text:
1
This Order may be cited as the Sunderland (Castletown and Doxford Park) Enterprise Zones (Designation) Order 1990 and shall come into force on 27th April 1990.
2
In this Order, “the deposited map” means the set of maps, numbered 1 and 2, marked “Map referred to in the Sunderland (Castletown and Doxford Park) Enterprise Zones (Designation) Order 1990” prepared in duplicate and signed by an Under Secretary in the Department of the Environment, of which one duplicate has been deposited and is available for inspection at the principal offices of Sunderland Borough Council and the other duplicate has been deposited and is available for inspection at the offices of the Secretary of State for the Environment.
3
1
The areas to which the Sunderland No. 2 – Castletown and the Sunderland No. 3 – Doxford Park Enterprise Zone Schemes relate and which are shown and marked as such on the deposited map are hereby designated as enterprise zones.
2
The boundaries of each of the said enterprise zones are represented on the deposited map by the outside edge of the black line edged internally with a single stippled band.
4
Designation under article 3 of this Order shall take effect on 27th April 1990 and the designated areas shall remain enterprise zones for a period of 10 years from that date.
5
The Sunderland Borough Council is hereby designated as the enterprise zone authority for the Sunderland No. 2 – Castletown and the Sunderland No. 3 – Doxford Park Enterprise Zones.
Chris Patten
Secretary of State for the Environment
26th March 1990
We consent,
Kenneth Carlisle
John Taylor
Two of the Lords Commissioners of Her Majesty’s Treasury
27th March 1990


type: legislation

jurisdiction: UK

text:
1
These Regulations may be cited as the Merchant Shipping (BCH Code) (Amendment) Regulations 1990 and shall come into force on 1st January 1991.
2
The Merchant Shipping (BCH Code) Regulations 1987 are hereby amended as follows:
i
in regulation 1(2) —
a
amend the definition of “1974 SOLAS Convention” by adding at the end “and as further amended by amendments adopted on 21st April and 28th October 1988 and 11th April 1989 by the Maritime Safety Committee of the International Maritime Organization”;
b
in the definition of “Annex II ” after “5th December 1985” add “and on 17th March 1989”;
c
in the definition of “BCH Code” replace “(1986 Edition)” by “(1990 Edition)”;
d
in the definition of “Control of Pollution by Noxious Liquid Substances Regulations” after “1987 ” add “as amended”;
e
amend the definition of “ MARPOL 1973/8” by adding at the end “and as further amended by amendments adopted on 17th March 1989 by Marine Environment Protection Committee of the International Maritime Organization”;
ii
in regulation 2(3) add after “Merchant Shipping (IBC Code) Regulations 1987” add “as amended” ;
iii
in regulation 11 after “the Merchant Shipping (BCH Code) Regulations 1987” add “as amended”;
iv
in the schedule in Tables 1 and 2 in the heading to Column 1 for “(1986 Edition)” substitute “(1990 Edition)”.
Signed by authority of the Secretary of State for Transport
Patrick McLoughlin
Parliamentary Under Secretary of State,
Department of Transport
19th December 1990


text:
Title, commencement and interpretation
1
1
These Regulations may be cited as the Agricultural Levies (Terms of Payment) Regulations 1990 and shall come into force on 1st July 1990.
2
In these Regulations —
“amount of duty” means an amount of export duties resulting from a customs debt;
“the Board” means the Intervention Board for Agricultural Produce established under section 6 of the European Communities Act 1972;
“the Council Regulation” means Council Regulation ( EEC ) No. 1854/89 on the entry in the accounts and terms of payment of the amounts of the import duties or export duties resulting from a customs debt ;
“the specified rate” means the rate of one percentage point above the sterling three month London interbank offered rate.
3
Other expressions used in these Regulations have, insofar as the context admits, the same meanings as in the Council Regulation.
4
In these Regulations any reference to a numbered Article is a reference to the Article so numbered in the Council Regulation.
Payment of duties
2
An amount of duty communicated to the person liable for its payment in accordance with Article 6 which has not been paid by that person to the Board —
a
within the period of ten days following the communication to him of that amount; or
b
before the expiry of any time limit set in connection with the granting of payment facilities in accordance with Articles 10 to 15
shall be recoverable from that person by the Board as a civil debt.
Payment of interest on the grant of payment facilities
3
In accordance with Article 19 any person to whom the Board grants payment facilities other than deferred payment in accordance with Article 15 shall be liable to pay in respect of each day of the period for which those facilities are granted interest on the amount of duty to which they relate calculated —
a
in respect of any day of the month in which the facilities were granted; or
b
in respect of any day of any subsequent month to which those facilities extend
at the specified rate on the first working day of that month.
Payment of interest on arrears
4
In accordance with Article 19 any person who has not paid to the Board on or before the date on which payment became due any amount of duty shall be liable to pay in respect of each day on which that amount is owed to the Board interest thereon calculated —
a
in respect of any day of the month in which payment of the amount became due; or
b
in respect of any day of any subsequent month in which the amount remains unpaid
at the specified rate on the first working day of that month.
Recovery of interest
5
Any amount of interest due from any person shall be recoverable by the Board as a civil debt.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 4th June 1990.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
5th June 1990


text:
Title and commencement
1
This Order may be cited as the Tuberculosis (England and Wales) (Amendment) Order 1990 and shall come into force on 15th October 1990.
Amendment
2
The Tuberculosis (England and Wales) Order 1984 shall be amended as follows —
a
article 16 (identification of bovine animals) and article 17 (restriction on the sale of unidentified bovine animals in markets) shall be omitted; and
b
in paragraph (3) of article 18 (marking of bovine animals) the words “or in article 16(1) above” shall be omitted.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 18th September 1990.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
12th September 1990
David Hunt
Secretary of State for Wales


text:
Citation and commencement
1
These Regulations may be cited as the Local Government Superannuation (Investments) Regulations 1990 and shall come into force on 31st December 1990.
2
1
Regulation P3 of the Local Government Superannuation Regulations 1986 (use and investment of superannuation fund’s moneys) shall be amended as follows.
2
In paragraph (4), at the end of sub-paragraph (b), there shall be inserted the words “so as to result in more than 20% of that value being represented by investments in units or other shares of the investments subject to the trusts of unit trust schemes managed by any one body, or”.
3
For paragraph (6) there shall be substituted the following paragraphs–
5A
Subject to paragraph (5B), an administering authority may appoint one or more investment managers to manage and invest fund moneys on their behalf.
5B
An administering authority shall not make an appointment under paragraph (5A) unless–
a
they have considered the value of the fund moneys to be managed by the investment manager or, as the case may be, by each of the investment managers to be appointed, and are satisfied that it will not be excessive, having regard to proper advice, to the desirability of securing diversification of the management of the fund, and to the value of the assets of the fund; and
b
the terms of the appointment–
i
provide for the appointment to be terminable by not more than 1 month’s notice given by the administering authority,
ii
require the investment manager to provide the administering author ity at least once every 3 months with a report setting out the action he has taken under the appointment;
iii
require the investment manager to comply with such instructions as the administering authority may give;
iv
require the investment manager to have regard to the need for diversification of investments of fund moneys, and to the suitability of investments of any description of investment which he proposes to make and of any investment proposed as an investment of that description;
v
prohibit the investment manager from making investments which would contravene paragraph (4).
5C
Where an administering authority have made an appointment under paragraph (5A) they shall, at least once every 3 months, review the investments made by the investment manager and from time to time consider the desirability of continuing or terminating the appointment.
6
In the discharge of their functions under paragraph (1) an administering authority shall have regard–
a
to the need for diversification of investments of fund moneys, and
b
to the suitability of investments of any description of investment which they propose to make and of any investment proposed as an investment of that description, and
c
to proper advice, obtained at reasonable intervals.
6A
Where an administering authority appoint an investment manager under paragraph (5A) they shall have regard–
a
in determining the terms of the appointment, to proper advice, and
b
in exercising their functions under paragraph (5C)–
i
to the need for diversification of investments of fund moneys,
ii
to the suitability of investments of any description of investment which the investment manager has made and of any investment made as an investment of that description, and
iii
to proper advice.
.
4
In paragraph (10)–
a
after the definition of “companies”, there shall be inserted the following–
“investment manager” means a person–
who is authorised under the Financial Services Act 1986 and entitled by virtue of that authorisation to manage the assets of occupational pension schemes; or
who–
does not transact investment business (within the meaning of that Act) from a permanent place of business maintained by him in the United Kingdom and whose head office is situated in a member State other than the United Kingdom;
is recognised by the law of that member State as a national of that or another member State; and
is for the time being authorised under that law to engage in one or more of the activities falling within Part II of Schedule 1 to that Act, and is not precluded by that law from managing the assets of occupational pension schemes or assets belong ing to another person,
and who is reasonably believed by the administering authority to be suitably qualified by his ability in and practical experience of financial matters to make investment decisions on their behalf, but who is not an employee of that authority.
;
b
in the definition of “single holding”, there shall be substituted for sub-paragraph (a) the following:
a
in securities of, or in loans to or deposits with, any one body, other than investments in unit trust schemes, or
aa
in units or other shares of the investments subject to the trusts of any one unit trust scheme, or
.
Signed by authority of the Secretary of State
Michael Portillo
Minister of State,
Department of the Environment
7th December 1990


text:
1
This Order may be cited as the Combined Probation Areas (Hertfordshire) Order 1990 and shall come into force on 1st April 1990.
2
That part of Schedule 2 to the Combined Probation Areas Order 1986 which relates to the Hertfordshire Probation Committee shall be amended by —
a
omitting the entries in respect of the petty sessions areas of Hatfield and Welwyn; and
b
inserting in alphabetical order in column 1 “Mid Hertfordshire” and corresponding to that in column 3 “3”.
3
The justices appointed to be members of the Hertfordshire Probation Committee by the justices for the petty sessional divisions of Hatfield and Welwyn in each case before the abolition of the said petty sessional divisions and their reconstitution to form the new division of Mid Hertfordshire, shall continue to hold office as members of the Committee as if they had been appointed by the justices for the new division of Mid Hertfordshire, until 30th November 1992 and shall then cease to hold office but shall be eligible for re-appointment.
David Waddington
One of Her Majesty’s Principal Secretaries of State
Home Office
30th March 1990


text:
Citation and commencement
1
This Order may be cited as the National Health Service (District Health Authorities) Order 1990 and shall come into force on 17th September 1990.
Interpretation
2
In this Order:
“ Authority ” means a District Health Authority;
“the Determination of Districts Order ” means the National Health Service (Determination of Districts) Order 1981 ;
“district” means a district specified in Schedule 1 or Schedule 2 to the Determina tion of Districts Order.
Continuation of Authorities in England
3
1
Each Authority, other than Bloomsbury and Islington Health Authority, specified in accordance with paragraph 2 of this Article in column (2) of Schedule 1 to this Order (Authorities in England) shall continue to be established as the Authority for the district specified in relation to it in column (1) of that Schedule and be known by the name by which it is specified in column (2) of that Schedule.
2
Schedule 1 to this Order is divided into 14 Parts, each numbered Part corresponding with the number of a region specified in the National Health Service (Determination of Regions) Order 1981 and each Authority specified in that Schedule is specified in the Part of that Schedule which corresponds with the number of the region in which the district of the Authority in question is situated.
Continuation of Authorities in Wales
4
Each Authority specified in column (2) of Schedule 2 to this Order (Authorities in Wales) shall continue to be the Authority for the district in Wales specified in relation to it in column (1) of that Schedule.
Abolition of Authorities
5
The Authorities known as Bloomsbury Health Authority and Islington Health Authority are hereby abolished.
Establishment and name of new Authority
6
There is hereby established as the Authority for the district specified in relation to it in column (1) of Part 6 of Schedule 1 to this Order an Authority which shall be known by the name of “Bloomsbury and Islington Health Authority”.
Revocation and saving
7
1
The Orders specified in Schedule 3 to this Order are hereby revoked.
2
Any reference in a document to the name of an Area Health Authority which was constituted as the Authority for a district by virtue of article 3(2) or (3) of the National Health Service (Constitution of District Health Authorities) Order 1981 shall be construed as a reference to the name given to that Authority by that Order and continued by this Order.
Signed by authority of the Secretary of State for Health.
Stephen Dorrell
Parliamentary Under Secretary of State,
Department of Health
23rd August 1990
David Hunt
Secretary of State for Wales
23rd August 1990


text:
Title and commencement
1
These Regulations may be cited as the Quick-frozen Foodstuffs Regulations 1990 and shall come into force on 10th January 1991.
Interpretation and scope
2
1
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Food Safety Act 1990;
“catering establishment” has the meaning which it bears in the Food Labelling Regulations 1984 ;
“prepackaging” shall be construed in accordance with the definition of “prepacked” in the Food Labelling Regulations 1984;
“quick-frozen foodstuff” means a product —
comprising food which has undergone a freezing process known as “quick-freezing” whereby the zone of maximum crystallisation is crossed as rapidly as possible, depending on the type of product, and
which is labelled for the purpose of sale to indicate that it has undergone that process,
but shall not include ice-cream or any other edible ice; and
“ultimate consumer” has the meaning which it bears in the Food Labelling Regulations 1984.
2
These Regulations do not apply to any food —
a
which is not intended for sale for human consumption;
b
which is supplied under government contracts for consumption by Her Majesty’s Forces or supplied for consumption by a visiting force; or
c
which is supplied by the service authorities of a visiting force and to a headquarters or to members of such a force or headquarters or to property held or used by such force or headquarters.
3
For the purposes of paragraph (2) above —
a
“visiting force” (for the purpose of sub-paragraph (b)) and “service authority” (for the purpose of sub-paragraph (c)) shall have the meanings assigned to them, for the purposes of any provision in Part I of the Visiting Forces Act 1952 , by section 12 of that Act;
b
“visiting force” and “headquarters” shall for the purpose of sub-paragraph (c) have the meanings assigned to them by article 3(2) of the Visiting Forces and International Headquarters (Application of Law) Order 1965 .
Sale of quick-frozen foodstuffs
3
No person shall sell for human consumption a quick-frozen foodstuff unless it fulfils the conditions set out in the Schedule to these Regulations.
Packaging of quick-frozen foodstuffs intended for supply to the ultimate consumer
4
No person shall sell any quick-frozen foodstuff to the ultimate consumer unless —
a
it has been packed by its manufacturer or packer in such prepackaging as is suitable to protect it from microbial and other forms of external contamination and against dehydration, and
b
the quick-frozen foodstuff has remained in such prepackaging up to the time of sale.
Labelling of quick-frozen foodstuffs
5
1
The description “quick-frozen” or any other description listed in Article 8.1(a) of Council Directive 89/108/ EEC shall not be used in the labelling for the purpose of sale of any food other than —
a
a quick-frozen foodstuff,
b
a food which by virtue of that labelling becomes a quick-frozen foodstuff.
2
A quick-frozen foodstuff intended for supply, without further processing, to the ultimate consumer or to a catering establishment shall, in addition to the description “quick-frozen” (and, as the intending supplier may see fit, any other description listed in Article 8.1(a) of Council Directive 89/108/EEC ) added to its sales name, be marked or labelled on its packaging, container or wrapping, or on a label attached thereto with —
a
an indication of the date of minimum durability;
b
an indication of the maximum period during which it is advisable to store it;
c
an indication of one or other, or both, of —
i
the temperature at which, and
ii
the equipment in which,
it is advisable to store it;
d
a reference allowing identification of the batch to which it belongs;
e
a clear message of the type “do not refreeze after defrosting”.
3
Any other quick-frozen foodstuff shall, in addition to the description “quick-frozen” (and, as the supplier may see fit, any other description listed in Article 8.1(a) of Council Directive 89/108/EEC ) added to its sales name, be marked or labelled on its packaging, container or wrapping, or on a label attached thereto with —
a
a reference allowing identification of the batch to which it belongs;
b
the name or business name and address of the manufacturer or packer, or of a seller established within the European Economic Community.
4
No person shall sell any food to the ultimate consumer or any catering establishment where its labelling or marking contravenes paragraph (1) or (2) of this regulation, and no person shall sell it to any other person where its labelling or marking contravenes paragraph (1) or (3) of this regulation.
Equipment
6
Each manufacturer, storer, transporter, local distributor and retailer of any quick-frozen foodstuff intended by him for sale for human consumption shall ensure during each stage during which such foodstuff is within his care and control that the equipment used in respect of that foodstuff is such as to ensure that no act or omission on his part would cause a sale of the foodstuff for human consumption to contravene these Regulations.
Penalties and enforcement
7
1
If any person contravenes or fails to comply with any of the foregoing provisions of these Regulations he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
2
Each food authority shall enforce and execute these Regulations within its area.
3
In this regulation “food authority” does not include the appropriate treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and the Middle Temple).
Application of various provisions of the Food Safety Act 1990
8
The following provisions of the Act shall apply for the purposes of these Regulations as they apply for the purposes of section 8, 14 or 15 of the Act and, unless the context otherwise requires, any reference in them to the Act shall be construed for the purposes of these Regulations as a reference to these Regulations —
a
section 2 (extended meaning of “sale” etc. );
b
section 3 (presumption that food is intended for human consumption);
c
section 20 (offences due to fault of another person);
d
section 21 (defence of due diligence);
e
section 30(8) (which relates to documentary evidence);
f
ection 33 (obstruction etc. of officers);
g
section 36 (offences by bodies corporate);
h
section 44 (protection of officers acting in good faith);
i
ection 58(1) (which relates to territorial waters).
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 19th December 1990.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Stephen Dorrell
Parliamentary Under Secretary of State for Health
19th December 1990
David Hunt
Secretary of State for Wales
19th December 1990
Strathclyde
Parliamentary Under Secretary of State, Scottish Office
18th December 1990


text:
1
These Regulations may be cited as the Motor Vehicles (Tests) (Amendment) (No. 2) Regulations 1990 and shall come into force on 2nd April 1990.
2
The Motor Vehicles (Tests) Regulations 1981 shall be further amended in accordance with the provisions of these Regulations.
3
In regulation 20(4) in the Table for “£17.75” there shall be substituted “£18.75”.
Signed by authority of the Secretary of State for Transport
Robert Atkins
Parliamentary Under Secretary of State,
Department of Transport
14th March 1990


text:
1
The length of the trunk road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road and shall be classified as a classified road as from the date on which the Secretary of State notifies the County Council of West Sussex that the new trunk roads are open for through traffic.
2
In this Order: —
i
all measurements of distance are measured along the route of the relevant highway;
ii
“classified road”
as a classification for a highway, means the highway is not a principal road for the purposes of enactments or instruments, which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
iii
“the deposited plan”
means the plan numbered RSE A27/4C/65/10/2, marked “The A27 Trunk Road (Crossbush Bypass Detrunking) Order 1990”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London, SW1P 3PY;
iv
“the new trunk roads”
means the highways mentioned respectively in article of the A27 Trunk Road (Crossbush Bypass) Order 1990 and article 1 of the A27 Trunk Road (Crossbush Bypass Slip Roads) Order 1990 , and
v
“the trunk road”
means the Folkestone–Honiton Trunk Road (A27).
3
This Order shall come into force on 1st January 1991 and may be cited as the A27 Trunk Road (Crossbush Bypass Detrunking) Order 1990.
Signed by authority of the Secretary of State for Transport
J. W. Fellows
Regional Director South East Region
Department of Transport
15th November 1990


text:
PART I
Citation, commencement and interpretation
1
1
This Order, which supersedes the Land Registration Fee Order 1990 , may be cited as the Land Registration Fees (No. 2) Order 1990 and shall come into force on 3rd December 1990.
2
In this Order unless the context otherwise requires:
“account holder” means a person or firm holding a credit account;
“ the Act ” means the Land Registration Act 1925;
“charge” includes sub-charge;
“credit account” means an account authorised by the Registrar under article 15(1);
“licensed conveyancer” has the same meaning as in section 1l(2) of the Administration of Justice Act 1985 and includes a recognised body within the meaning of section 32(2) of that Act;
“monetary consideration” means a consideration in money or money’s worth (other than a nominal consideration or a consideration solely of a covenant to pay money owing under a mortgage);
“the principal rules” means the Land Registration Rules 1925 ;
“scale fee” means a fee payable in accordance with a scale set out in Schedule 1 or 2;
“Schedule” means a Schedule to this Order;
“share in registered land” means a share in the proceeds of sale of registered land held on trust for sale.
PART II
SCALE AND FIXED FEES; ABATEMENTS AND EXEMPTIONS
Scale fees
2
1
Subject to article 6(1), the fee for an application for the first registration of a title (other than an application by an original lessee referred to in paragraph (2) of this article or an owner of a rentcharge referred to in paragraph (5) of Part I of Schedule 3) shall be paid in accordance with Scale A in Schedule 1 on the value of the land determined in accordance with article 3.
2
Subject to article 6, the fee for an application for the first registration of a title to a lease (whether or not deriving from a registered freehold or leasehold title) by the original lessee or his personal representative shall be paid in accordance with Scale A in Schedule 1 on any money payment made by the lessee as part of the same transaction by way of fine, premium or otherwise and in accordance with Scale B in Schedule 2 on the largest ascertainable amount of annual rent reserved:
Provided that —
a
where the amount of the rent is not ascertainable at the date of application for registration, the lease shall be treated as having been granted at a rent which attracts a fee of £30 in accordance with Scale B in Schedule 2;
b
where no money payment is made by the lessee as part of the same transaction by way of fine, premium or otherwise and no annual rent is reserved or the largest ascertainable amount of annual rent reserved is less than £1 a fee of £30 shall be payable.
3
Subject to paragraph (5)(i) and to article 6(3), the fee for an application for the registration of:
a
a transfer of registered land or of a registered charge for monetary consideration;
b
a transfer for the purpose of giving effect to the disposition for monetary consideration of a share in registered land or in a registered charge;
c
a surrender of a registered lease for monetary consideration (whether effected by deed or otherwise), except where the surrender is consideration or part consideration for the grant of a new lease to the registered proprietor for the registration of which a scale fee is paid;
shall be paid in accordance with Scale A in Schedule 1 on the amount or value of the consideration:
Provided that, where a sale and sub-sale of land are effected by one instrument of transfer, the fee shall be assessed upon the consideration paid by the sub-purchaser in respect of that land.
4
The fee for an application in relation to registered land for the registration of:
a
an exchange (whether or not money is paid for equality);
b
a vesting order or declaration made under section 47 of the Act;
shall be paid in accordance with Scale A in Schedule 1 on the value of the land which is the subject of the dealing, determined in accordance with article 4, but after deducting therefrom the amount secured upon the land by any prior charge.
5
Subject to paragraph (7) of Part II of Schedule 4, the fee for an application for the registration of:
a
a transfer of registered land otherwise than for monetary consideration;
b
a transfer for the purpose of giving effect to the disposition otherwise than for monetary consideration of a share in registered land;
c
a surrender of a registered lease (whether effected by deed or otherwise) where the surrender is consideration or part consideration for the grant of a new lease to the registered proprietor for the registration of which a scale fee is paid;
d
a surrender of a registered lease otherwise than for monetary consideration (whether effected by deed or otherwise);
e
a transmission of registered land on death or bankruptcy;
f
an assent of registered land (including a vesting assent);
g
an appropriation of registered land;
h
a rectification of the register;
i
a transfer of a matrimonial home (being registered land) made pursuant to an order of the Court
shall be paid in accordance with Scale A in Schedule 1, reduced in accordance with Abatement 2 in Part I of Schedule 4, on the value of the land in each registered title which is the subject of the dealing, determined in accordance with article 4, but after deducting therefrom the amount secured upon the land by any prior charge:
Provided that —
a
in the case of a disposition of a share only in registered land the fee shall be paid in accordance with Scale A in Schedule 1, reduced in accordance with Abatement 2 in Part I of Schedule 4, on the equivalent proportion of the value of the land in each registered title which is the subject of the dealing but after deducting therefrom an equivalent proportion of the amount secured on the land by any prior charge;
b
where, in the case of rectification of the register, the fee appears to the Registrar to be unreasonable or excessive he may reduce or waive it.
6
Subject to article 6(3) and paragraph (7) of Part II of Schedule 4, the fee for an application for the registration of:
a
a charge;
b
the transfer of a charge otherwise that for monetary consideration;
c
a transfer for the purpose of giving effect to the disposition otherwise than for monetary consideration of a share in a registered charge;
shall be paid in accordance with Scale A in Schedule 1, reduced where applicable in accordance with Abatement 2 in Part I of Schedule 4, on the amount of the charge determined in accordance with article 5:
Provided that in the case of a disposition of a share only in a registered charge the fee shall be paid in accordance with Scale A in Schedule 1 on the equivalent proportion of the amount of each registered charge which is the subject of the dealing.
7
The fee for an application to cancel an entry in the register of notice of an unregistered lease which has determined on merger, surrender or otherwise shall be paid in accordance with Scale A in Schedule 1 on the value thereof at the time of its determination.
Valuation (first registration)
3
1
In the case of an application by a purchaser for the first registration of title to land made within one year of a sale (other than an exchange, whether or not money is paid for equality, or the sale of a share only in the proceeds of sale of such land) the value of the land shall be taken as the amount of the purchase money together with the amount outstanding at the time of the purchase under any charge or mortgage subject to which the land was purchased.
2
In the case of an application for first registration not falling within paragraph (1), the value of the land shall be ascertained by the Registrar at such sum as in his opinion the land would fetch if sold in the open market at the date of the application free from any charge or mortgage; and as evidence of such value the Registrar may require a statement in writing, signed by the applicant or his solicitor or licensed conveyancer or by any other person who, in the Registrar’s opinion, is competent to make such a statement.
3
Where an application for first registration is made on the purchase of a leasehold estate by the reversioner or of a reversion by the leaseholder or on any other like occasion and determination of an unregistered interest, by way of merger, surrender or otherwise, takes place, the value of the land shall be the combined value of the reversionary and determined interests assessed in accordance with paragraphs (1) and (2).
Valuation (registered land)
4
1
Where the value of the land in a registered title falls to be determined under this Order it shall be ascertained by the Registrar at such sum as in his opinion the land would fetch if sold in the open market free from any charge or mortgage:
a
in the case of a surrender at a date immediately prior to the surrender;
b
in any other case at the date of the application.
2
As evidence of such value the Registrar may require a statement in writing, signed by the applicant or his solicitor or licensed conveyancer or by any other person who, in the Registrar’s opinion, is competent to make such a statement.
Valuation (charges)
5
1
Subject to paragraph (5), where the amount of a charge falls to be determined under this Order it shall be taken to be:
a
in the case of a fixed charge, the amount secured by the charge;
b
in the case of a charge to secure further advances, where the total amount of the advances or of the money to be owing at any one time is in any way limited, the amount so limited;
c
in the case of a charge to secure further advances, where the total amount of the advances or of the money to be owing at any one time is in no way limited, an amount equal to the value of the registered land comprised in the charge after deducting therefrom the amount secured on it by any prior registered charge.
2
Where a charge of a kind referred to in paragraph (1)(a) or (1)(b) is secured on unregistered land or other property as well as on registered land, the fee in accordance with article 2(6) shall be payable on an amount calculated in accordance with the following formula:
Value of whole security Value of whole security × Amount of the charge
3
The fee in accordance with Scale A in Schedule 1 for the registration of a charge by way of additional or substituted security or by way of guarantee shall be payable on the lesser of:
a
the amount secured or guaranteed; or
b
the value of the land after deducting the amount secured on the land by any prior registered charge.
4
The fee in accordance with Scale A in Schedule 1 for the registration of a charge (not falling within paragraph (3)) to secure an obligation or liability which is contingent upon the happening of a future event shall be payable on the value of the land after deducting the amount secured on the land by any prior registered charge:
Provided that if the maximum amount or value of the obligation or liability which may arise is in any way limited under the charge and is capable of being ascertained at the time of the application to register the charge then the fee shall be payable on that amount or value, if less than the value of the land after deducting the amount secured on the land by any prior registered charge.
5
For the purpose of this Order, where two or more charges are contained in the same instrument and secure the same debt, the charge or, or each of the several chargors if more than one, shall be treated as having effected a single charge the amount of which is equal to the lesser of:
a
the whole debt; or
b
the value of the registered land charged by the chargor after deducting therefrom the amount secured on it by any prior registered charge.
Large scale applications
6
1
Where an application for:
a
first registration of title to land; or
b
first registration of title to a lease of unregistered land;
relates to a title or lease comprising not fewer than 50 separate areas of land the fee payable in respect of such application shall be either £15 in respect of each such separate area of land or the amount payable under article 2, whichever is the greater.
2
For the purpose of paragraph (1) any land occupied together with a dwelling or a commercial or industrial unit shall be treated as forming part of the same separate area of land as that dwelling or commercial or industrial unit.
3
Where an application for:
a
first registration of title to a lease of registered land;
b
registration of a transfer of registered land or of a registered charge for monetary consideration;
c
registration of a transfer for the purpose of giving effect to the disposition for monetary consideration of a share in registered land or in a registered charge; or
d
registration of a charge;
relates to land comprised in not fewer than 50 registered titles the fee payable in respect of such application shall be either £15 in respect of each such title or the amount payable under article 2, whichever is the greater.
4
Where an application for first registration of title to a lease relates to both unregistered and registered land, and the sum of the number of separate areas of unregistered land and the number of registered titles affected is not fewer than 50, the fee payable in respect of such application shall be either £15 in respect of each such separate area of unregistered land or registered title (as the case may be), or the amount payable under article 2, whichever is the greater.
Fixed fees
7
1
Subject to paragraphs (3) and (4), the fees for the applications and services specified in Schedule 3 shall be those set out in that schedule.
2
The fee for an application in Form 112A or Form 112B in Schedule 1 to the Land Registration (Open Register) Rules 1990 shall be the aggregate of the fees payable for the services provided, save that the maximum fee for any one application shall be £150.
3
The Registrar may, if he thinks fit, waive any fee or part of a fee or any category of fee payable under this article.
4
If, having regard to the extent of the land to which an application for a search of the index map relates, the Registrar considers that the cost of the work involved in dealing with that application would substantially exceed any fee otherwise payable under this Order, such additional fee shall be payable as the Registrar shall direct as appropriate to cover the excess cost of the work involved.
5
Notification of the additional fee shall be given to the applicant and, if he then elects to withdraw his application, no fee shall be payable.
Abatements and exemptions
8
1
The abatements set out in Part I of Schedule 4 shall apply in respect of the applications therein mentioned.
2
No fee shall be payable in respect of any of the applications and services specified in Part II of Schedule 4.
PART III
GENERAL AND ADMINISTRATIVE PROVISIONS
Refund of fees
9
1
Where an amount exceeding the prescribed fee has been paid, there shall be refunded any excess remaining after the deduction, if the Registrar so directs, of an amount not exceeding £10 in respect of the cost of repayment.
2
Where the person or firm lodging the application is an account holder, any amount to be refunded under paragraph (1) may at the discretion of the Registrar be repaid to the account holder by crediting the amount to the account holder’s credit account.
3
Subject to article 7(5), if any application is cancelled or withdrawn no part of the fee therefor shall be refunded unless the Registrar so directs.
Cost of advertisements and special enquiries
10
If in the course of dealing with any application, the Registrar directs publication of an advertisement or any special enquiry, the costs so incurred shall be defrayed by the applicant unless the Registrar directs to the contrary.
Fixed boundaries
11
Where application is made for the boundaries of land to be noted on the register as fixed under rule 277 of the principal rules such fee shall be charged as the Registrar may consider necessary to cover the cost of any examination of title, enquiries, mapping, surveying, notices or other work involved.
Special expedition
12
Where application for special expedition in connection with an application is granted, such further fee, being not less than £30, shall be payable as the Registrar shall direct having regard to the special work involved.
Applications not otherwise referred to
13
Upon an application for which no other fee is payable under this Order and which is not exempt from payment, there shall be paid such fee (if any) not exceeding a fee in accordance with Scale A in Schedule 1 on the value of the land or on the amount of the charge as the Registrar shall direct having regard to the work involved.
Method of payment
14
Subject to article 15:
a
every fee shall be paid by means of a cheque or postal order crossed and made payable to H.M. Land Registry;
b
where the amount of a fee payable on an application is immediately ascertainable, the fee shall be paid on delivery of the application;
c
where the amount of a fee payable on an application is not immediately ascertainable, on delivery of the application there shall be paid on account of the fee such sum, being not less than the minimum fee payable in accordance with Scale A in Schedule 1, as the applicant may reasonably estimate to be the fee payable and there shall be lodged therewith an undertaking to pay on demand the balance of the fee due, if any.
Credit accounts
15
1
Any person or firm may, if authorised by the Registrar, use a credit account in accordance with this article for the purpose of the payment of fees for applications and services of such kind as the Registrar shall from time to time direct.
2
Where an account holder makes an application in respect of which credit facilities are available, he may make a request, in such manner as the Registrar shall direct, for the appropriate fee to be debited to the account holder’s credit account.
3
When a person or firm having a credit account makes a written application in respect of which credit facilities are available but which is not accompanied by any fee and does not contain a request for the fee to be debited to that account, the Registrar may, if he thinks fit, nevertheless accept the application and debit the fee to that person’s or that firm’s account.
4
A statement of account shall be sent by the Registrar to each account holder at the end of each calendar month or such other period as the Registrar shall direct either in any particular case or generally.
5
On receipt of the statement and if no question arises thereon the account holder shall pay by cheque any sum due on his account forthwith.
6
Cheques shall be crossed and made payable to H.M. Land Registry and sent to the Accounts Section, H.M. Land Registry, Burrington Way, Plymouth, PL5 3LP or at such other address as the Registrar shall direct.
7
The Registrar may at any time and without giving reasons terminate or suspend any or all authorisations given under paragraph (1).
Mackay of Clashfern, C.
Dated 27th September 1990
We concur
John Major
Thomas Sackville
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 15th October 1990


text:
1
This Order may be cited as the Public Telecommunication System Designation (South Yorkshire Cablevision Limited) (the Boroughs of Doncaster and Rotherham) Order 1990 and shall come into force on 9th January 1991.
2
Each of the Applicable Cabled Systems is hereby designated as a public telecommunication system.
John Redwood
Minister of State,
Department of Trade and Industry
6th December 1990


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Classification, Packaging and Labelling of Dangerous Substances (Amendment) Regulations 1990 and shall come into force on 18th July 1990.
2
In these Regulations “the principal Regulations ” means the Classification, Packaging and Labelling of Dangerous Substances Regulations 1984 .
Amendments to the principal Regulations
2
The principal Regulations shall be amended in accordance with the Schedule to these Regulations.
Transitional provision
3
1
Until 18th September 1990 it shall be a sufficient compliance with the principal Regulations if a substance is classified and labelled in accordance with the list approved by the Health and Safety Commission on 9th February 1988 entitled “Information Approved for the Classification, Packaging and Labelling of Dangerous Substances (2nd Edition)” as revised by the document approved by the Health and Safety Commission on 25th April 1989 and entitled “Revision No. 1 to the Approved List (Information Approved for the Classification, Packaging and Labelling of Dangerous Substances (2nd Edition))”.
2
In any proceedings for an offence under the principal Regulations consisting of supplying or conveying by road before 18th March 1991 a dangerous substance in a receptacle or package, with a capacity of 25 litres or less, which does not comply with the requirements of those Regulations, it shall be a defence for the person charged to prove —
a
that if the substance had been supplied or, as the case may be, had been conveyed by road before 18th September 1990 no offence would have been committed;
b
that the substance was packaged and labelled before 18th September 1990 and had not been removed from the receptacle or the package, as the case may be, after that date; and
c
that it was not reasonably practicable either —
i
to re-label or re-package the substance before it was supplied, or conveyed by road, or
ii
to supply it or convey it by road on a date earlier than it was in fact supplied or conveyed by road.
Signed by order of the Secretary of State.
Patrick Nicholls
Parliamentary Under Secretary of State,
Department of Employment
14th June 1990


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Medicines (Veterinary Drugs) (Pharmacy and Merchants' List) (No. 2) (Amendment No. 2) Order 1990 and shall come into force on 3rd January 1991.
2
In this Order, “the principal Order ” means the Medicines (Veterinary Drugs) (Pharmacy and Merchants' List) (No. 2) Order 1989 .
Amendment of the principal Order
2
1
The principal Order shall be amended in accordance with the provisions of this article.
2
In article 5(7) (fees relating to the registration of Category I agricultural merchants) —
a
in sub-paragraph (a) for “£15500” there shall be substituted “£184”;
b
in sub-paragraph (b) for “£10800” there shall be substituted “£115”;
c
in sub-paragraph (c) for “£15500” there shall be substituted “£161”;
3
In article 8(7) (fees relating to the registration of Category II agricultural merchants) —
a
in sub-paragraph (a) for “£90” there shall be substituted “£123”;
b
in sub-paragraph (b) for “£80” there shall be substituted “£77”;
c
in sub-paragraph (c) for “£120” there shall be substituted “£108”;
4
In article 12(7) (fees relating to the registration of merchants in horse wormers) —
a
in sub-paragraph (a) for “£56” there shall be substituted “£98”;
b
in sub-paragraph (b) for “£53” there shall be substituted “£61”;
c
in sub-paragraph (c) for “£100” there shall be substituted “£85”;
5
For all four Schedules there shall be substituted the four Schedules set out in the Schedule to this Order.
Virginia Bottomley
Minister of State for Health
10th December 1990
Ian Lang
Secretary of State for Scotland
6th December 1990
David Hunt
Secretary of State for Wales
10th December 1990
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 7th December 1990.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland this 10th December 1990.
D. C. Gowdy
Acting Permanent Secretary
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland this 10th December 1990.
W. J. Hodges
Permanent Secretary
We consent,
Thomas Sackville
Gregory Knight
Two of the Lords Commissioners of Her Majesty’s Treasury
12th December 1990


text:
Citation and commencement
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No. 5) Regulations 1990 and shall come into force on 10th December 1990.
Preliminary
2
1
The Road Vehicles (Construction and Use) Regulations 1986 shall be further amended in accordance with the following provisions of these Regulations.
2
The Secretary of State is satisfied that —
a
it is requisite that the provisions of regulation 4 shall apply as from 10th December 1990 to vehicles registered under the Vehicles (Excise) Act 1971 before the expiration of one year from the making of these Regulations; and
b
notwithstanding that the said provisions will then apply to those vehicles, no undue hardship or inconvenience will be caused thereby.
Amendments to regulation 39
3
For the cross heading to regulation 39 there shall be substituted “Fuel tanks”.
4
For regulation 39(1) there shall be substituted —
1
This regulation applies to every fuel tank which is fitted to a wheeled vehicle for the purpose of supplying fuel to the propulsion unit or to an ancillary engine or to any other equipment forming part of the vehicle.
2
Subject to paragraphs (3) and (4), every fuel tank to which this regulation applies —
a
shall be constructed and maintained so that the leakage of any liquid from the tank is adequately prevented;
b
shall be constructed and maintained so that the leakage of vapour from the tank is adequately prevented; and
c
if it contains petroleum spirit (as defined in section 23 of the Petroleum (Consolidation) Act 1928) and is fitted to a vehicle first used on or after 1st July 1973, shall be —
i
made only of metal; and
ii
fixed in such a position and so maintained as to be reasonably secure from damage.
3
Notwithstanding the requirement of paragraph (2)(b), the fuel tank may be fitted with a device which, by the intake of air or the emission of vapour, relieves changes of pressure in the tank.
.
5
Regulation 39(2) shall be renumbered as regulation 39(4) and in that paragraph for “paragraph (1)” there shall be substituted “paragraphs (2) and (3)”.
Signed by authority of the Secretary of State for Transport
Christopher Chope
Parliamentary Under Secretary of State,
Department of Transport
6th November 1990


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Widow’s Benefit and Retirement Pensions) Amendment Regulations 1990 and shall come into force on 29th January 1991.
Amendment of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979
2
1
Regulation 6 of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979 (benefit at reduced rates for those who do not satisfy the contribution conditions in full) shall be amended in accordance with the following provisions of this regulation.
2
For paragraphs (1), (2) and (3) there shall be substituted the following paragraphs–
1
Subject to paragraph (2) of this regulation, where the second contribution condition specified in paragraph 5(3) of Schedule 3 to the Act is not satisfied a person shall be entitled to–
a
widowed mother’s allowance;
b
widow’s pension;
c
Category A retirement pension; or
d
Category B retirement pension, provided the percentage of the number of qualifying years in the working life of that person calculated in accordance with paragraph (3B) of this regulation is 25 per cent. or more.
2
Where a person to whom paragraph (1) alone would otherwise apply is not entitled to benefit under that paragraph because the percentage of the number of qualifying years in his working life, calculated in accordance with paragraph (3B) of this regulation, is less than 25 per cent. but there are one or more surpluses in that person’s earnings factors for the relevant years, that person shall be entitled to–
a
widowed mother’s allowance;
b
widow’s pension;
c
Category A retirement pension; or
d
Category B retirement pension consisting only of the additional pension in that benefit.
3
Where a person is entitled to benefit under paragraph (1) of this regulation, the benefit payable shall be–
a
the basic pension in that benefit at a reduced rate calculated in accordance with paragraph (3B) of this regulation as a percentage of the higher of the sums specified in section 6(1)(a) of the Pensions Act; and
b
any additional pension arising from one or more surpluses in the pensioner’s earnings factors for the relevant years; and
c
any increase of benefit to which he may be entitled under sections 41, 45, 45A, or 46 of the Act–
i
in respect of an adult dependant calculated in accordance with paragraph (3B) of this regulation as a percentage of the appropriate increase specified in Part IV of Schedule 4 to the Act; and
ii
in the case of a child dependant, by the appropriate increase specified in Part IV of Schedule 4 to the Act.
3A
Where a person is entitled to benefit under paragraph (2) of this regulation, the benefit payable shall be only the additional pension in that benefit.
3B
Subject to paragraph (4) of this regulation, the percentage referred to in paragraphs (1), (2), (3)(a) and (3)(c)(i) of this regulation shall be ascertained by taking the number of qualifying years in the working life of the contributor concerned, expressing that number as a percentage of the requisite number of years specified for that working life in paragraph 5(4) of Schedule 3 to the Act and rounding up that percentage to the next whole number.
.
3
In paragraph (4) for the words “paragraph (3)” there shall be substituted the words “paragraph (3B)”.
4
In paragraph (5)–
a
in sub-paragraph (a)(i) for the word “sum” there shall be substituted the words “higher of the sums”; and
b
in sub-paragraph (b) for the words “specified in section 23(1)(b) of the Pensions Act” there shall be substituted the words “which are the additional pensions in the rates of long-term benefits.”.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
27th December 1990


text:
Title, commencement and interpretation
1
1
This Scheme may be cited as the Plant Breeders' Rights (Miscellaneous Ornamental Plants) Scheme 1990 and shall come into force on 28th August 1990.
2
In this Scheme “ the Act ” means the Plant Varieties and Seeds Act 1964.
Plant varieties for which plant breeders' rights may be granted
2
There are prescribed for the purposes of the grant of plant breeders' rights all plant varieties which conform with the characteristics of cultivated plant varieties of any of the genera or species specified in column 1 of the Schedule to this Scheme or of any cultivated varieties which are the product of hybridization between members of any of those genera or species.
Period for which rights are exercisable
3
The period for which plant breeders' rights shall be exercisable in respect of any of the plant varieties referred to in paragraph 2 of this Scheme shall be 20 years.
Classes of plant varieties for the purposes of section 5(7) of the Act
4
In relation to any of the plant varieties referred to in paragraph 2 of this Scheme, the class of plant varieties prescribed for the purposes of section 5(7) of the Act (which enables classes of plant varieties to be prescribed in connection with the use of names likely to deceive or cause confusion) consists of all plant varieties of the genera or species specified in column 2 of the said Schedule.
Periods prescribed for purposes of section 7(2) of the Act
5
In relation to any of the plant varieties referred to in paragraph 2 of this Scheme the period prescribed for the purposes of section 7(2) of the Act (which enables a provision to be made whereby a compulsory licence granted by the Controller as respects a plant variety of a species or group specified in a scheme shall not have effect for a prescribed period after the grant of rights in that plant variety) shall be 3 years.
Additional rights
6
Plant breeders' rights exercisable in respect of any of the plant varieties of the genus or species Kalanchoe Adans. shall include the exclusive right to produce or propagate and to authorise others to produce or propagate that plant variety for the purpose of selling cut blooms of that variety.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 23rd July 1990.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden Minister of State, Scottish Office
20thJuly 1990
David Hunt
Secretary of State for Wales
23rd July 1990
Peter Brooke
Secretary of State for Northern Ireland
30thJuly 1990
David Waddington
Secretary of State for the Home
Department (being the Secretary of State concerned with matters relating to the Isle of Man)
Home Office
27th July 1990


text:
1
This Order may be cited as the Football Spectators Act 1989 (Commencement No. 1) Order 1990.
2
1
The provisions of the Football Spectators Act 1989 which are specified in paragraph (2) below shall come into force on 22nd March 1990.
2
Those provisions are —
a
subsections (1), (2), (4) except paragraph (b), and (7) to (11) of section 1;
b
section 14, and
c
subsections (1), (9) and (12) of section 22.
3
Sections 15 to 21, subsections (2) to (8) and (10) and (11) of section 22 and sections 23 to 26 of the Football Spectators Act 1989 shall come into force on 24th April 1990.
4
1
The provisions of the Football Spectators Act 1989 which are specified in paragraph (2) below shall come into force on 1st June 1990.
2
Those provisions are —
a
section 8 and Schedule 2;
b
subsections (1) to (5), (8) except paragraph (c), (9) to (11), (12) except paragraphs (a) and (b), and (13) to (17) of section 10; and
c
sections 11 and 12.
David Waddington
One of Her Majesty’s Principal Secretaries of State
Home Office
21st March 1990


text:
1
These Regulations may be cited as the “Zebra” Pedestrian Crossings (Amendment) Regulations 1990 and shall come into force on 5th October 1990.
2
The “Zebra” Pedestrian Crossings Regulations 1971 shall be amended in accordance with the following provisions of these Regulations.
3
In Part II of Schedule 2 after paragraph 3 there shall be added —
4
Subject to paragraphs 5 and 6, a globe may be fitted with —
a
a backing board designed to improve the conspicuity of the globe;
b
a shield designed to prevent or reduce light from the globe shining into adjacent properties; or
c
such a board and shield.
5
If a backing board or shield is fitted to a globe it shall —
a
be firmly secured;
b
not prevent any driver of a vehicle proceeding towards the zebra crossing in question from seeing the globe; and
c
not constitute a danger to any user of the road.
6
Any backing board shall be coloured black and may have a white border.
Signed by the authority of the Secretary of State for Transport
Christopher Chope
Parliamentary Under Secretary of State,
Department of Transport
15th August 1990
James Douglas-Hamilton
Secretary of State for Scotland
20th August 1990
David Hunt
Secretary of State for Wales
1st September 1990


text:
Citation and commencement
1
1
This Order may be cited as the Caledonian MacBrayne Limited (Arinagour Pier) Harbour Revision Order 1990 and this Order and the Argyll County Council (Arinagour and Craignure Piers, etc. ) Order 1961 may be cited together as the Arinagour Pier Orders 1961 and 1990.
2
This Order shall come into force on the date fixed in accordance with the provisions of teh Statutory Orders (Special Procedure) Acts 1945 and 1965
Interpretaion
2
1
In this Order, unless the context otherwise requires —
“ the Company ” means Caledonian MacBrayne Limited;
“the Order of 1961 ” means the Argyll County Council (Arinagour and Craignure Piers, etc.) Order 1961;
“the Arinagour pier undertaking ” has the same meaning as in section 2(1) of the Order of 1961;
“the Regional Council ” means Strathclyde Regional Council.
2
The Order of 1961 so far as it relates to the Arinagour pier undertaking shall be incorporated with and form part of this Order.
Transfer of pier undertaking
3
1
On the coming into force of this Order there shall be transferred to and vested in the Company (subject to the other provisions of this Order) all the powers of the Regional Council in relation to the Arinagour pier undertaking vested in them pursuant to the Order of 1961, the Harbours Act 1964 and section 154 of the Local Government (Scotland) Act 1973 together with all property heritable and moveable and all rights pertaining thereto vested in the Regional Council and held by them solely for the purposes of the Arinagour pier undertaking.
2
To enable the Company to complete a title to any property transferred to and vested in them by virtue of this article by notice of title or otherwise, this Order shall have effect as if it were a general disposition or assignation, as the case may be, of such property granted by the Regional Council in favour of the Company on the coming into force of this Order.
Contracts to be binding
4
All purchases, sales, conveyances, deeds, contracts and agreements entered into or made by the Regional Council and in force at the commencement of this Order shall so far as they relate to the Arinagour pier undertaking be as binding and of as full force and effect in every respect against or in favour of the Compnay as they have heretofore been against or in favour of the Regional Council and may be enforced as fully and effectively as if, instead of the Regional Council, the Company had been a party thereto.
Proceedings not to bate
5
All legal and other proceedings begun before the commencement of this Order and relating to any property or liabilities transferred to the Company under this Order may be carried on with the substitution of the Company as a party to the proceedings in lieu of the authority from whom the property or liabilities was or were transferred and any such proceedings may be amended in such manner as may be necessary for that purpose.
Power to make agreements
6
Nothing in this Order shall affect the right of the Regional Council and the Company to enter into an agreement for the purpose of regulating the responsibility as between themselves for any liabilities or obligations transferred to the Company by article 4 or 5 of this Order.
Byelaws
7
In addition to the byelaws which may be amde by the Company under section 83 of the Harbours, Docks, and Piers Clauses Act 1847 and otherwise, the Company may, in relation to the Arinagour pier undertaking, from time to time make such byelaws as they think fit with reference to all or any of the following matters: —
a
for regulating the types of vehicles which may enter or be on any land or premises owned or occupied in connection with the Arinagour pier undertaking and the use, placing, loading or unloading, and driving of such vehicles, and giving powers to officers or servants of the Compnay in relation to such regulation;
b
the management, control and regulation of the said land or premises and of goods, wares and merchandise using or passing over the Arinagour pier undertaking;
c
safety precautions to be observed by persons using or being on the said land or premises.
Confirmation of byelaws
8
1
The provisions of subsections (4), (5), (6), (7), (8), (10) and (12) of section 202 and section 203 of the Local Government (Scotland) Act 1973 shall apply to any byelaws made by the Company under the Harbours, Docks, and Piers Clauses Act 1847 or this Order as if the Company were a local authority, and in the application of the provisions of the said Act of 1973 the Secretary of State shall be the undertaking at the date of this Order coming into force shall be deemed to be byelaws and regulations of the Company and shall continue in force until altered.
2
Where the Secretary of State proposes to exercise the power of modification conferred on him by subsection (10) of the said section 202 and the modification appears to him to be substantial, he shall inform the Company and require them to take any steps he considers necessary for informing persons likely to be concerned with the modification, and shall not confirm the byelaws until such perios has elapsed as he thinks reasonable for consideration of, and comment upon, the proposed modification by the Company and by other persons who have been informed of it.
Amendments and repeals
9
1
The provisions of the Order of 1961 referred to in column (1) of Schedule 1 to this Order shall have effect subject to the amendments specified in column (2) of that Schedule.
2
In the Order of 1961 for the words “County Council” wherever the same shall appear there shall be substituted the words “the Company”, and wherever the word “Minister” shall appear the wirds “Secretary of State” shall be substituted therefor.
3
The provisions of the Order of 1961 specified in column (1) of Schedule 2 to this Order are hereby repealed to the extent specified in column (2) of that Schedule.
Costs of Order
10
The costs, scharges and expenses of and incidental to the preparing for and obtaining of this Order or otherwise in relation thereto (other than costs, charges and expenses which any person is lawfully ordered to pay by the Secretary of State or a Joint Committee of both Houses of Parliament or any costs incurred in opposing this Order) shall be paid by the Company.
James Douglas-Hamiliton
Parliamentary Under Secretary of State, Scottish Office
St. Andrew’s House,
Edinburgh
25th July 1990


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Control of Asbestos in the Air Regulations 1990 and subject to paragraph (2) shall come into force on 5th April 1990.
2
In the case of any premises to which section 5 of the Health and Safety at Work etc. Act 1974 applied before 31st December 1988, regulations 2 and 3 shall come into force on 30th June 1991.
3
In these Regulations
“asbestos” means the following fibrous silicates —
actinolite, amosite, anthophyllite, chrysotile, crocidolite or tremolite.
Limit value for the discharge of asbestos into the air during the use of asbestos
2
1
Any person having control of any premises to which section 5 of the Health and Safety at Work etc. Act 1974 applies and from which asbestos is emitted through discharge outlets into the air during the use of asbestos shall ensure that —
a
the concentration of asbestos so discharged, measured by the sampling and analysis procedures described in the Annex to Council Directive 87/217/ EEC on the prevention and reduction of environmental pollution by asbestos , or any other method which gives equivalent results, does not exceed 0.1 milligram of asbestos per cubic metre of air, and
b
the concentration of asbestos so emitted is measured at mentioned in paragraph (a) at regular intervals of not more than 6 months.
2
In this regulation —
“raw asbestos” means the product resulting from the primary crushing of asbestos ore; and
“use of asbestos” means activities which involve —
the production of raw asbestos from ore, excluding any process directly associated with the mining of the ore, or
the manufacturing and industrial finishing of any of the following products using raw asbestos —
asbestos cement, asbestos cement products, asbestos fillers, asbestos filters, asbestos floor coverings, asbestos friction products, asbestos insulating board, asbestos jointing, packaging and reinforcement materials, asbestos packing, asbestos paper and card, and asbestos textiles.
Enforcing authority
3
The Secretary of State shall be the authority responsible for enforcing regulation 2.
Control of environmental pollution by asbestos resulting from the working of products containing asbestos
4
1
Any person undertaking activities involving the working of products containing asbestos shall ensure that those activities do not cause significant environmental pollution by asbestos fibres or dust emitted into the air; and
2
Any person undertaking the demolition of buildings, structures and installations containing asbestos and the removal from them of asbestos or materials containing asbestos involving the release of asbestos fibres or dust into the air shall ensure that significant environmental pollution is not caused thereby.
3
In this regulation —
“fibre” means a fibre within the meaning of Part B.II of the Annex to Council Directive 87/217/EEC ; and
“the working of products containing asbestos” means activities other than the use of asbestos (within the meaning of regulation 2) which are liable to release asbestos into the environment.
5
1
Any person who contravenes the provisions of regulation 4 commits an offence and a person guilty of such an offence shall be liable on conviction on indictment to a fine, or on summary conviction to a fine not exceeding level 4 on the standard scale.
2
Section 37 (offences by bodies corporate) of the Health and Safety at Work etc. Act 1974 shall apply to an offence under this regulation as it applies to an offence under any of the relevant statutory provisions of that Act.
Chris Patten
Secretary of State for the Environment
5th March 1990
Peter Walker
Secretary of State for Wales
6th March 1990
Malcolm Rifkind
Secretary of State for Scotland
6th March 1990


text:
Citation and commencement
1
These Regulations may be cited as the Local Government (Allowances) (Amendment) Regulations 1990 and shall come into force on 1st September 1990.
Interpretation
2
In these Regulations “the principal Regulations ” means the Local Government (Allowances) Regulations 1986 .
Amendment of the principal Regulations
3
1
For regulations 3 and 4 of the principal Regulations there shall be substituted the following regulations —
3
1
The prescribed amount of attendance allowance shall be £21.00 for any period of 24 hours beginning at 3 am.
2
The prescribed amount of financial loss allowance shall be:
a
£17.65 for any period not exceeding 4 hours;
b
£35.30 for any period exceeding 4 hours but not exceeding 24 hours;
c
for a period exceeding 24 hours, £35.30 for each period of 24 hours plus the amount specified above which is appropriate to the remainder of the period.
4
1
The rate which a special responsibility allowance shall not exceed in any financial year beginning with the financial year ending on 31st March 1991 is: —
a
in the case of a principal council within the description of councils in paragraph 7(e) of Schedule 1 hereto, £605; and
b
in any other case, one third of the total amount which the council concerned may pay in that year by way of such allowances or £6,010, whichever is the less.
2
The total amount payable by a principal council by way of special responsibility allowances in any financial year beginning with the financial year ending on 31st March 1991 shall not exceed the figure specified in Schedule 1 hereto in respect of that council or the description of councils to which it belongs.
.
2
For Schedule 1 to the principal Regulations there shall be substituted the Schedule set out in the Schedule to these Regulations.
Signed by authority of the Secretary of State for the Environment
Michael Portillo
Minister for Local Government and Inner Cities,
Department of the Environment
21st August 1990
David Hunt
Secretary of State for Wales
21st August 1990