text:
Title, commencement and extent
1
1
These Regulations may be cited as the Milk (Special Designation) (Amendment) Regulations 1990 and shall come into force on 1st January 1991.
2
These Regulations extend to England and Wales.
Amendment of previous regulations — general
2
The Milk (Special Designation) Regulations 1989 shall be amended as specified in the following provisions of these Regulations and any reference in those provisions to any specified provision shall, unless the context requires otherwise, be taken to be a reference to the provision so specified in the Milk (Special Designation) Regulations 1989.
Amendment of regulation 2D
3
1
For the heading to regulation 2D there shall be substituted the heading “ Adulteration and offences relating to durability indications ”
2
Immediately after paragraph (1) of regulation 2D there shall be added the following paragraphs:
1A
No person shall sell to the ultimate consumer (as defined in Schedule 6) any milk after the date shown in a “use by” date (as referred to in that Schedule) relating to it.
1B
No person, being a person other than whichever of the producer, packer or seller established within the European Economic Community was originally responsible for so marking the milk, shall alter the indication of minimum durability or, as the case may be, the “use by” date relating to that milk.
1C
In any proceedings for an offence under paragraph (1B) above it shall be a defence for a person charged to prove that each alteration in respect of which the offence is alleged was effected under the written authorisation of a person capable of effecting that alteration without contravention of that provision.
.
Amendment of Schedule 6, paragraph 1
4
In Schedule 6, paragraph 1 (general labelling requirements), for sub-paragraph (b) there shall be substituted the following sub-paragraph:
b
the appropriate durability indication, that is to say —
i
in the case of milk other than one specified in paragraph (ii) of this sub-paragraph, an indication of minimum durability;
ii
in the case of milk which, from the microbiological point of view, is highly perishable and in consequence likely after a short period to constitute an immediate danger to human health, a “use by” date;
.
Amendment of Schedule 6, paragraph 3
5
In Schedule 6, paragraph 3, sub-paragraphs (4) and (5) shall be deleted.
Insertion of paragraph 3A in Schedule 6
6
Immediately following paragraph 3 of Schedule 6 there shall be inserted the following paragraph:
Form of indication of “use by” date
3A
1
Where a “use by” date is required in respect of milk it shall be indicated by —
a
the words “use by” followed by the date up to and including which the milk, if properly stored, is recommended for use, and
b
any storage conditions which need to be observed.
2
The “use by” date shall be expressed in terms either of a day and a month (in that order) or of a day, a month and a year (in that order).
3
The date up to and including which milk required to bear a “use by” date is recommended for use may appear separately from the words “use by” provided that those words are followed by a reference to the place where that date appears.
.
Amendment of Schedule 6, paragraph 4
7
In Schedule 6, paragraph 4 (field of vision), for the words “indication of minimum durability” wherever they appear there shall be substituted the words “appropriate durability indication”.
Transitional Provision
8
Nothing in these Regulations shall be taken to treat as a breach of a condition of a licence (as defined in the Milk (Special Designation) Regulations 1989) a sale before 1st July 1991 of any milk which is not marked or labelled with the appropriate durability indication referred to in Schedule 6, paragraph 1(b), in circumstances in which that milk is marked or labelled in accordance with what would have been the requirements of Schedule 6, paragraph 3, had these Regulations not come into force.
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
Stephen Dorrell
Parliamentary Under Secretary of State for Health
10th December 1990
David Hunt
Secretary of State for Wales
7th December 1990


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Copyright, Designs and Patents Act 1988 (Commencement No. 6) Order 1990.
2
The following provisions of the Copyright, Designs and Patents Act 1988 shall come into force on 7th January 1991 —
a
in Part VI (patents), save in so far as article 3 below otherwise provides
section 295 in so far as it relates to paragraphs 1 to 11, 17 to 23, 25, 26, 28 and 30 of Schedule 5;
in Part VII (miscellaneous and general), section 303(2) in so far as it relates to the references in Schedule 8 to
section 14(4) and (8), paragraph (b) and the word “and” preceding it in section 28(3), section 28(5) to (9), sections 72(3) and 88, the words “88(6) and (7)” in section 130(7) of, and paragraphs 2, 7 and 8 of Schedule 5 to, the Patents Act 1977 ;
in Schedule 5 (patents: miscellaneous amendments), save in so far as article 3 below otherwise provides —
paragraphs 1 to 11, 17 to 23, 25, 26, 28 and 30;
in Schedule 8 (repeals) the references to —
section 14(4) and (8), paragraph (b) and the word “and” preceding it in section 28(3), section 28(5) to (9), sections 72(3) and 88, the words “88(6) and (7)” in section 130(7) of, and paragraphs 2, 7 and 8 of Schedule 5 to, the Patents Act 1977.
3
For the purposes only of making rules expressed to come into force on or after 7th January 1991, any amendment to the Patents Act 1977 effected by a provision referred to in article 2(a) and (c) above which confers power to make rules or prescribe anything shall come into force forthwith.
Douglas Hogg
Minister of State,
Department of Trade and Industry
1st November 1990


text:
Citation and commencement
1
This Scheme, which may be cited as the Workmen’s Compensation (Supplementation) (Amendment) and the Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit (Amendment) Scheme 1990, shall come into force on 9th January 1991.
Workmen’s Compensation (Supplementation) Scheme
2
1
The Workmen’s Compensation (Supplementation) Scheme 1982 shall be read as one with the following provisions of this article.
2
The Workmen’s Compensation (Supplementation) Scheme 1982 shall be varied in the following respects —
a
in articles 2(1), 4(1), 5(1) and 36 for the words “the National Insurance Fund” there shall be substituted the words “money provided by Parliament”;
b
in article 11 for the reference to the Social Security (Claims and Payments) Regulations 1979 there shall be substituted a reference to the Social Security (Claims and Payments) Regulations 1987 ;
c
in article 12 —
i
for the reference to the Social Security (Adjudication) Regulations 1984 there shall be substituted a reference to the Social Security (Adjudication) Regulations 1986 ; and
ii
after the reference to the Social Security (Adjudication) Regulations there shall be added “and of the Social Security Commissioners Procedure Regulations 1987 and of the Social Security (Payments on account, Overpayments and Recovery) Regulations 1988 ”;
d
in articles 23(1) and 26(8) for the words “National Insurance Fund” there shall be substituted the words “Secretary of State”; and
e
for Schedule 2 there shall be substituted the Schedule set out in Schedule 1 to this Scheme.
Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit Scheme
3
1
The Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit Scheme 1983 shall be read as one with the following provisions of this article.
2
The Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit Scheme 1983 shall be varied in the following respects —
a
in articles 2(1) and 31 for the words “the National Insurance Fund” there shall be substituted the words “money provided by Parliament”;
b
in article 11 for the reference to the Social Security (Claims and Payments) Regulations 1979 there shall be substituted a reference to the Social Security (Claims and Payments) Regulations 1987 ;
c
in article 12 —
i
for the reference to the Social Security (Adjudication) Regulations 1984 there shall be substituted a reference to the Social Security (Adjudication) Regulations 1986; and
ii
after the reference to the Social Security (Adjudication) Regulations there shall be added “and of the Social Security Commissioners Procedure Regulations 1987 and of the Social Security (Payments on account, Overpayments and Recovery) Regulations 1988”;
d
in articles 23(1), 24 and 26(8) for the words “National Insurance Fund” there shall be substituted the words “Secretary of State”; and
e
for Schedule 3 there shall be substituted the Schedule set out in Schedule 2 to this Scheme.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
29th November 1990
We consent,
John Major
Norman Lamont
Two of the Lords Commissioners of Her Majesty’s Treasury
10th December 1990


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Local Government Finance Act 1988 (Miscellaneous Amendments and Repeals) Order 1990 and shall come into force on 29th January 1990.
Amendment of section 97(4) of the Local Government Act 1972
2
In section 97(4) of the Local Government Act 1972 after the word “as”, where first occurring, there shall be inserted the words “a person who is liable under the Local Government Finance Act 1988 to pay an amount in respect of any community charge or who would be so liable but for any enactment or anything provided or done under any enactment or as”.
Repeal of section 13 of the Rates Act 1984
3
Section 13 of the Rates Act 1984 is hereby repealed.
Chris Patten
Secretary of State for the Environment
2nd January 1990
Signed by authority of the Secretary of State for Wales
Ian Grist
Parliamentary Under-Secretary of State, Welsh Office
4th January 1990


text:
1
1
This Order may be cited as the Oversea Companies (Accounts) (Modifications and Exemptions) Order 1990 and shall come into force on 1st April 1990.
2
In this Order:
“the 1989 Act ” means the Companies Act 1989 ;
“the 1985 Act ” means the Companies Act 1985 as amended by the 1989 Act; and
“the unamended 1985 Act” means the provisions of the 1985 Act prior to their amendment by the 1989 Act.
3
The Oversea Companies (Accounts) (Modifications and Exemptions) Order 1982 is hereby revoked.
2
1
The requirements referred to in section 700(1) of the 1985 Act shall, for the purposes of their application to oversea companies, be modified as follows:
a
subject to the following provisions of this article, Part VII of the 1985 Act shall apply as if it had not been amended by the 1989 Act and as if any provision of the 1985 Act necessary for the interpretation of that Part had not been amended or repealed by the 1989 Act;
b
sections 228 and 230 of the unamended 1985 Act shall not apply in relation to such companies but sections 258 and 259 of the unamended 1985 Act shall apply as if such companies were special category companies within the meaning of section 257(1) of that Act and in particular shall (subject to the provisions of those sections) require the balance sheet, profit and loss account and group accounts of such companies to comply with the requirements of Schedule 9 to the unamended 1985 Act so far as applicable; and
c
sections 245 and 247 to 253 of, and Schedule 8 and paragraph 29 of Schedule 9 to, the unamended 1985 Act shall not apply to such companies.
2
Oversea companies shall be exempt from such requirements of the unamended 1985 Act referred to in section 700(1) of the 1985 Act as are specified in the Schedule to this Order.
3
Oversea companies which would be exempt under section 700(3) of the unamended 1985 Act from compliance with that section (independent company with unlimited liability) shall be exempt from the requirements referred to in section 700(1) of the 1985 Act.
John Redwood
Parliamentary Under-Secretary of State,
Department of Trade and Industry
5th March 1990


text:
Citation and commencement
1
These Regulations may be cited as the Non-Domestic Rating (Alteration of Lists and Appeals) (Amendment) Regulations 1990 and shall come into operation on 1st April 1990.
Alteration of rating lists and appeals
2
1
The Non-Domestic Rating (Alteration of Lists and Appeals) Regulations 1990 shall be amended as provided in this regulation.
2
In regulation 4 (time from which alteration is to have effect), after paragraph (6) there shall be added —
6A
An alteration made to correct an inaccuracy in a list on the day it was compiled shall have effect from that day.
6B
An alteration made to correct an inaccuracy in a list (other than an alteration which falls to take effect as provided in the foregoing provisions of this regulation) shall have effect from the day on which the list became inaccurate.
.
3
In regulation 11(4) (procedure in respect of proposals treated as invalid), for “of its issue” there shall be substituted “of the service of the notice under paragraph (3)”.
4
In regulation 33 —
a
in paragraph (2)(a) for the words from “for believing the proposal” to the end there shall be substituted “for the disagreement giving rise to the appeal”; and
b
in paragraph (5) for “transmitted under regulation 16(2)” there shall be substituted “transmitted to him under these Regulations”.
5
ffifiegulation 44(4) (grounds for review of decisions) for “paragraph (1)(a)” there shall be substituted “paragraph (1)(b)”.
Appeals against completion notices
3
Regulation 3 (transitional provision) of the Non-Domestic Rating (Unoccupied Property) Regulations 1989 is hereby revoked.
Chris Patten
Secretary of State for the Environment
27th March 1990
Signed by authority ofthe Secretary of State for Wales
Ian Grist
Parliamentary Under Secretary of State, Welsh Office
28th March 1990


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Plaice (Specified Sea Areas) (Prohibition of Fishing) Order 1990 and shall come into force on 22nd November 1990.
2
In this Order —
“British fishing boat” means a fishing boat which is registered in the United Kingdom, the Isle of Man or any of the Channel Islands or which, not being so registered, is British-owned;
“sea area” means a statistical division of the International Council for the Exploration of the Sea described in the Schedule hereto.
Prohibition
2
Fishing for plaice (Pleuronectes platessa) —
a
within any part of a sea area by any British fishing boat registered in the United Kingdom or the Isle of Man; or
b
within any part of a sea area which lies inside British fishery limits by any other British fishing boat,
is prohibited during the period beginning with the date of coming into force of this Order and ending immediately before 1st January 1991.
Powers of British sea-fishery officers in relation to fishing boats
3
1
For the purpose of the enforcement of this Order a British sea-fishery officer may exercise anywhere in relation to any British fishing boat the powers conferred by paragraphs (2) to (4) below.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) above and, in particular —
a
may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;
c
for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under section 5(1) or (6) of the Sea Fish (Conservation) Act 1967 as read with this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search; and
d
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in sub-paragraph (d) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that a contravention of this Order has at any time taken place within British fishery limits, he may —
a
require the master of the boat in relation to which the contravention took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 15th November 1990.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Lord Strathclyde
Parliamentary Under Secretary of State, Scottish Office
16th November 1990
Sir Wyn Roberts
Secretary of State for Wales
20th November 1990
Lord Skelmersdale
Parliamentary Under Secretary of State, Northern Ireland
20th November 1990


text:
1
These Regulations may be cited as the Companies (Fees) (Amendment) Regulations 1990 and shall come into force on 1st July 1990.
2
The Schedule to the Companies (Fees) Regulations 1988 is amended as follows:
a
for the first two entries in the Schedule there is substituted the following entry:
For registration of a company on its formation under the Act or in pursuance of Chapter II of Part XXII of the Act and for the re-registration of a company under the Act £50.00
b
for the third entry in the Schedule there is substituted the following entry:
For registration of a copy of an annual return delivered otherwise than in compliance with section 699 or for registration of copies of accounts delivered to the registrar of companies in compliance with Chapter II of Part XXIII of the Act. £25.00
;
and
c
for the sum of £2.50 which appears against the entry in the Schedule relating to the inspection of documents under section 709(1) of the Companies Act 1985 there is substituted the sum of £2.75.
Eric Forth
Parliamentary Under-Secretary of State,
Department of Trade and Industry
7th June 1990


text:
PART I
PRELIMINARY
Citation, commencement and application
1
1
These Regulations may be cited as the Motor Vehicles (Driving Licences) (Heavy Goods and Public Service Vehicles) Regulations 1990 and shall come into force on 1st April 1991.
2
These Regulations apply in respect of existing heavy goods vehicle and public service vehicle licences.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“the 1989 Act ” means the Road Traffic (Driver Licensing and Information Systems) Act 1989;
“articulated goods vehicle combination” has the same meaning as in section 108(1) of the 1988 Act ;
“full” in relation to an existing heavy goods vehicle licence or a large goods vehicle driver’s licence means such a licence which is not a provisional heavy goods vehicle licence or a provisional large goods vehicle driver’s licence as the case may be;
“holder”, in relation to a licence, means the person to whom the licence was granted;
“hgv trainee driver’s licence” means an existing heavy goods vehicle licence which —
is a licence to drive heavy goods vehicles of class 1, 1A, 2, 2A, 3 or 3A,
was applied for by a person under the age of 21 on the date of the application, and
has effect for a period during the whole or part of which the holder is under the age of 21;
“large goods vehicle” and “large goods vehicle driver’s licence” have the same meaning as in part IV of the 1988 Act;
“lgv trainee driver’s licence” has the same meaning as in the Motor Vehicles (Driving Licences) (Large Goods and Passenger-Carrying Vehicles) Regulations 1990 ;
“licence” means an existing licence;
“Northern Ireland ordinary driving licence” means a licence to drive a motor vehicle granted under the law for the time being in force in Northern Ireland equivalent to Part III of the 1988 Act but does not include such a licence in so far as it authorises a person to drive large goods vehicles or passenger-carrying vehicles of any category;
“ordinary driving licence” means a licence to drive a motor vehicle granted under Part III of the 1988 Act other than a large goods vehicle driver’s licence or a passenger-carrying vehicle driver’s licence;
“passenger-carrying vehicle driver’s licence” has the same meaning as in Part IV of the 1988 Act;
“penalty points” means penalty points endorsed on an ordinary driving licence or the counterpart of such a licence pursuant to sections 28 and 29 of the Road Traffic Offenders Act 1988 or counted as having been so endorsed pursuant to paragraph 7(3) of Schedule 4 to the Road Traffic (Consequential Provisions) Act 1988 ;
“relevant endorsement” means an endorsement on a Northern Ireland ordinary driving licence of particulars of a conviction in pursuance of those provisions for the time being in force in Northern Ireland that correspond to sections 44 and 45 of the Road Traffic Offenders Act 1988;
“standard” in relation to an existing heavy goods vehicle licence or a large goods vehicle driving licence means such a licence which is not an hgv or an lgv trainee driver’s licence as the case may be;
“traffic commissioner” means in relation to the holder of a licence the traffic commissioner in whose area the holder of the licence resides except in relation to service personnel to whom regulation 14 applies.
2
In these Regulations, unless the context otherwise requires, any reference to a class of heavy goods or public service vehicle is a reference to a class specified in column (2) of Part I or II , as the case may be, of Schedule 1, and in the case of a class identified by a number in relation to that number, and reference to a category of vehicle is a reference to a category specified in column (2) of Schedule 1 to the Motor Vehicles (Driving Licences) (Large Goods and Passenger-Carrying Vehicles) Regulations 1990 or in column (2) of Schedule 3 to the Motor Vehicles (Driving Licences) Regulations 1987 , and in the case of a category identified by a letter in relation to that letter.
3
In these Regulations, unless the context otherwise requires, a reference to a regulation or Schedule followed by a number is a reference to the regulation or Schedule bearing that number in these Regulations, and a reference to a paragraph followed by a number is a reference to the paragraph bearing that number in the regulation in which it appears.
PART II
LICENCES
Notification of change of name or address
3
If, during the currency of a licence, the holder changes his name or address he shall, forthwith notify the Secretary of State of the new name or address, as the case may be, and surrender his licence for replacement by a licence to drive large goods vehicles or passenger-carrying vehicles as the case may be.
Withdrawal of ordinary driving licence or Northern Ireland ordinary driving licence
4
If the holder of a licence is disqualified for holding or obtaining an ordinary driving licence under section 34, 35 or 36 of the Road Traffic Offenders Act 1988 or under the law for the time being in force in Northern Ireland which corresponds to any of those sections for holding or obtaining a Northern Ireland ordinary driving licence, or if such a licence is refused or revoked under section 92 of the 1988 Act or any provision of that law that corresponds to that section, he shall surrender his first mentioned licence to the traffic commissioner.
Duplicate licences
5
1
If a licence has been lost, the holder shall forthwith notify the traffic commissioner and the traffic commissioner, if satisfied that the licence has been lost and on payment of the fee specified in paragraph (5), shall issue a copy of it marked as a duplicate.
2
If a licence referred to in paragraph (1) is subsequently recovered by the holder he shall forthwith return it to the traffic commissioner.
3
If a licence becomes defaced, the holder shall forthwith return it to the traffic commissioner and on such return the traffic commissioner shall, on payment of the fee specified in paragraph (5), issue a copy of the licence marked as a duplicate.
4
A copy of a licence issued and marked as a duplicate in accordance with paragraph (1) or (3) shall have the same effect as the licence which it duplicates.
5
The fee for the issue of a duplicate licence shall be £5.
6
Upon the issue of a duplicate licence to him the holder shall sign it in ink with his usual signature.
Custody and production
6
1
Save as provided in paragraph (2), on being required to do so by any certifying officer, vehicle examiner or person authorised by any traffic commissioner on production, in any such case, if so required, of his authority, or by any constable, the holder of a licence shall forthwith produce his licence for examination by such officer, examiner, person or constable, as the case may be.
2
If any person is unable to produce his licence when required to do so in accordance with paragraph (1) it shall be a sufficient compliance with that paragraph if —
a
in a case where the licence was required by a constable to be produced, within 7 days after the production of the licence was so required, it is produced in person by the holder for examination at such police station as may have been specified by him at the time its production was required; or
b
in any other case, within 10 days after the production of the licence was so required it is made available for examination at such office as the person requiring its production may have specified at the time its production was required.
3
Where a licence has been suspended or revoked, then if the holder of the licence fails to deliver it for endorsement, cancellation or transmission as required by regulation 8, a constable or a vehicle examiner may require him to produce it, and upon its being produced may seize it and deliver it for endorsement, cancellation, or transmission in accordance with that regulation.
4
In this regulation —
a
“certifying officer” means an officer appointed under section 7(1) of the 1981 Act ;
b
“vehicle examiner” means a person appointed as such in accordance with section 7(2) of the 1981 Act or under section 68(1) of the 1988 Act; and
c
“licence” includes an existing Northern Ireland licence.
Revocation of licences
7
1
For the purposes of paragraph 5(1)(a)(i) of Part I of Schedule 1 to the 1989 Act (obligatory revocation of licence), the following physical disabilities are prescribed: —
a
an epileptic attack since attaining the age of 5 years;
b
abnormal sight in one or both eyes where —
i
in the case of a person who held a licence on 1 January 1983 and who holds such a licence on 1 April 1991, the visual acuity is worse than 6/12 with the better eye and worse than 6/36 with the other eye and, if corrective lenses are worn, the uncorrected acuity in each eye is worse than 3/60, or
ii
in any other case, the visual acuity is worse than 6/9 in the better eye and worse than 6/12 in the other eye and, if corrective lenses are worn, the uncorrected acuity in each eye is worse than 3/60;
c
sight in only one eye unless —
i
in the case of a person who held a licence on 1 January 1983 and who holds such a licence on 1 April 1991 the traffic commissioner in whose area he resides or the traffic commissioner who granted the last-mentioned licence knew of the disability before 1 January 1991 and the visual acuity in that eye is no worse than 6/12, or
ii
in the case of a person who did not hold a licence on 1 January 1983 but who holds such a licence on 1 April 1991 the traffic commissioner in whose area he resides or the traffic commissioner who granted the last-mentioned licence knew of the disability before 1 January 1991 and the visual acuity in that eye is no worse than 6/9;
d
diabetes subject to insulin treatment unless the person in question held on 1 April 1991 a licence and the traffic commissioner in whose area he resides or the traffic commissioner who granted the licence knew of the disability before 1 January 1991.
2
The following circumstances relating to conduct are prescribed for the purposes of paragraph 5(1)(a)(ii) of Part I of Schedule 1 to the 1989 Act (obligatory revocation of licence) namely, in the case of the holder of an existing heavy goods vehicle licence who is under the age of 21, —
a
that his ordinary driving licence, or in the case of such a licence which came into force on or after 1 June 1990 the counterpart of that licence, has more than three penalty points endorsed on it; or
b
that his Northern Ireland ordinary driving licence, or in the case of such a licence which came into force on or after 1 January 1991 the counterpart of that licence, bears more than one relevant endorsement.
3
In this regulation references to measurements of visual acuity are references to visual acuity measured on the Snellen Scale.
Surrender of licences
8
The holder of an existing licence, or an existing Northern Ireland licence, which has been suspended or revoked shall within 7 days of receipt of notice, either delivered to him personally or sent by post, of the decision to suspend or revoke the licence, send or deliver such licence, in the case of the holder of an existing licence, to the traffic commissioner, in whose area he resides and, in the case of the holder of a Northern Ireland licence, to the traffic commissioner for the North Western traffic area, for endorsement and return to the holder, or for cancellation, or transmission to the licensing authority in Northern Ireland, as the case may require.
Disqualification
9
1
Where in pursuance of paragraph 5(1)(a)(i) of Part I of Schedule 1 to the 1989 Act the Secretary of State has revoked a person’s licence the Secretary of State shall order that person to be disqualified indefinitely.
2
Where in pursuance of paragraph 5(1)(a)(ii) of Part I of Schedule 1 to the 1989 Act the Secretary of State has revoked a person’s licence the Secretary of State shall order that person to be disqualified until he reaches 21 years of age or for such longer period as the Secretary of State may determine.
3
For the purposes of paragraph 6(7) of Part I of Schedule 1 to the 1989 Act, the prescribed classes of large goods vehicles are categories C and C plus E and the prescribed classes of passenger-carrying vehicles are categories D and D plus E.
Removal of disqualification
10
1
Subject to paragraph (2) and (3) below, the Secretary of State may, under paragraph 6(4) of Part I of Schedule 1 to the 1989 Act, remove a disqualification imposed under paragraph 6(2)(a) of that Schedule if the application for the removal of the disqualification is made after the expiration of whichever is relevant of the following periods from the commencement of the disqualification, that is to say —
a
two years, if the disqualification is for less than four years;
b
one half of the period of the disqualification, if it is for less than ten years, but not less than four years;
c
five years in any other case, including disqualification for an indefinite period.
2
The applicant must have incurred no further penalty points or relevant endorsements.
3
Where an application under paragraph (1) above for the removal, under paragraph 6(4) of Part I of Schedule 1 to the 1989 Act, of a disqualification is refused, a further such application shall not be entertained if made within three months after the date of refusal.
PART III
PROVISIONAL AND TRAINEE HGV LICENCE HOLDERS
Provisional standard licences for heavy goods vehicles
11
1
A full standard existing licence to drive heavy goods vehicles of class 2, 2A, 3 or 3A shall also be treated (in so far as it does not by virtue of regulation 16 operate as a full licence to drive such vehicles) as a provisional standard licence to drive heavy goods vehicles of a class in respect of which the holder is not by reason of his age disqualified under section 101(1) of the 1988 Act for holding or obtaining a large goods vehicle driver’s licence.
2
Subject to paragraph (3) below, a provisional standard existing heavy goods vehicle licence, including a full standard licence which is treated as a provisional standard licence under paragraph (1) above, shall be subject to the following conditions, which are prescribed conditions for the purposes of paragraph 3(1) of Part I of Schedule 1 to the 1989 Act, that is to say, the holder shall not drive a heavy goods vehicle of any class which he may drive by virtue of the licence or a large goods vehicle of any category which he is entitled to drive by virtue of regulation 16 —
a
otherwise than under the supervision of a person who is present with him in the vehicle and who holds a full standard heavy goods vehicle licence or a full standard large goods vehicle driver’s licence to drive the vehicle; and
b
unless there is clearly displayed in a conspicuous manner on the front and on the back of the vehicle a distinguishing mark —
i
before the expiry of 5 years after these Regulations come into force, in either form A or B set out in Schedule 2; or
ii
after the expiry of that period in form B set out in that Schedule.
3
The condition specified in paragraph (2)(a) shall not apply whilst the holder of the licence is undergoing a test of competence to drive large goods vehicles of any category, being a test for which provision is made under section 89 of the 1988 Act, and the conditions specified in paragraph (2)(a) and (b) shall not apply in relation to the driving of a large goods vehicle of any category where the holder of the licence has passed such a test for a vehicle of that category.
HGV trainee drivers' licences
12
1
Every hgv trainee driver’s licence shall be subject to the following conditions, which are prescribed conditions for the purposes of paragraph 3(1) of Part I of Schedule 1 to the 1989 Act —
a
that the holder shall not drive a heavy goods vehicle of any class for which the licence is issued or for which the licence is treated as a provisional licence unless the holder is the registered employee of a registered employer named in the licence and either —
i
the vehicle is a heavy goods vehicle of a class to which the holder’s training agreement applies and which is stated in the licence, and the vehicle is owned or operated by that registered employer or by a registered hgv driver training establishment named in the licence; or
ii
the holder is a part-time member of the armed forces of the Crown and the vehicle is owned by the Secretary of State for Defence and used for naval, military or air force purposes, and
b
in the case of a holder of an hgv trainee driver’s full licence, that he shall not drive a heavy goods vehicle of any class for which the licence is issued, if the vehicle is being used to draw a trailer, otherwise than under the supervision of a person who is present with him in the vehicle and who holds a full standard existing heavy goods vehicle licence or a full standard large goods vehicle driver’s licence to drive the vehicle.
2
Subject to paragraphs (3) and (4), an hgv trainee driver’s provisional licence, including an hgv trainee driver’s full licence which is treated as an hgv trainee driver’s provisional licence, shall be subject to the following conditions (additional to that prescribed by paragraph (1) above), which are prescribed conditions for the purposes of paragraph 3(1) of Part I of Schedule 1 to the 1989 Act, that is to say, that the holder shall not drive a heavy goods vehicle of any class which he may drive by virtue of the licence —
a
otherwise than under the supervision of a person who is present with him in the vehicle and who holds a full standard existing heavy goods vehicle licence or a full standard large goods vehicle driver’s licence to drive the vehicle;
b
unless there is clearly displayed in a conspicuous manner on the front and on the back of the vehicle a distinguishing mark —
i
before the expiry of 5 years after these Regulations come into force in either form A or B set out in Schedule 2;
ii
after the expiry of that period, in form B set out in that Schedule;
c
if the vehicle is being used to draw a trailer, unless the combination of the vehicle and trailer falls within category C plus E.
3
The condition specified in paragraph (2)(a) shall not apply while the holder of an hgv trainee driver’s provisional licence (including a full licence which is treated as a provisional licence) is undergoing a test of competence to drive large goods vehicles of any category, being a test for which provision is made under section 89 of the 1988 Act.
4
Where the holder of an hgv trainee driver’s provisional licence (including a full licence which is treated as a provisional licence) has passed a test for a large goods vehicle of a category for which the licence is, or is treated as, a provisional licence, the conditions specified in paragraph (2) (except (a) where the vehicle is in category C and is being used to draw a trailer or is in category C plus E) shall not apply so far as regards the driving of a vehicle in that category.
5
In this regulation, unless the context otherwise requires —
“registered” means registered for the time being by the Training Committee in accordance with the relevant provisions of the training scheme;
“training agreement”, in relation to an individual who is undergoing, or is to undergo, hgv driver training, means his agreement therefor with his registered employer in pursuance of the training scheme;
“the Training Committee” means the Committee which has been established by the employers' associations and the trade unions in the road goods transport industry with a constitution approved by the Secretary of State and which is known as the National Joint Training Committee for Young HGV Drivers in the Road Goods Transport Industry;
“the training scheme” means the scheme which has been established by the Training Committee with the approval of the Secretary of State (given for the purpose of regulations under section 101 of the 1988 Act before the date of coming into force of these Regulations) for training young drivers of heavy goods vehicles and which provides for —
the registration by the Training Committee of employers who are willing and able to provide hgv driver training for persons employed by them,
the registration by the Training Committee of persons operating establishments for providing hgv driver training,
a syllabus for hgv driver training, and
the registration by the Training Committee of individual employees who are undergoing, or are to undergo, hgv driver training in the service of a registered employer in accordance with a form of agreement approved by the Training Committee.
PART IV
SUPPLEMENTARY
Issue of existing licence after reconsideration or appeal
13
Where a heavy goods vehicle or public service vehicle licence is issued as a result of any reconsideration by, or appeal from, a licensing authority under section 116 of the 1988 Act or section 23 of the 1981 Act, which was continued under section 1(3) of the 1989 Act, that licence shall be issued in the form of an existing licence and the person to whom it is issued shall sign it in ink with his usual signature.
Service personnel
14
The functions of the traffic commissioners under these Regulations shall, except where the context otherwise requires, be exercisable in relation to holders of licences subject to the Naval Discipline Act 1957 , to military law or to air force law who are not resident in Great Britain by the traffic commissioner for the South Eastern Traffic Area.
Northern Ireland licences
15
1
For the purposes of paragraph 9(2) of Part I of Schedule 1 to the 1989 Act the prescribed traffic commissioner is the traffic commissioner for the North Western Traffic Area.
2
For the purposes of paragraph 9(4) of Part I of Schedule 1 to the 1989 Act the prescribed magistrates' court or prescribed sheriff to whom the holder of an existing Northern Ireland licence who is not resident in Great Britain and who is aggrieved may appeal are —
i
such a magistrates' court or sheriff as he may nominate at the time he puts down his appeal, or
ii
in the absence of a nomination of a particular court under sub-paragraph (i) above, the magistrates' court in whose area the office of the traffic commissioner for the North Western Traffic Area is situated.
Entitlement to drive large goods and passenger-carrying vehicles
16
The holder of a licence other than an hgv trainee driver’s licence conferring entitlement to drive vehicles of a class specified in an entry in column (1) of Part I or Part II, as the case may be, of the table in Schedule 3 (including a licence conferring such entitlement by virtue of regulation 11(1)) shall also be entitled during the currency of that licence to drive large goods and passenger-carrying vehicles of a category specified in the entry opposite thereto in column (2) of Part I or II, as the case may be, of that table, and in respect of a licence for vehicles in class 3 or 3A which is restricted to vehicles having a permissible maximum weight not exceeding 10 tonnes by virtue of —
a
paragraph 3(3) and (5) of Schedule 2 to the Road Traffic (Drivers' Ages and Hours of Work) Act 1976 ; or
b
paragraph (1) or (2) of regulation 31 of the Heavy Goods Vehicles (Drivers' Licences) Regulations 1977 before they ceased to have effect with the repeal of Part IV of the 1988 Act by section 1 of the 1989 Act,
without any such restriction.
Offences
17
The holder of a licence who contravenes, or fails to comply without reasonable excuse, with, any provision of regulation 3, 4, 5, 6(1) and (2), 8 or 13 shall be guilty of an offence.
Signed by authority of the Secretary of State for Transport
Christopher Chope
Parliamentary Under Secretary of State,
Department of Transport
14th December 1990


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Categorisation of Earners) Amendment Regulations 1990 and shall come into force on 16th October 1990.
2
In these Regulations “the principal Regulations ” means the Social Security (Categorisation of Earners) Regulations 1978 , and unless the context otherwise requires references to Schedules and to paragraphs of Schedules are references to Schedules to the principal Regulations and to paragraphs of those Schedules.
Amendment of Schedule 1
2
In Schedule 1 (treatment of earners in one category of earners as falling within another category and disregard of employments) for paragraph 1 in Column (A) of Part I there shall be substituted the following paragraph —
1
Employment —
a
as an office cleaner or as an operative in any similar capacity in any premises other than those used as a private dwelling-house; or
b
as a cleaner of any telephone apparatus and associated fixtures, other than of apparatus and fixtures in premises used as a private dwelling-house.
.
Amendment of Schedule 3
3
1
In Schedule 3 (employments in respect of which persons are treated as secondary Class 1 contributors) for paragraph 1 in Column (A) there shall be substituted the following paragraph —
1
Employment —
a
as an office cleaner or as an operative in any similar capacity in any premises other than those used as a private dwelling-house; or
b
as a cleaner of any telephone apparatus and associated fixtures, other than of apparatus and fixtures in premises used as a private dwelling-house.
.
2
In paragraph 2(c) in Column (B) of Schedule 3, for the words “regulation 113(1)(b) of the Social Security (Contributions) Regulations 1975” there shall be substituted the words “regulation 119(1)(b) of the Social Security (Contributions) Regulations 1979 ”.
Signed by the authority of the Secretary of State for Social Security. Henley
Parliamentary Under-Secretary of State,
Department of Social Security
18th September 1990


text:
1
These Regulations may be cited as the Rules of the Air Regulations 1990, and shall come into force on 1st December 1990.
2
The Rules set forth in the Schedule hereto are hereby prescribed as the Rules of the Air.
3
The following Regulations are hereby revoked, that is to say:
The Rules of the Air and Air Traffic Control Regulations 1985 ;
The Rules of the Air and Air Traffic Control (Amendment) Regulations 1986 ;
The Rules of the Air and Air Traffic Control (Second Amendment) Regulations 1986 ;
The Rules of the Air and Air Traffic Control (Third Amendment) Regulations 1987 ;
The Rules of the Air and Air Traffic Control (Fourth Amendment) Regulations 1987
The Rules of the Air and Air Traffic Control (Fifth Amendment) Regulations 1989
Signed by authority of the Secretary of State for Transport
Lord Brabazon of Tara
Minister of State,
Department of Transport
12th November 1990


text:
Citation and commencement
1
This Order may be cited as the Education (Inner London Education Authority) (Staff Transfer) (No. 2) Order 1990 and shall come into force on 1st April 1990.
Interpretation
2
1
In this Order–
“the principal Order ” means the Education (Inner London Education Authority) (Staff Transfer) Order 1990 ; and
“designated” means designated for the purposes of section 172 of the Education Reform Act 1988 in relation to the London Residuary Body.
2
Expressions used in this Order have the meaning they bear in the principal Order.
Amendment of the principal Order
3
1
The principal Order is amended in accordance with the provisions of this article.
2
In article 3(1)(a) and (b) thereof for the words “on 29th September 1989” there shall be substituted the words “at any time during the period beginning on 29th September 1989 and ending on 28th February 1990”, and in article 3(1)(c) thereof for the words “29th September 1989” there shall be substituted the words “28th February 1990”.
3
In article 3(2)(b) thereof for the words “so worked” there shall be substituted the words “worked while so employed”.
4
In Schedule 2 thereto there shall be inserted, at the appropriate place in alphabetical order, the following words:
Tower Hamlets College Tower Hamlets
.
5
Subject to paragraph (6) below Schedule 2 to this Order shall have effect for the purpose of amending Schedule 3 to the principal Order.
6
Article 4 of the principal Order shall have effect in relation to any person who falls within a class or description added to Schedule 3 thereto by virtue of paragraph (5) above with the substitution for the words “29th September 1989”, wherever they appear, of the words “28th February 1990”.
Designation of employees of ILEA
4
Any person who is named in Part 1 or Part 2 of Schedule 1 to this Order and who is on 31st March 1990 employed by ILEA is designated.
5
1
Subject to article 4 above, any person employed by ILEA on 31st March 1990 and who on that date falls within a class or description or employees specified in paragraph (2) below is designated.
2
The classes or descriptions of employees are–
a
persons in non-teaching adult education posts who are wholly engaged on duties for the City Literary Institute (also known as The City Lit);
b
hourly-paid tutors and hourly-paid teachers who are engaged on duties for the The City Literary Institute (also known as The City Lit);
c
persons who work in the Horniman Museum or the Geffrye Museum part of the External Relations Branch of ILEA Clerk’s Department, and who are normally located at one of the sites or the premises of the Horniman Museum or the Geffrye Museum;
d
persons in the Ground Maintenance Branch of ILEA’s Department of Building and Property Services who work at one of the sites or the premises of the Horniman Museum or the Geffrye Museum; and
e
persons occupying any post within the Transport Services Division of ILEA’s Supplies and Transport Services Branch specified in Part 3 of Schedule 1 to this Order;
f
persons not falling within sub-paragraph (e) above and occupying any post in any section of the said Transport Services Division specified in Part 4 of Schedule 1 to this Order;
g
persons occupying posts on the date of the making of this Order wholly concerned with the day-to-day on-site management and maintenance of property of ILEA which on 1st April 1990 vests in the London Residuary Body by virtue of section 180 of the Act; and
h
main grade staff who work at the Central Catering College, Cornwall Road, London, SE1.


text:
1
This Order may be cited as the Children (Admissibility of Hearsay Evidence) Order 1990 and shall come into force on 10th March 1990.
2
1
In civil proceedings before the High Court or a county court, evidence given in connection with the upbringing, maintenance or welfare of a child, shall be admissible notwithstanding any rule of law relating to hearsay.
2
In civil proceedings before a juvenile court:–
a
a statement made by a child,
b
a statement made by a person concerned with or having control of a child, that he has assaulted, neglected or ill-treated the child,
c
a statement included in any report made by a guardian ad litem under rule 25(3)(a) of the Magistrates' Courts (Children and Young Persons) Rules 1988 or by a local authority under section 9(1) of the Children and Young Persons Act 1969 ,
shall be admissible as evidence in connection with the upbringing, maintenance or welfare of a child notwithstanding any rule of law relating to hearsay.
Mackay of Clashfern, C.
Dated 1st February 1990


text:
1
This Order may be cited as the Courts and Legal Services Act 1990 (Commencement No. 2) Order 1990.
2
The provisions of the Courts and Legal Services Act 1990 specified in the Schedule hereto shall come into force on 1st January 1991.
Mackay of Clashfern, C.
Dated 7th December 1990


text:
1
The new highway which the Secretary of State proposes to construct along the route described in the Schedule to this Order which connects the Trunk Road with another highway at the places stated in that schedule (the highway along this route being in this Order referred to as “the slip road”) shall become a trunk road as from the date when this Order comes into force.
2
The centre line of the slip road is indicated by a heavy black line on the deposited plan.
3
In this Order —
i
“the deposited plan” means the plan numbered HA10 2E 296 marked “The Leicester-Great Yarmouth Trunk Road (A47) (Etling Green Junction Improve-ment Slip Road)Order 1990”, signed by autho-rity 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 Leicester-Great Yarmouth Trunk Road (A47).
4
This Order shall come into force on 17th July 1990 and may be cited as the Leicester-Great Yarmouth Trunk Road (A47) (Etling Green Junction Improvement Slip Road) Order 1990.
Signed by authority of the Secretary of State for Transport
Peter Emms
Regional Director, Eastern Region,
Department of Transport
25th June 1990


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Service Committees and Tribunal) Amendment (No.2) Regulations 1990, and shall come into force on 17th September 1990.
2
In these Regulations, “the principal Regulations ” means the National Health Service (Service Committees and Tribunal) Regulations 1974 .
Amendment of regulation 2 of the principal Regulations
2
In regulation 2(1) of the principal Regulations (interpretation) for the definition of “optician” there shall be substituted the following definitions: —
“optician” means
in the context of regulation 3(2)(d) and (e) and (6)(c)(iv), a registered ophthalmic optician within the meaning of the Opticians Act 1989 ;
in any other context, a registered ophthalmic optician within the meaning of that Act, or a body corporate enrolled in the list mentioned in section 9(1)(a) of that Act;
“pharmacist” means a registered pharmacist;
.
Amendment of regulation 3 of the principal Regulations
3
In regulation 3 of the principal Regulations (constitution of service committees) —
a
in paragraph (1) for the words “with the consent of the Secretary of State” there shall be substituted the words “where it sees fit”;
b
in paragraph (2) —
i
in sub-paragraph (a) for the words from “of whom three shall be” to “and three shall be” there shall be substituted the words “of whom three shall be lay persons appointed by the Family Health Services Authority and three shall be doctors”,
ii
in sub-paragraph (b) for the words from “of whom three shall be” to “and three shall be” there shall be substituted the words “of whom three shall be lay persons appointed by the Family Health Services Authority and three shall be pharmacists”,
iii
in sub-paragraph (c) for the words from “of whom three shall be” to “and three shall be” there shall be substituted the words “of whom three shall be lay persons appointed by the Family Health Services Authority and three shall be dentists”,
iv
in sub-paragraph (d) for the words from “three” to “lay members of” there shall be substituted the words “three shall be lay persons appointed by”,
v
in sub-paragraph (e) for the words from “of whom two” to “lay members of” there shall be substituted the words “of whom two shall be lay persons appointed by”,
vi
in sub-paragraph (f) for heads (i) and (ii) there shall be substituted the following heads: —
i
in the case of the lay members, not fewer than three lay persons,
ii
in the case of the other members, not fewer than three professional persons,
,
vii
sub-paragraph (g) shall be omitted,
viii
in sub-paragraph (h) for the word “hearing” in each instance where it occurs there shall be substituted the word “investigation”;
c
in paragraph (3) —
i
for sub-paragraphs (a) and (b) there shall be substituted the following sub-paragraphs: —
a
The chairman shall be appointed by the Family Health Services Authority.
b
Any lay person shall be eligible for appointment as chairman.
,
ii
sub-paragraph (c) shall be omitted;
d
in paragraph (5) for the words “The Committee” there shall be substituted the words “Subject to paragraph (5A), the Family Health Services Authority”;
e
for paragraph (6) there shall be substituted the following paragraphs: —
5A
A person who is a member of a service committee shall cease to hold office —
a
where he is the chairman or a lay member, on his ceasing to be a lay person;
b
where he is a member not mentioned in sub-paragraph (a), on his ceasing to be a professional person.
6
In this regulation —
a
“lay member” means, in relation to a service committee, any member (other than the chairman) who is a lay person;
b
“lay person” means a person who is not and never has been —
i
a practitioner, a chemist or an optician, nor
ii
a registered dispensing optician within the meaning of the Opticians Act 1989, nor
iii
a registered nurse, a registered midwife or a registered health visitor , nor
iv
an officer of, or otherwise employed by, any Family Health Services Authority, Regional Health Authority, District Health Authority or Community Health Council;
c
“professional person” means —
i
in the case of the medical service committee, a doctor,
ii
in the case of the dental service committee, a dentist,
iii
in the case of the pharmaceutical service committee, a pharmacist,
iv
in the case of the ophthalmic service committee, an ophthalmic medical practitioner or an optician.
.
Amendment of regulation 13 of the principal Regulations
4
In regulation 13(1) (appointment of denture conciliation committees) —
a
for the words “a member of the Committee not being a dentist” in both instances where they occur there shall be substituted the words “a lay person”;
b
for “paragraph (5)” there shall be substituted “paragraph (5), (5A) and (6)”.
Amendment of regulation 15 of the principal Regulations
5
1
In regulation 15 of the principal Regulations (procedure in dental prior approval cases), in sub-paragraph (b) of the proviso in paragraph (1), there shall be added at the end the words “within one month of notice having been sent to him as to the nature of the requirement which the Secretary of State is minded to make”.
2
That regulation shall, in its application to any matter which falls to be determined by the Secretary of State following a complaint of which notice was given, or following a reference under regulation 6(6)(a) which was made, before 2nd April 1990, have effect as if this regulation had not come into force.
Insertion of a new regulation 53A in the principal Regulations
6
After regulation 53 of the principal Regulations there shall be inserted the following regulation: —
Referral of matters to professional bodies
53A
1
Where, in relation to any complaint or reference made under Part II of these Regulations —
a
a Family Health Services Authority makes a determination under regulation 10(1); and
b
having regard to the facts found by the service committee in relation to that matter, that Authority considers that the matter should be brought to the attention of the relevant professional body,
it may refer to that body any documents in its possession connected with that complaint or reference.
2
Where, in relation to any complaint or reference under that Part —
a
the Secretary of State
i
receives, pursuant to regulation 10(9), a copy of the report of a service committee and the decision of a Family Health Services Authority thereon, or
ii
makes a determination following a recommendation by a Family Health Services Authorithy under regulation 10(5)(c) or (d) or an appeal under regulation 11; and
b
that matter has not been the subject of a reference by the Family Health Services Authority under paragraph (1); and
c
the Secretary of State considers that the matter should be brought to the attention of the relevant professional body,
he may refer to that body any documents in his possession connected with that complaint or reference.
3
In this regulation, “the relevant professional body” means —
a
in relation to a doctor, the General Medical Council;
b
in relation to a dentist, the General Dental Council;
c
in relation to a pharmacist, the Royal Pharmaceutical Society of Great Britain;
d
in relation to an optician, the General Optical Council
;
Signed by authority of the Secretary of State for Health
Stephen Dorrell
Parliamentary Under-Secretary of State,
Department of Health
22nd August 1990


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Portsmouth Water (Constitution and Regulation) Order 1990 and shall come into force on 31st August 1990.
2
In this Order —
“the 1845 Act ” means the Companies Clauses Consolidation Act 1845 ; and
“the 1863 Act ” means the Companies Clauses Act 1863 .
Approval of proposal contained in the special resolution
2
The proposal contained in the special resolution is hereby approved.
Cessation of local statutory provisions
3
The date specified for the purposes of section 101(2) of the Act as the date on which the local statutory provisions shall cease to have effect and the memorandum and articles shall come into force is 31st August 1990.
Consequential provision
4
The provisions of the Portsmouth Water Acts and Orders 1857 to 1986 referred to in Schedule 2 hereto are repealed to the extent indicated in that Schedule with effect from 31st August 1990.
Chris Patten
One of Her Majesty’s Principal Secretaries of State
1st August 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 principal road as from the date on which the Secretary of State notifies the County Council of Surrey that the new trunk roads, which are to be constructed by the Secretary of State in pursuance of the London — Portsmouth Trunk Road (A3 Milford Bypass and Slip Roads) Order 1990, are open for through traffic.
2
In this Order —
1
all measurements of distance are measured along the route of the Trunk Road;
2
i
“the deposited plan”
means the plan numbered RSE A3/6A/65/2/2 marked “The London — Portsmouth Trunk Road (A3 Milford De-Trunking) 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;
ii
“principal road”
as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State;
iii
“the Trunk Road”
means the London — Portsmouth Trunk Road (A3).
3
This Order shall come into force on 1st December 1990 and may be cited as the London — Portsmouth Trunk Road (A3 Milford De-Trunking) Order 1990.
Signed by authority of the Secretary of State for Transport
J. W. Fellows
Regional Director South East Region
Department of Transport
23rd October 1990


text:
Citation and commencement
1
This Order may be cited as the New Towns (Defects Grants) (Payments to District Councils) (Extensions of Time) Order 1990 and shall come into force on 31st March 1990.
Extensions of time for payments of grants
2
31st March 1994 is appointed for the purposes of section 172(7)(c) of the Local Government and Housing Act 1989 in respect of payment of grants under section 51A of the New Towns Act 1981 to Easington District Council, and 31st March 1991 is appointed in respect of such payments to Sedgefield District Council and to Stevenage Borough Council.
Chris Patten
Secretary of State for the Environment
6th March 1990


text:
Title and commencement
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (England) Amendment No. 3 Order 1990 and shall come into force on 30th July 1990.
Partial revocation and amendment
2
The Food Protection (Emergency Prohibitions) (England) Order 1987 is revoked to the extent that it imposes prohibitions on —
a
the slaughter of a sheep which —
i
is moved from any place in accordance with a consent given under section 2(1) of the Act on or after 30th July 1990 which consent was subject to the condition that the sheep to which it applies should be marked with a green mark; and
ii
has been examined and marked with an ear-tag by a person authorised in that behalf by one of the Ministers; and
b
the supply or having in possession for supply of meat, or food containing meat, derived from a sheep described in paragraph (a) of this article,
and accordingly that Order is further amended in accordance with the following provisions of this Order.
3
In article 6, for paragraph (2) there shall be substituted the following paragraph —
2
Paragraph (1) above shall not apply in the case of —
a
any sheep which was moved to a market in accordance with a consent given under section 2(1) of the Act which consent did not require that the sheep to which it applies should be marked in a manner specified therein;
b
any sheep which was moved from any place in accordance with a consent given under the said section 2(1) on or before 14th January 1990 which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark;
c
any sheep which was moved from any place in accordance with a consent given under the said section 2(1) on or before 30th July 1989 which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark;
d
any sheep which was moved from any place in accordance with a consent given under the said section 2(1) on or before 1st October 1989 which consent was subject to the condition that the sheep to which it applies should be marked with a green mark; or
e
any sheep which —
i
was moved from any place in accordance with a consent given under the said section 2(1) which consent was subject to the condition that the sheep to which it applies should be marked with a red mark; or
ii
was moved from any place in accordance with such a consent given on or after 15th January 1990 which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark; or
iii
was moved from any place in accordance with such a consent given on or after 30th July 1990 which consent was subject to the condition that the sheep to which it applies should be marked with a green mark,
and which, in any case, has been examined and marked with an ear-tag by a person authorised in that behalf by one of the Ministers.
.
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


text:
1
The length of trunk road described in the Schedule to this Order and shown by a broken black line 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 Hertfordshire that the new trunk road is open for through traffic.
2
In this Order: —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“classified road” as a classification for a highway, means that 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;
ii
“the deposited plan” means the plan numbered HA10/2E/278 marked “The A41 LondonBirmingham Trunk Road (East of Tring to East of Bourne End, Berkhamsted) 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;
iii
“the new trunk road” means the trunk road which the Secretary of Stateis authorised to construct in pursuance of theA41 LondonBirmingham Trunk Road (Berkhamsted Bypass) Order 1985 and the A41 London Birmingham Trunk Road (Berkhamsted Bypass)Order 1985 Amendment Order and New Trunk RoadsOrder 1990 ;
iv
“the trunk road” means the LondonBirmingham Trunk Road (A41).
3
This Order shall come into force on 16th March 1990 and may be cited as theA41 LondonBirmingham Trunk Road (East of Tring to East of Bourne End, Berkhamsted) Detrunking Order 1990.
Signed by authority of the Secretary of State for Transport
Peter Emms
Regional Director Eastern Region
Department of Transport
15th February 1990


text:
1
This Order may be cited as the Gipsy Encampments (District of East Cambridgeshire) Order 1990 and shall come into force on 19th October 1990.
2
The area of the District of East Cambridgeshire is designated as an area to which section 10 (prohibition of unauthorised camping in designated areas) of the Caravan Sites Act 1968 applies.
Signed by authority of the Secretary of State
Patrick Nicholls
Parliamentary Under Secretary of State,
Department of the Environment
19th September 1990


text:
Citation and commencement
1
These Regulations may be cited as the Insurance Companies (Credit Insurance) Regulations 1990 and shall come into force on 1st July 1990.
Interpretation
2
1
In these Regulations, except in so far as the context otherwise requires,–
“the 1982 Act ” means the Insurance Companies Act 1982;
“credit insurance business” means all insurance business classified within general business class 14 of Part I of Schedule 2 to the 1982 Act that is not reinsurance;
“equalisation reserve” has the meaning given in regulation 3(1) below;
“the 1981 Regulations ” means the Insurance Companies Regulations 1981 ;
“the 1983 Regulations ” means the Insurance Companies (Accounts and Statements) Regulations 1983 .
2
For the purposes of these Regulations, except where the context otherwise requires, expressions used in these Regulations have the same meanings as in the 1982 Act and the 1981 and 1983 Regulations.
Equalisation reserve
3
1
Subject to regulation 4 below, every company which carries on credit insurance business shall maintain a reserve (in these Regulations referred to as an “equalisation reserve”) determined (at the option of the company) in accordance with one of the four methods set out in Schedule 1 to these Regulations.
2
In applying section 32(5) of the 1982 Act (margins of solvency), the value of the company’s liabilities shall be treated as being increased by the amount of the equalisation reserve.
Exemption from equalisation reserve requirement
4
1
Regulation 3 above shall not apply to a company carrying on credit insurance business where the premiums or contributions receivable in any financial year in respect of its credit insurance business in the United Kingdom are less than 4 per cent of the total premiums or contributions receivable by it in the United Kingdom in that financial year and less than 2,500,000 units of account.
2
For the purposes of paragraph (1) above “premiums or contributions receivable” means the premiums or contributions recorded in the company’s books in respect of a financial year as due to it in respect of contracts relating to credit insurance business commencing in that year or commencing in earlier financial years but not accounted for in the company’s revenue account prior to that financial year, whether or not received by the company during that financial year, after deducting discounts, refunds and rebates of premiums as recorded in respect of the same period and after deducting premiums for reinsurance ceded in respect of that period; and for the purpose of determining whether a premium is due no account shall be taken of any credit arrangements made in respect thereof.
Amendments to the 1981 Regulations
5
The 1981 Regulations shall be amended as follows–
a
in regulation 2 after the definition of “cede” and “cession” there shall be inserted the following definition–
“credit insurance business” has the meaning given in the Insurance Companies (Credit Insurance) Regulations 1990;
b
in paragraph 1(b) of Schedule 2 for the words “and frost (as included in general business class 9)” there shall be substituted the words “, frost (as included in general business class 9) and credit (as included in general business class 14)”;
c
in paragraph 6 of Schedule 3 for the words “subject to paragraphs 7, 8 and 9 below” there shall be substituted the words “subject to paragraphs 6A and B, 7, 8 and 9 below”;
d
after paragraph 6 of Schedule 3 there shall be inserted the following paragraphs–
6A
In the case where the risks covered fall within class 14 of Part I of Schedule 2 to the 1982 Act and where the annual amount of premiums or contributions of the company due in respect of that class for each of the preceding three financial years exceeded 2,500,000 units of account or 4 per cent of the total amount of premiums or contributions receivable by the company, for the amount of units of account given in the table in paragraph 6 above there shall be substituted the amount of 1,400,000 units of account.
6B
Where a company carrying on credit insurance business is required to increase the amount of units of account pursuant to paragraph 6A above, the company shall have:–
a period of three years in which to bring the fund up to 1,000,000 units of account;
a period of five years to bring the fund up to 1,200,000 units of account;
a period of seven years to bring the fund up to 1,400,000 units of account;
such periods to run from the date on which the criteria set out in paragraph 6A are fulfilled.
e
in paragraph 8 of Schedule 3 for the words “6 and 7 above” there shall be substituted the words “6, 6A, 6B and 7 above”.
Amendments to the 1983 Regulations
6
The 1983 Regulations shall be amended as follows–
a
in paragraph (1) of regulation 3,
i
after the definition of “contract of insurance” there shall be inserted the following definition–
“credit insurance business” has the meaning given in the Insurance Companies (Credit Insurance) Regulations 1990;
;
ii
after the definition of “direct and facultative” there shall be inserted the following definition–
“equalisation reserve” has the meaning given in the Insurance Companies (Credit Insurance) Regulations 1990;
;
iii
in paragraph (b) of the definition of “premiums receivable”, for the words “in any other case, the premiums recorded” there shall be substituted the words “except as provided for in paragraph (c) below, in any other case the premiums recorded”;
iv
after paragraph (b) of the definition of “premiums receivable” there shall be inserted the following paragraph–
c
for the purposes of preparing Form 29A or 29B as required by regulation 22A, the premiums recorded in the company’s books in respect of a financial year as due to it in respect of contracts relating to credit insurance business commencing in that year or commencing in earlier financial years but not accounted for in the company’s revenue account prior to that financial year, whether or not received by the company during that financial year, after deducting discounts, refunds and rebates of premiums as re corded in respect of the same period and after deducting premiums for reinsurance ceded in respect of that period; and for the purpose of determining whether a premium is due no account shall be taken of any credit arrangements made in respect thereof;
;
b
after regulation 22 there shall be inserted the following:–
Additional information on direct credit insurance business accepted
22A
Without prejudice to regulation 9 above, every company which carries on credit insurance business shall, in accordance with the requirements of Schedule 2 below, prepare Form 29A or, where it elects to account for any business on a three-year basis, 29B, in respect of each financial year commencing on or after 1 July 1990 and where a financial year commenced before and ends after 1 July 1990 in respect of that part of the financial year falling after that date.
;
c
in Schedule 1, for Form 15 there shall be substituted the Form 15 set out in Schedule 2 to these Regulations;
d
in Schedule 2:–
i
in the rubric after “22” there shall be inserted “,22A”;
ii
after Form 29 there shall be inserted Forms 29A and 29B as set out in Schedule 3 to these Regulations.
John Redwood
Parliamentary Under-Secretary of State,
Department of Trade and Industry
4th June 1990


text:
1
This Order may be cited as the Value Added Tax (Charities) (No. 2) Order 1990 and shall come into force on 1st December 1990.
2
Group 16 (Charities, etc ) of Schedule 5 to the Value Added Tax Act 1983 shall be varied by adding at the end of Note (5):
1990 c. 19 .
1978 c. 29 .
i
a National Health Service trust established under Part I of the National Health Service and Community Care Act 1990 or the National Health Service (Scotland) Act 1978.
John M. Taylor
Thomas Sackville
Two of the Lord Commissioners of Her Majesty’s Treasury
29th October 1990


text:
1
This Order may be cited as the Public Telecommunication System Designation (Cable North (Cumbernauld) Ltd) Order 1990 and shall come into force on 28th February 1990.
2
Each of the Applicable Cabled Systems is hereby designated as a public telecommunication system.
Eric Forth
Parliamentary Under Secretary of State,
Department of Trade and Industry
29th January 1990


text:
1
1
This Order may be cited as the Broadcasting Complaints Commission and Control of Misleading Advertisements (Transitional Provisions) Order 1990 and shall come into force on 1st January 1991.
2
In this Order:
“the 1990 Act ” means the Broadcasting Act 1990;
“the Fourth Channel”, and references to programmes broadcast thereon, shall be construed in accordance with section 10(2) of the Broadcasting Act 1981 ;
“the IBA ” means the Independent Broadcasting Authority;
“the ITC ” means the Independent Television Commission;
“the transfer date” means the day appointed under section 127(1) of the 1990 Act.
2
1
This article applies to a complaint concerning any programme broadcast by the IBA before the transfer date where that complaint either —
a
is made on or after that date, or
b
was made under Part III of the Broadcasting Act 1981 before that date, but has not been disposed of.
2
Part V of the 1990 Act (functions of the Broadcasting Complaints Commission) shall have effect in relation to a complaint to which this article applies as if —
a
section 143(2) of that Act included a reference to a programme broadcast by the IBA before the transfer date;
b
the programme about which the complaint is made had been broadcast by —
i
the ITC in the case of a television programme other than a programme referred to in paragraph (iii) below,
ii
the ITC and the Welsh Authority, in the case of a television programme (other than an advertisement) which had been broadcast by the IBA on the Fourth Channel in Wales and was also provided by the IBA under section 10(1) of the Broadcasting Act 1981 for broadcasting on the Fourth Channel elsewhere in the United Kingdom,
iii
the Welsh Authority in the case of a television programme (other than an advertisement) broadcast by the IBA only on the Fourth Channel in Wales, or
iv
the Radio Authority, in the case of a sound programme;
c
the ITC and the Radio Authority were a broadcasting body within the meaning of Part V of the 1990 Act;
d
the Welsh Authority were not a broadcasting body in relation to any broadcast of advertisements on the Fourth Channel in Wales; and
e
section 145(5) of the 1990 Act (duty of broadcasting body to retain recordings of broadcast programmes) were omitted.
3
In this article, “the Fourth Channel in Wales” has the meaning given by section 47(2) of the Broadcasting Act 1981.
3
1
This article applies to a complaint concerning any advertisement included before the transfer date in any programme or teletext transmission broadcast by the IBA or in any licensed service where that complaint either —
a
is made on or after that date, or
b
was made under regulation 8 or 10 of the Control of Misleading Advertisements Regulations 1988 , as they have effect without the amendments made by paragraph 51 of Schedule 20 to the 1990 Act, before that date, but has not been disposed of.
2
Subject to paragraph (3) below, regulations 2 and 8 to 11 of the Control of Misleading Advertisements Regulations 1988, as they have effect as amended by paragraph 51 of Schedule 20 to the 1990 Act (but subject to sub-paragraph (a)(i) below), shall have effect in relation to a complaint to which this article applies as if —
a
in regulation 2(1) —
i
the amendments made by paragraphs (a) and (c) of paragraph 51(1) of Schedule 20 to the 1990 Act did not have effect;
ii
after the definition of “Director” there were inserted —
“the Fourth Channel in Wales” means the Fourth Channel (which expression is to be construed in accordance with section 10(2) of the Broadcasting Act 1981 ) so far as it consists of programmes broadcast for reception in Wales;
and
iii
before the definition of “the Welsh Authority” there were inserted —
“the transfer date” means the day appointed under section 127(1) of the Broadcasting Act 1990; and
;
b
in regulation 8(1) for the words “or proposed to be included in a licensed service”, there were substituted “in any programme or teletext transmission broadcast by the IBA other than on the Fourth Channel in Wales or in a licensed service before the transfer date”;
c
regulation 8(2) were omitted;
d
in regulation 9(1) for the words from “exercise” onwards, there were substituted “refuse to broadcast the advertisement”;
e
in regulation 10(1) for the words “or proposed to be broadcast on S4C”, there were substituted “in any television programme broadcast on the Fourth Channel in Wales before the transfer date”; and
f
regulation 10(2) were omitted.
3
In relation to a complaint to which this article applies by virtue of sub-paragraph (b) of paragraph (1) above —
a
the IBA shall, as soon as practicable, forward to the ITC any such complaint in relation to an advertisement included in —
i
a television programme, other than one broadcast on the Fourth Channel in Wales, or
ii
a teletext transmission;
b
the IBA shall, as soon as practicable, forward to the Welsh Authority any such complaint in relation to an advertisement included in a television programme broadcast on the Fourth Channel in Wales;
c
the IBA shall, as soon as practicable, forward to the Radio Authority any such complaint in relation to an advertisement included in a sound programme; and
d
the Cable Authority shall, as soon as practicable, forward to the ITC any such complaint in relation to an advertisement included in a licensed service (within the meaning of regulation 2(1) of the Control of Misleading Advertisements Regulations 1988 as it has effect without the amendment made by paragraph 51(1)(c) of Schedule 20 to the 1990 Act);
and anything done under the Control of Misleading Advertisements Regulations 1988(as they have effect without the amendments made by paragraph 51 of Schedule 20 to the 1990 Act) by the IBA or the Cable Authority, as the case may be, may be deemed to be done by the body to whom the complaint is forwarded under this paragraph, if that body thinks fit.
4
There shall be forwarded with a complaint that is forwarded under paragraph (3) above, a record of the action taken by the IBA or Cable Authority, as the case may be, together with any relevant documents in the Authority’s possession.
Kenneth Baker
One of Her Majesty’s Principal Secretaries of State
Home Office
18th December 1990


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Tobacco Products Regulations 1979 (Amendment) Regulations 1990 and shall come into force on 1st April 1990.
2
In these Regulations “the principal Regulations ” means the Tobacco Products Regulations 1979 .
3
Subject to regulation (2) below any word or expression used in these Regulations to which a meaning is given in the principal Regulations has, except where the context otherwise requires, the same meaning in these Regulations.
Amendment of the principal Regulations
2
1
In regulation 3 of the principal Regulations there shall be inserted —
“business day” means a day which is a business day within the meaning of the Bills of Exchange Act 1882 for the purpose of the General Account of the Commissioners of Customs and Excise at the Bank of England in London, and “non-business day” shsall be construed accordingly;
“officer” means the proper officer of Customs and Excise;
“recycling” means reworking the tobacco or tobacco substitute constituents of the tobacco product, and “recycled” shall be construed accordingly;
“repackaging” means the replacement of any packaging or wrapping material which is customary and necessary to enclose and present tobacco products for retail sale purposes, and “repackaged” shall be construed accordingly.
2
For the definition of “materials” in regulation 3 of the principal Regulations there shall be substituted —
“materials” means manufactured and unmanufactured tobacco, tobacco substitutes and tobacco products intended for further manufacture.
3
For regulation 21 of the principal Regulations there shall be substituted —
21
1
Save as the Commissioners may otherwise allow, the occupier of registered premises and any other person commercially concerned with the importation, exportation, supply or use of any tobacco product chargeable with a duty which has not been paid or, which having been paid, has been repaid, shall keep all documents and other records which relate to the receipt, manufacture, storage or disposal of tobacco products, refuse or materials and shall retain them for not less than 2 years from the date of the last entry therein.
2
If requested to do so by an officer the occupier of registered premises and any other person concerned with the commercial importation, exportation, supply or use of any tobacco products chargeable with a duty which has not been paid or, which having been paid, has been repaid, shall produce any relevant documents or other records to which paragraph (1) above applies for inspection by the officer at any reasonable time and place and in a readily legible form, and shall allow the officer to make extracts from, copy or remove the documents or other records for a reasonable period.
3
Save as the Commissioners otherwise allow, the occupier of registered premises shall keep all the documents or other records which he is required by paragraph (1) of this regulation to retain at the relevant registered premises.
4
For regulation 23 of the principal Regulations there shall be substituted —
23
1
Subject to paragraph (3) below, where any tobacco products previously delivered for home use have been returned to registered premises and have been —
a
recycled;
b
repackaged; or
c
otherwise disposed of to the Commissioners' satisfaction,
the Commissioners may, subject to such conditions as they may impose, allow credit for the duty charged on those products.
2
Subject to paragraph (3) below, where any imported tobacco products which have been delivered for home use either directly from their place of importation or from an excise warehouse have been —
a
returned by their importer, for the purpose of recycling or repackaging, to the person outside the United Kingdom who supplied them; or
b
otherwise disposed of to the Commissioners' satisfaction
the Commissioners may, subject to such conditions as they may impose, allow the importer credit for or repay to the importer the duty charged on those products.
3
Save as the Commissioners may otherwise allow, a claim for repayment of, or credit for, duty under this Regulation may only be made in respect of tobacco products of a net weight of not less than 1 kilogram
.
5
In regulation 26(3) at both places where they occur —
a
for the words “working day” there shall be substituted “business day”;
b
for the words “non-working day” there shall be substituted “non-business day”.
Valerie Strachan
Commissioner of Customs and Excise
New Kings Beam House,
22 Upper Ground,
London SE1 9PJ
8th March 1990