text:
PART 1
GENERAL
Citation and commencement
1
These Regulations may be cited as the Town and Country Planning (Development Plan) Regulations 1991 and shall come into force on 10th February 1992.
Interpretation
2
–
1
In these Regulations–
“the 1990 Act ” means the Town and Country Planning Act 1990;
“the 1991 Act ” means the Planning and Compensation Act 1991;
“by advertisement” means by publication in the London Gazette and by local advertisement;
“by local advertisement” means by publication on at least one occasion in two successive weeks in a local newspaper circulating in the area of the local planning authority;
“statutory plan” means a unitary development plan, structure plan, local plan, minerals local plan or waste local plan.
2
In these Regulations–
a
a reference to the section of an Act is a reference to that section of the 1990 Act;
b
a reference to a numbered form is a reference to the correspondingly numbered form in the Schedule to these Regulations;
c
in relation to the making, alteration or replacement of a statutory plan by two or more local planning authorities jointly, a reference to a local planning authority shall be read as a reference to all of the local planning authorities making, altering or replacing the plan.
3
Part 8 of these Regulations shall be interpreted in accordance with regulation 38.
Application
3
These Regulations apply with respect to–
a
the form and content of unitary development plans and the procedure to be followed in connection with the making, alteration and replacement of such plans under Chapter I of Part II of the 1990 Act;
b
the form and content of structure plans and the procedure to be followed in connection with the alteration and replacement of such plans under Chapter II of Part II of the 1990 Act;
c
the form and content of local plans, minerals local plans and waste local plans and the procedure to be followed in connection with the making, alteration and replacement of such plans under Chapter II of Part II of the 1990 Act.
PART 2
FORM AND CONTENT OF STATUTORY PLANS
Title
4
1
The title of a statutory plan shall consist of the name of the area of the local planning authority followed by “unitary development plan”, “structure plan”, “local plan”, “minerals local plan” or “waste local plan”, as the case may be.
2
Where policies in respect of development consisting of the winning and working of minerals or involving the depositing of mineral waste (“mineral policies”) are included in a local plan or waste policies are included in a local plan or a minerals local plan, the local plan or minerals local plan including such policies shall have a sub-title consisting of the words “including mineral policies”, “including waste policies” or “including mineral and waste policies”, as the case may be.
Structure plan diagrams
5
–
1
A structure plan shall contain a diagram, called the key diagram, illustrating the general policies formulated in the plan’s written statement.
2
A structure plan may also contain a diagram, called an inset diagram, drawn to a larger scale than the key diagram, and illustrating the application of the general policies to part of the area covered by the structure plan.
3
Where an inset diagram is included in a structure plan, the area covered by the inset diagram shall be identified on the key diagram and the application of the general policies to that area shall be illustrated on that inset diagram only.
4
No key diagram or inset diagram contained in a structure plan shall be on a map base.
5
The title of a structure plan shall be set out on the key diagram and on any inset diagram contained in the plan and the key diagram and any inset diagram shall include an explanation of any symbol or notation used in the diagram.
Maps
6
1
The map required by section 12(4)(b) to be included in a unitary development plan, and by section 36(6)(a) to be included in a local plan, a minerals local plan and a waste local plan, shall be called the proposals map and shall be a map of the authority’s area reproduced from, or based upon, an Ordnance Survey map and shall show National Grid lines and reference numbers.
2
Policies for any part of the authority’s area may be illustrated on a separate map on a larger scale than the proposals map, called an inset map.
3
Where an inset map is included in a plan, the area covered by the inset map shall be identified on the proposals map and the policies for that area shall be illustrated on that inset map only.
4
The title (and any sub-title) of a statutory plan mentioned in paragraph (1) shall be set out on the proposals map and any inset map contained in the plan and the proposals map and any inset map shall show the scale to which it has been prepared and include an explanation of any symbol or notation used in the map.
Reasoned justification
7
1
A local plan, minerals local plan and waste local plan shall contain a reasoned justification of the policies formulated in the plan.
2
The reasoned justification shall be set out so as to be readily distinguishable from the other contents of the plan.
PART 3
ACTION AREAS
Action areas: prescribed period
8
The period prescribed for the purpose of section 12(8) and 36(7) (period for the commencement of comprehensive treatment of an action area) is a period of 10 years beginning with the date on which the relevant plan is first made available for inspection in accordance with section 13(2)(a) or 40(2)(a), as the case may be.
PART 4
PROCEDURE
Regard to be had to certain matters and statement of regard
9
1
In formulating their general policies in Part I of a unitary development plan or in a structure plan, the local planning authority shall, in addition to the matters specified in section 12(6), in the case of a unitary development plan, and in section 31(6), in the case of a structure plan, have regard to–
a
social and economic considerations;
b
environmental considerations; and
c
any policies and proposals of an urban development corporation which affect, or may be expected to affect, their area.
2
In formulating their waste policies in Part II of a unitary development plan, or in a waste local plan, or in a local plan or minerals local plan containing waste policies, a local planning authority shall have regard to any waste disposal plan for their area under section 50 of the Environmental Protection Act 1990 .
3
The reasoned justification of the general policies in Part I and of the policies in Part II of a unitary development plan shall contain a statement of–
a
the regard which the local planning authority have had in formulating their general policies in Part I to the matters specified in section 12(6) and paragraph (1);
b
the regard which the authority have had in formulating their waste policies in Part II to any waste disposal plan for their area and the reason for any inconsistency between their waste policies and the waste disposal plan; and
c
the account which the authority have taken of any enterprise zone scheme in their area.
4
The explanatory memorandum accompanying proposals for the alteration or replacement of a structure plan shall contain a statement of the regard which the local planning authority have had in formulating their general policies to the matters specified in section 31(6) and paragraph (1).
5
The reasoned justification of the policies formulated in a local plan, minerals local plan or waste local plan shall contain a statement of–
a
in the case of a local plan, the regard which the local planning authority have had in formulating their policies to any enterprise zone scheme in their area;
b
in the case of a waste local plan, or a local plan or a minerals local plan containing waste policies, the regard which the local planning authority have had in formulating their waste policies to any waste disposal plan and the reason for any inconsistency between their waste policies and the waste disposal plan.
Pre-deposit consultation
10
1
When preparing proposals for a statutory plan or for the alteration or replacement of such a plan under section 13(1), 33(1) or 40(1), and before finally determining the contents of the proposals, the local planning authority shall consult–
a
the Secretary of State for the Environment and the Secretary of State for Transport, in England, or the Secretary of State for Wales, in Wales;
b
any other local planning authority for the area covered by the proposals;
c
any local planning authority for an area adjacent to the area covered by the proposals;
d
except in the case of structure plan proposals, the council of any parish or community for the area covered by the proposals;
e
the National Rivers Authority;
f
the Countryside Commission and the Nature Conservancy Council for England, in England, or the Countryside Council for Wales, in Wales;
g
the Historic Buildings and Monuments Commission for England, in England.
2
The local planning authority shall consider any representations made by the consultees before finally determining the contents of the proposals.
3
The local planning authority shall prepare a statement of any other persons they have consulted when preparing their proposals, in addition to those listed in paragraph (1), and of any steps they have taken to publicise their proposals and to provide persons with an opportunity of making representations in respect of those proposals.
Deposit of proposals
11
1
A local planning authority making proposals for a statutory plan or for the alteration or replacement of a statutory plan available for inspection in accordance with section 13(2)(a), 33(2)(a) or 40(2)(a), shall–
a
make the proposals available at their principal office and at such other places within their area as they consider appropriate;
b
give notice by advertisement in Form 1; and
c
give notice in similar form to any consultee under regulation 10(1) and to any other person whom they consider should be given notice.
2
Proposals made available for inspection shall be accompanied by–
a
the statement prepared pursuant to regulation 10(3);
b
in the case of local plan, minerals local plan or waste local plan proposals made available in accordance with section 40(2)(a), any statement supplied under section 46(2);
c
in the case of structure plan proposals made available in accordance with section 33(2)(a), the explanatory memorandum.
3
The local planning authority shall send 4 copies of the documents made available for inspection to the Secretary of State.
Objections and representations
12
1
The period within which objections and representations may be made to the local planning authority with respect to proposals for a statutory plan, or for the alteration or replacement of such a plan, made available for inspection under section 13(2)(a), 33(2)(a) or 40(2)(a), shall be six weeks beginning with the date on which a notice given pursuant to regulation 11(1)(b) is first published in a local newspaper.
2
Objections and representations shall be made in writing and addressed to the local planning authority in accordance with the details given in the published notice.
3
In addition to the requirement to consider objections imposed by sections 13(6), 33(6) or 40(7), as the case may be, the local planning authority shall also consider any representations made in accordance with this regulation.
4
In the case of deposited proposals for a statutory plan or for the replacement of a statutory plan, a representation that matters relating to the development and use of land not included in the deposited proposals ought to have been so included shall be treated as an objection made to the proposals in accordance with the regulations for the purpose of
a
regulation 17;
b
in the case of statutory plan proposals other than structure plan proposals, regulation 14 and sections 16 and 42,
if the representation is made within the time and in the manner required by this regulation.
Withdrawal of proposals
13
1
On the withdrawal of proposals for a local plan, minerals local plan or waste local plan, or for the alteration or replacement of such a plan, the local planning authority shall–
a
withdraw the copies of the proposals made available for inspection under section 40(2)(a); and
b
give notice that the proposals have been withdrawn to every person who has made an objection or representation with respect to the proposals.
2
On the withdrawal of proposals for a unitary development plan, or for the alteration or replacement of a unitary development plan or a structure plan, the local planning authority shall, in addition to the persons specified in section 14(2)(b), in the case of unitary development plan proposals, or in section 34(2)(b), in the case of structure plan proposals, give notice of the withdrawal to every person who has made a representation with respect to the proposals.
3
A local planning authority withdrawing proposals for a statutory plan, or for the alteration or replacement of such a plan, shall also give notice by advertisement.
4
The notice of withdrawal required by sections 14(2)(b), 34(2)(b) and by this regulation shall be in Form 2.
Local inquiry or other hearing
14
1
A local planning authority shall, at least six weeks before the opening of any local inquiry or other hearing which they cause to be held to consider objections to proposals for a statutory plan or for the alteration or replacement of a statutory plan made available for inspection under section 13(2) or 40(2)–
a
give any person who has objected to, or made a representation in respect of, the proposals in accordance with these regulations and not withdrawn the objection or representation, notice of the time and place at which the inquiry or other hearing is to be held, the name of the person appointed to hold it, and its purpose; and
b
in the case of a local inquiry, give notice of that information by local advertisement.
2
A local inquiry referred to in paragraph (1) shall be held in public.
Examination in public
15
1
A local planning authority shall, at least six weeks before the opening of an examination in public which they cause to be held of matters affecting the consideration of proposals for the alteration or replacement of a structure plan–
a
make available for inspection at any place at which the plan proposals have been made available for inspection a list of the matters with which the examination in public will be concerned and the persons who have been invited to take part in it;
b
give any person who has objected to, or made a representation in respect of, the proposals in accordance with these regulations and not withdrawn the objection or representation, notice of the time and place at which the examination in public is to be held, the name of the person or persons appointed to hold it and its purpose, and the availability for inspection of the list mentioned in sub-paragraph (a); and
c
give notice of that information by local advertisement.
2
Any notice given under paragraph (1) shall invite representations to be made to the local planning authority on the list referred to in paragraph (1)(a) within 28 days of the date on which the notice is first published in a local newspaper.
Consideration of proposals following a local inquiry or other hearing or examination in public
16
1
Where a local planning authority cause a local inquiry or other hearing to be held for a purpose mentioned in regulation 14(1), or an examination in public to be held for a purpose mentioned in regulation 15, the authority shall, after considering the report of the person holding the inquiry, other hearing, or examination in public, as the case may be, prepare a statement of–
a
the decisions they have reached in the light of the report and any recommendations contained in the report; and
b
the reasons for those decisions.
2
Where a list of proposed modifications to the statutory plan proposals is made available for inspection under regulation 18(1) after the statement of decisions and reasons is prepared, the report mentioned in paragraph (1) and that statement shall be made available for inspection from the date on which, and at the places at which, the list is made available for inspection.
3
Where such a list is not made available for inspection under regulation 18(1) after the statement of decisions and reasons is prepared, the local planning authority shall–
a
give notice by local advertisement in Form 3;
b
serve a notice in similar form on any person who has objected to, or made a representation in respect of, the plan proposals in accordance with these regulations and not withdrawn the objection or representation; and
c
make copies of the report mentioned in paragraph (1) and the statement of decisions and reasons available for inspection at any place at which the plan proposals have been made available for inspection.
4
Where the report of the person holding the inquiry, other hearing, or examination in public, as the case may be, contains recommendations that the statutory plan proposals should be modified in a manner specified in the report and the local planning authority intend not to accept one or more of those recommendations–
a
the authority shall make a list of the recommendations that they do not intend to accept available for inspection from the date on which, and at the places at which, the report is made available for inspection;
b
the notice given in Form 3, or in Form 4, as the case may be, shall record the authority’s intention not to accept those recommendations and invite objections and representations to be made in respect of that intention within six weeks of the date on which the notice is first published in a local newspaper;
c
paragraphs (3) and (4) of regulation 18 shall apply to any objection and representation made in respect of that intention as they apply to objections and representations made in respect of proposed modifications;
d
where a local inquiry or other hearing is held to consider objections made to that intention, regulation 14 shall apply, and where an examination in public is held to consider matters in connection with that intention, regulation 15 shall apply, as those regulations apply in the case of statutory plan proposals, and this regulation shall apply following such a local inquiry or other hearing or examination in public as it applies to a local inquiry or other hearing or examination in public mentioned in paragraph (1); and
e
where objections have been made to that intention in accordance with these regulations and not withdrawn and the local planning authority do not cause a local inquiry or other hearing or examination in public to be held, regulation 17 shall apply to the consideration of the objections as it applies to the consideration of objections to statutory plan proposals.
5
Where notice is given in Form 3 and paragraph (4) does not apply, the notice shall give 28 days notice of the local planning authority’s intention to adopt the statutory plan proposals.
Consideration of objections without a local inquiry or other hearing or examination in public
17
1
Where objections have been made to statutory plan proposals in accordance with these regulations and not withdrawn and the local planning authority do not cause a local inquiry or other hearing or examination in public to be held, the authority shall prepare a statement of their decisions as respects all the objections and their reasons for each decision.
2
Paragraphs (2), (3) and (5) of regulation 16 shall apply where a statement is prepared pursuant to paragraph (1) as they apply where a statement is prepared pursuant to regulation 16(1).
Modification of proposals
18
1
Subject to paragraph (7), a local planning authority proposing to modify proposals for a statutory plan or for the alteration or replacement of a statutory plan (whether to comply with a direction given by the Secretary of State or on their own initiative) shall, unless they are satisfied that the modifications they intend to make will not materially affect the content of the proposals–
a
prepare a list of the modifications with their reasons for proposing them;
b
make copies of that list available for inspection at any place at which the plan proposals have been made available for inspection;
c
give notice by local advertisement in Form 4; and
d
serve a notice in similar form on any person who has objected to, or made a representation in respect of, the plan proposals in accordance with these regulations and not withdrawn the objection or representation.
2
The period within which objections and representations may be made to the local planning authority in respect of proposed modifications is six weeks beginning with the date on which a notice given pursuant to paragraph (1) is first published in a local newspaper.
3
Objections and representations shall be made in writing and addressed in accordance with the details given in the notice.
4
An objection to, or representation in respect of, proposed modifications, made in accordance with this regulation, shall be treated as an objection made in accordance with the regulations for the purpose of section 13(6), in the case of unitary development plan proposals, section 33(6), in the case of structure plan proposals, and section 40(7), in the case of local plan, minerals local plan or waste local plan proposals.
5
Where a local inquiry or other hearing is held to consider objections made to proposed modifications, regulation 14 shall apply, and where an examination in public is held to consider matters in connection with proposed modifications, regulation 15 shall apply, as those regulations apply in the case of statutory plan proposals, and regulation 16 shall apply following such a local inquiry or other hearing or examination in public as it applies to a local inquiry or other hearing or examination in public mentioned in paragraph (1) of that regulation.
6
Where objections have been made to proposed modifications in accordance with this regulation and not withdrawn and the local planning authority do not cause a local inquiry or other hearing or examination in public to be held, regulation 17 shall apply to the consideration of the objections as it applies to the consideration of objections to statutory plan proposals.
7
Unless a list of proposed modifications contains only modifications proposed by the local planning authority in order to comply with a direction given by the Secretary of State under section 17(1), 35(2) or 43(4), it shall not be made available for inspection, and the notice referred to in paragraph (1) shall not be given or served, until after–
a
the period for objecting to the statutory plan proposals after they have been made available for inspection has expired, or, in the case of a second or subsequent list of proposed modifications, the period for objecting to the previous list of proposed modifications has expired; and
b
any statement (or further statement) required by regulation 16(1) or 17(1), as the case may be, has been prepared.
Notice of intention to adopt
19
Without prejudice to sections 13(6), 32(7) and 40(7), proposals for a statutory plan or for the alteration or replacement of such a plan shall not be adopted by a local planning authority until the period given by the authority in their notice of intention to adopt in Form 1, or where the authority has also given notice of their intention to adopt in Form 3 or Form 4, the period in the last such notice to be given by the authority, has expired.
Adoption
20
1
When a local planning authority adopt proposals for a statutory plan or for the alteration or replacement of a statutory plan they shall–
a
give notice by advertisement in Form 5; and
b
serve notice in similar form on any person who has asked to be notified of the adoption.
2
A copy of the notice given pursuant to paragraph (1) and of the adopted proposals shall be made available for inspection at any place at which the proposals were made available for inspection under regulation 11(1)(a).
3
The local planning authority shall, not later than the date on which notice is first given by advertisement pursuant to paragraph (1), send 4 copies of the adopted proposals to the Secretary of State.
PART 5
INTERVENTION BY THE SECRETARY OF STATE
Documents to be supplied to the Secretary of State
21
A local planning authority shall supply the Secretary of State with a copy of every notice published by the authority in accordance with these Regulations when the notice is first published, together with a copy of every document made available for inspection in accordance with these regulations.
Direction to modify proposals
22
1
Where the Secretary of State directs a local planning authority to modify their proposals under section 17(1), 35(2) or 43(4) the authority shall make a copy of the direction available for inspection with any subsequent list of modifications made so available pursuant to regulation 18(1), and that list shall indicate–
a
which modifications have been proposed to comply with the direction; or
b
where modifications have not been proposed to comply, or to comply fully, with the direction, the authority’s reasons for not doing so.
2
Any notice of adoption of the proposals given pursuant to regulation 20(1) shall state that the local planning authority have satisfied the Secretary of State that they have made the modifications necessary to conform with the direction to modify or that the direction has been withdrawn, as the case may be.
3
A copy of any notification by the Secretary of State that he is satisfied with the modifications made or that the direction is withdrawn shall be made available for inspection from the date on which, and at the places at which, the adopted proposals are made available for inspection.
Direction not to adopt proposals
23
If, before the local planning authority have adopted proposals for a statutory plan or for the alteration or replacement of such a plan, the Secretary of State directs them not to adopt the proposals until he has decided whether to give them a direction under section 18(1), 35A(1) or 44(1), as the case may be, they shall not adopt the proposals until he has notified them of his decision.
Called-in proposals
24
1
Where the Secretary of State is minded to approve with modifications proposals for a statutory plan or for the alteration or replacement of a statutory plan submitted to him for his approval, he shall, unless, in his opinion, the proposed modifications will not materially affect the content of the plan proposals, send a list of the proposed modifications to the local planning authority, and the authority shall, upon receipt of the list–
a
make copies of the list available for inspection at any place at which the plan proposals have been made available for inspection;
b
give notice by local advertisement in Form 6; and
c
serve notice in similar form on any person who has objected to, or made a representation in respect of, the plan in accordance with these regulations and not withdrawn the objection or representation and on any other person on whom the Secretary of State directs them to serve such a notice.
2
The period within which objections or representations may be made to the Secretary of State in respect of the proposed modifications is six weeks beginning with the date on which a notice given pursuant to paragraph (1) is first published in a local newspaper.
3
Objections and representations shall be made in writing and addressed in accordance with the details given in the notice.
4
Where the Secretary of State causes a local inquiry or other hearing to be held for the purpose of considering objections to statutory plan proposals submitted to him for his approval, or to modifications which he proposes to make to such proposals, he shall give such notice as the local planning authority would be required to give by regulation 14(1) if they were proposing to hold an inquiry or other hearing.
5
Where the Secretary of State causes an examination in public to be held under section 20(4) or 35B(2) of matters affecting his consideration of proposals submitted to him for his approval, or modifications which he proposes to make to such proposals, he shall–
a
send a list of the matters with which the examination in public will be concerned and the persons who have been invited to take part in it to the local planning authority; and
b
give such notice as the local planning authority would be required to give by regulation 15 if they were proposing to hold an examination in public.
6
The local planning authority shall, on receipt of a list sent to them pursuant to paragraph (5), make that list available for inspection at any place at which the plan proposals have been made available for inspection.
7
The local planning authority shall, on being notified by the Secretary of State of his decision on statutory plan proposals submitted to him for his approval–
a
give notice by advertisement in Form 7;
b
serve a notice in similar form on any person who has asked to be notified of the decision reached on the proposals and on any other person on whom the Secretary of State directs them to serve such a notice; and
c
make a copy of the Secretary of State’s notification and of the approved or rejected proposals available for inspection at any place at which the proposals were made available for inspection under regulation 11(1)(a).
Making, alteration and replacement of statutory plans by the Secretary of State
25
1
These Regulations apply, so far as practicable and with any necessary modifications, to the making, alteration and replacement of a statutory plan by the Secretary of State as they apply to the making, alteration or replacement of a statutory plan by a local planning authority.
2
When a statutory plan or alteration made by the Secretary of State becomes operative, the local planning authority entitled to prepare proposals for the alteration or replacement of the plan made or altered by the Secretary of State shall comply with regulation 27 in respect of that plan.
PART 6
AVAILABILITY OF DOCUMENTS AND INDEX
Availability of documents for inspection
26
1
Subject to paragraph (3), documents made available for inspection pursuant to Part II of the 1990 Act or these Regulations by a local planning authority making, altering or replacing a statutory plan shall be made so available at the place and time specified by the authority when giving notice of their availability for inspection, and shall, unless the statutory plan proposals are withdrawn, remain so available until the expiration of six weeks from the date of publication of the notice of adoption, approval or rejection of the proposals.
2
The local planning authority shall, on request and on payment of a reasonable charge, provide, as soon as practicable, a copy of any document made available for inspection mentioned in paragraph (1).
3
Adopted proposals made available for inspection under regulation 20(2) and approved proposals made available for inspection under regulation 24(7)(c) shall remain so available until printed copies of the proposals are made available for inspection under regulation 27(1).
Availability of plans after adoption or approval
27
1
As soon as practicable after proposals for a statutory plan or for the alteration or replacement of a statutory plan have been adopted or approved, the local planning authority which prepared the proposals shall secure that printed copies of the statutory plan, the statutory plan as altered, or the replacement plan, as the case may be, are available for inspection during normal office hours at their principal office and at such other places within their area as they consider appropriate and, on payment of a reasonable charge, for purchase.
2
A local planning authority shall continue to make printed copies of a statutory plan, altered statutory plan, or replacement plan made available for inspection and purchase under paragraph (1) so available until the relevant plan is altered, further altered, or replaced, as the case may be.
Index
28
1
A local planning authority shall keep an index containing the following information in respect of the development plan for their area–
a
the title of any plan forming part of or constituting the development plan for their area;
b
the date on which that plan was adopted or approved;
c
the title and date of adoption or approval of any alteration to that plan;
d
the date of the first publication of any notice given under these Regulations in respect of proposals for the making of a plan which will form part of or constitute the development plan for their area or for the alteration or replacement of such a plan; and
e
the places at which any plan, alteration or notice listed in the index may be inspected.
2
In a non-metropolitan area, the index kept by the local planning authority shall also contain the date of any statement supplied under section 35C or paragraph 47 of Schedule 4 to the 1991 Act, or prepared under regulations 30 or 36, in relation to a plan listed in the index and shall identify the places at which the statement may be inspected.
3
A local planning authority shall also keep a map showing the boundary of any plan listed in their index.
4
The index and map kept in accordance with this regulation shall be made available for inspection during normal office hours at the local planning authority’s principal office and at such other places within their area as they consider appropriate.
PART 7
CONFORMITY AND CONFLICT
Statement of conformity of proposals with structure plan: prescribed period
29
The prescribed period for the purpose of section 46(1)(b) is 28 days.
Statement of conformity on adoption or approval of structure plan
30
1
An authority responsible for a structure plan shall, where any proposals of theirs for the alteration or replacement of a structure plan are adopted or approved, prepare a statement in respect of any local plan for which the authority is responsible, and any minerals local plan and waste local plan for their area, stating whether the plan is, or as the case may be, is not, in general conformity with the altered or new structure plan.
2
A statement prepared under paragraph (1) stating that a local plan, minerals local plan or waste local plan is not in general conformity with a structure plan shall specify the respects in which it is not in such conformity.
3
A local planning authority which makes available for inspection a plan to which a statement under section 35C or paragraph (1) relates, shall make a copy of the statement available for inspection at any place at which the plan is made available for inspection.
4
In this regulation, references to an authority responsible for a structure plan or a local plan shall be construed in accordance with section 35C(5).
Conflict between structure plans and local plans, minerals local plans and waste local plans
31
The provisions of a local plan prevail for all purposes over any conflicting provisions in a structure plan made by the same authority, and the provisions of a minerals local plan and of a waste local plan prevail for all purposes over any conflicting provisions in a structure plan, unless the local plan, minerals local plan or waste local plan is one–
a
stated under regulation 30(1) not to be in general conformity with the structure plan; and
b
neither altered nor replaced after the statement was prepared.
Conflict between local plans and mineral local plans or waste local plans
32
Where there is a conflict between provisions in a local plan and provisions in a minerals local plan or waste local plan, the more recently adopted or approved provisions prevail.
Conflict within statutory plans
33
Where there is a conflict between the written statement of a statutory plan and any other document forming part of the plan, the provisions of the written statement prevail.
PART 8
TRANSITIONAL PROVISIONS
Unitary development plan proposals deposited under the old law
34
1
This regulation applies to proposals for a unitary development plan treated as if made available for inspection under section 13(2) by virtue of paragraph 41(1) of Schedule 4 to the 1991 Act.
2
Where this regulation applies and the six week period afforded under the old law for making objections to the unitary development plan proposals made available for inspection under section 13(3) of the old law has not expired at commencement–
a
the local planning authority which made the proposals available for inspection under the old law shall, as soon as practicable, give notice by advertisement that objections may be made under the new law to any policy contained in the proposals, including local plan policies incorporated into the proposals under the old law, and that the period given for making objections to the proposals is to be treated as expiring six weeks after the date on which the notice is first published in a local newspaper; and
b
the period for making objections to the proposals shall be so treated for all purposes.
Existing policy statement
35
1
An existing policy statement shall be made in Form 8.
2
A local planning authority intending to publish an existing policy statement shall–
a
make copies of their existing policy statement available for inspection at any place at which the statutory plan proposals are made available for inspection for the purpose of regulation 11(1)(a);
b
where the statutory plan proposals are first made available for inspection on or after commencement, publish the statement with the notice of deposit of those proposals on each occasion on which that notice is published pursuant to regulation 11(1)(b) and include a copy of the statement with any notice given pursuant to regulation 11(1)(c);
c
where the statutory plan proposals were made available for inspection under the old law and the authority is required to give notice by regulation 34(2)(a), publish the statement with that notice on each occasion on which that notice is published pursuant to that regulation.
5
In this regulation “existing policy statement” means a statement made for the purpose of paragraph 4 of Part I or paragraph 17 of Part II of Schedule 2 to the 1990 Act or paragraphs 41(2), 45(1), or 46(1) of Schedule 4 to the 1991 Act.
Conflict between structure plans and saved local plans
36
1
Where proposals for the alteration or replacement of a structure plan are adopted or approved and the local planning authority concerned are the only local planning authority in their area, that authority shall prepare a statement that any saved local plan in operation in the area is, or, as the case may be, is not, in general conformity with the altered or new structure plan.
2
A statement prepared under paragraph (1) stating that a saved local plan is not in general conformity with a structure plan shall specify the respects in which it is not in such conformity.
3
A local planning authority which make available for inspection a saved local plan to which a statement under paragraph 47(2) of Schedule 4 to the 1991 Act or paragraph (1) relates, shall make a copy of the statement available for inspection at any place at which the plan is made available for inspection.
4
The provisions of a saved local plan mentioned in paragraph (1) prevail for all purposes over any conflicting provisions in the structure plan unless the saved local plan is one stated under that paragraph not to be in general conformity with the structure plan.
5
In this regulation, the references to a saved local plan do not include a reference to a saved local plan to which paragraph 44(2) of Schedule 4 to the 1991 Act applies.
Availability of plans adopted or approved before commencement
37
Where, immediately before commencement, a local planning authority are making a plan forming part of or constituting the development plan for their area available for inspection, that authority shall continue to make that plan available for inspection until the plan ceases to have effect in relation to the authority’s area.
Interpretation of Part 8
38
In this Part, “commencement”, “the old law” and “the new law” have the meaning given to those expressions by paragraph 40 of Schedule 4 to the 1991 Act.
PART 9
REVOCATION AND SAVINGS
Revocation and savings
39
1
Subject to paragraph (2), the Town and Country Planning (Structure and Local Plans) Regulations 1982 , the Town and Country Planning (Local Plans for Greater London) Regulations 1983 , the Town and Country Planning (Structure and Local Plans) (Amendment) Regulations 1984 , paragraphs 8 to 14 of Schedule l to the Town and Country Planning (Local Government Reorganisation) (Miscellaneous Amendments) Regulations 1986 , the Town and Country Planning (Structure and Local Plans) (Amendment) Regulations 1987 and the Town and Country Planning (Unitary Development Plans) Regulations 1988 are hereby revoked.
2
The Town and Country Planning (Structure and Local Plans) Regulations 1982 shall continue to apply for the purpose of the preparation and adoption or approval of a local plan under the old law in accordance with paragraph 43 of Schedule 4 to the 1991 Act.
3
In paragraph (2), “old law” has the meaning given to that expression in paragraph 40 of that Schedule.
Michael Heseltine
Secretary of State for the Environment
10th December 1991
David Hunt
Secretary of State for Wales
10th December 1991


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Tests) (Amendment) (No. 1) Regulations 1991 and shall come into force —
a
for the purposes of regulation 13, on 1st April 1991, and
b
for all other purposes, on 18th March 1991.
Introduction
2
The Motor Vehicles (Tests) Regulations 1981 are hereby further amended in accordance with these Regulations.
Amendments to Regulation 3
3
In regulation 3 —
a
in paragraph (1) —
i
for the definition of “the Construction and Use Regulations” there shall be substituted ““the Construction and Use Regulations ” means the Road Vehicles (Construction and Use) Regulations 1986” ;
ii
for the definition of “the Lighting Regulations” there shall be substituted “the Lighting Regulations ” means “the Road Vehicles Lighting Regulations 1989” ;
iii
in the sub-paragraph which begins with the expression “agricultural motor vehicle”, there shall be inserted, before the expression “pedestrian controlled vehicle”, the expression “Ministry plate;” and
iv
before the expression “designated council” and the meaning assigned to it, there shall be inserted the following —
“design gross weight” means —
in the case of a vehicle equipped with a Ministry plate, the weight shown thereon as the design weight, or, if no weight is so shown thereon, the weight shown thereon as the weight not to be exceeded in Great Britain;
in the case of a vehicle which is not equipped with a Ministry plate, but which is equipped with a plate in accordance with regulation 66 of the Construction and Use Regulations, the maximum gross weight shown on the plate in respect of item 7 of Part I of Schedule 8 to those Regulations; and
in any other case, the weight which the vehicle is designed or adapted not to exceed when in normal use and travelling on a road laden;
and
b
in paragraph (5) for the words “Regulation 3(2)” there shall be substituted the words “Regulation 3(3)”.
Amendments to regulation 4
4
In regulation 4 —
a
paragraph (1) shall be omitted;
b
for paragraph (2) there shall be substituted —
2
The prescribed statutory requirements for the purposes of section 45(1) of the Road Traffic Act 1988 are —
a
in relation to any vehicle in Class I to V, the requirements specified in paragraph 1 of Schedule 2,
b
in relation to any vehicle in Class VI , the requirements specified in paragraph 2 of Schedule 2, and
c
in relation to any vehicle in Class VII , the requirements specified in paragraph 3 of Schedule 2,
and in these Regulations those requirements are referred to as “the prescribed statutory requirements”.
; and
c
paragraph 4 shall be omitted.
Amendment of regulation 5
5
In paragraph (1) of regulation 5,
a
in the item relating to Class IV , for the words “Classes 111, V or VI” there shall be substituted “Classes 111, V, VI or VII”; and
b
after the item relating to Class VI there shall be inserted the following —
Class VII: Goods vehicles of which the design gross weight is more than 3000 kilograms but does not exceed 3500 kilograms
.
Amendment of regulation 6
6
1
In regulation 6(1) —
a
for sub-paragraph (v) there shall be substituted the following —
v
a goods vehicle, the design gross weight of which exceeds 3500 kilograms;
;
b
for sub-paragraph (xvii) there shall be substituted the following —
xvii
an electrically propelled goods vehicle the design gross weight of which does not exceed 3500 kilograms;
;
c
the word “and” immediately following sub-paragraph (xvii) shall be omitted and after sub-paragraph (xx) there shall be added the following sub-paragraphs —
xxi
a motor vehicle constructed and not merely adapted for the purpose of street cleansing or the collection or disposal of refuse or the collection or disposal of the contents of gullies and which is either —
a
a three wheeled vehicle, or
b
a vehicle which —
i
is incapable by reason of its construction of exceeding a speed of 20 miles per hour on the level under its own power, or
ii
has an inside track width of less than 810 millimetres;
xxii
a goods vehicle, the design gross weight of which does not exceed 3500 kilograms and in respect of which a goods vehicle test certificate was issued between 1st February 1990 and 17th March 1991, while that certificate is valid; and
xxiii
before 1st August 1991, a goods vehicle the design gross weight of which does not exceed 3500 kilograms and which is of a class specified in Schedule 2 to the Goods Vehicles (Plating and Testing) Regulations 1988.
.
2
In regulation 6(3) —
a
for the words “Provided that” there shall be substituted the following —
Provided that —
a
in relation to a vehicle in any of Classes I to VI,
and
b
at the end there shall be added —
and
b
in relation to a vehicle in Class VII this Regulation does not apply in any of the following islands, namely, the Isle of Wight, the Islands of Lewis, Mainland (Orkney), Mainland (Shetland) and Skye.
Amendment of Regulation 15
7
In regulation 15 —
a
in paragraph (1) —
i
the word “and” shall be inserted after sub-paragraph (a);
ii
the word “and” following sub-paragraph (b) shall be omitted; and
iii
sub-paragraphs (c) and (d) shall be omitted;
b
in paragraph (2) the words “and inspection report or card (if its issue is required by paragraph (1)(c) or (d))” and the words “and report or card”, wherever they occur, shall be omitted;
c
in paragraph (3) in sub-paragraph (a)(iii) for the words “unladen weight” there shall be substituted the words “design gross weight”;
d
in paragraph (4) —
i
after the words “Every test certificate” there shall be inserted the word “and”;
ii
the words “and inspection report or card” shall be omitted.
Amendments consequential upon regulation 7 above
8
1
In regulation 18 (appeal on refusal of a test certificate) —
a
in paragraph (5), sub-paragraph (b) and the word “and” which precedes it shall be omitted; and
b
in paragraph (6) —
i
after the words “Test certificates” there shall be inserted the word “and”;
ii
the words “and inspection reports or cards” shall be omitted; and
iii
in sub-paragraph (a) —
aa
for the words “notices of the refusal” there shall be substituted “or a notice of the refusal”; and
bb
the words “and an inspection report or card” shall be omitted.
2
In regulation 22 (records to be kept and returns to be furnished by examiners and designated councils), in paragraph (4) the words “together with a copy of any inspection report or card which accompanied the same” shall be omitted.
3
In regulation 24, in paragraph (c) —
a
after the words “copies of test certificates” there shall be inserted the word “and”; and
b
the words “and inspection reports and cards” shall be omitted.
4
In regulation 25, in paragraph (1) —
a
after the words “for use as a test certificate” there shall be inserted the word “or”; and
b
the words “or an Inspection report or card” shall be omitted.
Amendment of regulation 20
9
In regulation 20 —
a
in paragraph (1), after sub-paragraph (b), there shall be inserted —
ba
in the case of a vehicle in Class VII, £18;
; and
b
for sub-paragraph (c) of paragraph (7) there shall be substituted the following —
c
the re-examination relates only to one or more of the requirements specifed in the following items in paragraph 2 of Schedule 2 —
i
sub-paragraph (a) (Insofar as it relates to windscreen cleaning, audible warning instruments, speed limiter and plate, lamps, rear retro reflectors and direction indicators;
ii
items 18; 19; 20; 23 (Insofar as it relates to the spare wheel carrier and bumpers); 26, 35, 36 and 52 (insofar as they relate to markings); 45; 46; 48 and 62 (insofar as they relate to cleanliness); 63; 64; 65; 66; and 67; and
iii
sub-paragraph (f).
Amendment of regulation 23
10
In regulation 23(2), after sub-paragraph (a) there shall be inserted —
aa
£9 in the case of a Class VII vehicle
;
Amendment of Schedules 2 and 3
11
For Schedule 2 there shall be substituted the Schedule set out in the Schedule to these Regulations.
12
Schedule 3 shall be omitted.
Amendment of Schedule 2 (as substituted by regulation 11 above)
13
In Schedule 2, as substituted by regulation 11 above, —
a
in paragraph 1 after item 8 there shall be inserted the following item
9 36A and 70A Speed limiter and plate
; and
b
in paragraph 2 for the words “items 1 to 8 and 10 to 16” there shall be inserted the words “items 1 to 16”.
Signed by authority of the Secretary of State for Transport
Christopher Chope
Parliamentary Under Secretary of State,
Department of Transport
13th February 1991


text:
PART I —
Introductory
Citation and commencement
1
These Regulations may be cited as the Children’s Homes Regulations 1991 and shall come into force on 14th October 1991.
Interpretation
2
1
In these Regulations unless the context otherwise requires —
“ the Act ” means the Children Act 1989;
“children’s home” means a registered children’s home, a community home or a voluntary home;
“maintained community home” means a community home proivded, managed, equipped and maintained by a local pursuant to section 53(3)(a) of the Act (Provision of community homes by local authorities);
“medicinal product” means anything in respect of which a product licence under the Medicines Act 1968 is required;
“person in charge” means in relation to a home the person appointed as the person in charge of it by the responsible authority;
“registered dental practitioner” means a person registered in the dentists register under the Dentists Act 1984 ;
“registration authority” means —
in the case of a voluntary home, the Secretary of State; and
in the case of a registered children’s home, the local authority in whose area the home is situated;
“responsible authority” means —
in the case of a maintained community home, the local authority by whom it is maintained;
in the case of a controlled or assisted community home, the body of managers, except in respect of a matter which is reserved, by the Act or the instrument of management, to the local authority or the voluntary organisation providing the home, and in that case means the local authority or the voluntary organisation providing the home;
in the case of a voluntary home, the voluntary organisation by whom it is provided; and
in the case of a registered children’s home, the person carrying it on.
2
In the Regulations unless the context otherwise requires —
a
any reference to a numbered section is to the section of the Act bearing that number;
b
any reference to a numbered regulation is to the regulation in these Regulations bearing that number, and any reference in a regulation to a numbered paragraph is to the paragraph of that regulation bearing that number; and
c
any reference to a numbered schedule is to that numbered Schedule to these Regulations.
Application of Regulations
3
1
Subject to paragraph (2) —
a
This Part, Part II and Part III of these Regulations apply to all children’s homes.
b
Part IV of these Regulations applies only to community homes.
c
Part VI of these Regulations applies only to registered children’s homes.
d
Parts V and VII of these Regulations apply only to voluntary homes.
e
Part VIII of these Regulations applies only to registered children’s homes and to voluntary homes.
2
These Regulations shall not apply to premises used only to accommodate children for the purpose of a holiday for periods of less than 28 days at a time in the case of any one child.
PART II —
Conduct of Children’s Homes
Statement of purpose and function of children’s homes
4
1
The responsible authority shall within three months of the coming into force of these Regulations compile, and thereafter maintain, and keep up to date, a written statement of the particulars mentioned in Part I of Schedule 1 relating to each children’s home for which it is the responsible authority.
2
The statement referred to in paragraph (1) shall be made available for inspection by the persons referred to in Part II of Schedule 1 (in addition to those who have a right under the Act to inspect this statement).
Staffing of children’s homes
5
1
The responsible authority shall ensure that the number of staff of each children’s home and their experience and qualifications are adequate to ensure that the welfare of the children accommodated there is safeguarded and promoted at all times.
2
The responsible authority shall ensure that the particulars specified in Part I of Schedule 1 are brought to the notice of all staff in each children’s home.
Accommodation for individual children
6
1
The responsible authority shall ensure that, so far as is reasonably practicable, each child in a children’s home shall be provided with an area within the home which is suitable for his needs, and is equipped in accordance with the following paragraphs of this regulation.
2
The area referred to in paragraph (1) shall be equipped with furniture, bedding and furnishings appropriate to the needs of the child.
3
Where the child concerned is disabled the area referred to in paragraph (1) shall be equipped with what is reasonably necessary in order to meet the child’s needs arising from his disability so as to enable him to live as normal a life as possible.
Accommodation — general provisions
7
1
The responsible authority shall ensure that there is provided within the home for the use of children accommodated there —
a
a sufficient number of wash basins, baths and showers supplied with hot and cold running water; and
b
a sufficient number of lavatories,
for the number of children accommodated.
2
The responsible authority shall ensure that all parts of the home used by children accommodated are —
a
adequately lit, heated and ventilated;
b
kept in good structural repair, clean and reasonably decorated and maintained for the purpose of accommodating children.
3
The responsible authority shall ensure that there are provided within the children’s home suitable facilities for any child accommodated there to meet privately —
a
his parent;
b
any person who is not a parent but who has parental responsibility for him;
c
his relatives or friends;
d
his solicitor;
e
his guardian ad litem;
f
ny independent person appointed in respect of any requirement of the procedure specified in the Representations Procedure (Children) Regulations 1991 ;
g
any visitor appointed for the child in accordance with paragraph 17 of Schedule 2 to the Act;
h
any person authorised in accordance with section 80(2) by the Secretary of State to conduct an inspection of the children’s home and the children there;
i
n the case of a registered children’s home any person authorised by the registration authority;
j
n the case of an assisted community home, any person authorised by the local authority named in the instrument of management.
4
The responsible authority shall ensure that there are provided in the children’s home adequate facilities for laundering linen and clothing used by children accommodated there, and, for children wishing to do so, to wash, dry and iron their own clothes.
5
The responsible authority shall ensure that a pay telephone is available for children accommodated in the home in a setting where it is possible to make and receive telephone calls in private.
Control and discipline
8
1
Except as otherwise directed by the Secretary of State in accordance with section 53(2) of the Children and Young Persons Act 1933 or section 22(7) of the Act, only such disciplinary measures as are for the time being approved by the responsible authority shall be used in a children’s home.
2
Subject to paragraph (3), the following measures shall not be used in a children’s home —
a
any form of corporal punishment;
b
any deprivation of food or drink;
c
any restriction on visits to or by any child or any restriction on or delay in communications by telephone or post with —
i
his parent,
ii
any person who is not a parent of his but who has parental responsibility for him,
iii
his relatives or friends,
iv
any visitor appointed for the child in accordance with paragraph 17 of Schedule 2 to the Act,
v
any social worker for the time being assigned to the child by the local authority who are looking after him or voluntary organisation who are caring for him,
vi
any guardian ad litem of the child,
vii
any solicitor for the time being acting for the child or whom the child wishes to instruct;
d
any requirement that a child wear distinctive or inappropriate clothes;
e
the use or withholding of medication or medical or dental treatment;
f
he intentional deprivation of sleep;
g
the imposition of fines (except by way of reparation);
h
any intimate physical examination of the child.
3
Nothing in this regulation shall prohibit —
a
the taking of any action by, or in accordance with the instructions of, a registered medical or dental practitioner which is necessary to protect the health of a child;
b
the taking of any action immediately necessary to prevent injury to any person or serious damage to property;
c
the imposition of a requirement that a child wear distinctive clothing, for purposes connected with his education or with any organisation whose members customarily wear uniform in connection with its activities;
d
the imposition by the responsible authority or the person in charge of the home having obtained a court order where necessary of any prohibition, restriction or condition upon contact between the child and any person if they or the person in charge of the home are satisfied that the prohibition, restriction or condition is necessary in order to protect or promote the welfare of the child.
4
Full particulars of the use made of any disciplinary measures including —
a
the date on which they were used;
b
the reason why they were used; and
c
the person by whom they were used;
shall be recorded by a duly authorised person on behalf of the responsible authority in permanent form in the home within 24 hours of their use and shall be signed by him.
Storage of medicinal products
9
1
Subject to paragraph (3), the responsible authority shall ensure that any medicinal product which is kept in a children’s home shall be stored in a secure place so as to prevent any child accommodated there having access to it otherwise than under the supervision of a member of the staff of the home.
2
Subject to paragraph (3), the person in charge of a children’s home shall ensure that no medicinal product shall be administered to a child otherwise than by a member of the staff of the children’s home, a registered nurse or registered medical practitioner.
3
Paragraphs (1) and (2) do not apply to a medicinal product which —
a
is stored by the child for whom it is provided in such a way that others are prevented from using it; and
b
may safely be self-administered by that child.
Employment and education of older children
10
Where any child in a children’s home has attained the age where he is no longer required to receive compulsory full-time education, the responsible authority shall assist with the making of, and give effect to, the arrangements made for him in respect of his education, training and employment.
Religious observance
11
The responsible authority shall ensure that each child accommodated in each children’s home is enabled, so far as practicable, to attend the services of, to receive instruction in, and to observe any requirement (whether as to dress, diet or otherwise) of, the religious persuasion to which he belongs.
Food provided for children and cooking facilities
12
1
The responsible authority shall ensure that children accommodated in each children’s home are provided with food, in adequate quantities for their needs, which is properly prepared, wholesome and nutritious.
2
So far as is practicable the responsible authority shall ensure that at each main meal there is a choice for each course.
3
The responsible authority shall ensure that any special dietary need of a child accommodated in the home, which is due to his health, religious persuasion, racial origin or cultural background, is met.
4
The responsible authority shall provide within a home —
a
suitable and sufficient catering equipment, crockery and cutlery to provide for the needs of children accommodated in the home;
b
proper facilities for the refrigeration and storage of food; and
c
so far as is practicable, adequate facilities for children to prepare their own food if they so wish.
Purchase of clothes
13
1
So far as is practicable the responsible authority shall enable each child accommodated in the home to purchase clothes according to his needs.
2
Where a child accommodated in the home does not wish to, or is not able to, purchase his own clothes, the responsible authority shall purchase clothes for him to meet his needs.
Fire precautions
14
1
The responsible authority shall ensure, before any child is accommodated in a children’s home and at all times when children are accommodated, that the fire authority within whose area the home is or will be situated are notified in writing of the following particulars —
a
the location of the home;
b
the number of children accommodated or to be accommodated there;
c
the minimum and maximum age of children accommodated or to be accommodated there;
d
whether children suffering from any impairment of movement or intellect are accommodated or are to be accommodated there, and if so the nature of the impairment.
2
The responsible authority shall ensure that in respect of the home —
a
adequate precautions are taken against the risk of fire,
b
adequate means of escape in the event of fire are provided,
c
adequate arrangements are made for detecting, containing and extinguishing fire,
d
adequate arrangements are made for warning of an outbreak of fire and for evacuation in the event of fire, and
e
adequate fire fighting equipment is provided.
3
The responsible authority shall ensure that arrangements are made so that —
a
the staff, and
b
so far as is practicable, the children accommodated in the home,
are aware of the procedure to be followed in the event of fire at the home.
4
The arrangements referred to in paragraph (3) shall include practices of the evacuation procedure for the home and the techniques of resuscitation and the saving of life.
5
The responsible authority shall make arrangements to ensure that any outbreak of fire requiring an evacuation of children accommodated in the home from it or any part of it is notified to them immediately.
PART III —
Administration of Children’s Homes
Confidential records with respect to children in children’s homes
15
1
The responsible authority shall arrange that there shall be kept in each children’s home a record in permanent form with respect to each child who is accommodated there, which shall so far as practicable include the information specified in Schedule 2.
2
The record mentioned in paragraph (1) shall be kept securely and treated as confidential subject only to —
a
any provision under or by virtue of a statute under which access may be obtained or given to records and information concerning a child;
b
any court order, in respect of access to records and information concerning a child.
3
The records mentioned in paragraph (1) shall be retained for at least seventy-five years from the date of birth of the child to whom they relate or, if the child dies before attaining the age of 18, for a period of 15 years from the date of his death.
Access by guardians ad litem to records and register
16
1
Each voluntary organisation, where they are not acting as an authorised person , and every person carrying on a registered children’s home shall provide a guardian ad litem of a child —
a
such access as may be required to —
i
records in so far as they relate to the child maintained in accordance with these Regulations; and
ii
the information from such records held in whatever form (such as by means of computer).
b
such copies of the records as he may require.
Other records with respect to children in children’s homes
17
1
The responsible authority shall keep in each children’s home the records specified in Schedule 3 and shall ensure that the details are kept up to date.
2
The records referred to in paragraph (1) shall be retained for at least fifteen years, except for records of menus which need be kept only for one year.
Regulations and guidance
18
A copy of these Regulations and of any relevant guidance issued by the Secretary of State under Section 7 of the Local Authority Social Services Act 1970 shall be kept in the home and made available when required to —
a
all staff;
b
every child accommodated in the home;
c
the parents or guardians of any child accommodated in the home;
d
any person who is not a parent of a child accommodated in the home but has parental responsibility for him.
Notification of significant events
19
1
In respect of the events at any children’s home mentioned in paragraph (2), the responsible authority shall forthwith notify —
a
insofar as it is reasonably practicable —
i
the parents of any child concerned,
ii
any person who is not a parent of any child concerned but who has parental responsibility for such a child, and
iii
any other person who has undertaken to meet any fees or expenses incurred in accommodating any child concerned at the home;
b
except in the case of the event mentioned in paragraph (2)(b), the District Health Authority within whose district the children’s home is situated;
c
where the responsible authority is not a local authority —
i
the local authority within whose area the home is situated, and
ii
the registration authority;
d
in respect of the events mentioned in paragraph (2)(a), (b) and (c), the Secretary of State, except, in relation to paragraph (2)(a) where the child is being looked after by a local authority ;
e
in respect of the event mentioned in paragraph (2)(c), a constable.
2
The events referred to in paragraph (1) are —
a
the death of a child accommodated at the home;
b
any conduct on the part of a member of staff of the home which is or may be such, in the opinion of the responsible authority, that he is not, or as the case may be would not be, a suitable person to be employed in work involving children;
c
the suffering of serious harm by a child accommodated at the home;
d
any serious accident involving a child accommodated at the home;
e
any serious illness of a child accommodated at the home; and
f
he outbreak in the home of any notifiable infectious disease to which the Public Health (Control of Disease) Act 1984 applies or disease to which provisions of that Act are applied by Regulation made under that Act .
3
Any notification given with respect to the death of a child shall give such detail as to the circumstances as is known to the responsible authority.
Absence of a child without authority
20
1
The responsible authority shall draw up and cause to be recorded in writing the procedure to be followed when any child accommodated in a children’s home is absent without permission.
2
The responsible authority shall ensure that the procedure mentioned in paragraph (1) is drawn to the attention of the children accommodated in the home and the staff of, and others working in, the home.
Absence of person in charge of voluntary or registered children’s home
21
1
Subject to paragraphs (2) and (4), where the person in charge of a voluntary home or registered children’s home proposes to be absent from the home for a continuous period of four weeks or more, he shall give written notice to that effect to the registration authority at least four weeks before the absence is due to begin.
2
Subject to paragraph (4), where it is necessary for the person in charge to be absent from the home for a continuous period of four weeks or more in circumstances where it would be impracticable to give the period of notice mentioned in paragraph (1) the registration authority may accept such shorter notice as appears reasonable.
3
Subject to paragraph (4), where paragraph (1) applies, the person for the time being in charge of a voluntary or registered children’s home shall inform the registration authority at least seven days before the beginning of the absence of —
a
its occurrence and anticipated duration;
b
the reason for it;
c
the number of children accommodated when the information is given;
d
the arrangements which have been made for the running of the home;
e
the name, address and qualifications of the person who will for the time being be in charge.
4
Nothing in this regulation shall require notification to be given to the registration authority if in a case falling within paragraph (1) or (2) no child is to be accommodated during the period of the absence.
5
If, in any case referred to in paragraph (4) of this regulation, a child is provided with accommodation in the home during the period of absence, the person for the time being in charge shall, within seven days of the child first being provided with accommodation, inform the registration authority of the matters mentioned in paragraph (3).
6
Within seven days of the return of the person in charge, or the appointment of some other person in his place, the responsible authority shall notify the registration authority of that fact.
7
If, in the case of a registered children’s home the person in charge is also the responsible authority, anything required to be done by or to the responsible authority shall be done by or to (as the case may require) the person for the time being in charge of the home.
Accountability and visiting on behalf of responsible authority
22
1
If the person carrying on a voluntary home or registered children’s home, is an individual but is not also the person in charge of the home, he shall visit the home once a month, or cause some other person to do so on his behalf and to report to him in writing on the conduct of the home.
2
Where the person carrying on a voluntary home or registered children’s home is a body of persons (whether incorporated or not), the directors, or other persons responsible for the conduct of the body, shall cause one of their number to visit the home once a month and to report to them in writing on the conduct of the home.
3
The managers of a controlled or assisted community home shall cause one of their number to visit the home once a month and to report to them in writing on the conduct of the home.
4
The local authority who maintain a maintained community home shall cause the home to be visited once a month and to report to them in writing upon the conduct of the home.
PART IV —
Community Homes
Secretary of State’s directions
23
The Secretary of State may give and revoke directions requiring —
a
the local authority by whom a community home is provided or who are specified in the instrument of management for a controlled community home, or
b
the voluntary organisation by which an assisted community home is provided
to accommodate in the home a child looked after by a local authority for whom no places are made available in that home or to take such action in relation to a child accommodated in the home as may be specified in the directions.
PART V —
Registration of Voluntary Homes
Application for registration of voluntary home
24
An application for registration under paragraph 1 of Schedule 5 to the Act (registration of voluntary homes) shall be —
a
made in writing to the Secretary of State; and
b
accompanied by the particulars specified in, or referred to in, Schedule 4.
PART VI —
Registered Children’s Homes
Application for registration of children’s home
25
1
An application under paragraph 1 of Schedule 6 to the Act (registration of a children’s home) shall be made in writing.
2
Where the applicant is a natural person his application shall be accompanied by the particulars specified in Part I of Schedule 5.
3
Where the applicant is a body corporate or unincorporate the application shall be accompanied by the particulars specified in Part II of Schedule 5.
4
Whether the applicant is a natural person or a body corporate or unincorporate his application shall also be accompanied by the particulars specified in, or referred to in, Part III of Schedule 5.
Limits on number of children accommodated
26
The registration authority may limit the number of children to be accommodated in a registered children’s home to such number as it may specify by means of a condition imposed under paragraph 2 of Schedule 6 to the Act.
Annual review of registration
27
In connection with an annual review of registration under paragraph 3 of Schedule 6 to the Act, the person carrying on the registered children’s home shall notify the registration authority of any changes which there may have been since the previous review, or the original application where there has been no review, in any of the particulars furnished under regulation 25(2), (3) or (4).
Inspection of registered children’s homes
28
1
Where an application has been made for the registration of a children’s home, the registration authority shall cause it to be inspected before deciding whether or not to grant the application.
2
Within the period of one month ending upon the anniversary of the registration of a registered children’s home, the registration authority shall cause the home to be inspected.
3
On at least one other occasion in any year the registration authority shall cause the home to be inspected.
4
The registration authority may notify the person in charge of the home of its intention to conduct the inspection required by paragraph (2), but shall not do so with regard to any inspection pursuant to paragraph (3).
5
The registration authority shall consider the report of any inspection of the home conducted in accordance with this regulation when determining whether or not the registration of the home shall be reviewed or cancelled.
Cancellation of registration
29
An application under paragraph 4(1) of Schedule 6 to the Act (cancellation of registration) shall be made in writing and shall include —
a
particulars of the date on which the person carrying on the home wishes the cancellation of the registration of the home to take effect, being a date no earlier than one month after the date on which the application is made;
b
particulars of the action which he intends should be taken with regard to alternative accommodation for any child then accommodated in the home.
Change of person in charge
30
The responsible authority shall give at least one month’s prior notice in writing to the registration authority of any proposal to change the person in charge of a registered children’s home, giving the particulars mentioned in Schedule 6.
PART VII —
Notification of Particulars with respect to Voluntary Homes
Particulars on establishment of a voluntary home
31
1
The particulars set out in Schedule 7 are hereby prescribed as the particulars with respect to a voluntary home for the purpose of —
a
paragraph 6(1) of Schedule 5 to the Act (particulars to be sent to the Secretary of State within 3 months from the establishment after the commencement of the Act of a home); and
b
paragraph 6(2) of Schedule 5 to the Act (particulars to be sent to the Secretary of State annually).
2
The date prescribed for the purposes of paragraph 6(3) of Schedule 5 to the Act (by which particulars must be sent annually) is 3rd April.
PART VIII —
Local Authority Visits
Circumstances necessitating visits by Local Authorities
32
Every local authority shall arrange for one of their officers to visit every child who is accommodated within their area in a registered children’s home or in a voluntary home in any of the following circumstances and within the periods specified —
a
where they are informed that a child not in the care of, nor looked after by, any local authority has been placed in such accommodation, within 28 days of being so informed;
b
where the voluntary organisation or the person carrying on a registered children’s home providing such accommodation makes representations to the local authority that there are circumstances relating to the child which require a visit, within 14 days of receipt of those representations;
c
when they are informed that the welfare of a child may not be being safeguarded or promoted, within 7 days of being so informed.
Further visits
33
1
After a visit (“the first visit”) has been made under regulation 32, the local authority shall arrange for such further visits to the child by one of their officers as appear to them to be necessary, (whether in the light of a change of circumstances or not), and shall in any event arrange for the further visits provided for by paragraphs (2) to (3).
2
Where the local authority are satisfied following the first visit that the child’s welfare is being safeguarded and promoted they shall arrange for a further visit by one of their officers where the first visit was made in the circumstances specified in regulation 32(a), within 6 months of the first visit.
3
Where the local authority are not satisfied following the first visit that the child’s welfare is being safeguarded and promoted but have decided that the child should continue to reside in the same accommodation, they shall arrange for a further visit by one of their officers within 28 days of the first visit.
Requirements for visits
34
1
Every local authority shall ensure that in the course of visits to which regulations 32 and 33 refer an officer of the authority —
a
sees the child alone (unless exceptionally he considers it unnecessary);
b
reads all relevant case papers and records concerning the child kept by the voluntary organisation or the person carrying on the registered children’s home, and signs and dates them to indicate that he has seen them;
c
makes a written report of his visit which shall be copied to the voluntary organisation or person carrying on the registered children’s home.
2
The voluntary organisation or the person carrying on the home shall provide suitable accommodation for a visit made under regulation 32 or regulation 33.
PART IX —
Revocations
Revocation of Regulations
35
The following Regulations are revoked —
a
the Administration of Children’s Homes Regulations 1951 ;
b
the Community Homes Regulations 1972 ;
c
the Children’s Homes (Control and Discipline) Regulations 1990 .
Signed by authority of the Secretary of State for Health.
Virginia Bottomley
Minister of State,
Department of Health
30th June 1991


text:
1
The new highways which the Secretary of State proposes to construct —
a
along the route described in Schedule 1 (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, which connect the main new trunk road with other highways at the places stated in that Schedule (the highways along these routes being in this Order 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 that as respects any part of a highway which crosses the route of any of the new trunk roads that —
a
where a highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for through traffic.
4
In this Order —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the deposited plan” means the plan numbered HA10/2E/317 marked “The A41 London–Birmingham Trunk Road (Aston Clinton Bypass and Slip Roads) Order 1991”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the Trunk Road” means the London–Birmingham Trunk Road (A41); and
iii
“the new trunk roads” means the main new trunk road and the slip roads.
3
a reference to a numbered article or Schedule is a reference to the article in, or the Schedule to, this Order which bears that number.
5
This Order shall come into force on 31st October 1991 and may be cited as the A41 London–Birmingham Trunk Road (Aston Clinton Bypass and Slip Roads) Order 1991.
Signed by authority of the Secretary of State for Transport
Peter Emms
Regional Director Eastern Region, Departent of Transport
25th September 1991


text:
Citation and commencement
1
These Regulations may be cited as the Goods Vehicles (Plating and Testing) (Amendment) (No.1) Regulations 1991 and shall come into force on 18th March 1991.
Introduction
2
the Goods Vehicles (Plating and Testing) Regulations 1988 shall be further amended in accordance with the provisions of these Regulations.
Amendment to regulation 3 (interpretation)
3
In regulation 3(1) before the expression “examination” and the meaning assigned to it there shall be inserted the following:
“design gross weight” means —
in the case of a vehicle equipped with a Ministry plate, the weight shown thereon as the design weight or, if no weight is so shown thereon, the weight shown thereon as the weight not to be exceeded in Great Britain;
in the case of a vehicle which is not equipped aith a Ministry plate, but which is equipped with a plate in accordance with regulation 66 of the Construction and Use Regulations, the maximum gross weight shown on the plate in respect of item 7 of Part I of Schedule 8 to those Regulations; and
in any other case, the weight which the vehicle is designed or adapted not to exceed when in normal use and travelling on a road laden;
.
Amendment to regulation 4 (application)
4
In regulation 4(1), for subparagraph (c) there shall be substituted the following:
c
other motor cars, the design gross weight of which exceeds 3500 kilograms;
.
Amendments to regulation 8 (conditions of acceptance of vehicle)
5
In regulation 8(2), —
a
in sub-paragraph (h), for “of any directions” there shall be submitted “with any directions”; and
b
the word “or” immediately following sub-paragraph (m) shall be omitted and after sub-paragraph (n) there shall be added —
or;
o
on the submission of the vehicle foe a periodical test or a re-test following a periodical test, the Ministry plate issued in respect of the vehicle —
i
is not affixed in accordance with regulation 70(1) of the Construction and Use Regulations; or
ii
contains particulars which do not correspond to the vehicle to which it is affixed.
.
Amendment to regulation 16 (fees for re-tests)
6
In regulation 16(3)(c)(i), “20,” shall be omitted.
Amendment to regulation 35 (condition of acceptance of vehicles)
7
In regulation 35 for “derogate regulation 8” there shall be substituted “derogate from regulation 8”.
Amendments to Schedule 2 (Classes of vehicles to which the regulations do not apply)
8
In Schedule 2 —
a
for paragraph 13 there shall be substituted —
13
Living vans the design hgross weight of which does not exceed 3500 kilograms.
; and
b
after paragraph 18, there shall be inserted —
18A
Converter dollies used solely for the purposes of agriculture, horticulture and forestry, or for any one or two of those purposes
;
Amenmdments to Schedule 3 (the prescribed contruction and use regulations)
9
In paragraph 1 of Schedule 3 —
a
in Item 11 “and 36” shall be omitted; and
b
Items 17 and 20 shall be omitted.
Signed by authority of the Secretary of State for Transport
Christopher Chope
Parliamentary Under Secretary of State,
Department of Transport
13th February 1991


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Remuneration and Conditions of Service) Regulations 1991 and shall come into force on 1st April 1991.
2
In these Regulations, unless the context otherwise requires–
“the 1977 Act ” means the National Health Service Act 1977;
“authority” means a Regional or District Health Authority, a special health authority or a Family Health Services Authority ;
“conditions of service” does not include remuneration;
“direction” means a direction given by the Secretary of State in exercise of a power conferred by the 1977 Act;
“negotiations” in relation to a class of officer means negotiations taking place within a body recognised by the Secretary of State as being proper for the purposes of negotiating remuneration and conditions of service for that class of officer;
“officer” means an officer of an authority.
3
Where a minimum or a maximum remuneration is agreed and approved for a class of officer, or is determined for an officer or a class of officer, references in regulation 2 of these Regulations to an officer’s remuneration being that agreed and approved or that determined are to his remuneration being no less than any minimum remuneration, and no more than any maximum remuneration, applicable to his case.
Remuneration of officers
2
Subject to any directions, remuneration, whether or not paid out of money provided by Parliament–
a
of an officer who belongs to a class of officer in respect of which remuneration has been agreed in negotiations and approved by the Secretary of State, shall be the remuneration so agreed and approved;
b
of an officer for whom, or for whose class, the Secretary of State has determined remuneration not so agreed and approved, shall be the remuneration so determined.
Conditions of service of officers
3
Subject to any directions, the conditions of service–
a
of an officer who belongs to a class of officer in respect of which conditions of service have been agreed in negotiations and approved by the Secretary of State, shall include the conditions so agreed and approved;
b
of an officer for whom, or for whose class, the Secretary of State has determined any other conditions of service, shall include the conditions of service so determined, whether or not they also include conditions agreed in negotiations and approved by the Secretary of State.
Recognitions, approvals and determinations
4
1
Subject to paragraph 10(1B) of Schedule 5 to the 1977 Act (under which an approval or determination may not specify a date before that on which it is made if that would be to the detriment of the officers to whom it relates) an approval given or a determination made for the purposes of these Regulations shall have effect from the date specified in it.
2
The Secretary of State may revoke any recognition or approval given, or determination made, by him for the purposes of these Regulations, and accordingly for those purposes a body recognised by, or remuneration or a condition of service approved or determined by, the Secretary of State ceases to be so recognised, approved or determined when the revocation of the recognition, approval or determination takes effect.
Revocation
5
The National Health Service (Remuneration and Conditions of Service) Regulations 1974 are hereby revoked.
William Waldegrave
Secretary of State for Health
6th March 1991


text:
1
1
These Regulations may be cited as the Education (School Government) (Amendment) Regulations 1991 and shall come into force on 8th January 1992.
2
Any reference in these Regulations to a numbered regulation is a reference to the regulation so numbered of the Education (School Government) Regulations 1989 .
2
For regulation 5 and the heading thereto there shall be substituted the following regulation —
Disqualification from membership of more than two governing bodies
5
1
A person shall be disqualified for holding office as a governor of a school if, were he to be appointed or elected to that office, he would, on the date on which the appointment or election would have taken effect, be a member of the governing bodies of more than two schools:
Provided that this paragraph shall not have effect to disqualify a person for continuing to hold office as a governor of a school until the expiry of his term of office, if he was appointed or elected to that office before 8th January 1992.
2
A person who on 8th January 1992 is, or (by virtue of offices taken up after that date) becomes, an ex officio member of the governing bodies of more than two schools shall be disqualified for continuing to hold as such save —
a
such one or two of those bodies as may for the time being be designated by him for the purposes hereof by notice in writing given to the clerk to the governing body (or to each such governing body, as the case may be) so designated and to the clerk to each of any other governing body of which apart from this regulation he would otherwise have been an ex officio member; and
b
a governing body (not designated as aforesaid) of which he became an ex oficio member before 8th January 1992; so however that he shall cease to be qualified for continuing to hold office by virtue of this sub-paragraph after 31st August 1992.
3
A notice given under paragraph (2)(a) shall specify as the date from which it has effect a date not earlier than two months after the date of the notice.
4
Where a person —
a
is a temporary governor of a school by virtue of his having been appointed under a provision made by virtue of Schedule 2 to the 1986 Act; or
b
is a governor or temporary governor ex oficio;
he shall not be regarded for the purposes of paragraph (1) as being a member of more than two governing bodies by reason of his being such a governor.
5
Where a group of two or more schools have a single governing body by virtue of section 9 of the 1986 Act, that group shall be treated for the purposes of this regulation as if it were a single school.
.
3
In paragraph (3) of regulation 6 for “five” there shall be substituted the word “three”.
4
In paragraph (2) of regulation 8 for “twelve” there shall be substituted the word “six”.
5
In paragraph (3) of regulation 13 for the expression “three-quarters” there shall be substituted the expression “two-thirds”.
6
In regulation 20 there shall be substituted for the words “an aided or special agreement” the word “a”.
7
In paragraph (2) of regulation 25 after sub-paragraph (s) there shall be inserted the following sub-paragraph —
ss
paragraph 1(8) to (10) of Schedule 3 to the 1988 Act (which relates to the appointment by the governing body of a head teacher of deputy head teacher);
.
8
In regulation 26 —
a
in paragraph (3) after the words “Provided that” there shall be inserted the words “, subject to paragraph (6A),”; and
b
after paragraph (6) there shall be inserted the following paragraph —
6A
Where the governing body have delegated (whether in all or specified circumstances) the function imposed on them under section 42 of the 1986 Act (which relates to the use of school premises outside school hours) to a committee in accordance with regulation 25(1), the members of that committee who are not members of the governing body shall, if the governing body so determine, be entitled to vote in any proceedings of the committee concerning the exercise of that function.
.
Kenneth Clarke
Secretary of State for Education and Science
17th December 1991
David Hunt
Secretary of State for Wales
17th December 1991


text:
Citation and interpretation
1
1
This Order may be cited as the Companies Act 1989 (CommencementNo.10 and Saving Provisions) Order 1991.
2
In this Order and in the Schedule hereto —
a
“ the Act ” means the Companies Act 1989;
b
“insolvency proceedings” means proceedings of the kinds referred to in section 182(2) and(3) of the Act and also includes proceedings conducted by anadministrative receiver; and
c
references to insolvency proceedings having begun shall be construedin accordance with section 182(2) and (3) of the Act and, in the case ofproceedings conducted by an administrative receiver, shall mean the timeat which the administrative receiver was appointed.
Provisions of the Act brought into force by the Order
2
The provisions of the Companies Act 1989 specified in the firstcolumn of the Schedule to this Order shall come into force on 25th April1991 subject to the savings specified in article 3 of this Order.
Saving provisions
3
1
Section 157 of the Act shall not have effect in relation to aproposal made before the section comes into force.
2
Section 160 of the Act shall not impose a duty on any person whereinsolvency proceedings relating to the defaulter in question have begunbefore the section comes into force.
3
Section 166 of the Act shall not have effect to enable a directionto be given where insolvency proceedings relating to the person inquestion have begun before the section comes into force.
4
Sections 174(1) and 175 of the Act shall not have effect where therelevant insolvency proceedings have begun before the section comes intoforce.
5
Section 177 of the Act shall not have effect where the property isheld as margin at the time the section comes into force.
6
Section 179 of the Act shall not have effect where the property issubject to the relevant market charge at the time the section comes intoforce.
7
Section 180 of the Act shall not have effect to prevent the continuation of any execution or other legal process commenced, or the continued levying of any distress begun, before the section comes into force.
John Redwood
Minister of State,
Department of Trade and Industry
27th March 1991