text:
Citation and commencement
1
This Order may be cited as the Authorities for London Post-Graduate Teaching Hospitals (Constitution) Amendment Order 1990 and shall come into force on 8th October 1990.
Amendments to 1990 Order
2
The Authorities for London Post-Graduate Teaching Hospitals (Constitution) Order 1990 is amended:
a
by the substitution for the word “to” in the third place where it occurs in article 3 of the word “shall”;
b
by the insertion before the words “Eastman Dental Hospital” in articles 5(2), 5(3) and 7(d) of the words “Board of Governors of the”;
c
by the substitution for the words “National Heart and Chest Hospital” in column (2) in Schedule 1 and in column (1) in Schedule 2 of the words “Royal Brompton National Heart and Lung Hospitals”;
d
by the substitution for the entry “The Brompton Hospital, London SW1” in column (2) in Schedule 2 of the entry “The Royal Brompton and National Heart Hospital, London SW3”.
Transitional provisions
3
Nothing in article 2 of this Order shall affect any right or obligation of any body or person, and any document or instrument (whether made before or after the coming into force of this Order) which refers to the Board of Governors of the National Heart and Chest Hospital shall be read as if it referred to the Board of Governors of the Royal Brompton National Heart and Lung Hospitals.
Signed by authority of the Secretary of State for Health.
Virginia Bottomley
Minister of State,
Department of Health
12th September 1990


type: legislation

jurisdiction: UK

text:
Title and commencement
1
This Order may be cited as the Bass (Specified Areas) (Prohibition of Fishing) Order 1990 and shall come into force on 27th June 1990.
Prohibition
2
Fishing for bass ( Dicentrarchus labrax e by any fishing boat within any part of the areas described in column 1 of the Schedule to this Order is prohibited during the period specified in relation to each area in column 2 thereof.
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 in relation to any fishing boat which is within British fishery limits the powers conferred by paragraphs (2) to (4) of this article.
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 seems to him to be necessary for the purpose mentioned in paragraph (1) of this article 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 subparagraph (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 offence 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 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 18th May 1990.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
21st May 1990
David Hunt
Secretary of State for Wales
21st May 1990
Peter Brooke
Secretary of State for Northern Ireland
29th May 1990


text:
1
The new highway which the Secretary of State proposes to construct along the route described in the Schedule to this Order shall become a trunk road as from the date when this Order comes into force.
2
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk road that —
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question;
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purposes of through traffic.
4
In this Order: —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the deposited plan” means the plan numbered HA10/2E/232 marked “the Leicester — Great Yarmouth Trunk Road (A47) (Narborough Bypass) 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; and
ii
“the new trunk road” means the highway mentioned in article 1 of this Order.
5
This Order shall come into force on 7th August 1990 and may be cited as the Leicester — Great Yarmouth Trunk Road (A47) (Narborough Bypass) Order 1990.
Signed by authority of the Secretary of State for Transport
Peter Emms
Regional Director Eastern Region
Department of Transport
13th July 1990


text:
Title, commencement and extent
1
1
This Order may be cited as the Nitrate Sensitive Areas (Designation) Order 1990 and shall come into force on 1st June 1990.
2
This Order shall apply to England only.
Interpretation
2
1
In this Order, unless the context otherwise requires:
“agreement” means an agreement entered into by the Minister under section 112(2) of the Water Act 1989 as regards agricultural land in an area designated by article 3;
“Agricultural Land Tribunal” means an Agricultural Land Tribunal established under Part V of the Agriculture Act 1947 ;
“arable land” means land used for the production of any crop other than grass;
“autumn sown cereals” means cereals normally sown between 31st July in one year and 1st January in the following year;
“basic scheme agreement” means an agreement whereby a farmer agrees to comply with the obligations set out in Schedule 1;
“controlled waters” means the waters referred to in section 103(1) of the Water Act 1989;
“cover crop” means a crop sown primarily in order to take up nitrogen from the soil in autumn or winter;
“economic optimum” means the amount of inorganic nitrogen fertiliser applied in any year, such that if extra inorganic nitrogen fertiliser were applied in that year, having regard to the crop in question and the characteristics of the land on which it was planted, the cost of applying that fertiliser would be greater than the extra value of the additional yield of the crop produced;
“the farmer” means a person who has an interest in agricultural land in an area designated by article 3 and who has entered into an agreement with the Minister;
“Farm Woodland Scheme” means the Farm Woodland Scheme 1988 ;
“forage crop” means a crop, other than grass, sown in July or August to be cut or grazed in the following autumn or winter;
“grassland” means land on which the vegetation consists predominantly of grass species;
“holding” means all the land farmed as a unit by or on behalf of a farmer;
“inorganic nitrogen fertiliser” means material, containing nitrogen, the main function of which is to provide plant food, and is in the form of inorganic salts obtained by extraction, physical industrial processes, chemical industrial processes, or a combination of any or all of these, and includes calcium cyanamide, and urea and its condensation products;
“the Minister” means the Minister of Agriculture, Fisheries and Food;
“organic nitrogen fertiliser” means animal manure, sewage sludge or any other organic materials containing nitrogen, but excluding calcium cyanamide, and urea and its condensation products;
“pig place” means the facilities needed to house one fattening pig, save that one pig with progeny over 4 weeks old shall be taken to need 6.5 pig places and one pig with weaners up to 4 weeks old shall be taken to need 1.4 pig places;
“poultry place” means the facilities needed to house one chicken (layers), one duck, or two chickens (broilers);
“premium scheme agreement” means an agreement whereby a farmer agrees to comply with the obligations set out in Schedule 2;
“slurry” means animal manure with a dry matter content by weight of less than 15% at any time.
2
In this Order–
a
any reference to a numbered article or Schedule shall be construed as a reference to the article or Schedule so numbered in this Order;
b
any reference in an article or a Schedule to a numbered paragraph shall be construed as a reference to the paragraph so numbered in that article or Schedule; and
c
any reference in a paragraph to a numbered or lettered subparagraph shall be construed as a reference to the subparagraph so numbered or lettered in that paragraph.
Designation of Nitrate Sensitive Areas
3
There are hereby designated as nitrate sensitive areas, referred to in this Order by the names specified in Column 1 of Schedule 3, each of the areas which is shown coloured pink on the map bearing the appropriate number listed in Column 2 of that Schedule opposite each name, each such map being dated 24th April 1990 signed and sealed by the Minister and the Secretary of State for the Environment and deposited at the offices of the Ministry of Agriculture, Fisheries and Food, Nobel House, 17 Smith Square, London, SW1P 3HX.
Applications
4
1
An application to enter into an agreement shall be made in the form prescribed by the Minister.
2
An application by a producer of pigs or poultry which are permanently housed shall be accompanied by a plan showing how the applicant proposes, in order to comply with the obligations specified in Schedule 1 and otherwise avoid the entry of nitrate into controlled waters, to store, handle, transport and dispose of slurry or poultry manure, and to spread it on his own or any other land.
3
An application to enter into an agreement in 1990 shall be made before 1st August 1990.
4
An application to enter into an agreement in 1991 shall be made before 1st June 1991.
5
A farmer who enters into a basic scheme agreement in 1990 may, before 1st June 1991, elect to enter into a premium scheme agreement.
6
The Minister shall not enter into an agreement in respect of an application made after 31st May 1991.
Conditions of entry into an agreement
5
1
Subject to paragraphs (3), (4) and (6) the Minister shall not enter into a basic scheme agreement except in respect of all the land in a nitrate sensitive area occupied by a farmer, or on his behalf, for agricultural purposes.
2
The Minister shall not enter into a premium scheme agreement in respect of any land unless that land is the subject of a basic scheme agreement and has been arable land continuously since 31st July 1989.
3
The Minister may enter into an agreement with a landlord and his tenant notwithstanding the fact that the land is not occupied by the landlord or on his behalf for agricultural purposes.
4
The Minister may enter into an agreement with a farmer in respect of land in a nitrate sensitive area–
a
of which the farmer has the freehold interest; or
b
which the farmer holds under a tenancy from a landlord who has given his consent in writing to the making of an agreement,
although that farmer has other land in that nitrate sensitive area which he holds under a tenancy from a landlord who has not given his consent in writing to the making of an agreement.
5
The Minister shall not enter into a premium scheme agreement in respect of a strip of land unless such strip is at least 15 metres wide.
6
The Minister may refuse to enter into an agreement if he is satisfied that the farmer will be unable to comply with such agreement throughout the whole of its duration but he may enter into an agreement in respect of that part of the farmer’s land in a nitrate sensitive area on which the farmer will be able to comply with such agreement throughout the whole of its duration.
7
A farmer who enters into a premium scheme agreement and agrees to comply with the obligations listed in Option D in Schedule 2 but whose application to enter the Farm Woodland Scheme 1988 is rejected shall, on receipt of written notice of such rejection, notify the Minister with which of the Options A, B or C in that Schedule he will instead comply, and he shall receive payments in respect of the Option so notified in respect of the period of the agreement.
8
The Minister may refuse to enter into an agreement if he is satisfied that any payment under this Order would duplicate any assistance previously given or to be given out of money provided by Parliament or by the European Economic Community.
Monitoring of compliance with agreement
6
An agreement shall contain a provision for the Minister and his servants or agents, where necessary in order to monitor compliance with that agreement or to assess the effectiveness of preventing the entry of nitrate into controlled waters of the measures contained within it–
a
to enter upon any land which is the subject of such agreement;
b
to take samples from the land;
c
to install equipment on the land; and
d
to examine all records kept in compliance with the said agreement.
Payments
7
1
An agreement shall provide that the Minister shall make payments, in accordance with Schedule 4 in respect of land which is the subject of that agreement, following receipt of a claim by the farmer.
2
The rates of payment specified in Schedule 4 above shall be reviewed by the Minister in 1993.
Recovery of Payments
8
1
An agreement shall provide that where the farmer fails without reasonable excuse to comply with any of its provisions the Minister may:
a
by notice in writing terminate the agreement and thereafter withhold the whole or any part of any payment payable to the farmer, and recover the whole or any part of any payment already made to him;
b
withhold the whole or any part of any payment payable to the farmer in respect of the year in which he failed to comply and recover the whole or any part of any payment made to him.
2
Subject to paragraph (3), any question arising under an agreement as to whether the agreement has been complied with shall be determined by the arbitration of a single arbitrator, to be agreed between the parties or, in default of agreement, to be appointed by the President of the Royal Institution of Chartered Surveyors, in accordance with the provisions of the Arbitration Acts 1950–1979.
3
Any dispute as to the economic optimum shall be determined by a person appointed by agreement between the parties or, in the absence of such agreement, by a person appointed by the Chairman of the Regional Panel constituted by the Minister for the area in which the land is situated.
9
1
Where during the period of an agreement there is a change of occupation of the whole or any part of the land which is the subject of such agreement the Minister may withhold the whole or any part of any payment due to the farmer who entered into that agreement and may recover from him or his personal representatives the whole or any part of any payments of aid already paid to him.
2
Paragraph (1) above shall not apply where:
a
the new occupier is a person deriving title from or under the farmer who entered into the agreement; or
b
the change of occupation is the result of:
i
compulsory purchase of the whole or part of the holding; or
ii
the termination of a tenancy following the operation of a notice to quit to which the Agricultural Land Tribunal has consented under section 26(1) of the Agricultural Holdings Act 1986 having been satisfied as to any of the matters specified in section 27(3)(b) to (f) of that Act or the termination of a tenancy following the service of a notice to quit stating that the circumstances in Case A, B, D, G or H of Schedule 3 to that Act apply.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 24th April 1990.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Christopher Patten
Secretary of State for the Environment
26th April 1990
We consent,
Kenneth Carlisle
Thomas Sackville
Two of the Lords Commissioners of Her Majesty’s Treasury
25th April 1990


text:
1
1
This Order may be cited as the Collision Regulations (Seaplanes) (Guernsey) Order 1990 and shall come into force on 16th March 1990.
2
In this Order, “the International Regulations ” means the International Regulations for Preventing Collisions at Sea 1972 as amended by Resolution A.464( XII ) of the International Maritime Organisation and as further amended with effect from 19th November 1989 by Resolution A626(15) of that Organisation.
2
This Order shall apply to seaplanes on the surface of the water while they are within the Bailiwick of Guernsey or the territorial waters adjacent thereto.
3
The Collision Regulations (Seaplanes) (Guernsey) Order 1986 is hereby revoked.
4
The following provisions of the Merchant Shipping (Distress Signals and Prevention of Collisions) Regulations 1989 , as extended, with modifications, to the Bailiwick of Guernsey by the Merchant Shipping (Distress Signals and Prevention of Collisions) (Guernsey) Order 1989 , namely–
a
regulation 1(2) (interpretation) with the modifications specified in the Schedule hereto, and
b
the International Regulations set out in the Schedule thereto with the exception of Annex IV thereof (distress signals)
shall have effect as the collision regulations in relation to seaplanes to which this Order applies for the purposes of sections 418, 419 and 421 of the Merchant Shipping Act 1894 as extended by the Civil Aviation Act 1982.
G. I. de Deney
Clerk of the Privy Council


text:
Citation and commencement
1
1
These Regulations may be cited as the Local Authorities (Discretionary Expenditure) (Relevant Population) Regulations 1990 and shall come into force on 1st April 1990.
2
In these Regulations —
“the 1988 Act ” means the Local Government Finance Act 1988 .
Relevant population for purposes of calculating discretionary expenditure limit
2
For the purposes of section 137(4)(b) of the Local Government Act 1972 , the relevant population of the area of an authority specified in column (1) of the Table below shall be determined in relation to that authority by reference to column (2).
TABLE
(1) (2)
An English district council, a London borough council, a Welsh county council, a Welsh district council or the Council of the Isles of Scilly The figure calculated before 12th March 1990 under paragraph 4 of Schedule 12A to the 1988 Act as the relevant population of the area of the authority for the financial year beginning in 1990 An English non-metropolitan county council The aggregate of the relevant population figure for the area of each district council within the county, calculated as mentioned above The Common Council 150,000 A parish or community council The number of local government electors for the area of the authority on the first day of the financial year in question.
Signed by authority of the Secretary of State for the Environment
David Hunt
Minister of State,
Department of the Environment
12th March 1990
Peter Walker
Secretary of State for Wales
12th March 1990


text:
1
This Order may be cited as the Copyright (Certification of Licensing Scheme for Educational Recording of Broadcasts) (Guild Sound and Vision Limited) Order 1990.
2
The licensing scheme set out in the Schedule to this Order is certified for the purposes of section 35 of the Act (recording by educational establishments of broadcasts or cable programmes).
3
The certification under article 2 above shall, for the purposes of section 35 of the Act, come into operation on 30th May 1990.
Douglas Hogg
Minister for Industry and Enterprise,
Department of Trade and Industry
5th April 1990


text:
1
This Order may be cited as the Teachers' Pay and Conditions Act 1987 (Continuation) Order 1990.
2
The Teachers' Pay and Conditions Act 1987 shall not expire on 31st March 1991 but shall continue in force for a further year.
K. Clarke
Secretary of State for Education and Science
10th December 1990


text:
1
This Order may be cited as the Education (Unrecognised Degrees) (Guernsey) Order 1990 and shall come into force on 1st December 1990.
2
1
Sections 214 to 216 of the Education Reform Act 1988 shall extend to the Bailiwick of Guernsey with the adaptations and modifications specified in the following provisions of this article.
2
Any reference to a provision of that Act shall be construed, unless the contrary intention appears, as a reference to it as it has effect in the Bailiwick of Guernsey.
3
In section 214 —
a
for “United Kingdom” wherever those words appear there shall be substituted “Bailiwick of Guernsey”;
b
in subsection (2)(c), for “Secretary of State” there shall be substituted “States of Guernsey Education Council”;
c
in subsections (5)(a) and (6)(a), for “5th July 1988” there shall be substituted “1st October 1990”;
d
subsection (8) shall be omitted , and
e
in subsection (9)(a), for “12th May 1988” there shall be substituted “1st August 1990”.
4
In section 215 —
a
subsection (1) shall be omitted;
b
in subsection (2), for “A duly authorised officer of a local weights and measures authority” there shall be substituted “An officer of police”;
c
in subsection (4) —
i
for “a justice of the peace” and “the justice” there shall be substituted “the Bailiff”;
ii
for “a duly authorised officer” and “an officer of a local weights and measures authority” there shall be substituted “an officer of police”, and
iii
the words from “In the application” to the end shall be omitted;
d
in subsections (5) and (6), after “An officer” there shall be inserted “of police”;
e
subsection (7) shall be omitted, and
f
for subsection (9) there shall be substituted the following subsection:
9
In this section, “officer of police” means —
a
in relation to the Islands of Guernsey, Herm and Jethou, a member of the salaried police force of the Island of Guernsey and, within the limits of his jurisdiction, a member of the special constabulary of the Island of Guernsey;
b
in relation to the Island of Alderney, a member of the said salaried police force, a member of any police force which may be established by the States of Alderney and, within the limits of his jurisdiction, a special constable appointed by the Court of Alderney under section 15 of the Government of Alderney Law 1987;
c
in relation to Sark, the Constable, the Vingtenier and a member of the said police force of the Island of Guernsey.
.
5
In section 216(1) and (2), for “Secretary of State” there shall be substituted “States of Guernsey Education Council”.
G. I. de Deney
Clerk of the Privy Council


text:
1
This Order may be cited as the Education (Gloucestershire College of Arts and Technology (Higher Education) Higher Education Corporation) (Dissolution) Order 1990 and shall come into force on 1st April 1990 immediately after the transfers undersections 126 and 127 of the Act , as they apply in relation to the Corporation by virtue of the 1989 Order , have had effect.
2
In this Order —
“the Act” means the Education Reform Act 1988;
“the Corporation” means Gloucestershire College of Arts and Technology (Higher Education) Higher Education Corporation;
“the 1989 Order” means the Education (Higher Education Corporations) ( No. 7) Order 1989 ; and
“ the Trust ” means the Cheltenham and Gloucester College of Higher Education Trust incorporating the Church of England Foundation of St Paul and St Mary.
3
1
The Corporation is hereby dissolved.
2
The property, rights and liabilities of the Corporation, including the property, rights and liabilities vested in the Corporation by section 126 of the Act as it applies in relation to the Corporation by virtue of the 1989 Order, are hereby transferred to and shall vest in the Trust.
3
In particular any contract of employment which by virtue of section 127(2) of the Act, as it applies in relation to the Corporation by virtue of the 1989 Order, has effect as if originally made between the employee to which it relates and the Corporation shall have effect as if originally made between that employee and the Trust.
4
Without prejudice to paragraph (3) above, all the Corporation’s rights, powers, duties and liabilities under or in connection with any contract to which that paragraph applies shall by virtue of that paragraph be transferred to the Trust, and anything done before 1st April 1990 which is deemed by virtue of section 127(3)(b) of the Act to have been done by or in relation to the Corporation in respect of such a contract shall be deemed from 1st April 1990 to have been done by or in relation to the Trust.
5
Paragraphs (3) and (4) above are without prejudice to any right of an employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions, but no such right shall arise by reason only of the change in employer effected by those paragraphs.
John MacGregor
Secretary of State for Education and Science
7th March 1990


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the West Dorset General Hospitals National Health Service Trust (Establishment) Order 1990 and shall come into force on 21st December 1990.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 21st December 1990;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the West Dorset General Hospitals National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the West Dorset General Hospitals National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to own and manage hospital accommodation and services at the West Dorset Hospital, Damers Road, Dorchester, Dorset DT1 2JY and associated hospitals.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1991.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date in order to enable it to begin to operate satisfactorily from the operational date the trust shall have the limited functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary for the said purpose.
Assistance by health authorities before operational date
7
1
The West Dorset Health Authority shall —
a
until the operational date make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The West Dorset Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the West Dorset Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Stephen Dorrell
Parliamentary Under-Secretary of State,
Department of Health
4th December 1990


text:
Citation, commencement and introduction
1
This Order may be cited as the London Cab (No. 2) Order 1990 and shall come into force on 25th October 1990.
2
The London Cab Order 1934 shall be amended in accordance with the following provisions of this Order.
Approved taximeters
3
In paragraph 35 —
a
in sub-paragraph (2) the words “Subject to sub-paragraph (4) of this paragraph” shall be omitted; and
b
sub-paragraph (4) shall be omitted.
Extra charges
4
In paragraph 41(2)(a) after item (iv) there shall be added —
and;
v
for any hiring which is arranged by telephone £1.20.
.
Signed by authority of the Secretary of State for Transport
Patrick McLoughlin
Parliamentary Under Secretary of State,
Department of Transport
4th October 1990


text:
1
This Order may be cited as the Offshore Installations (Safety Zones) ( No. 3) Order 1990 and shall come into force on 30th April 1990.
2
A safety zone is hereby established around the installation specified in Column 1 of the Schedule hereto (being an installation stationed in waters to which subsection (7) of section 21 of the Act applies) having a radius of five hundred metres from the point as respects that installation which has the coordinates of latitude and longitude according to European Datum (1950) specified in Columns 2 and 3 of the Schedule.
Peter Morrison
Minister of State,
Department of Energy
2nd April 1990


text:
Citation and commencement
1
This Order may be cited as the City of London (Non-Domestic Rating Multiplier) Order 1990, and shall come into force on 28th February 1990.
Interpretation
2
In this Order —
“ the Act ” means the Local Government Finance Act 1988,
“the Distribution Report” means The Revenue Support Grant Distribution Report (England) made by the Secretary of State for the Environment on 20th December 1989 under section 80 of the Act.
Required minimum multiplier
3
The required minimum for the Common Council’s non-domestic rating multiplier for the chargeable financial year beginning in 1990 is the figure equal to 95.905 per cent of the non-domestic rating multiplier specified for the year in accordance with Part I of Schedule 7 to the Act.
Required maximum multiplier
4
1
The required maximum for the Common Council’s non-domestic rating multiplier for the chargeable financial year beginning in 1990 is the figure calculated in accordance with the formula
A + ( B / C )
where —
A is the required minimum for the Common Council’s non-domestic rating multiplier calculated for the year in accordance with article 3 of this Order,
B is 99% of the amount by which the amount calculated by the Common Council under section 95(4) of the Act for the year exceeds the standard spending assessment calculated for the Council for the year in accordance with the provisions of the Distribution Report, and
C is the total of the rateable values shown in the Common Council’s local non-domestic rating list which the valuation officer for the authority proposes to compile on 1st April 1990 and which he has sent to the authority under section 41(5) of the Act , multiplied by 0.966.
2
In calculating the required maximum under paragraph (1), a part of a whole (if any) shall be calculated to three decimal places only —
a
adding one thousandth where (apart from this paragraph) there would be more than five ten-thousandths, and
b
ignoring the ten-thousandths where (apart from this paragraph) there would be five, or less than five, ten-thousandths,
provided that if the resulting figure would be equal to or less than the required minimum for the year, this paragraph shall apply as if in sub-paragraph (a) for “more than five” there were substituted “one or more” and sub-paragraph (b) were disregarded.
Chris Patten
Secretary of State for the Environment
26th February 1990


text:
Citation, commencement and interpretation
1
1
This Act of Sederunt may be cited as the Act of Sederunt (Applications under the Social Security Act 1986) 1990 and shall come into force on 3rd December 1990.
2
This Act of Sederunt shall be inserted in the Books of Sederunt.
3
In this Act of Sederunt, “the 1986 Act ” means the Social Security Act 1986 , and, unless the context otherwise requires, words and expressions used in this Act of Sederunt which are also used in the 1986 Act shall have the meaning assigned to them by that Act.
Applications under section 24 of the 1986 Act
2
1
An application to the sheriff under section 24(1) of the 1986 Act (recovery of expenditure on benefit from person liable for maintenance) shall be by summary application.
2
Where, in such an application, a sum is craved which represents or includes a personal allowance element, that element shall be identified separately in the application.
Transfer of rights under section 24A of the 1986 Act
3
1
The sheriff clerk, on receiving notice from the Secretary of State of a transfer of rights to an order by virtue of section 24A(3) or (7) of the 1986 Act , shall endorse on the interlocutor sheet a certificate as nearly as may be in accordance with the form set out in the Schedule to this Act of Sederunt.
2
Where, following a transfer by virtue of section 24A(3) or (7) of the 1986 Act, the dependent parent or the Secretary of State requests an extract of the order originally granted, the sheriff clerk shall issue an extract with a certified copy of the latest certificate referred to in sub-paragraph (1) of this paragraph endorsed on it.
Notice to Secretary of State under section 24B(5) of the 1986 Act
4
The notice required to be given to the Secretary of State by the sheriff clerk in accordance with section 24B(5) of the 1986 Act (notice of application to vary etc a maintenance order) as read with regulation 3 of the Income Support (Liable Relatives) Regulations 1990 , shall–
a
be in writing;
b
specify any date assigned for the hearing of the application;
c
be accompanied by a copy of the application; and
d
be sent by recorded delivery post.
Notice to Secretary of State of making of maintenance order
5
Where an order granted by the sheriff in favour of the Secretary of State under section 24(4) of the 1986 Act has been transferred to the dependent relative in accordance with section 24A(3) of that Act and a maintenance order is subsequently granted by the sheriff in favour of the dependent relative, the sheriff clerk shall forthwith notify the Secretary of State in writing and by recorded delivery post of the granting of the maintenance order.
Amendment of Ordinary Cause Rules
6
In the First Schedule of the Sheriff Courts (Scotland) Act 1907 , after Ordinary Cause Rule 132E, insert the following rule:–
Specification of prior maintenance orders
132F
In any proceedings in which an order for aliment or periodical allowance is sought, or is sought to be varied or recalled, by any party, the pleadings of that party shall contain an averment specifying whether and, if so, when and by whom, a maintenance order (within the meaning of section 106 of the Debtors (Scotland) Act 1987 ) has been granted in favour of or against that party or of any other person in respect of whom the order is sought.
.
J.A.D. Hope
Lord President, IPD
Edinburgh
8th November 1990


text:
1
This Order may be cited as the Manston Airport Shops Order 1990 and shall come into force on 10th May 1990.
2
Manston Airport is hereby designated for the purposes of section 1 of the Shops (Airports) Act 1962 , as being an airport at which there appears to the Secretary of State to be a substantial amount of international passenger traffic.
Signed by authority of theSecretary of State for Transport
A J Goldman
An Under Secretary in theDepartment of Transport
25th April 1990


text:
1
The new highways which the Secretary of State proposes to construct along the routes described in the Schedule to this Order shall become trunk roads as from the date when this Order comes into force.
2
The centre line of each of the new trunk roads is indicated by a heavy black line on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of any of the new trunk roads that —
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purpose of through traffic.
4
In this Order —
1
all measurements of distance are measured along the route of the relevant highway;
2
a
“the deposited plan” means the plan folio numbered HA10/2E/301 marked “The A6 London — Inverness Trunk Road (Rothwell Interchange and Slip Roads) Order 1990” containing one map signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3EY;
b
“the new trunk roads” means the highways mentioned in article 1 of this Order;(c) “the A6 Trunk Road” means the part of the A6 London — Carlisle — Glasgow — Inverness Trunk Road known as Kettering Road, Rothwell in the County of Northamptonshire.
5
This Order shall come into force on 24th January 1991 and may be cited as the A6 London — Inverness Trunk Road (Rothwell Interchange and Slip Roads) Order 1990.
Signed by authority of the Secretary of State for Transport
D. J. Morrison
Regional Director East Midlands Region
Department of Transport
5thDecember 1990


text:
1
1
These Rules may be cited as the Patents (Fees) Rules 1990 and shall come into force on 10th September 1990.
2
The Patents (Fees) Rules 1989 are hereby revoked.
2
These Rules shall be construed as one with the Patent Rules 1982 and, to the extent that they continue to apply in relation to existing patents and existing applications, to the Patents Rules 1968 .
3
The fees to be paid in respect of any matters arising under the Patents Act 1949 or the Patents Act 1977 shall be those specified in the Schedule to these Rules; and in any case where a form specified in the Schedule as the corresponding form in relation to any matter is required by the Patents Rules 1968 or the Patents Rules 1982 to be used, that form shall be accompanied by the fee specified in respect of that matter or, where payment may be made within a prescribed period of time after the form has been filed, the fee so specified shall be paid within that period.
Douglas Hogg
Department of Trade and Industry
13th August 1990
We consent to the making of these Rules.
Michael Fallon
Kenneth Carlisle
Two of the Lords Commissioners of Her Majesty’s Treasury
16th August 1990


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Charging Authorities (Notification of Population to Precepting Authorities) (England) Regulations 1990 and shall come into force on 24th January 1990.
2
These Regulations apply to England only.
Interpretation
2
In these Regulations —
“ the Act ” means the Local Government Finance Act 1988;
“appropriate parish authority” in relation to a charging authority means a parish council, or charter trustees or the chairman of a parish meeting, having power to precept on the charging authority;
“appropriate principal authority” in relation to a charging authority means a county council, or the Receiver for the Metropolitan Police District, having power to precept on the charging authority;
“charging authority” means an English charging authority;
“Temples authority” means the sub-treasurer of the Inner Temple and the under-treasurer of the Middle Temple;
“working day” means a day which is not a Saturday, Sunday or bank holiday.
Notification to appropriate principal authorities
3
1
A charging authority shall supply to an appropriate principal authority the information prescribed in paragraph (2) within the period prescribed in paragraph (3).
2
The information is —
a
where part of the charging authority’s area falls within the area of the appropriate principal authority, the relevant population of that part calculated for a chargeable financial year under paragraph 6 of Schedule 12A to the Act
b
where expenses of the appropriate principal authority are its special expenses by virtue of section 70(2) of the Act , the relevant population of the part of the charging authority’s area to which those expenses relate, calculated for a chargeable financial year under paragraph 6 of Schedule 12A to the Act.
3
The period is the period of 3 working days beginning with the day on which the population was calculated in accordance with paragraph 6 of Schedule 12A to the Act.
4
1
Subject to paragraph (2) below, where an appropriate principal authority has notified a charging authority that it requires the information prescribed in paragraph (3), the charging authority shall supply that information to the principal authority within the period prescribed in paragraph(4).
2
A charging authority shall not be required to supply the information prescribed in paragraph (3) if at the time at which the charging authority was notified, or after that time but before the authority has supplied the information, the authority is required under regulation 3 to these Regulatons to supply to the appropriate principal authority the relevant population, calculated for the chargeable financial year in relation to which the notification under paragraph (1) was made, of the part of the area in relation to which that notification was made.
3
The information is the charging authority’s estimate of the relevant population which it would calculate under paragraph 6 of Schedule 12A to the Act for a part of its area if the relevant population of that part needed to be found for the purposes of section 69 of the Act .
4
The period is the period of 10 working days beginning with the day on which the charging authority was notified by the appropriate principal authority that the information was required.
Notification to appropriate parish authorities and Temples authorities
5
1
Where an appropriate parish authority, or a Temples authority with power to precept on the charging authority, has notified a charging authority that it requires the information prescribed in paragraph (2), the charging authority shall supply that information to the parish authority or Temples authority within the period prescribed in paragraph (3).
2
The information is the relevant population of the area of the parish or of the area of the Inner or Middle Temple (as the case may be) calculated by the authority for a chargeable financial year under paragraph 6 of Schedule 12A to the Act, or the charging authority’s estimate of the relevantpopulation which would be so calculated if it needed to be found for the purposes of section 69 of the Act.
3
The period is the period of 10 working days beginning with the day on which the charging authority was notified by the appropriate parish or the Temples authority that the information was required.
Chris Patte
Secretary of State for the Environment
22nd January 1990


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Cardiothoracic Centre — Liverpool National Health Service Trust (Establishment) Order 1990 and shall come into force on 21st December 1990.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 21st December 1990;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means The Cardiothoracic Centre — Liverpool National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called The Cardiothoracic Centre — Liverpool National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to own and manage hospital accommodation and services at the Cardiothoracic Centre Liverpool, Thomas Drive, Liverpool L14 3LB including the management of its research facilities.
Directors of the trust
4
The trust shall have, in addition to the chairman, 4 non-executive directors and 4 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1991.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date in order to enable it to begin to operate satisfactorily from the operational date the trust shall have the limited functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary for the said purpose.
Assistance by health authorities before operational date
7
1
The Liverpool Health Authority shall —
a
until the operational date make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The Liverpool Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the Liverpool Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Virginia Bottomley
Minister of State,
Department of Health
4th December 1990


text:
Title and commencement
1
This Order may be cited as the Central and Tayside Regions and Stirling and Perth and Kinross Districts (Loch Earn/Loch Tay) Boundaries Amendment Order 1990, and shall come into force on 1st April 1990.
Interpretation
2
In this Order–
“the 1977 Regulations ” means the Local Government Area Changes (Scotland) Regulations 1977 ; and
“boundary map 1” means the map prepared by the Scottish Office, marked “The Central and Tayside Regions and Stirling and Perth & Kinross Districts (Loch Earn/Loch Tay) Boundaries Amendment Order 1990 Map 1” and deposited in accordance with regulation 3 of the 1977 Regulations;
“boundary map 2” means the map prepared by the Scottish Office, marked “The Central and Tayside Regions and Stirling and Perth & Kinross Districts (Loch Earn/Loch Tay) Boundaries Amendment Order 1990 Map 2” and deposited in accordance with regulation 3 of the 1977 Regulations;
and, in the Schedule to this Order, any reference to a boundary of a region is a reference to a boundary existing immediately before the commencement of this Order.
Application of the 1977 Regulations
3
Save insofar as they can have no application in relation to the area changes effected by this Order, the provisions of the 1977 Regulations shall apply in relation thereto for the purposes of, or in consequence of, this Order.
Area changes
4
Those parts of Perth and Kinross District in Tayside Region, being–
a
the area A at Loch Earn described in the Schedule to this Order and shown delineated, hatched and marked “Area A” on boundary map 1, and
b
the area B at Loch Tay described in the Schedule to this Order and shown delineated, hatched and marked “Area B” on boundary map 2,
shall be transferred to Stirling District in Central Region.
Consequential changes of electoral arrangements
5
1
Area A described in the Schedule to this Order (being the area A transferred by article 4 of this Order)–
a
shall cease to form part of electoral division 41 (Strathearn) of Tayside Region and of ward 19 (West Strathearn) of Perth and Kinross District ; and
b
shall form part of electoral division 11 (Queensland) of Central Region and of ward 9 (Callander) of Stirling District .
2
Area B described in the Schedule to this Order (being the area B transferred by article 4 of this Order)–
a
shall cease to form part of electoral division 38 (Atholl, Breadalbane and Rannoch) of Tayside Region and of ward 13 (Aberfeldy) of Perth and Kinross District; and
b
shall form part of electoral division 11 (Queensland) of Central Region and of ward 9 (Callander) of Stirling District.
James Douglas-Hamilton
Parliamentary Under Secretary of State, Scottish Office
St. Andrew’s House,
Edinburgh
21st February 1990


text:
1
1
These Regulations may be cited as the Education (Assisted Places) (Incidental Expenses) (Amendment) Regulations 1990 and shall come into force on 21st August 1990.
2
These Regulations shall apply in relation to a school year beginning on or after the date mentioned in paragraph (1).
3
In these Regulations a reference to the principal Expenses Regulations is a reference to the Education (Assisted Places) (Incidental Expenses) Regulations 1989 .
2
For paragraphs (3) and (4) of regulation 3 of the principal Expenses Regulations (uniform grants) there shall be substituted the following paragraphs —
3
In a pupil’s first assisted year, uniform grant shall be payable in the case of an assisted pupil as respects whom the relevant income does not exceed £9,151 and in such case the grant shall be of an amount equal to so much of the clothing expenditure as does not exceed —
a
£140, where the relevant income does not exceed £8,034;
b
£105, where that income exceeds £8,034 but does not exceed £8,407;
c
£69, where that income exceeds £8,407 but does not exceed £8,769;
d
£35, where that income exceeds £8,769 but does not exceed £9,151:
Provided that any uniform grant which would fall to be paid in a pupil’s first assisted year may be paid during the period commencing on 21st August 1990 and ending when that year begins.
4
In any subsequent school year uniform grant shall be payable in the case of an assisted pupil as respects whom the relevant income does not exceed £8,769 and in such case the grant shall be of an amount equal to so much of the clothing expenditure (disregarding expenditure in respect of which a previous grant has been paid) as does not exceed —
a
£52, where the relevant income does not exceed £8,234;
b
£26, where that income exceeds £8,234 but does not exceed £8,769.
.
3
In regulation 4(5) of the principal Expenses Regulations (school travel grants)for the sums “£7,595” and “£7,416” there shall be substituted the sums “£8,213” and “£8,034” respectively.
John MacGregor
Secretary of State for Education and Science
26th July 1990
David Hunt
Secretary of State for Wales
26th July 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 this Order comes into force.
2
In this Order —
1
all measurements of distance are measured along the route of the relevant highway; and
2
i
“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;
ii
“the deposited plan” means the plan numbered HA10/YHRO 22, marked “The A16 Trunk Road (Great Grimsby Borough Boundary to Toll Bar Roundabout) (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 trunk road” means A16 Trunk Road.
3
This Order shall come into force on 14th June 1990 and may be cited as the A16 Trunk Road (Great Grimsby Borough Boundary to Toll Bar Roundabout) (Detrunking) Order 1990.
Signed by authority of the Secretary of State for Transport
J. P. Henry
Regional Director, Yorkshire and Humberside Region,
Department of Transport
16th May 1990


text:
1
This Order may be cited as the Public Telecommunication System Designation (East Coast Cable Ltd) (Ipswich and Colchester) Order 1990 and shall come into force on 17th August 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
12th July 1990


text:
Title, extent, commencement and interpretation
1
1
This Order may be cited as the Import and Export (Plant Health Fees) (England and Wales) (Amendment) Order 1990, shall apply to England and Wales and shall come into force on 1st June 1990.
2
In this Order “the principal Order ” means the Import and Export (Plant Health Fees) (England and Wales) Order 1988 .
Amendment of the principal Order
2
For Schedule 2 to the principal Order (fees in respect of import licensing services) there shall be substituted the provisions of the Schedule to this Order.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 10th May 1990.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
David Hunt
Secretary of State for Wales
9th May 1990
We consent,
John Major
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
11th May 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 trunk road and shall be classified as —
a
a principal road from the M20/A20 roundabout at Castle Hill to and including Hill Road roundabout,
b
a classified road from the Hill Road roundabout to York Street North roundabout, and
c
a principal road from and including York Street North roundabout and York Street South roundabout,
as from the date on which the Secretary of State notifies the County Council of Kent that the new trunk roads are open for through traffic.
2
In this Order —
i
“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 but is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State;
ii
“classified road” as a classification for a new 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;
iii
“the deposited plan” means the plan numbered RSE A20/2/65/2/1, marked “The London-Folkestone-Dover Trunk Road A20 (Folkestone-Dover Section 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 trunk roads to be provided in pursuance of the Channel Tunnel Act 1987 and the London-Folkestone- Dover Trunk Road A20 (Dawkinge Wood to Court Wood Section and Slip Roads) Order 1990 and the London-Folkestone- Dover Trunk Road A20 (Court Wood to Dover Section) Order 1990 ; and
v
“the Trunk Road” means the London-Folkestone-Dover Trunk Road (A20).
3
This Order shall come into force on 16th March 1990 and may be cited as the London-Folkestone-Dover Trunk Road A20 (Folkestone-Dover Section Detrunking) Order 1990.
Signed by authority of the Secretary of State for Transport
D Gruffydd Jones
Regional Director South East Regional Office
Department of Transport
5th February 1990


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the East Gloucestershire National Health Service Trust (Establishment) Order 1990 and shall come into force on 21st December 1990.
2
In this Order unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State has a function to provide under sections 3(1)(d) or (e) or 5(1)(a) and (1A) of, or Schedule 1 to, the National Health Service Act 1977 ;
“establishment date” means 21st December 1990;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means East Gloucestershire National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called East Gloucestershire National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be–
a
to own and manage hospital accommodation and services at Cheltenham General Hospital, Sandford Road, Cheltenham, Gloucestershire GL53 7AN and associated hospitals;
b
to manage community health services from Burlington House, Lypiatt Road, Cheltenham GL50 2QN and to own the premises there from which those services are to be provided and any associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1991.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date in order to enable it to begin to operate satisfactorily from the operational date the trust shall have the limited functions–
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary for the said purpose.
Assistance by health authorities before operational date
7
1
The Cheltenham and District Health Authority shall–
a
until the operational date make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The Cheltenham and District Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are–
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the Cheltenham and District Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Virginia Bottomley
Minister of State,
Department of Health
4th December 1990


text:
Citation and commencement
1
These Regulations may be cited as the Occupational Pension Schemes (Additional Voluntary Contributions) (Amendment) Regulations 1990 and shall come into force on 4th April 1990.
Interpretation
2
In these Regulations the “ Principal Regulations ” means the Occupational Pension Schemes (Additional Voluntary Contributions) Regulations 1987 .
Amendments to the Principal Regulations
3
1
In regulation 2(1) of the Principal Regulations after the definition of “the Board” there shall be inserted —
“permitted maximum contributions” in relation to a year of assessment means —
a
15 per cent. of a scheme member’s remuneration, or
b
if section 592(8B) of the Income and Corporation Taxes Act 1988 has effect as regards a scheme member’s remuneration, 15 per cent. of his permitted maximum remuneration;
“permitted maximum remuneration” in relation to a year of assessment means the figure found for that year by virtue of section 592(8D) and (8E) of the Income and Corporation Taxes Act 1988 ;
“remuneration” shall be interpreted in accordance with section 612(1) of the Income and Corporation Taxes Act 1988;
2
After regulation 2(1) of the Principal Regulations there shall be inserted —
1A
For the purposes of these Regulations a person is a controlling director of a company if he is a director (as defined by section 612(1) of the Income and Corporation Taxes Act 1988), and he is within paragraph (b) of section 417(5) of that Act, in relation to the company.
4
For regulation 4 of the Principal Regulations there shall be substitiuted —
4
The prescribed cases are cases where an employee contributes as a scheme member to a retirement benefits scheme which —
a
is one to which his employer is not a contributor and which provides benefits additional to those provided by a retirement benefits scheme or a relevant statutory scheme to which his employer is a contributor, and
b
is an exempt approved scheme within the meaning of section 592(1) of the Income and Corporation Taxes Act 1988;
and in these Regulations unless the context otherwise requires references to a “scheme” shall be construed as references to such a scheme and references to “his employer” shall be construed as references to any employer of the scheme member to whom paragraph (a) applies.
5
1
For regulation 5(1) of the Principal Regulations there shall be substituted —
1
The prescribed conditions are that the scheme member has —
a
at or before the time at which he first pays a contribution from which he deducts an amount equal to income tax at the basic rate on the contribution, and
b
at any time after that time, within 30 days of having been required to do so by notice in writing given by the scheme administrator,
furnished to the scheme administrator in writing the particulars, declarations and undertaking specified in paragraphs (2), (3) and (4) respectively; and references in those paragraphs to his remuneration, or his permitted maximum remuneration, are to that for the year of assessment in which he first pays such a contribution, or for the year of assessment specified in the notice, as the case may require.
2
In regulation 5(2) of the Principal Regulations —
a
after sub-paragraph (a) there shall be inserted —
aa
his date of birth;
;
b
in sub-paragraph (c) the words “for the year of assessment” shall be omitted;
c
in sub-paragraph (d) for the words “who makes contributions” to the end there shall be substituted —
who makes contributions to —
i
a retirement benefits scheme approved under section 591 of the Income and Corporation Taxes Act 1988 ,
ii
a retirement benefits scheme which is before the Board in order for them to decide whether to give approval under the said section 591, or
iii
a relevant statutory scheme within the meaning of section 611A of the said Act
; and
d
after sub-paragraph (e) there shall be inserted —
f
the amount, expressed as a monetary sum or as a percentage of —
i
his remuneration, or,
ii
if section 592(8B) of the said Act has effect as regards his remuneration, his permitted maximum remuneration,
which he is paying for the relevant year of assessment to the retirement benefits scheme or relevant statutory scheme referred to in sub-paragraph (d).
.
3
After regulation 5(2) there shall be added —
3
The declarations specified in this paragraph are declarations signed by the scheme member that to the best of his knowledge and belief —
a
benefits are currently accruing to him under the retirement benefits scheme or relevant statutory scheme referred to in paragraph (2)(d);
b
the aggregate of all contributions —
i
made to the scheme in relation to which the declaration is made, and
ii
made by him to the retirement benefits scheme or relevant statutory scheme referred to in paragraph (2)(d),
will not exceed and, unless the declaration is made in the circumstances described in paragraph (1)(a), has not exceeded his permitted maximum contributions;
c
he is neither —
i
paying contributions to any other scheme which provides benefits additional to those provided by the retirement benefits scheme or relevant statutory scheme referred to in paragraph (2)(d), nor
ii
where his employer is a company, a controlling director of the company;
d
the particulars specified in paragraph (2) and furnished by him to the scheme administrator are correct and complete.
4
The undertaking specified in this paragraph is an undertaking by the scheme member that he will within 30 days give notice in writing to the scheme administrator if —
a
he ceases to be employed by the employer referred to in paragraph (2)(d), or
b
benefits cease to accrue to him under the retirement benefits scheme or relevant statutory scheme referred to in paragraph (2)(d), or
c
where his employer is a company, he becomes a controlling director of the company.
.
6
In regulation 13(4) of the Principal Regulations —
a
after the words “All particulars” there shall be inserted “, declarations and undertakings”;
b
for the words “three years” there shall be substituted “six years”;
c
for the words “be a member of a scheme” there shall be substituted “pay contributions to a scheme”.
A. J. G. Isaac
L. J. H. Beighton
Two of the Commissioners of Inland Revenue
13th March 1990


text:
Citation, commencement and interpretation
1
1
These Regulations, may be cited as the Personal Pension Schemes (Advertisements) Regulations 1990 and shall come into force on 27th June 1990, except regulation 3 which shall come into force on 1st October 1990.
2
In these Regulations
“ Act ” means the Social Security Act 1986 ;
“advertisement” includes every form of advertising, whether in a publication, by the display of notices, signs, labels or showcards, by means of circulars, catalogues, price lists or other documents, by an exhibition of pictures or photographic or cinematographic films, by way of sound broadcasting or television, by the distribution of recordings, or in any other manner; and references to the issue of an advertisement shall be construed accordingly.
“explicit charges” means those charges made by the Scheme if any, the nature and amount (whether fixed or variable) of which are ascertainable at the time application for membership is made;
“issue” in relation to an advertisement includes any form of issue or publication whether to the public at large or to individuals or groups of individuals or to any employees, but does not include the issuing or publishing of an advertisement to an agent or professional adviser of the issuer in their capacity as such.
“ LAUTRO Rules ” means the Lautro Rules 1988 ;
“Off the page advertisement” means an advertisement which contains–
an offer by a deposit-based scheme or the provider thereof to admit to membership a person who responds to the advertisement; or
an invitation to a person to respond to the advertisement by making an offer to a deposit-based scheme or the provider thereof to become a member of that scheme;
“period” means the period from the date of issue of an advertisement to the date when a pension under the scheme is assumed to become payable for the purpose of a projection;
“projection” means an illustration of the amount of any future benefit payable under a deposit-based scheme, being benefit the amount of which is not ascertainable under the rules of the scheme when the calculation is made;
“relevant investment” means the investment into which contributions to be made to a deposit-based scheme by or on behalf of a prospective member will be made; and
“standard expenses” means any expenses of a scheme which are recoverable out of contributions made to the scheme by or on behalf of a member, the amount of which cannot be ascertained at the time of admission to membership.
Scope of the Regulations
2
These Regulations apply in respect of any personal pension scheme which takes the form specified in regulation 2(1)(c) of the Personal Pension Schemes (Appropriate Schemes) Regulations 1988 (investment of contributions in an interest-bearing account), and in these Regulations such a scheme is referred to as a “deposit-based scheme”.
Projections
3
1
Any projection contained in an advertisement for a deposit-based scheme shall contain or be accompanied by a statement in the following terms–
The figures quoted in this projection of future benefits are illustrations only. They do not represent the upper and lower limits of the amounts of the benefits. What is actually payable will depend on the future movement of market forces, which can go down as well as up, and the effect of charges applicable to the Scheme. These illustrations should not be used as a basis for comparing similar contracts issued by other pension providers.
.
2
In so far as a projection contained in an adverstisement for a deposit-based scheme relates to contributions which will give rise to protected rights under the scheme, then–
a
if the projection is in respect of a period of not more than 5 years it–
i
shall be prepared on the basis that the only contributions to be made to the scheme are minimum contributions under Part I of the Act in respect of the tax year in which the projection is prepared and, if the rate of the rebate percentage (within the meaning of section 3(1) of the Act) is known, the next following tax year, which shall be treated as a single premium; and
ii
shall assume a rate of interest not exceeding that payable in respect of the relevant investment on the day the projection is made; and
iii
shall allow for a deduction from the contributions to be invested in respect of any explicit charges; and
iv
any annuity derived from the fund obtained in accordance with sub-paragraphs (i) and (ii) above shall be obtained in accordance with paragraph 3(3) of Part I of Schedule 4 to the LAUTRO Rules;
b
if the projection is in respect of a period exceeding 5 years it–
i
shall be prepared on the basis that the only contributions to be made to the scheme are minimum contributions under Part I of the Act in respect of the tax year in which the projection is prepared and, if the rate of the rebate percentage (within the meaning of section 3(1) of the Act) is known, the next following tax year, which shall be treated as a single premium; and
ii
shall assume a real rate of interest (after allowing for increases in excess of national average earnings) of plus one half per cent and minus one half per cent (both compound); and
iii
where there are explicit charges, shall allow for a deduction of those charges from the contributions to be invested;
iv
shall, unless the projection allows for explicit charges, allow for a deduction from the contributions to be invested of one per cent in respect of standard expenses; and
v
any annuity derived from the fund obtained in accordance with sub-paragraphs (i) to (iii) above shall be obtained in accordance with paragraph 2(6) of Part I of Schedule 4 to the LAUTRO Rules.
3
In so far as a projection contained in an advertisement for a deposit-based scheme relates to contributions which will not give rise to protected rights under the scheme, then–
a
if the projection is in respect of a period of not more than 5 years it–
i
shall assume a rate of interest not exceeding that payable in respect of the relevant investment on the day the projection is made; and
ii
where there are explicit charges, shall allow for a deduction of those charges from the contributions to be invested; and
iii
any annuity derived from the fund obtained in accordance with sub-paragraphs (i) and (ii) above shall, if the projection is in respect of a period of more than one year, be obtained in accordance with paragraph 3(3) of Part I of Schedule 4 to the LAUTRO Rules; and
iv
shall contain or be accompanied by a statement showing the effect on the real value of the scheme benefits if retail prices in Great Britain were to increase at the rates of 4 per cent compound, 7 per cent compound and 10 per cent compound; and
b
if the projection is in respect of a period exceeding 5 years it–
i
shall assume an interest rate of 8 per cent and 11 per cent (both compound);
ii
shall allow for a deduction from the contributions to be invested of one per cent in respect of standard expenses; and
iii
where there are explicit charges, shall allow for a deduction of those charges from the contributions to be invested; and
iv
shall contain or be accompanied by a statement showing the effect on the real value of the scheme benefits if retail prices in Great Britain were to increase at the rates of 4 per cent compound, 7 per cent compound and 10 per cent compound; and
v
any retirement fund and annuity shall be obtained in accordance with paragraph 2(5) of Part I of Schedule 4 to the LAUTRO Rules.
Off the page advertisements
4
An off the page advertisement for a deposit-based Scheme must include the following information–
a
where contributions are payable periodically, whether there are any minimum or maximum amounts of such a contribution and, if so, what those amounts are;
b
how and where full details of the Scheme may be obtained; and
c
the information specified in paragraphs 1 and 4 to 8 of Schedule 2 to the Personal Pension Schemes (Appropriate Schemes) Regulations 1988 but with the modification that in paragraph 5 of that Schedule the reference to the time when the notice is served shall be read as a reference to the time when the advertisement is issued.
Form and content of advertisements
5
An advertisement for a deposit-based scheme shall not, in respect of its design, format or content,–
a
convey any information which is false or misleading;
b
contain any statement of fact which the issuer does not at the time the advertisement is issued have reasonable grounds for believing will continue to be true for so long as it remains relevant to the subject-matter of the advertisement;
c
make any comparison with any other personal pension scheme or occupational pension scheme or the state earnings related pension scheme which is unfair or misleading;
d
make any statement about the past performance of the scheme unless it also contains a warning that such information is not necessarily a guide to future performance; or
e
contain, whether expressly or by implication, any statement to the effect that the advertisement has been approved by any Government department or by the Occupational Pensions Board.
Offences and penalties
6
Any person who issues or causes to be issued in Great Britain an advertisement for a deposit-based scheme which he knows contravenes any provision of these Regulations or being reckless as to whether there is such a contravention shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
29th May 1990


text:
1
This Order may be cited as the Value Added Tax (Tour Operators) (Amendment) Order 1990 and shall come into force on 1st May 1990.
2
The Value Added Tax (Tour Operators) Order 1987 shall be amended in accordance with the following articles of this Order.
3
In article 5 —
a
paragraph (3) shall be deleted and the following paragraphs shall be inserted:
3
Any supply by a tour operator, not being a designated travel service, of transport of persons or of services ancillary to such transport, shall be treated as being made in the country in which the services are performed to the extent that they are performed in that country.
3A
For the purposes of paragraph (3), in determining the extent to which those services are performed in that country, the following shall be treated as performed wholly in that country:
a
those services which are performed partly outside the territorial jurisdiction of that country, provided that the means of transport by which the services are performed does not put in at or land in another country;
b
those services which are performed between places in that country in the course of a journey from —
i
that country to another country, or
ii
another country to that country,
notwithstanding that the services performed between those places are performed partly outside the territorial jurisdiction of that country.
;
b
at the beginning of paragraphs (4) and (5) respectively there shall be inserted the words “Subject to paragraph (7),”;
c
after paragraph (6) there shall be added the following paragraphs:
7
Paragraphs (3) and (3A) shall apply to any supply of goods or services comprised in a pleasure cruise as they apply to the services described therein, as if the reference in those paragraphs to performed were a reference to provided, the reference to services were a reference to goods or services, the reference to the means of transport by which the services are performed were a reference to the cruise ship upon board which the goods or services are provided, and the reference to journey were a reference to cruise.
8
In this Order, “pleasure cruise” includes a cruise wholly or partly for the purposes of education or training.
.
4
In article 10 —
a
for the cross-heading and for paragraph (1) there shall be substituted the following:
Tax chargeable on certain designated travel services
10
1
The application of the Value Added Tax Act 1983 shall, in relation to those supplies made by a tour operator, which are described in the following paragraphs, be modified in accordance with those paragraphs.
1A
Where a tour operator acquires certain services, that is to say transport of passengers —
a
within or outside the United Kingdom —
i
in any vehicle, ship or aircraft designed or adapted to carry not less than twelve passengers, or
ii
on any scheduled flight, or
b
from a place within to a place outside the United Kingdom or vice versa
in order to supply them as a designated travel service or as part of such a service, the rate at which tax shall be charged shall be nil on that portion of the value of the designated travel service supplied which is attributable to those services.
;
in paragraph (2) before “Schedule 6” there shall be inserted “Group 6 of”.
David Lightbown
Kenneth Carlisle
Two of the Lords Commissioners of Her Majesty’s Treasury
26th March 1990


text:
1
This Order may be cited as the Prevention of Terrorism (Temporary Provisions) Act 1984 (Guernsey) (Revocation) Order 1990 and shall come into force on 1st January 1991.
2
The Prevention of Terrorism (Temporary Provisions) Act 1984 (Guernsey) Order 1984 is hereby revoked.
G. I. de Deney
Clerk of the Privy Council


text:
1
This Order may be cited as the Housing and Planning Act 1986 (Commencement No. 15) Order 1990.
2
The following provisions of the Housing and Planning Act 1986 (“the 1986 Act ”) shall come into force on 31st March 1990 (“the commencement date”) —
a
section 43 (compulsory acquisition of land on behalf of parish or community councils);
b
section 49(2) (miscellaneous repeals), in so far as it relates to the repeal of the words “section 125(4) and (7)” in the entry relating to the Local Government Act 1972 in paragraph 1 of Schedule 4 to the Acquisition of Land Act 1981 .
3
Where a compulsory purchase order has been made before the commencement date, section 125 of the Local Government Act 1972 shall apply to it as it applied immediately before that date; and for this purpose section 43 of the 1986 Act shall be treated as not having come into force.
Chris Patten
Secretary of State for the Environment
14th March 1990
Peter Walker
Secretary of State for Wales
14th March 1990


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Health and Safety (Fees) Regulations 1990 and shall come into force on 25th October 1990.
2
In these Regulations, unless the context otherwise requires–
“approval” includes the amendment of an approval, and “amendment of an approval” includes the issue of a new approval replacing the original incorporating an amendment;
“employment medical adviser” means an employment medical adviser appointed under section 56(1) of the 1974 Act;
“the mines and quarries provisions” means such of the relevant statutory provisions as relate exclusively to–
mines and quarries within the meaning of section 180 of the Mines and Quarries Act 1954 ;
tips within the meaning of section 2(1) of the Mines and Quarries (Tips) Act 1969 ,
and includes regulations, rules and orders relating to a particular mine (whether they are continued in force by regulation 7(3) of the Mines and Quarries Acts 1954 to 1971 (Repeals and Modifications) Regulations 1974 or are health and safety regulations);
“original approval” and “original authority” do not include an amendment of an approval or an amendment of an authority;
“renewal of approval” or “renewal of licence” means respectively the granting of an approval or licence to follow a previous approval or licence without any amendment or gap in time;
“respiratory protective equipment” includes any respirator and any breathing apparatus.
3
Unless the context otherwise requires, any reference in these Regulations to–
a
a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered;
b
a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which the reference appears.
Fees payable under the mines and quarries provisions
2
1
A fee shall be payable by the applicant to the Health and Safety Executive on each application for an original approval, an amendment of approval or a renewal of approval under any of the mines and quarries provisions.
2
The fee payable under paragraph (1) for each description of plant, apparatus, substance and in any other case set out in column 1 of Part I of Schedule 1 shall be respectively that specified in the corresponding entry in columns 2, 3 and 4 of that Part.
3
Where the Executive requires testing to be carried out by its staff to decide whether approval can be granted, a fee shall be payable to the Executive by the applicant on the issue by the Executive of its determination in respect of the application for the approval as described below–
a
in the case of explosives and detonators, for each test specified in column 1 of Part II of Schedule 1, the fee shall be that specified in the corresponding entry in column 2 of that Part;
b
in any other case, the fee shall be determined under Part III of Schedule 1.
Fees payable in respect of approval of respiratory protective equipment and automatic safe load indicators
3
1
A fee shall be payable by the applicant to the Health and Safety Executive on each application for approval–
a
of respiratory protective equipment–
i
under the Factories Act 1961 , or any regulations made or having effect as if made under that Act,
ii
under the Control of Lead at Work Regulations 1980 ,
iii
under the Ionising Radiations Regulations 1985 ,
iv
under the Control of Asbestos at Work Regulations 1987 , and
v
under the Control of Substances Hazardous to Health Regulations 1988 ;
b
of automatic safe load indicators under the Construction (Lifting Operations) Regulations 1961 , and the Shipbuilding and Ship-Repairing Regulations 1960 .
2
The fee payable for approval of each item of each subject matter described in column 1 of Part I of Schedule 2 shall be that specified in the corresponding entry in column 2 of that Part and where that entry specifies a fee as an amount per hour worked, the fee so calculated shall be payable prior to the notification of the result of the application for approval.
3
Where the Executive requires testing to be carried out by its staff to determine whether approval of any item of equipment specified in column 1 of Part II of Schedule 2 can be granted, a fee shall be payable to the Executive by the applicant on the issue by the Executive of its determination in respect of the application for approval and the fee shall be that specified in the corresponding entry in column 2 of that Part.
Fees payable under the Agriculture (Tractor Cabs) Regulations 1974
4
1
A fee shall be payable by the applicant to the Health and Safety Executive on each application for approval of plant and equipment under the Agriculture (Tractor Cabs) Regulations 1974 .
2
The fee payable for the approval of each subject matter described in column 1 of Schedule 3 shall be that specified in the corresponding entry in column 2 of that Schedule.
Fee payable under the Freight Containers (Safety Convention) Regulations 1984
5
1
A fee shall be payable by the applicant to the Health and Safety Executive on each application for approval of a scheme or programme for examination of freight containers under the Freight Containers (Safety Convention) Regulations 1984 .
2
The fee payable for the approval described in column 1 of Schedule 4 shall be that specified in the corresponding entry in column 2 of that Schedule.
Fees payable for a licence under the Asbestos (Licensing) Regulations 1983
6
1
A fee shall be payable by the applicant to the Health and Safety Executive on each application for a licence under the Asbestos (Licensing) Regulations 1983 .
2
The fee payable on application for a licence described in column 1 of Schedule 5 shall be that specified in the corresponding entry in column 2 of that Schedule.
Fees payable for examination or surveillance by an employment medical adviser
7
1
A fee shall be payable to the Health and Safety Executive by an employer in respect of a medical examination or medical surveillance of each of his employees by an employment medical adviser for the purposes of any provision specified in column 1 of Schedule 6.
2
The fee payable under paragraph (1) shall be a basic fee for each examination or on each occasion when surveillance is carried out together with additional fees for X-rays and laboratory tests where these are taken or carried out in connection with the examination; and for each provision specified in column 1 of Schedule 6–
a
the basic fee shall be the amount specified in column 3 of that Schedule for that provision;
b
the additional fee for X-rays shall be the amount specified in column 4 of that Schedule for that provision and shall cover all X-rays taken in connection with any one examination;
c
the additional fee for laboratory tests shall be the amount specified in column 5 of that Schedule for that provision and shall cover all such tests carried out in connection with any one examination.
3
Where an employment medical adviser carries out a medical examination of a self-employed person for the purposes of the Control of Asbestos at Work Regulations 1987, that self-employed person shall pay to the Executive fees ascertained in accordance with paragraph (2).
Fees for medical surveillance by an employment medical adviser under the Control of Lead at Work Regulations 1980
8
1
A fee shall be payable to the Health and Safety Executive by an employer in respect of medical surveillance of any of his employees by an employment medical adviser for the purposes of the Control of Lead at Work Regulations 1980 .
2
The fee payable for each item described in column 1 of Schedule 7 shall be that specified in the corresponding entry in column 2 of that Schedule.
Fees for approval of dosimetry services and for type approval of radiation generators or apparatus containing radioactive substances under the Ionising Radiations Regulations 1985
9
1
A fee shall be payable by the applicant to the Health and Safety Executive on each application for an approval of dosimetry services and for the annual reassessment of an approval of dosimetry services previously granted for the purposes of the Ionising Radiations Regulations 1985 .
2
A fee shall be payable by the applicant to the Executive on each application for the type approval of a radiation generator or an apparatus containing a radioactive substance.
3
The fee payable for approval or type approval in respect of each matter described in column 1 of Schedule 8 shall be that specified in the corresponding entry in column 2 of that Schedule, and the fee for annual reassessment of such approval in respect of each such matter shall be that specified in column 3 of that Schedule.
Fees payable under the Explosives Act 1875 and instruments made thereunder, under the Petroleum (Consolidation) Act 1928 and the Petroleum (Transfer of Licences) Act 1936 and under the Gas Cylinders (Conveyance) Regulations 1931
10
1
Where any application in relation to a provision specified in column 1 of Part I of Schedule 9 is made for a purpose specified in column 2 of that Part, the fee specified in the corresponding entry in column 3 of that Part shall be payable by the applicant to the Health and Safety Executive.
2
The fee or maximum fee payable under each provision specified in column 1 of Part II of Schedule 9 for the purpose described in the corresponding entry in column 2 shall be that specified in the corresponding entry in column 3 of that Part.
3
A fee shall be payable by the applicant to the Executive on each application being made for each purpose specified in column 1 of Parts III, IV , V, and VI of Schedule 9, and the fee for each such purpose shall be that specified in the corresponding entry in column 2 of those Parts.
4
A fee shall be payable to the Executive where the Executive requires any testing to be carried out in connection with any purpose specified in column 1 of Part VII of Schedule 9, and the fee for testing in connection with each such purpose shall be that specified in the corresponding entry in column 2 of that Part for each hour or part of an hour worked in respect of such testing and such fee shall be payable prior to notification of the result of the application.
Date from which fees are payable under the Petroleum (Consolidation) Act 1928 and the Petroleum (Transfer of Licences) Act 1936
11
Notwithstanding the provisions of section 4 of the Petroleum (Consolidation) Act 1928 or section 1(4) of the Petroleum (Transfer of Licences) Act 1936 the fees for petroleum licences prescribed by these Regulations shall be payable for any licence first having effect or any transfer or renewal of a licence first taking effect on or after the coming into force of these Regulations, irrespective of the date of the application for that licence, transfer or renewal.
Fees for testing in connection with application under the Classification and Labelling of Explosives Regulations 1983
12
1
A fee shall be payable to the Health and Safety Executive by the applicant if any testing is carried out by or on behalf of the Executive with the agreement of the applicant in connection with an application under the Classification and Labelling of Explosives Regulations 1983 .
2
The fee payable for testing in connection with any purpose described in column 1 of Schedule 10 shall be that specified in the corresponding entry in column 2 of that Schedule for each hour or part of an hour worked in respect of such testing and such fee shall be payable prior to notification of the result of the application.
Fees for explosive licences under Part IX of the Dangerous Substances in Harbour Areas Regulations 1987
13
1
A fee shall be payable by the applicant to the Health and Safety Executive on each application for an explosives licence or for any alteration in the terms of an existing licence under Part IX of the Dangerous Substances in Harbour Areas Regulations 1987 .
2
The fee for each item specified in column 1 of Schedule 11 shall be that specified in the corresponding entry in column 2 of that Schedule and where the fee is determined as an amount per hour, the fee so calculated shall be payable prior to notification of the result of the application.
Calculation of hours worked
14
In calculating the number of hours worked for the purpose of determining the amount of a fee payable under regulation 3(2), 10(4), 12(2) or 13(2) no account shall be taken of any typing, messenger or ancillary work (for which no further charge shall be payable).
Revocations
15
The Health and Safety (Fees) Regulations 1989 and the Health and Safety (Fees) (Amendment) Regulations 1989 are hereby revoked.
Northern Ireland
16
These Regulations shall not apply to Northern Ireland.
Signed by order of the Secretary of State.
Eric Forth
Parliamentary Under Secretary of State,
Department of Employment
19th September 1990


text:
1
These Regulations may be cited as the Education (Grant-maintained Schools) (Finance) (Amendment) Regulations 1990 and shall come into force on 13th December 1990.
2
Regulation 1(2) of the Education (Grant-maintained Schools) (Finance) Regulations 1990 is hereby revoked and accordingly, with effect from the coming into force of these Regulations, the first-mentioned Regulations shall extend to both England and Wales.
David Hunt
Secretary of State for Wales
17th October 1990


text:
Citation and commencement
1
This Order may be cited as the Health Service Commissioner for England (Special Hospitals Service Authority) Order 1990 and shall come into force on 15th March 1990.
Designation as body subject to investigation
2
The Special Hospitals Service Authority is hereby designated as an authority to which section 109 of the National Health Service Act 1977 (bodies subject to investigation by Health Service Commissioner) applies.
G I de Deney
Clerk of the Privy Council


text:
1
The Rules may be cited as the Patents (Amendment) Rules 1990 and shall come into force on 13th August 1990.
2
Rule 90 of the Patents Rules 1982 is amended by omitting paragraphs (3) and (4) thereof.
Douglas Hogg
Minister of State,
Department of Trade and Industry
18th July 1990


text:
1
This Order may be cited as the Merchant Shipping (Safety Convention) (Guernsey) Order 1990 and shall come into force on 1st December 1990.
2
In this Order the expression “the Bailiwick” means the Bailiwick of Guernsey and the territorial waters adjacent thereto.
3
It is hereby directed that the provisions of —
a
sections 3, 28 and 37 of the Merchant Shipping (Safety Convention) Act 1949 , and
b
sections 10(1) and 19(2) and (3) of the Merchant Shipping Act 1964,
shall extend to the Bailiwick with the exceptions, adaptations and modifications specified in the Schedule to this Order.
G I de Deney
Clerk of the Privy Council