respect of the land referred to in column (2) of Part I of the Schedule to this Order as “Site for proposed new primary school, Moxon Street/Cramer Street W1” for any period prior to the transfer date, and may commence or continue any claim or proceeding in respect of such rent.
Records relating to land transferred
3
1
Subject to paragraph (2) below, on the transfer date all records held by the LRB relating exclusively to interests, rights and liabilities in land transferred by article 2 shall vest in the council or body to which such interests are so transferred.
2
The LRB shall remain entitled to retain custody of records relating to any appeal referred to in article 2(3) or relating to any rent or claim or proceeding referred to in article 2(4).
Condition imposed on transfer
4
1
Land transferred pursuant to article 2(1) is subject to the condition that it or any interest in it shall not be disposed of within 20 years of the transfer date without the consent in writing of the Secretary of State.
2
In giving his consent the Secretary of State may impose conditions regarding the payment of all or part of the consideration for any such disposal, in such proportions as he may direct, to any or all of the councils of the inner London boroughs and (in their capacity as a local authority) the Common Council of the City of London.
General transfer of property other than land
5
1
Where an interest in land vests by virtue of article 2 in any council or body, any property in or on the land, being property held by the LRB for the purposes of any of its functions shall vest in that council or body.
2
Paragraph (1) above applies–
a
to property used or intended to be used exclusively for the discharge of functions on any land, and which is kept elsewhere when not in use;
b
to vehicles and other mobile equipment which are normally kept on any land; and
c
to property which is normally kept in or on land and which is immediately before the transfer date on loan from the LRB to another person or body,
as it applies to property in or on that land.
3
The reference in paragraph (1) above to the vesting of any property shall be construed as including a reference to the vesting of rights and liabilities of the LRB in respect of any agreement for the hire or use by, or deposit with, the LRB of any such property.
4
On the transfer date all records held by the LRB relating exclusively to property transferred by this article shall vest in the council or body to which such property is so transferred.
5
Any vehicle licence, operator’s licence, road service licence, plating certificate or other document issued in respect of any vehicle the property in which is transferred by this article shall have effect as if it had been issued to the council or body to whom property in such vehicle is transferred (“the transferee”) and any reference to the LRB or ILEA in any registration book or other document issued in respect of such a vehicle shall have effect as a reference to the transferee.
Continuity etc.
6
1
All contracts, deeds, bonds, agreements and other instruments subsisting in favour of, or against, and all notices in force which were given, or have effect as if given, by, or to, the LRB in respect of any property, rights or liabilities (“transferred matters”) transferred by this Order shall be of full force and effect in favour of, or against, the council or body (“the transferee”) to which such matters are transferred.
2
Subject to article 2(3) and (4), any action or proceeding, or any cause of action or proceeding, pending or existing at the transfer date by or against the LRB and in respect of any transferred matters may be continued, prosecuted and enforced by or against the transferee.
Enforcement
7
The LRB shall enforce, subject to any directions given by the Secretary of State, compliance with the condition imposed by article 4(1) in relation to property transferred pursuant to article 2(1).
Kenneth Clarke
Secretary of State for Education and Science
29th July 1991


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Review of Children’s CasesRegulations 1991 and shall come into force on 14th October 1991.
2
In these Regulations, unless the context otherwiserequires–
“ the Act ” means the Children Act 1989;
“guardian ad litem” means a guardian ad litem appointed pursuant to section 41 of theAct or rules made under section 65 of the Adoption Act 1976 ;
“independent visitor” means an independent visitor appointed under paragraph 17 ofSchedule 2 to the Act;
“responsible authority” means in relation to–
a child who is being looked after by a local authority , that authority,
a child who is being provided with accommodation by a voluntaryorganisation otherwise than on behalf of a local authority, thatvoluntary organisation,
a child who is being provided with accommodation in a registeredchildren’s home otherwise than on behalf of a local authority orvoluntary organisation, the person carrying on that home;
3
Any notice required under these Regulations is to be given inwriting and may be sent by post.
4
In these Regulations, unless the context otherwiserequires–
a
any reference to a numbered regulation is to the regulation inthese Regulations bearing that number and any reference in anyregulation to a numbered paragraph is to the paragraph of thatregulation bearing that number;
b
any reference to a numbered Schedule is to the Schedule to theseRegulations bearing that number.
Review of children’s cases
2
Each responsible authority shall review in accordance with theseRegulations the case of each child while he is being looked after orprovided with accommodation by them.
Time when case is to be reviewed
3
1
Each case is first to be reviewed within four weeks of the date uponwhich the child begins to be looked after or provided with accommodatonby a responsible authority.
2
The second review shall be carried out not more than three monthsafter the first and thereafter subsequent reviews shall be carried outnot more than six months after the date of the previous review.
Manner in which cases are to be reviewed
4
1
Each responsible authority shall set out in writing theirarrangements governing the manner in which the case of each child shallbe reviewed and shall draw the written arrangements to the attention ofthose specified in regulation 7(1).
2
The responsible authority which are looking after or providingaccommodaton for a child shall make arrangements to coordinate thecarrying out of all aspects of the review of that child’s case.
3
The responsible authority shall appoint one of their officers toassist the authority in the coordination of all the aspects of thereview.
4
The manner in which each case is reviewed shall, so far aspracticable, include the elements specified in Schedule 1.
5
Nothing in these Regulations shall prevent the carrying out of anyreview under these Regulations and any other review, assessment orconsideration under any other provision at the same time.
Considerations to which responsible authorities are to have regard
5
The considerations to which the responsible authority are to haveregard so far as is reasonably practicable in reviewing each case arethe general considerations specified in Schedule 2 and theconsiderations concerning the health of the child specified in Schedule3.
Health reviews
6
The responsible authority shall make arrangements for a child whocontinues to be looked after or provided with accommodation by them tobe examined by a registered medical practitioner and for a writtenassessment on the state of health of the child and his need for healthcare to be made–
a
at least once in every period of six months before the child'ssecond birthday, and
b
at least once in every period of twelve months after the child'ssecond birthday,
unless the child is of sufficient understanding and he refuses tosubmit to the examination.
Consultation, participation and notification
7
1
Before conducting any review the responsible authority shall, unlessit is not reasonably practicable to do so, seek and take into accountthe views of–
a
the child;
b
his parents;
c
any person who is not a parent of his but who has parentalresponsibility for him; and
d
any other person whose views the authority consider to be relevant;
including, in particular, the views of those persons in relation toany particular matter which is to be considered in the course of thereview.
2
The responsible authority shall so far as is reasonably practicableinvolve the persons whose views are sought under paragraph (1) in thereview including, where the authority consider appropriate, theattendance of those persons at part or all of any meeting which is toconsider the child’s case in connection with any aspect of the review ofthat case.
3
The responsible authority shall, so far as is reasonablypracticable, notify details of the result of the review and of anydecision taken by them in consequence of the review to–
a
the child;
b
his parents;
c
any person who is not a parent of his but who has parentalresponsibility for him; and
d
any other person whom they consider ought to be notified.
Arrangements for implementation of decisions arising out of reviews
8
The responsible authority shall make arrangements themselves or withother persons to implement any decision which the authority propose tomake in the course, or as a result, of the review of a child’s case.
Monitoring arrangements for reviews
9
Each responsible authority shall monitor the arrangements which theyhave made with a view to ensuring that they comply with theseRegulations.
Recording review information
10
Each responsible authority shall ensure that–
a
information obtained in respect of the review of a child’s case,
b
details of the proceedings at any meeting arranged by the authorityat which the child’s case is considered in connection with any aspect ofthe review of that case, and
c
details of any decisions made in the course of or as a result ofthe review
are recorded in writing.
Application of Regulations to short periods
11
1
This regulation applies to cases in which a child is looked after orprovided with accommodation by a responsible authority for a series ofshort periods at the same place where the following conditions aresatisfied–
a
all the periods are included within a period which does not exceedone year;
b
no single period is for a duration of more than four weeks; and
c
the total duration of the periods does not exceed 90 days.
2
Cases to which this regulation applies may be treated as a singlecase of a child being looked after or provided with accommodation by aresponsible authority for the purpose of these Regulations.
Signed by authority of the Secretary of State for Health.
Virginia Bottomley
Minister of State,
Department of Health
2nd April 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No.14) Order 1991 and shall come into force at 10.00 hours on 20th December 1991.
2
In this Order “scallop” means scallop of the class of Pecten Maximus and Queen Scallops of the of Clamys Opercularis which are taken from wild stocks by mechanical methods of fishing or by divers and “relevant time” means one minute past midnight on 20th December 1991.
Designated circumstances
2
In the opinion of the Secretary of State, scallops in the area designated in article 3 below may be affected by the toxin which causes Paralytic Shellfish Poisoning in human beings and are likely to create a hazard to human health if they are consumed.
Designated area
3
The area described in the Schedule to this Order is hereby designated for the purposes of Part I of the Food and Environment Protection Act 1985.
Activity prohibited in the designated area
4
No person shall fish or take any scallops in the designated area.
Prohibited movement of scallops
5
No person shall move any scallops out of the designated area.
Restrictions throughout the United Kingdom
6
No person shall in the United Kingdom or in United Kingdom waters —
a
use any scallops taken out of the designated area after the relevant time in the preparation or processing for supply of food and anything from which food could be derived,
b
land any scallops which were in waters in the designated area after the relevant time,
c
supply, or have in possession for supply, any scallops which were in the designated area after the relevant time,
d
supply, or have in possession for supply, any food or anything from which food could be derived in the preparation or processing of which anything was used in contravention of sub-paragraph (a) of this article,
e
feed to any creature a feeding stuff in the preparation or processing of which anything was used in contravention of sub-paragraph (a) of this article.
E.C. Davison
Assistant Secretary, Scottish Office
Pentland House,
Edinburgh
20th December 1991


text:
Title, commencement and interpretation
1
1
This Scheme may be cited as the Farm and Conservation Grant (Variation) Scheme 1991 and shall come into force on 18th July 1991.
2
In this Scheme —
“the principal Scheme” means the Farm and Conservation Grant Scheme 1989 ;
“the appropriate Minister” has the meaning provided by paragraph 2(1) of the principal Scheme.
Savings
2
1
Paragraph 4(b) and (e) of this Scheme shall not apply —
a
in relation to any claim for grant under the principal Scheme received by the appropriate Minister before 18th July 1991, or
b
in relation to any claim for grant under the principal Scheme towards expenditure incurred before 18th December 1990,
and those provisions of this Scheme shall not affect the operation of the principal Scheme in relation to any such claim for grant.
2
Paragraphs 4(a) and (d), 5(2) and 7 of this Scheme shall not apply in relation to any claim for grant received by the appropriate Minister before 18th July 1991, and that paragraph shall not affect the operation of the principal Scheme in relation to any such claim for grant.
Variation of the principal Scheme
3
The principal Scheme shall be varied in accordance with the following paragraphs of this Scheme.
4
In paragraph 2(1) (interpretation) —
a
after the definition of “agricultural business” there shall be inserted the following definition:
“beneficial organism” means any creature bred or kept for its use in the control of infestation of horticultural produce by pests;
;
b
for the definition of “designated maps” there shall be substituted the following definition:
“designated maps” means —
in relation to England, the 3 volumes of maps numbered 1 to 3, each such volume being marked “volume of maps of less-favoured farming areas in England” and with the number of the volume, dated 20th May 1991, signed and sealed by the Minister of Agriculture, Fisheries and Food and deposited at the offices of the Ministry of Agriculture, Fisheries and Food at Nobel House, 17 Smith Square, London SW1P 3JR;
in relation to Wales, the 2 volumes of maps numbered 1 and 2, both volumes being marked “volume of maps of less-favoured farming areas in Wales” and with the number of the volume, dated 20th May 1991, signed by the Secretary of State for Wales and deposited at the offices of the Welsh Office Agriculture Department at Trawsgoed, Abery- stwyth, Dyfed SY23 4HT;
in relation to Scotland, the 4 maps numbered 1 to 4, each such map being marked “map of less-favoured farming areas in Scotland” and with the number of the map, dated 15th May 1991, signed by the Secretary of State for Scotland and deposited at the offices of the Scottish Office Agriculture and Fisheries Department at Pentland House, 47 Robb’s Loan, Edinburgh EH14 1TW;
;
c
in the definition of “the Farm and Conservation Grant Regulations”, after the word “means” there shall be inserted the following:
the Farm and Conservation Grant Regulations 1989 or
;
d
in the definition of “glasshouse”, after the words “horticultural produce” there shall be inserted “or beneficial organisms”; and
e
for sub-paragraph (a) of the definition of “less-favoured area”, there shall be substituted the following sub-paragraph:
a
which is situated in an area included in the list of less-favoured farming areas adopted by the Council or the Commission of the European Communities under Article 2(2) of Council Directive 75/268/ EEC on mountain and hill farming and farming in certain less-favoured areas, as amended by Council Directive 80/666/EEC , which list is contained in Council Directive 84/169/ EEC , as amended by Commission Decision 91/25/EEC , and
.
5
1
In paragraph 4(1) (restrictions on payment of grant) —
a
in sub-paragraph (d), for the words from “reference quantity” to the end of the sub-paragraph there shall be substituted the following:
quota, as defined in the Dairy Produce Quotas Regulations 1989 , of the person carrying on the agricultural business to which the expenditure relates
;
b
in sub-paragraph (e)(i), for the words “ancillary farm business” there shall be substituted “qualifying business”; and
c
sub-paragraph (f) shall be omitted.
2
In paragraph 4(3), for the figure “ £35,000” there shall be substituted “ £42,500”, and for the figure “ £74,000” there shall be substituted “ £85,000”.
3
In paragraph 4(5) —
a
there shall be inserted the following definition:
“qualifying business” means a business consisting in the pursuit of a qualifying activity where that business is carried on by the person also carrying on the eligible agricultural business on the same or adjacent land;
; and
b
the definition of “ancillary farm business” shall be omitted.
6
1
In paragraph 5 (amounts of grant) —
a
in sub-paragraph (4), the words “Subject to sub-paragraph (6) below” shall be omitted; and
b
for sub-paragraph (6) there shall be substituted the following sub-paragraph:
6
Subject to the provisions of paragraphs 8 and 9, in the case of expenditure incurred in relation to the Isles of Scilly in respect of any work, facility or transaction of a kind specified both in column 1 of Schedule 1 and column 1 of Schedule 2, the amount of any grant payable under paragraph 3(1) shall be the percentage of that expenditure specified in relation to that work, facility or transaction in column 2 of Schedule 2.
.
7
In Schedule 1 (eligible works, facilities and transactions and rates of grant), in paragraphs 7 and 8 in column 1, after the words “horticultural produce” in each place, there shall be inserted “or beneficial organisms”.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 6th June 1991.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Strathclyde
Parliamentary Under Secretary of State, Scottish Office
5th June 1991
David Hunt
Secretary of State for Wales
5th June 1991
We approve,
Gregory Knight
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
6th June 1991


text:
1
This Order may be cited as the Public Telecommunication SystemDesignation (Comment Cablevision North East Partnership) (Tyneside)Order 1991 and shall come into force on 3rd July 1991.
2
Each of the Applicable Cabled Systems is hereby designated as apublic telecommunication system.
John Redwood
Minister of State,
Department of Trade and Industry
3rd June 1991


text:
1
These Regulations may be cited as the Education (Training Grants) (Amendment) Regulations 1991 and shall come into force on 1st September 1991.
2
The Education (Training Grants) Regulations 1990 shall be amended in accordance with the following provisions of these Regulations.
3
In regulation 4 (grants by the Secretary of State) there shall be added after sub-paragraph (f) the following sub-paragraph–
g
the training or further training of those employed as foreign language assistants being persons registered as such with the Central Bureau for Educational Visits and Exchanges.
.
4
In regulation 7 (amount of grant) there shall be inserted after the words “particular purpose” wherever they appear the words “or group of purposes”.
5
In regulation 8(1) (rate of grant)–
a
for sub-paragraph (f) there shall be substituted the following sub-paragraph–
f
training qualified teachers (whether or not they are employed as such) as educational psychologists;
; and
b
there shall be added after sub-paragraph (i) the following sub-paragraph–
j
training overseas trained teachers, as defined in paragraph 2 of Schedule 4A to the Education (Teachers) Regulations 1989 , who are not qualified teachers as teachers;
.
6
In regulation 9 (applications for payment of grant) in paragraph 4(b) the word “unqualified” shall be omitted.
Kenneth Clarke
Secretary of State for Education and Science
26th July 1991
David Hunt
Secretary of State for Wales
26th July 1991


text:
1
This Order may be cited as the Public Telecommunication System Designation (Wakefield Cable Limited) Order 1991 and shall come into force on 8th April 1991.
2
Each of the Applicable Cabled Systems is hereby designated as a public telecommunication system.
John Redwood
Minister of State,
Department of Trade and Industry
4th March 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Bath Mental 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 Bath Mental 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 Bath Mental 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 atSt. Martin’s Hospital, Midford Road, Bath, BA2 5RP and associated hospitals;
b
to manage community health services provided from St. Martin’s Hospital, Midford Road, Bath, BA2 5RP and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman 5 non-executive directors and5 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 Bath District 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 Bath District 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 Bath District Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Virginia Bottomley
Minister of State,
Department of Health
21st October 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Education (London Residuary Body) (Property Transfer) (No. 4) Order 1991 and shall come into force on 1st January 1992.
2
In this Order–
“the LRB ” means the London Residuary Body; and
“the transfer date” means 1st January 1992.
3
Unless the context otherwise requires, any reference in this Order to a numbered article is a reference to the article of this Order so numbered.
Transfer of land etc.
2
1
Subject to paragraph (3) below, on the transfer date all interests, rights and liabilities of the LRB in the land specified in column (2) of Part I of the Schedule to this Order shall vest in the London borough council specified opposite thereto in column (1) of that Part.
2
On the transfer date all interests, rights and liabilities of the LRB in the land specified in Part II of the Schedule to this Order shall vest in the London borough council in whose area such land is situated.
3
The LRB shall remain entitled to any refund of rates payable in relation to any such land referred to in paragraph (1) above for any period prior to 1st April 1990 and may continue any appeal in respect of any assessment in respect of any such period.
Records relating to land transferred
3
1
Subject to paragraph (2) below, on the transfer date all records held by the LRB relating exclusively to interests, rights and liabilities in land transferred by article 2 shall vest in the council to which such interests are so transferred.
2
The LRB shall remain entitled to retain custody of records relating to any appeal referred to in article 2(3).
Condition imposed on transfer
4
1
Subject to paragraph (3) below, land transferred pursuant to article 2(1) is subject to the condition that it or any interest in it shall not be disposed of within 20 years of the transfer date without the consent in writing of the Secretary of State.
2
In giving his consent the Secretary of State may impose conditions regarding the payment of all or part of the consideration for any such disposal, in such proportions as he may direct, to any or all of the councils of the inner London boroughs and (in their capacity as a local authority) the Common Council of the City of London.
3
Paragraph (1) above does not apply to a disposal required by paragraph (4) or (5) below.
4
York Way Youth Club, York Way N1; the former New River School, Clissold Road, N16; and the Greenwich Park Upper School Extension site, King George Street, SE10 are in each case transferred subject to the condition that the land is to be brought into use wholly or mainly for the purposes of the transferee council’s functions as the local education authority for their area by 1st January 1995 and that, if it is not so brought into use, it is to be disposed of and the proceeds of sale after deduction therefrom of a sum equal to the aggregate amount of any capital expenditure incurred since 1st January 1992 in relation to the land by the transferee and of any expenditure so incurred in connection with the disposal of the land, are to be divided between the councils of the inner London boroughs and (in their capacity as a local authority) the Common Council of the City of London in proportion to their populations of children of compulsory school age, based on the most recent returns to the Department of Education and Science available at the time of completion of the sale.
5
Christ Church Church of England southern site extension and north-eastern site extension are transferred subject to the following conditions–
a
if the north-eastern site extension is brought into use wholly or mainly for the purposes of the transferee council’s functions as the local education authority for their area by 1st January 1995 the southern site extension is to be disposed of; and
b
if the north-eastern site extension is not so brought into use it is to be disposed of.
6
The proceeds of sale of a disposal under paragraph (5) above are to be distributed in accordance with paragraph (4) above.
General transfer of property other than land
5
1
Where an interest in land vests by virtue of article 2 in any council, any property in or on the land, being property held by the LRB for the purposes of any of its functions, shall vest in that council.
2
Paragraph (1) above applies–
a
to property used or intended to be used exclusively for the discharge of functions on any land, and which is kept elsewhere when not in use;
b
to vehicles and other mobile equipment which are normally kept on any land; and
c
to property which is normally kept in or on land and which is immediately before the transfer date on loan from the LRB to another person or body,
as it applies to property in or on that land.
3
The reference in paragraph (1) above to the vesting of any property shall be construed as including a reference to the vesting of rights and liabilities of the LRB in respect of any agreement for the hire or use by, or deposit with, the LRB of any such property.
4
On the transfer date all records held by the LRB relating exclusively to property transferred by this article shall vest in the council to which such property is so transferred.
5
Any vehicle licence, operator’s licence, road service licence, plating certificate or other document issued in respect of any vehicle the property in which is transferred by this article shall have effect as if it had been issued to the council to whom property in such vehicle is transferred (“the transferee”) and any reference to the LRB or ILEA in any registration book or other document issued in respect of such a vehicle shall have effect as a reference to the transferee.
Continuity etc.
6
1
All contracts, deeds, bonds, agreements and other instruments subsisting in favour of, or against, and all notices in force which were given, or have effect as if given, by, or to, the LRB in respect of any property, rights or liabilities (“transferred matters”) transferred by this Order shall be of full force and effect in favour of, or against, the council (“the transferee”) to which such matters are transferred.
2
Subject to article 2(3), any action or proceeding, or any cause of action or proceeding, pending or existing at the transfer date by or against the LRB and in respect of any transferred matters may be continued, prosecuted and enforced by or against the transferee.
Enforcement
7
The LRB shall enforce, subject to any directions given by the Secretary of State, compliance with the conditions imposed by article 4 in relation to property transferred pursuant to article 2(1).
Kenneth Clarke
Secretary of State for Education and Science
9th December 1991


text:
1
This Order may be cited as the Value Added Tax Act 1983 (Interest on Overpayments etc) (Prescribed Rate) (No. 2) Order 1991 and shall come into force on 16th October 1991.
2
For the purposes of section 38A of the Value Added Tax Act 1983 the prescribed rate shall be 10.25 per cent.
Sydney Chapman
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
14th October 1991


text:
Citation and commencment
1
1
These Regulations may be cited as the Central Council for Educationand Training in Social Work (Functions) Regulations 1991 and shall comeinto force on3rd June 1991.
Functions conferred on the Council
2
There are hereby conferred on the Council such functions in relationto social work other than relevant social work as are conferred on themby section 10 of the Health and Social Services and Social SecurityAdjudications Act 1983 in relation to relevant social work, includinglimitations as to the exercise of those functions which are equivalentto those provided for in relation to relevant social work by section10(4), (8), (9) and (10) of that Act.
William Waldegrave
One of Her Majesty’s Principal Secretaries of State
2nd May 1991


text:
1
This Order may be cited as the Broadcasting (Prescribed Countries) Order 1991 and shall come into force on 3rd October 1991.
2
The countries listed in the Schedule to this Order are hereby specified as prescribed countries for the purposes of section 43 of the Broadcasting Act 1990.
Kenneth Baker
One of Her Majesty’s Principal Secretaries of State
Home Office
5th August 1991


text:
1
This Order may be cited as the Income Tax (Indexation) Order 1991.
2
1
The amounts which, unless Parliament otherwise determines, will be treated by virtue of sections 1(4) and 257C(1) of the Income and Corporation Taxes Act 1988 as specified for the year 1991-92 in sections 1(2) , 257 and 257A of that Act are set out in paragraphs (2), (3) and (4).
2
In section 1(2) of the said Act (basic rate limit) — £22,700.
3
In section 257 of the said Act (personal allowance) —
a
in subsection (1) (personal allowance) — £3,295;
b
in subsection (2) (personal allowance — age 65 to 74) — £4,020;
c
in subsection (3) (personal allowance — age 75 and over) — £4,180;
d
in subsection (5) (income limit for age — related allowances) — £13,500;
4
In section 257A of the said Act (married couple’s allowance) —
a
in subsection (1) (married couple’s allowance) — £1,890;
b
in subsection (2) (married couple’s allowance — age 65 to 74) — £2,355;
c
in subsection (3) (married couple’s allowance — age 75 and over) — £2,395;
d
in subsection (5) (Income limit for age — related allowances) — £13,500.
Gregory Knight
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
19th March 1991


text:
Citation and commencement
1
This Order shall come into force on 31st August 1991 and may be cited as the Leicester North Station Light Railway Order 1991.
Interpretation
2
In this Order unless the context otherwise requires the following expressions have the meanings hereby respectively assigned to them, that is to say:–
“ the Board ” means the British Railways Board;
“the Borough Council ” means the Council of the Borough of Charnwood;
“ the Company ” means the Great Central Railway Company (1976) Public Limited Company having its registered office at Loughborough Central Station, Loughborough, Leicestershire;
“the Borough Council’s Railway ” means the railway authorised to be constructed, made and maintained by the Borough Council pursuant to article 3 hereof and more particularly described in the Schedule hereto and, so long as any part of the said railway and works remain uncompleted, includes the site of that part;
“ the Lease ” means the existing Lease dated 21 April 1978 and made between the Borough Council and the Company whereby the land comprising the Borough Council’s Railway was demised to the Company for the term of 99 years from 21 April 1978 at the rents and on the terms and conditions therein mentioned and any extension thereof or any new lease granted pursuant to article 4 (1) of this Order or under any statutory powers or provisions;
“the 1978 Order ” means the Loughborough and Birstall Light Railway Order 1978 ;
“the principal Act ” means the Light Railways Act 1896.
Power to make Borough Council’s Railway
3
1
The Borough Council may on the lands comprising the Borough Council’s Railway construct, make and maintain a railway with all necessary works and conveniences connected therewith and work the same as a light railway under the principal Act and in accordance with the provisions of this Order.
2
Except as may be otherwise provided herein, the Borough Council’s Railway or any part thereof shall be subject to the same statutory and other provisions as were applicable thereto when the lands comprising the same were vested in the Board (insofar as the same are still subsisting and capable of taking effect) and the Borough Council shall be entitled to the benefit of, and to exercise, all rights powers and privileges and be subject to all obligations statutory or otherwise relating thereto as were in effect when the said lands were vested in the Board (insofar as the same are still subsisting and capable of taking effect) to the intent that the Board shall be released from all such obligations.
As to leasing of the Borough Council’s Railway to the Company
4
1
The Borough Council may continue the Lease and shall have power to accept a surrender thereof and grant a new lease of the Borough Council’s Railway or any part thereof on such terms and conditions as may be agreed between the Borough Council and the Company.
2
During the continuance of the Lease the Company shall, to the exclusion of the Borough Council, be entitled to the benefit of, and to exercise, all the rights, powers and privileges and be subject to all the obligations of the Borough Council whether statutory or otherwise for the time being in force in respect of such parts of the Borough Council’s Railway as are comprised in the Lease.
Incorporation and application of enactments
5
1
The following provisions of the Railways Clauses Consolidation Act 1845 , so far as the same are applicable for the purposes and are not inconsistent with, or varied by, the provisions of this Order, are incorporated with and form part of this Order–
Section 16 (works to be executed);
Sections 18 to 23 (protection of gas and water mains);
Section 68 (maintenance of gates, bridges, fences, drains and watering places);
Sections 77 to 85 as amended by the Mines (Working Facilities and Support) Act 1923 (provisions with respect to mines lying under or near the railway).
2
Such of the enactments set out in the Second Schedule to the principal Act as are still in force (except section 22 of the Regulation of Railways Act 1868 (means of communication between passengers and railway servants) and sections 1 (power to order certain provisions to be made for public safety) and 5(penalty for avoiding payment of fare) of the Regulation of Railways Act 1889 ) shall not apply to the Borough Council’s Railway.
3
In its application to the Borough Council’s Railway the said section 22 of the Regulation of Railways Act 1868 shall be read, construed and have effect as if the words “and travels more than twenty miles without stopping” were omitted therefrom.
4
Section 5 of the Regulation of Railways Act 1889 shall also apply to the Council’s Railway as defined in the 1978 Order and the 1978 Order shall have effect accordingly.
Restriction of weight on rails and of speed and as to conveyance of passengers
6
1
The Borough Council shall not use or permit to be used upon the Borough Council’s Railway any engine, carriage or truck bringing any weight upon the rails by any one pair of wheels exceeding such weight as the Secretary of State may allow.
2
The Borough Council shall not run or permit to be run any train or engine upon any part of the Borough Council’s Railway at a rate of speed exceeding at any time that fixed by the Secretary of State for such part.
3
No part of the Borough Council’s Railway shall be used or permitted to be used for the conveyance of passengers without the permission in writing of the Secretary of State being first had and obtained and the Borough Council shall comply or secure compliance with the conditions (if any) which the Secretary of State may from time to time prescribe for the safety of persons using the Borough Council’s Railway.
4
If the Borough Council act in contravention of any of the provisions of this article they shall for each offence be liable on summary conviction to a fine not exceeding level 2 on the standard scale.
Gauge of Borough Council’s Railways and Motive Power
7
The Borough Council’s Railway shall be constructed and operated on a gauge of a nominal 1435 millimetres (4 feet 8½ inches) and the motive power shall be diesel or steam or electricity or internal combustion or such other motive power as the Secretary of State may approve:
Provided that nothing in this Order shall authorise the Borough Council to use electrical power as motive power on the Borough Council’s Railway unless such power is obtained from storage batteries or from a source of generation entirely contained in and carried along with the engines and carriages:
Provided further that if electrical power is used as motive power on the Borough Council’s Railway such electrical power shall not be used in such a manner as to cause or be likely to cause any interference with any telecommunication apparatus as defined in Schedule 2 to the Telecommunications Act 1984 or with telecommunication by means of any such apparatus.
Public liability insurance
8
1
In this article–
“insurer” means any insurer or insurers authorised under the Insurance Companies Act 1982 to carry on in the United Kingdom insurance business of a relevant class or who has corresponding permission under the law of another member state of the European Economic Community;
“policy” means a public liability policy with an insurer providing maximum cover in respect of any one accident on or occasioned by the operation of the Borough Council’s Railway of not less than £1,000,000.
2
a
The Borough Council shall not work the Borough Council’s Railway unless there is in force a policy in accordance with the provisions of this article.
b
In default of compliance with the provisions of this article the Borough Council shall be liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
3
The adequacy of the cover provided by a policy maintained in accordance with this article shall be regularly reviewed by the Borough Council.
4
Article 9 of the 1978 Order is hereby revoked and paragraphs (1) to (3) of this article shall apply from henceforth to the Council’s Railway as defined in that Order as well as to the Borough Council’s Railway as defined in this Order.
Signed by authority of the Secretary of State for Transport
J. R. Coates
An Under Secretary in the
Department of Transport
30th August 1991


text:
Citation and commencement
1
This Order may be cited as the Race Relations Code of Practice (Rented Housing) Order 1991 and shall come into force on 30th April 1991.
Code of Practice
2
The day appointed for the coming into effect of the Code of Practice in Rented Housing for the elimination of racial discrimination and the promotion of equal opportunities ( ISBN 1-85442-034-8), issued by the Commission for Racial Equality under section 47(7) of the Race Relations Act 1976 is 1st May 1991.
Michael Hesltine
Secretary of State for the Environment
5th February 1991
Ian Lang
Secretary of State for Scotland
5th February 1991
David Hunt
Secretary of State for Wales
5th February 1991


text:
Citation, commencement, application and interpretation
1
1
This Order may be cited as the Education (National Curriculum) (Attainment Targets and Programmes of Study in Modern Foreign Languages) Order 1991.
2
This article shall come into force on 1st August 1992 and all other provisions of this Order shall come into force in accordance with articles 2 and 3 below.
3
This Order applies in relation to maintained schools in England and Wales only.
4
In this Order–
“the Document” means the document published by Her Majesty’s Stationery Office entitled “Modern Foreign Languages in the National Curriculum” ;
references to the third and fourth key stages are references to the periods set out in paragraphs (c) and (d) respectively of section 3(3) of the Education Reform Act 1988; and
references to levels of attainment are references to the levels set out in the Document in relation to each attainment target.
2
The provisions of this Order relating to the third key stage shall come into force–
a
on 1st August 1992 in respect of pupils in the first year of that key stage;
b
on 1st August 1993 in respect of pupils in the second year of that key stage; and
c
on 1st August 1994 in respect of all other pupils.
3
The provisions of this Order relating to the fourth key stage shall come into force–
a
on 1st August 1995 in respect of pupils in the first year of that key stage; and
b
on 1st August 1996 in respect of all other pupils.
Specification of attainment targets and programmes of study
4
It is hereby directed that the provisions relating to attainment targets and programmes of study set out in the Document shall have effect as provided in articles 5 to 7 below for the purpose of specifying in relation to modern foreign languages–
a
attainment targets; and
b
programmes of study.
5
Attainment targets 1–4 set out in the Document are specified in relation to the third and fourth key stages, the levels applicable (being those appropriate to the different abilities and maturities of the pupils being taught) being, for each such key stage, levels 1–10.
6
1
Subject to paragraph (2) below, the programmes of study set out in the Document and described in column (2) of the Schedule to this Order are specified in relation to the key stages set out beside them in column (1) of the Schedule.
2
The programme of study for a pupil in the fourth key stage is either that referred to as Model A or that referred to as Model B in the Document and column 2 of the Schedule.
7
The examples printed in italics in the Document (which serve to illustrate the attainment targets and programmes of study therein described) do not form part of the provision made by this Order.
Kenneth Clarke
Secretary of State for Education and Science
11th November 1991
David Hunt
Secretary of State for Wales
11th November 1991


text:
1
1
These Rules may be cited as the Juvenile Courts (Constitution) (Amendment) Rules 1991 and shall come into force on 14th October 1991.
2
In these Rules “the principal Rules ” means the Juvenile Courts (Constitution) Rules 1954 .
2
In rule 1 of the principal Rules —
a
in paragraph (2), the words “the number of” and the words “who have not attained the age of sixty-five years” shall be omitted; and
b
in paragraph (4), the words “and who has not attained the age of sixty-five years” shall be omitted.
3
In rule 2 of the principal Rules, the words “whether or not he has attained the age of sixty-five years” shall be omitted.
4
Rule 5 of the principal Rules shall be omitted.
5
In rule 7 of the principal Rules, the words “, subject to Rule 5 of these Rules,” shall be omitted.
Mackay of Clashfern, C.
19th September 1991


text:
1
These Regulations may be cited as the Motor Vehicles (Type Approval) (Amendment) (No. 3) Regulations 1991 and shall come into force on 1st January 1992.
2
1
Part 1 of Schedule 2 to the Motor Vehicles (Type Approval) Regulations 1980 is hereby amended as follows.
2
In column 2, in item 11A, there is added–
or 88/77/ EEC as amended by 91/542/EEC 1 October 1991 O.J. L295, 25.10.91, p. 1
.
Signed by authority of the Secretary of State for Transport
Christopher Chope
Parliamentary Under Secretary of State,
Department of Transport
13th December 1991


text:
Citation and Commencement
1
These Regulations may be cited as the Child Minding and Day Care (Registration and Inspection Fees) Regulations 1991 and shall come into force on 14th October 1991.
Interpretation
2
In these Regulations unless the context otherwise requires–
“ the Act ” means the Children Act 1989;
“the 1948 Act ” means the Nurseries and Child-Minders Regulation Act 1948
“full day care” means day care provided for children under the age of eight for a full working day on premises other than domestic premises;
“sessional day care” means day care provided for children under the age of eight for less than a full working day on premises other than domestic premises.
Registration
3
1
An application under section 71(1)(a) of the Act for registration as a child minder shall be accompanied by a fee of £10.00.
2
An application under section 71(1)(b) for registration as a provider of day care shall be accompanied–
a
where the applicant provides or is to provide full day care, by a fee of £100.00;
b
where the applicant provides or is to provide sessional day care and does not provide and is not to provide full day care, by a fee of £10.00.
3
Where immediately before the commencement of Part X of the Act either–
a
any premises were registered under section 1(1)(a) of the 1948 Act, and a person applies within 12 months of the commencement of Part X to be registered under section 71 of the Act in respect of the provision of day care on those premises, or
b
a person was registered under section 1(1)(b) of the 1948 Act (registration of nurseries and childminders) and that person applies under section 71 of the Act within 12 months of the commencement of Part X to be registered as a child minder,
no fee shall be payable.
Fee on Annual Inspection
4
The following fees are prescribed for the purposes of paragraph 7 of Schedule 9 to the Act (fees for annual inspection)–
a
where the person registered under section 71 of the Act is a child minder, the sum of £7.50;
b
where the person registered under section 71 of the Act is a provider of full day care, whether or not he is also a provider of sessional day care, the sum of £75.00;
c
where the person registered under section 71 of the Act is a provider of sessional day care and is not also a provider of full day care, the sum of £7.50.
Fee payable for issue of copy certificate
5
A fee of £5.00 is prescribed for the purposes of paragraph 6(4) of Schedule 9 to the Act (issue of copy certificate of registration under section 71 of the Act where certificate been lost or destroyed).
Signed by authority of the Secretary of State for Health.
Virginia Bottomley
Minister of State,
Department of Health
9th September 1991
Signed by authority of the Secretary of State for Scotland.
M. D. Forsyth
Minister of State, Scottish Office
11th September 1991


text:
Title, commencement and interpretation
1
1
These Regulations may be cited as the Sea Fishing (Days in Port) (Amendment) Regulations 1991 and shall come into force on 1st March 1991.
2
In these Regulations “the principal Regulations ” means the Sea Fishing (Days in Port) Regulations 1991 .
Amendment of the principal Regulations
2
The principal Regulations are hereby amended in accordance with regulations 3 to 6 below.
3
In regulation 2(1) thereof (interpretation) —
a
there shall be inserted after the words “In these Regulations — ” the following definition —
“the appropriate Minister” means —
i
in relation to England, the Minister of Agriculture, Fisheries and Food,
ii
in relation to Scotland or Wales, the Secretary of State,
iii
in relation to Northern Ireland, the Department of Agriculture for Northern Ireland;
;
b
there shall be inserted after the definition of “British sea-fishery officer” the following definition —
“the Council Regulation” means Council Regulation ( EEC ) No. 3926/90 fixing, for certain fish stocks and groups of fish stocks, the total allowable catches for 1991 and certain conditions under which they may be fished ;
.
4
For regulation 3 thereof (scope) there shall be substituted the following regulation —
3
1
Subject to paragraph (2) below, these Regulations apply to —
a
any fishing vessel which is registered in the United Kingdom where the vessel has an overall length that exceeds 10 metres and its landings of cod and haddock from the sea areas described in Schedule 1 during the period 1st January 1989 to 30th June 1990 exceeded 100 tonnes and 40% by weight of its total landings, and
b
any vessel replacing a vessel in the category referred to in sub-paragraph (a) above.
2
These Regulations do not apply to any fishing vessel for the time being exempted by the appropriate Minister pursuant to the decision of the Commission of the European Communities dated 13th February 1991 issued under Article 13 of the Council Regulation.
.
5
In regulation 5 thereof (offences) there shall be substituted for paragraph (1) the following paragraphs —
1
Where a vessel to which these Regulations apply does not remain in port in accordance with regulation 4(1) or 4(5), its master, owner and charterer (if any) shall each, in the absence of a reasonable excuse, be guilty of an offence.
1A
Any master, owner or charterer of a vessel to which these Regulations apply who in purported compliance with regulation 4(3), 4(4) or 4(5) furnishes any information which he knows to be false in a material particular or recklessly furnishes any information which is false in a material particular shall be guilty of an offence.
.
6
In regulation 6(1) thereof (penalties) in paragraph (1) there shall be inserted after the words “regulation 5(1)” the words “or 5(1A)”.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
Trumpington
Minister of State, Ministry of Agriculture, Fisheries and Food
26th February 1991.
Strathclyde
Parliamentary Under Secretary of State, Scottish Office
26th February 1991


text:
1
This Order may be cited as the Public Telecommunication SystemDesignation (Kingdom Cablevision Limited) (Glenrothes and Kirkcaldy)Order 1991 and shall come into force on 12th June 1991.
2
Each of the Applicable Cabled Systems is hereby designated as apublic telecommunication system.
John Redwood
Minister of State
Department of Trade and Industry
10th May 1991


text:
1
1
This Order may be cited as the Child Abduction and Custody (Parties to Conventions) (Amendment) Order 1991 and shall come into force on 1st August 1991.
2
The Child Abduction and Custody (Parties to Conventions) (Amendment) Order 1990 is revoked.
2
For Schedule 2 to the Child Abduction and Custody (Parties to Conventions) Order 1986 there shall be substituted the following —
SCHEDULE 2
EUROPEAN CONVENTION ON RECOGNITION AND ENFORCEMENT OF DECISIONS CONCERNING CUSTODY OF CHILDREN AND ON THE RESTORATION OF CUSTODY OF CHILDREN, LUXEMBOURG, 20th MAY 1980
Article 3
Contracting States to the Convention Territories specified in Declarations under Article 24 or 25 of the Convention Date of Coming into Force of Convention as between the United Kingdom and the State or Territory
The Republic of Austria — 1st August 1986 The Kingdom of Belgium — 1st August 1986 The Republic of Cyprus — 1st October 1986 The Kingdom of Denmark — 1st August 1991 The French Republic — 1st August 1986 The Federal Republic of Germany — 1st February 1991 The Grand Duchy of Luxembourg — 1st August 1986 The Kingdom of the Netherlands — 1st September 1990 Norway — 1st May 1989 The Portuguese Republic — 1st August 1986 Spain — 1st August 1986 Sweden — 1st July 1989 The Swiss Confederation — 1st August 1986
G. I. de Deney
Clerk of the Privy Council