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 purpose of through traffic.
4
In this Order: —
i
all measurements of distance are measured along the route of the relevant highway;
ii
“the deposited plan” means the plan numbered RSE A3/6B165/2/13 marked “The London-Portsmouth Trunk Road A3 (Liphook-Ham Barn Section) (Part 2: Headley Road to Queens Road) Order 1990.” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House,-43 Marsham Street, London SWlP 3PY; and
iii
“the new trunk road” means the highway mentioned in article 1 of this Order.
5
This Order shall come into force on 23rd May 1990 and may be cited as the London-Portsmouth Trunk Road A3 (Liphook-Ham Barn Section) (Part 2: Headley Road to Queens Road) Order 1990.
Signed by authority of the Secretary of State for Transport
D Gruffydd Jones
Regional Director South East Region
Department of Transport
24th April 1990


type: legislation

jurisdiction: UK

text:
1
These Regulations may be cited as the Companies (Forms) (Amendment) Regulations 1990.
2
In these Regulations: —
“the 1985 Act ” means the Companies Act 1985 as amended by the 1989 Act ;
“the 1989 Act” means the Companies Act 1989 ;
“the 1985 Regulations ” means the Companies (Forms) Regulations 1985 ; and
“the 1987 Regulations ” means the Companies (Forms) (Amendment) Regulations 1987 .
3
From 1st April 1990 the forms set out in Schedule 2, with such variations as circumstances require, are forms prescribed for the purposes of the provisions of the 1985 Act which are referred to in those forms .
4
1
Form 224 in Schedule 3 to the 1985 Regulations is revoked on 1st April 1991. From 1st April 1990 until 1st April 1991 this form is a prescribed form for the purposes of section 224 of the 1985 Act.
2
Forms 701(2), 701(6)a and 701(6)b in Schedule 3 to the 1985 Regulations are revoked on 1st April 1991. From 1st April 1990 until 1st April 1991 these forms are prescribed forms respectively for the purposes of sections 224 and 225(1) and (2) of the 1985 Act, as applied by section 701(1) of that Act.
3
Forms 225(1) and 225(2) in Schedule 2 to the 1987 Regulations are revoked on 1st April 1991. From 1st April 1990 until 1st April 1991 the forms 225(1) and 225(2) in Schedule 2 to the 1987 Regulations are prescribed forms respectively for the purposes of section 225(1) and (2) of the 1985 Act.
4
Paragraph (1) of regulation 7 of the 1987 Regulations is revoked on 1st April 1991. From 1st April 1990 until 1st April 1991 the forms 225(1) and 225(2) in Schedule 3 to the 1985 Regulations are prescribed forms respectively for the purposes of section 225(1) and (2) of the 1985 Act, in the circumstances set out in that paragraph.
5
From 1st April 1990 form 242 in Schedule 3 to the 1985 Regulations is a prescribed form for the purposes of section 244 of the 1985 Act, in relation to a financial year of a company which began before 23rd December 1989, but is otherwise revoked.
6
From 1st April 1990 form 287 in Schedule 3 to the 1985 Regulations is prescribed for use by a company to notify a change in the situation of its registered office which occurs before that date, and from that date until 1st April 1991 it is a prescribed form to notify any other change in the situation of its registered office, but is otherwise revoked.
5
1
From 1st April 1990, for the purposes of the provisions set out in paragraph (2) below, a translation of a document into English shall be certified to be a correct translation: —
a
if the translation was made in the United Kingdom, by: —
i
a notary public in any part of the United Kingdom;
ii
a solicitor (if the translation was made in Scotland), a solicitor of the Supreme Court of Judicature of England and Wales (if it was made in England or Wales), or a solicitor of the Supreme Court of Judicature of Northern Ireland (if it was made in Northern Ireland); or
iii
a person certified by a person mentioned above to be known to him to be competent to translate the document into English; or
b
if the translation was made outside the United Kingdom, by: —
i
a notary public;
ii
a person authorised in the place where the translation was made to administer an oath;
iii
any of the British officials mentioned in section 6 of the Commissioners for Oaths Act 1889 ;
iv
a person certified by a person mentioned in sub-subparagraph (i), (ii) or (iii) of this subparagraph to be known to him to be competent to translate the document into English.
2
The provisions referred to in paragraph (1) above are sections 228(2)(f), 242(1), 243(4) and 702(1) of the 1985 Act and paragraph 6 of Part II of Schedule 9 to that Act.
3
From 1st April 1990 regulation 6 of the 1985 Regulations is revoked so far as it refers to sections 241(3)(b) and 700(2) of the Companies Act 1985, but this revocation shall not apply in relation to the accounts of a company in respect of a financial year or accounting reference period of the company which began before 23rd December 1989, as the case may be.
Sarah E. Brown
An Under-Secretary,
Department of Trade and Industry
8th March 1990


text:
Title and commencement
1
These Regulations may be cited as the Common Agricultural Policy (Wine) Regulations 1990 and shall come into force on 6th August 1990.
Interpretation and revocation
2
1
In these Regulations, unless the context otherwise requires–
“authorised officer” means an officer authorised for the purposes of these Regulations by an enforcement authority;
“the Commissioners” means the Commissioners of Customs and Excise;
“Community provision” means any provision of any Regulation of the European Communities which is referred to in Schedule 1 to these Regulations, or of the Treaties relating to the accession to the European Communities, respectively, of the Hellenic Republic signed at Athens on 28th May 1979 and of the Kingdom of Spain and the Portuguese Republic signed, respectively, at Madrid and Lisbon on 12th June 1985 ;
“controlled wine-sector product” means any wine-sector product whose movement has been prohibited pursuant to regulation 8 of these Regulations;
“enforcement authority” means–
in relation to any part of the United Kingdom, the Commissioners or the Wine Standards Board;
in relation to England, the Minister of Agriculture, Fisheries and Food;
in relation to Scotland or Wales, the Secretary of State;
in relation to Northern Ireland, the Department of Health and Social Services for Northern Ireland;
in relation to the area of a local authority, the local authority.
“establishment” has the same meaning as in Article 1(3) of Council Regulation ( EEC ) No 2392/89 laying down general rules for the description and presentation of wines and grape musts ;
“local administrative area” has the same meaning as in Article 1(3) of Council Regulation (EEC) No 2392/89 laying down general rules for the description and presentation of wines and grape musts;
“local authority” means–
as respects England and Wales, a food and drugs authority for the purposes of the Food Act 1984 ;
as respects Scotland, an islands or district council which is the enforcement authority for the purposes of the Food and Drugs (Scotland) Act 1956 ;
as respects Northern Ireland, a district council for the purposes of Article 34 of the Food (Northern Ireland) Order 1989 ;
“manufacturing” means using wine, for the purpose of a trade or business (other than a catering business), in the composition, manufacture or preparation of any product;
“the Minister” means, in relation to England, the Minister of Agriculture, Fisheries and Food, in relation to Scotland, or Wales, the Secretary of State and, in relation to Northern Ireland, the Department of Health and Social Services for Northern Ireland;
“relevant Community provision” means any Community provision referred to in Column 1 or Column 2 of Schedule 2 to these Regulations, the subject matter of which is described in Column 3 thereof;
“retail sale” means any sale to a person buying otherwise than for the purpose of resale but does not include a sale to a caterer in the course of his catering business or to a manufacturer in the course of his manufacturing business;
“the Wine Standards Board” means the Wine Standards Board of The Vintners' Company.
2
Other expressions used in these Regulations have, in so far as the context admits, the same meanings as in Council Regulation (EEC) No 2048/89 laying down general rules on controls in the wine sector .
3
The Common Agricultural Policy (Wine) Regulations 1987 are hereby revoked.
Enforcement
3
1
Subject to the provisions of this regulation, local authorities, the Minister, the Commissioners and the Wine Standards Board are hereby designated competent authorities or agencies for the purpose of the enforcement of the Community provisions.
2
Each local authority shall secure the enforcement and execution of the relevant Community provisions in so far as they relate to the retail sale of wine within its area.
3
The Minister, the Commissioners and the Wine Standards Board shall secure the enforcement and execution of the relevant Community provisions in so far as they relate to the importation and exportation of wine to or from the United Kingdom.
4
The Minister and the Wine Standards Board shall secure the enforcement and execution of the relevant Community provisions in so far as they relate to any matter not mentioned in paragraphs (2) or (3) of this regulation.
5
Nothing in this regulation shall be taken as authorising in the United Kingdom the Wine Standards Board or the Commissioners, or in relation to Scotland only, the Minister or a local authority, to institute proceedings for an offence.
Definition of medium dry
4
For the purposes of Article 13(6)(b) of Commission Regulation (EEC) No 997/81 laying down detailed rules for the description and presentation of wines and grape musts as amended wine may be labelled and described as “medium dry” if it has a residual sugar content not exceeding 18 grams per litre where the total acidity content of that wine expressed as grams of tartaric acid per litre is not more than 10 grams per litre below its residual sugar content.
Exemptions
5
The relevant Community provisions relating to the information required on labels of the products mentioned in Article 1 of Council Regulation (EEC) No 2392/89 laying down general rules for the description and presentation of wines and grape musts shall not apply to–
a
unlabelled products which are transported between two or more establishments or between vineyards and wine making plants, in either case belonging to the same undertaking and situated in the same local administrative area;
b
unlabelled quantities of grape musts and wines not exceeding 15 litres per batch and not intended for sale;
c
unlabelled quantities of grape musts and wines intended for the domestic consumption of the producer and his employees.
6
The provisions of Article 13(1) of Council Regulation (EEC) No 2389/89 relating to the prohibition of the planting, field grafting and double-grafting of vine varieties not listed in the classification referred to in Article 1 of that Regulation shall not apply where the purpose of the planting is one of the purposes set out in the first sub-paragraph of Article 13(2) thereof.
Powers of authorised officers
7
1
An authorised officer may, on producing, if so required, a warrant of his authority, at any reasonable time enter any land, other than land used only as a dwelling, or any vehicle, for the purpose of ascertaining whether any offence under these Regulations has been committed.
2
An authorised officer who has entered any land or vehicle in accordance with paragraph (1) of this regulation may–
a
inspect any materials or articles found in or on that land or vehicle;
b
require any person carrying on, or employed in connection with, a trade or business to produce any books, records or documents relating to that trade or business and may take copies of any such book, record or document, or of any entry in any such book, record or document;
c
undertake stock counts of wine-sector products and of any substances or products which may be used for the preparation of such products; and
d
purchase or take samples of any wine-sector product and of any substances or products which may be used for the preparation of such products.
3
An authorised officer who has procured a sample of any wine-sector product may analyse or test or have analysed or tested that sample.
Control on movement
8
1
Where an authorised officer inspects any wine-sector product he may prohibit its movement if he has reason to believe that an offence has been or is being committed in respect of it contrary to any relevant Community provision referred to in columns 1 or 2 of Parts I, II , III or V of Schedule 2 to these Regulations and that there is a risk to public health or has been any fraudulent treatment of that product.
2
An officer who exercises the power conferred by subsection (1) above shall, without delay, give to the person who appears to him to be in charge of the wine-sector product concerned notice in writing–
a
specifying the wine-sector product in relation to which the power has been exercised;
b
stating that the wine-sector product may not be moved without the written consent of an authorised officer; and
c
specifying the Community provision in respect of which the officer has reason to believe that an offence has been or is being committed.
3
If the person to whom the officer gives the notice does not appear to him to be the owner of the wine-sector product concerned or an agent, contractor or employee of the owner, the officer shall use his best endeavours to bring the contents of the notice additionally to the attention of such a person as soon as possible.
4
An authorised officer may affix to any wine-sector product in relation to which the power conferred by subsection (1) above has been exercised, or to any container in which the wine-sector product is packed, labels warning of the exercise of the power.
Consent to movement
9
1
An authorised officer may, at any time, give written consent to the movement of a controlled wine-sector product.
2
An authorised officer shall, upon request, give written consent to the movement of a controlled wine-sector product if he, or another authorised officer, has been given a written undertaking to the effect that–
a
the wine-sector product will be moved to a place approved by an authorised officer; and
b
the wine-sector product will not be moved from that place without the written consent of an authorised officer.
3
A consent given by an authorised officer under this section shall–
a
specify the wine-sector product to which it relates; and
b
state that the wine-sector product continues to be controlled.
Authorised officer acting in good faith
10
1
An authorised officer shall not be personally liable in respect of any act done by him in the execution or purported execution of these Regulations and within the scope of his employment, if he did that act in the honest belief that his duty under these Regulations required or entitled him to do it.
2
Nothing in paragraph (1) above shall be construed as relieving an enforcement authority from any liability in respect of acts of its authorised officers.
3
Where an action has been brought against an authorised officer in respect of an act done by him in the execution or purported execution of these Regulations and the circumstances are such that he is not legally entitled to require the enforcement authority to indemnify him, the authority may, nevertheless, indemnify him against the whole or part of any damages and costs or in Scotland of any damages and expenses which he may have been ordered to pay or which he may have incurred, if they are satisfied that he honestly believed the act complained of was within the scope of his employment and that his duty under the Regulations required or entitled him to do it.
Power to require analysis, or testing by Government Chemist
11
1
The court before which any proceedings are brought for an offence under these Regulations may, if it thinks fit for the purposes of the proceedings, cause any article which is the subject of the proceedings and, if it has already been analysed, is capable of being further analysed or tested, to be sent to the Government Chemist, who shall make such analysis or test as is appropriate and transmit to the court a certificate of the result thereof, and the costs of the analysis or test, shall be paid by the prosecutor or the person charged as the court may order.
2
If in a case in which an appeal is brought no action has been taken under paragraph (1) of this regulation, the provisions thereof shall apply in relation to the court by which the appeal is heard.
3
Any certificate of the results of an analysis or test, transmitted by the Government Chemist under this regulation shall be signed by or on behalf of the Government Chemist, but the analysis or test may be made by any person under the direction of the person by whom the certificate is signed; and any certificate so transmitted by the Government Chemist shall be evidence of the facts stated therein unless any party to the proceedings requires that the person by whom it is signed or a person acting under his direction be called as a witness.
Offences and penalties
12
1
If any person contravenes, or fails to comply with, any of the relevant Community provisions referred to in Columns 1 or 2 of Parts I, II, III or V of Schedule 2 to these Regulations, he shall be guilty of an offence and liable–
a
on summary conviction in Great Britain to a fine not exceeding the statutory maximum or on such conviction in Northern Ireland to a fine not exceeding £2,000; or
b
on conviction on indictment, to a fine.
2
If any person–
a
contravenes, or fails to comply with, any of the relevant Community provisions referred to in Columns 1 or 2 of Parts IV, VI , VII or VIII of Schedule 2 to these Regulations, or
b
discloses to any other person any information obtained by him in pursuance of his duties under these Regulations, unless the disclosure is made in, or for the purposes of, the performance by him or any other person of any functions under these Regulations, or in pursuance of a Community obligation,
he shall be guilty of an offence and liable on summary conviction in Great Britain to a fine not exceeding level 4 on the standard scale or on such conviction in Northern Ireland to a fine not exceeding £1,000.
3
In any proceedings against any person for an offence under these Regulations, it shall be a defence for that person to prove that he took all reasonable precautions and exercised all due diligence to avoid committing the offence.
Movement of a controlled wine-sector product
13
1
Any person who, knowing a wine-sector product to be a controlled wine-sector product,–
a
moves it, or
b
causes it to be moved,
without the written consent of an authorised officer shall be guilty of an offence.
2
Any person who, knowing a wine-sector product to be a controlled wine-sector product,–
a
removes from it, or
b
causes to be removed from it,
a label which has been affixed under regulation 8(4) of these Regulations shall be guilty of an offence.
3
Any person who fails to comply with an undertaking given by him for the purposes of regulation 9 of these Regulations shall be guilty of an offence.
4
It shall be a defence for a person charged with any offence under this regulation to prove that–
a
when the power conferred by regulation 8(1) was exercised, no offence had been or was being committed in respect of the wine-sector product concerned; and
b
that there was a reasonable excuse for the act or omission in respect of which he is charged.
5
A person guilty of an offence under this regulation shall be liable on summary conviction in Great Britain to a fine not exceeding level 5 on the standard scale or on such conviction in Northern Ireland to a fine not exceeding £2,000.
Obstruction
14
Any person who–
a
intentionally obstructs an authorised officer acting in the execution of these Regulations; or
b
without reasonable cause fails to give to any such officer any assistance or information or to provide any facilities which that officer may reasonably require of him for the purposes of his functions under these Regulations
shall be guilty of an offence and liable on summary conviction in Great Britain to a fine not exceeding level 3 on the standard scale or on such conviction in Northern Ireland to a fine not exceeding £400.
Offences by officers of bodies corporate
15
1
Where an offence under these Regulations which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or be attributable to any neglect on the part of, any director, manager, secretary or a similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
2
Where the affairs of a body corporate are managed by its members, the provisions of paragraph (1) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 3rd July 1990.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
2nd July 1990


text:
1
These Rules may be cited as the Design Right (Proceedings before Comptroller) (Amendment) (No. 2) Rules 1990 and shall come into force on 10th September 1990.
2
The Design Right (Proceedings before Comptroller) Rules 1989 are amended by substituting for Schedule 2 thereto the Schedule set out in the Schedule to these Rules.
Douglas Hogg
Department of Trade and Industry
13thAugust 1990
We consent to the fees prescribed in these Rules.
Michael Fallon
Kenneth Carlisle
Two of the Lords Commissioners of Her Majesty’s Treasury
16th August 1990


text:
9
This Order may be cited as the Public Telecommunication System Designation (Videotron London Limited) (Greenwich and Lewisham) Order 1990 and shall come into force on 26th April 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
26th March 1990


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Income Support (General and Transitional) Amendment Regulations 1990 and shall come into force on 17th December 1990.
2
In these Regulations “the General Regulations ” means the Income Support (General) Regulations 1987 .
Amendment of regulation 21 of the General Regulations
2
In regulation 21(1) of the General Regulations (special cases) for the words “regulation 22” there shall be substituted the words “regulations 21A and 22”.
Insertion of regulation 21A into the General Regulations
3
After regulation 21 of the General Regulations there shall be inserted the following regulation —
Reductions in applicable amounts in certain cases of failure to attend courses
21A
1
The weekly applicable amount of a claimant to whom paragraph (3) applies shall be reduced in each relevant week by a sum equal to the appropriate percentage of the relevant amount which applies in his case.
2
A reduction under paragraph (1) shall, if it is not a multiple of 5p, be rounded to the nearest such multiple or, if it is a multiple of 2.5p but not of 5p, to the next lower multiple of 5p.
3
Except where paragraph (4) applies, this paragraph applies to a claimant where —
a
he has been notified of a relevant course;
b
he has during the period of 2 years which ended on the day on which he was notified of that course been in receipt of benefit —
i
without any period of interruption;
ii
with a period of interruption which did not exceed 56 days; or
iii
with a number of periods of interruption, none of which exceeded 56 days;
c
his entitlement to benefit during the whole of that period of two years, or such part of it as the claimant in question was in receipt of benefit, was subject to the condition that he was available for employment;
d
his entitlement to income support is not subject to a reduction in the relevant week under regulation 22 (reductions in applicable amounts in certain cases of actual or notional unemployment benefit disqualification); and
e
he has failed to attend the whole or any part of that course.
4
This paragraph shall apply where the claimant’s failure to attend a relevant course is attributable to any of the following circumstances —
a
the claimant in question was suffering from some disease or bodily or mental disablement on account of which —
i
he was not able to attend the relevant course in question; or
ii
his attendance at that course would have put at risk the health of other persons;
b
the time it took, or would normally have taken, for the claimant to travel from his home to the course and back to his home by a route and means appropriate to his circumstances and to the course exceeded, or would normally have exceeded, one hour in either direction;
c
the claimant was caring for a member of his household where —
i
that member was unable to care for himself;
ii
no other member of that household was available to care for him; and
iii
in the circumstances of the case it was not practical for the claimant to make other arrangements for the care of that member;
d
the claimant was attending court under a requirement to attend as a party to any proceedings, or as a witness or a juror;
e
the claimant was arranging or attending the funeral of a partner or relative;
f
the claimant was engaged in —
i
the manning or launching of a lifeboat; or
ii
the performance of duty as a part-time fireman in a fire brigade maintained in pursuance of the Fire Services Acts 1947 to 1959;
g
the claimant was required to deal with some domestic emergency; or
h
the claimant was providing assistance in response to an emergency.
5
A claimant shall be treated as having provided assistance in response to an emergency for the purposes of paragraph (4)(h) only —
a
he was a member of a group of persons organised wholly or partly for the purpose of providing such assistance or, as the case may be, protection; and he —
i
provided assistance to any person whose life may have been endangered or who may have been exposed to the risk of serious bodily injury or whose health may have been seriously impaired;
ii
protected property of substantial value from imminent risk of serious damage or destruction; or
iii
assisted in measures being taken to prevent a serious threat to health;
b
the events which may have given rise to an emergency include —
i
a fire, a flood or an explosion;
ii
a natural catastrophe;
iii
a railway or other accident;
iv
a cave or mountain accident;
v
a search for a person reported missing.
6
For the purposes of this regulation —
“appropriate percentage” means 40 per cent. except that where the circumstances of a case fall within those set out in regulation 22(2) it means 20 per cent;
“benefit” means income support or unemployment benefit or, if they are received in respect of the same benefit week, both of those benefits;
“notified” means notified in writing by the Secretary of State for Employment by a notice which specifies in relation to the relevant course which the claimant may attend —
the date of the course, or if the duration of the course is to exceed one day, the date of each day of the course;
the time when the course is to begin, or if it is to begin at different times on different days, each of those times; and
the place at which the course is to be held, or, if it is to be held at more than one place, each of those places;
“relevant amount” has the same meaning as in regulation 22(1);
“relevant course” means a course or programme provided by the Secretary of State for Employment for the purpose of improving the prospects of unemployed persons entering or returning to employment other than any such course or programme which —
is provided for the purpose of training for employment or acquiring work experience; or
exceeds 5 weeks in duration;
“relevant week” means the benefit week which includes the Friday which falls more than 6 but less than 14 days after the Saturday of the week in which the claimant in question failed to attend the whole or any part of a relevant course.
.
Amendment of Schedule 3A to the General Regulations
4
In Schedule 3A to the General Regulations, in paragraph 5(2) (reduction of protected sum), after the words “benefit disqualification)” there shall be inserted the words “or regulation 21A (reductions in certain cases of failure to attend courses)”.
Amendment of Schedule 3B to the General Regulations
5
In Schedule 3B to the General Regulations, in paragraph 4(2) (reduction of protected sum), after the words “benefit disqualification)” there shall be inserted the words “or regulation 21A (reductions in certain cases of failure to attend courses)”.
Amendment of regulation 14 of the Income Support (Transitional) Regulations 1987
6
In regulation 14(1A) of the Income Support (Transitional) Regulations 1987 (reduction and termination of transitional and personal expenses addition), for the words “regulation 22” there shall be substituted the words “regulation 21A or 22”.
Signed by authority of the Secretary of State for Social Security.
Henley
Parliamentary Under-Secretary of State,
Department of Social Security
22nd November 1990


text:
1
This Order may be cited as the National Dock Labour Board (Date of Dissolution) Order 1990.
2
The date on which the National Dock Labour Board shall be dissolved is 30th June 1990.
Signed by order of the Secretary of State
Patrick Nicholls
Parliamentary Under Secretary of State,
Department of Employment
23rd May 1990


text:
Title and commencement
1
This Order may be cited as the Export of Sheep (Prohibition) (No. 2) Amendment Order 1990 and shall come into force on 15th January 1990.
Amendment of the Export of Sheep (Prohibition) (No. 2) Order 1987
2
The Export of Sheep (Prohibition) (No. 2) Order 1987 is hereby amended by substituting for article 2(4)(b) the following sub-paragraph —
b
any sheep which was marked, as a condition of the granting of a consent under section 2(1) of that Act to its removal from a designated area —
i
with an apricot mark, in the case of a consent given on or before 30th July 1989; or
ii
with a green mark, in the case of a consent given on or before 1st October 1989; or
iii
with a blue mark, in the case of a consent given on or before 8th January 1989.
.
Revocation
3
The Export of Sheep (Prohibition) (No. 2) Amendment No. 3 Order 1989 is revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 10th January 1990.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food


text:
1
These Regulations may be cited as the Wireless Telegraphy (Broadcast Licence Charges and Exemption) (Amendment) Regulations 1990 and shall come into force on1st April 1990.
2
The Wireless Telegraphy (Broadcast Licence Charges and Exemption) Regulations 1984 shall be amended as follows:
a
in Schedules 3 and 4 —
i
for “22” in each place where it occurs there shall be substituted “24”, and
ii
for “66” in each place where it occurs there shall be substituted “71” ; and
b
in Schedule 5 —
i
for “33” there shall be substituted “35.50”,
ii
for “16.50” there shall be substituted “17.75”, and
iii
for “17.75” in each place where it occurs there shall be substituted “19”.
Home Office
David Waddington
One of Her Majesty’s Principal Secretaries of State
2nd March 1990
We consent to these Regulations.
John Taylor
Stephen Dorrell
Two of the Commissioners of Her Majesty’s Treasury
5th March 1990


text:
1
This Order may be cited as the Parking Act 1989 (Commencement) Order 1990.
2
The Parking Act 1989 shall come into force on 16th May 1990.
Signed by authority of the Secretary of State for Transport.
Robert Atkins
Parliamentary Under Secretary of State,
Department of Transport
23rd April 1990


text:
1
This Order may be cited as the A23 Trunk Road (Purley Way, Croydon) (Prescribed Routes) Order 1990 and shall come into force on the date when the construction of the central reservation in Purley Way opposite its junction with Waddon Marsh Way has been completed.
2
In this order —
“Purley Way ” means the length of the London-Brighton Trunk Road (A23) in the London Borough of Croydon known as Purley Way; and
“central reservation ” means that part of Purley Way which separates the two carriageways of Purley Way for the safety and guidance of vehicles using that road.
3
Every person causing any vehicle to proceed southeastwards in Waddon Marsh Way shall on reaching its junction with Purley Way cause that vehicle to turn left in that part of Waddon Marsh Way which lies on the northwestern side of the triangular island site in the carriageway at the junction.
4
No person shall cause or permit any vehicle proceeding in Purley Way to —
a
make a right turn so as to enter Waddon Marsh Way; and
b
enter or proceed through the gap in the central reservation which lies 50 metres southeast of its junction with Waddon Marsh Way.
5
Nothing in article 3 above shall apply to anything done with the permission or at the direction of a constable in uniform.
Signed by authority of the Secretary of State for Transport
D R Chatterjee
Director (Transport)
London Regional Office of the Department of Transport
19th March 1990


text:
Citation
1
This Order may be cited as the Thames Water Utilities Limited (Pipelaying and Other Works) (Code of Practice) Order 1990.
Code of Practice
2
The Code of Practice prepared by the Company and certified as such by the Secretary of State is hereby approved.
Signed by authority of the Secretary of State for the Environment
Dinah Nichols
An Under Secretary in the
Department of the Environment
26th March 1990


text:
1
This Order may be cited as the A40 Trunk Road (Western Avenue, Hillingdon) (Prescribed Routes) Order 1990 and shall come into force on 31st May 1990.
2
In this Order —
“Western Avenue” means that length of the London — Fishguard Trunk Road (A40) in the London Borough of Hillingdon known as Western Avenue;
“the roundabout” means the roundabout which connects Park Road with Swakeleys Road and comprises two bridges over Western Avenue;
“the eastbound exit slip road” means the road linking the eastbound carriageway of Western Avenue with the roundabout;
“the eastbound access slip road” means the road linking the roundabout with the eastbound carriageway of Western Avenue;
“the westbound exit slip road” means the road linking the westbound carriageway of Western Avenue with the roundabout; and
“the westbound access slip road” means the road linking the roundabout with the westbound carriageway of Western Avenue.
3
No person shall cause or permit any vehicle to proceed in the eastbound exit slip road and in the eastbound access slip road in any direction other than from west to east.
4
No person shall cause or permit any vehicle to proceed in the westbound exit slip road and in the westbound access slip road in any direction other than from east to west.
5
Nothing in this Order shall apply to anything done with the permission or at the direction of a constable in uniform or of a traffic warden.
Signed by authority of the Secretary of State for Transport
S. Chatterjee
Director (Transport) London Regional Office of the
Department of Transport
24th May 1990


text:
Citation and Commencement
1
These Regulations may be cited as the Education Support Grants Regulations 1990 and shall come into force on the day after the day on which they are made.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Education (Grants and Awards) Act 1984;
“approved expenditure” means any expenditure which is approved as provided in regulation 3;
“children” includes any person who has not attained the age of 19 years;
“education authority” means a local education authority;
“further education” has the meaning assigned to it by section 41 of the Education Act 1944 ;
“grant” means a grant in pursuance of these Regulations;
“higher education” has the meaning assigned to it by section 120(1) of the Education Reform Act 1988 ;
“institution of further or higher education” means an institution providing further education or higher education or both and either —
maintained by an education authority; or
designated by or under regulations for the time being in force under section 218 of the Education Reform Act 1988 as an institution substantially dependent for its maintenance on assistance from local education authorities or on grants under section 100(1)(b) of the Education Act 1944 ;
“prescribed expenditure” means expenditure by an education authority for or in connection with any of the purposes specified in the Schedule hereto;
“primary education” has the meaning assigned to it by section 8(1)(a) of the Education Act 1944 , and “school” and “secondary school” have the meanings assigned to them by section 114 of that Act;
“racial group” has the meaning assigned to it by section 3(1) of the Race Relations Act 1976 .
2
In these Regulations a reference to a regulation is a reference to a regulation contained therein and a reference in a regulation to a paragraph is a reference to a paragraph of that regulation.
Expenditure in respect of which grants are payable
3
Grants shall only be payable in respect of prescribed expenditure incurred or to be incurred in a financial year to the extent to which that expenditure is approved for that year by the Secretary of State for the purposes of these Regulations.
Grants in respect of payments to third parties
4
Where —
a
an education authority incurs expenditure in making payments, whether by way of maintenance, assistance or otherwise, to any other body or persons (including another education authority) who incur expenditure for or in connection with educational purposes, and
b
that expenditure of the recipient of the payments or any part thereof would be prescribed expenditure if it were expenditure of the authority,
such payments shall to that extent be treated as prescribed expenditure for the purposes of these Regulations.
Rate of Grant
5
1
Subject to paragraphs (2) and (3), grants in respect of approved expenditure incurred on or after 1st April 1991 shall be payable at the rate of 60 per cent. of such expenditure.
2
Grants in respect of approved expenditure incurred on or after 1st April 1991 in respect of item 2 or 3 in the Schedule hereto shall be payable at the rate of 50 per cent. of such expenditure.
3
Grants in respect of approved expenditure incurred on or after 1st April 1991 in respect of item 27 in the Schedule hereto shall be payable at the rate of 70 per cent. of such expenditure.
Conditions for payment of grant
6
1
No payment of grant shall be made except in response to an application in writing from an education authority to the Secretary of State, authenticated by the officer of the authority responsible for the administration of their financial affairs or his deputy.
2
Applications for the payment of grant which relate to expenditure incurred on or after 1st April 1991 shall relate to expenditure over one or more of the periods specified in paragraph (3) and shall specify the approved expenditure in respect of which grant is applied for which has been or which it is estimated will be incurred by the education authority during each such period.
3
The periods referred to in paragraph (2) are —
a
for applications made by education authorities in England —
i
1st April to 31st July;
ii
1st August to 31st December;
iii
1st January to 31st March; and
b
for applications made by education authorities in Wales —
i
1st April to 30th June;
ii
1st July to 30th September;
iii
1st October to 31st December;
iv
1st January to 31st March.
4
Where an application relating to approved expenditure which has been or which it is estimated will be incurred during the period commencing on 1st January in 1991 and any subsequent year is submitted on or before 15th March in that year, such payment as the Secretary of State may determine but not exceeding three-quarters of the grant applied for in respect of that expenditure may be made forthwith, but no further payment of grant shall be made in respect of that expenditure until an application has been submitted in accordance with paragraph (5)(a).
5
Each education authority that has received or seeks to receive a payment of grant in respect of expenditure incurred during the year ending on 31st March shall, during the period commencing on 1st April or as soon as practicable thereafter —
a
submit to the Secretary of State an application which shall specify the approved expenditure in respect of which grant has been or is being applied for which has been incurred by the education authority during that year; and
b
secure the submission to the Secretary of State of an unqualified certificate, signed by the auditor appointed by the Audit Commission to audit the accounts of the authority or any auditor qualified for such appointment by virtue of section 13(5) and (6) of the Local Government Finance Act 1982 certifying that in his opinion the particulars stated in the application submitted by the authority pursuant to this paragraph are fairly stated and that the expenditure incurred was approved for the purposes of section 1 of the Act.
6
No payment of grant shall be made after 31st March 1991 in respect of expenditure incurred —
a
by an education authority in England in the period beginning on 1st August, or
b
by an education authority in Wales in the period beginning on 1st October
in any year or any subsequent period if grant was paid to the authority in respect of expenditure in the year ending on the preceding 31st March but the Secretary of State has not yet received the auditor’s certificate referred to in paragraph (5)(b) for that year.
7
Any under-payment or over-payment of grant which remains outstanding following receipt of the auditor’s certificate referred to in paragraph (5)(b) shall, without prejudice to the recovery of any over-payment from any subsequent payment of grant to the education authority, be adjusted by payment between the authority and the Secretary of State.
7
Where at the time of approving expenditure for the purpose of these Regulations, the Secretary of State requests information in respect of any purpose listed in the Schedule hereto, payment of grant in respect of that purpose shall be conditional on that information being included in the authority’s application for payment of grant.
8
1
The Secretary of State may from time to time determine further conditions on the fulfilment of which the making of any payment in pursuance of the Regulations shall be dependent.
2
Where conditions have been determined in pursuance of this regulation no grant shall be payable unless such conditions have either been fulfilled or been withdrawn in pursuance of paragraph (3).
3
The Secretary of State may determine to withdraw or, after consulting the education authority, vary conditions determined in pursuance of this regulation.
Requirements to be complied with
9
Any education authority to whom a payment of grant has been made shall, if so required by the Secretary of State, furnish him with such further information as may be required to enable him to verify that any grant paid has been properly paid under these Regulations.
10
Any education authority to whom a payment of grant has been made shall comply with such requirements (including requirements as to the repayment of grant or the payment to the Secretary of State of other sums related to the value of assets acquired, provided or improved with the aid of grant or interest on sums due to him) as may be determined by the Secretary of State in the case in question.
Revocation and transitional provisions
11
The Education Support Grants Regulations 1984 , the Education Support Grants (Amendment) Regulations 1987 and the Education Support Grants (Amendment) Regulations 1989 are hereby revoked, but nothing in this regulation shall prevent the Secretary of State making payments of grant authorised by those Regulations in respect of expenditure incurred on or before 31st March 1991, or affect any condition or requirement determined by or in accordance with any of the regulations so revoked.
K. Clarke
Secretary of State for Education and Science
11th December 1990
David Hunt
Secretary of State for Wales
11th December 1990


text:
Citation and commencement
1
This Order may be cited as the Local Government Finance (Garden Squares) (Consequential Amendments) Order 1990 and shall come into force on 1st April 1990.
Amendment of enactments
2
The enactments mentioned in column (1) of the Schedule to this Order shall have effect on and after 1st April 1990 subject to the amendments specified in column (2).
Signed by authority of the Secretary of State for the Environment
David Hunt
Minister of State,
Department of the Environment
7th March 1990


text:
1
This Order may be cited as the Prevention of Terrorism (Temporary Provisions) (Designated Ports) Order 1991 and shall come into force on 2nd December 1991.
2
In Part I of Schedule 6 to the Prevention of Terrorism (Temporary Provisons) Act 1989, there shall be omitted, under the heading “Seaports”, the word “Torquay”.
Kenneth Baker
One of Her Majesty’s Principal Secrataries of State
Home Office
21st November 1991


text:
Citation, commencement and interpretation
1
1
These Rules may be cited as the Justices of the Peace (Size and Chairmanship of Bench) (Amendment) Rules 1991 and shall come into force on 30th September 1991.
2
In these Rules, “the principal Rules ” means the Justices of the Peace (Size and Chairmanship of Bench) Rules 1990 .
Amendments to the Justices of the Peace (Size and Chairmanship of Bench) Rules 1990
2
The principal Rules shall have effect subject to the following amendments.
3
1
In rule 4(2) —
a
after the words “subject to rule 6(5)” there shall be inserted the words “and rule 6A(5)”; and
b
after the words “under rule 6” there shall be inserted the words “or rule 6A”.
2
In rule 4(5), after the words “under rule 6” there shall be inserted the words “or rule 6A”.
3
In rule 4(6)(b), at the end there shall be added “, unless that was decided at the previous election meeting, pursuant to paragraph (7) below, and a short list of candidates has been drawn up”.
4
In rule 4(6)(b), there shall be added the following paragraph: “(7) Where, pursuant to rule 5(1) of these Rules, the justices decide to adopt the procedure in rule 6A of these Rules, the number of deputy chairmen to be elected at each election meeting at which that procedure is to apply shall be decided, in respect of each such meeting, at the immediately preceding election meeting; save that where, pursuant to rule 6A(4), in respect of any election meeting, no short list of candidates is drawn up, the number of deputy chairmen to be elected shall be decided at that election meeting.”.
4
1
In the heading to rule 5, there shall be added at the end the words “or one or more deputy chairmen”.
2
For paragraph (1) of rule 5 there shall be substituted the following paragraph:
1
Subject to paragraph (1A) below, at the election meeting in October 1991, and thereafter at the election meeting in every third year, the justices for the petty sessions area shall decide whether, in relation to the three subsequent election meetings to be held, to adopt the procedure in rule 6, or, subject to paragraph (1B) below, rule 6A.
.
3
After rule 5(1) there shall be inserted the following paragraphs:
1A
Paragraph (1) of this rule does not apply, in so far as it makes provision for the procedure in rule 6 to be adopted, where, at the election meeting in October 1990, the justices for a petty sessions area decided to adopt the procedure in rule 6 in relation to the three subsequent election meetings to be held; and where the justices so decided, they may, at the election meeting in October 1991, decide that that procedure shall be adopted also in relation to the election meeting in October 1994.
1B
No decision shall be made to adopt the procedure in rule 6A unless the justices have decided that no more than five deputy chairmen shall be elected at each of the three subsequent election meetings.
.
4
In rule 5(2) —
a
after the words “procedure in rule 6” there shall be inserted the words “or rule 6A”;
b
for the words “that procedure” there shall be substituted the words “the procedure in rule 6”;
c
after the words “election for a chairman” there shall be inserted the words “, and the procedure in rule 6A shall apply in relation to any election for one or more deputy chairmen,”; and
d
after the words “specified in rule 6(1)” there shall be inserted the words “or, as the case may be, rule 6A(1),”.
5
In rule 5(3), after the words “procedure in rule 6” there shall be inserted the words “or rule 6A” and for the words “the procedure as aforesaid” there shall be substituted the words “either procedure as aforesaid”.
5
1
In rule 6(3),
a
for the words “there is an equality of number of votes cast” there shall be substituted the words “the four highest number of votes received were cast for more than four justices”; and
b
for the words “the most number of votes cast” there shall be substituted the words “the four highest number of votes cast”.
2
In rule 6(4), after the words “lesser number of justices” there shall be inserted the words “as did receive votes”.
6
After rule 6 there shall be inserted the following rule:
Procedure for drawing up short list of candidates for one or more deputy chairmen
6A
1
Where, pursuant to rule 5(1) of these Rules, the justices decide to adopt, in relation to the three subsequent election meetings to be held, the procedure in this rule, the justices' clerk shall, subject to rule 5(2) of these Rules, not more than 3 months nor less than 21 days before each of those election meetings, send by post to each justice eligible to vote at the election for the chairman and one or more deputy chairmen, a ballot paper containing the names, in alphabetical order, of all the justices acting for the petty sessions area and shall indicate the number of deputy chairmen to be elected and the date by which the completed ballot paper should be returned to him.
2
Each justice to whom a ballot paper is sent under paragraph (1) above who votes shall place a mark against the name of as many justices as there are deputy chairmen to be elected being the justices he wishes to be included on a short list of candidates for election as deputy chairmen and shall return the ballot paper to the justices' clerk by the date indicated by the justices' clerk by the date indicated by the justices' clerk under paragraph (1) above.
3
Subject to paragraph (4) below, the short list of candidates for election as deputy chairman shall comprise the names of such number of justices as equals the number of deputy chairmen to be elected multiplied by four (such product hereinafter being referred to as “x”) being the justices who received the most number of votes and, if he is not among such number, the name of any justice who received at least 10% of all the votes cast, or, where the x highest number of votes received were cast for more than x justices, the names of such larger number of justices who received the x highest number of votes cast and, if he is not among such number, the name of any justice who received who received at least 10% of all the votes cast.
4
Where the votes received are for fewer than x justices, the names of such lesser number of justices as did receive votes shall comprise the short list of candidates for election as deputy chairman unless the number of justices for whom votes are cast is fewer than the number of deputy chairmen to be elected, or, in the case where only one deputy chairman is to be elected, votes are cast for one justice only, in which case the names of such justices shall not be disclosed and no short list of candidates shall be drawn up.
5
Notice of a result of a ballot held under this rule and given in accordance with rule 4(2) of these Rules shall contain the names of the justices comprised in the short list and no other or the fact that votes were cast for fewer justices than the number of deputy chairmen to be elected, or for one justice only, as appropriate, but shall not disclose the number of votes cast for any justice.
6
Where the votes received under a ballot held under this rule were for fewer justices than the number of deputy chairmen to be elected, or, in the case where only one deputy chairman was to be elected, for one justice only, the notice of the result of the ballot shall also state that the ballot for the election of the deputy chairman or deputy chairmen will be conducted under rule 7(3) of these Rules.
.
7
1
In rule 7(1) —
a
after the words “office of chairman” there shall be inserted the words “, or for the election of one or more deputy chairmen,”; and
b
for the word “and” there shall be substituted the words “or (as the case may be)”.
2
After rule 7(1) there shall added the following paragraph — “(1A) Where there is a short list of candidates for the office of chairman or for the election of one or more deputy chairmen and the number of candidates on the short list is, for any reason, reduced to one, the election for the office of chairman or of one or more deputy chairmen, as appropriate, shall proceed under this rule as if no short list of candidates had been drawn up.”.
3
In rule 7(2) —
a
after the words “office of chairman” there shall be inserted the words “, or for the election of one or more deputy chairmen,”, and
b
for the words “and the provisions in paragraph (3) below which relate to the election of one or more deputy chairmen shall apply to the election” there shall be substituted the words “or (as the case may be)”.
4
In rule 7(4) —
a
after the words “under rule 6” there shall be inserted the words “, or the election of one or more deputy chairmen under rule 6A,”; and
b
at the end there shall be added “or (as the case may be) deputy chairman”.
8
For rule 11, there shall be substituted the following rule:
Absence of chairman or deputy chairman
11
In the absence of a chairman or deputy chairman elected under these Rules, nothing in these Rules shall prevent the appointment by justices present of one of their number to preside at a court sitting to deal with any case, provided that —
a
before making such an appointment, the justices present are satisfied as to the suitability for this purpose of the justice proposed; and
b
the justice proposed has completed an appropriate course of instruction provided by a magistrates' courts committee in accordance with arrangements approved by the Lord Chancellor under section 63 of the Justices of the Peace Act 1979, unless by reason of illness or other emergency no such justice is present.
.
Mackay of Clashfern, C.
Dated 30th August 1991


text:
Citation and commencement
1
These Regulations may be cited as the Taxes (Interest Rate)(Amendment) (No. 2) Regulations 1991 and shall come into force on 6thMay 1991.
Amendments to the Taxes (Interest Rate) Regulations 1989
2
In regulation 5 of the Taxes (Interest Rate) Regulations 1989 —
a
for“6th April 1991” there shall be substituted“6th May 1991”;
b
for“13.5 per cent. per annum” there shall be substituted“12.75 per cent. per annum”.
Irvine Patnick
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
2nd May 1991


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Adoption Allowance (Amendment) Regulations 1991 and shall come into force on 14th October 1991 immediately after the principal Regulations.
2
In these Regulations “the principal Regulations” means the Adoption Allowance Regulations 1991
Amendment of regulation 4(2) of the principal Regulations
2
Regulation 4(2) of the principal Regulations (exceptions from procedure in determining whether an allowance should be paid) shall be amended as follows —
a
in sub-paragraph (a)(i) of that regulation for “paragraph (i)” there shall be substituted “paragraph (1)”;
b
in sub-paragraph (a)(iii) of that regulation for “adopters” there shall be substituted “agency”.
Signed by the authority of the Secretary of State for Health
Stephen Dorrell
Parliamentary Under-Secretary of State,
Department of Health
23rd September 1991.


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Costs in Criminal Cases(General) (Amendment) Regulations 1991 and shall come into force on 1stMay 1991.
2
In these Regulations a regulation referred to by number means aregulation so numbered in the Costs in Criminal Cases (General)Regulations 1986 .
Amendment of the Costs in Criminal Cases (General) Regulations 1986
2
1
After Regulation 3 there shall be inserted the following new Part tothe Regulations:–
PART IIA
WASTED COSTS ORDERS
Application and definitions
3A
This Part of these Regulations applies to action taken by a courtunder section 19A of the Act and in this Part of theseregulations:–
“wasted costs order” means any action taken by a court under section 19A of the Act;and
“interested party” means the party benefiting from the wasted costs order and, wherehe was legally aided, or an order for the payment of costs out ofcentral funds was made in his favour, shall include the authorityresponsible for determining costs payable in respect of work done underthe legal aid order or out of central funds as the case may be.
General
3B
1
A wasted costs order may provide for the whole or any part of thewasted costs to be disallowed or ordered to be paid and the court shallspecify the amount of such costs.
2
Before making a wasted costs order the court shall allow the legalor other representative and any party to the proceedings to makerepresentations.
3
When making a wasted costs order the court may take into account anyother order as to costs in respect of the proceedings and may take thewasted costs into account when making any other such order.
4
Where a wasted costs order has been made the court shall notify anyinterested party of the order and the amount disallowed or ordered to bepaid.
Appeals
3C
1
A legal or other representative against whom the wasted costs orderis made may appeal–
a
in the case of an order made by a magistrates' court, to the CrownCourt, and
b
in the case of an order made at first instance by the Crown Court,to the Court of Appeal.
2
Subject to paragraph (4), an appeal shall be instituted within 21days of the wasted costs order being made by the appellant’s givingnotice in writing to the court which made the order, stating the groundsof appeal.
3
The appellant shall serve a copy of the notice of appeal andgrounds, including any application for an extension of time in which toappeal, on any interested party.
4
The time limit within which an appeal may be instituted may, forgood reason, be extended before or after it expires–
a
in the case of an appeal to the Crown Court, by a judge of thatcourt;
b
in the case of an appeal to the Court of Appeal, a judge of theHigh Court or Court of Appeal,
and in each case the court to which the appeal is made shall givenotice of the extension to the appellant, the court which made thewasted costs order and any interested party.
5
The court shall give notice of the hearing date to the appellant,the court which made the wasted costs order and any interested party andshall allow the interested party to make representations which may bemade orally or in writing.
6
The court may affirm, vary or revoke the order as it thinks fit andshall notify its decision to the appellant, any interested party and thecourt which made the order.
Recovery of sums due under a wasted costs order
3D
Where the person required to make a payment in respect of sums dueunder a wasted costs order fails to do so, the payment may be recoveredsummarily as a sum adjudged to be paid as a civil debt by order of amagistrates' court by the party benefiting from the order, save thatwhere he was legally aided or an order for the payment of costs out ofcentral funds was made in his favour, the power to recover shall beexercisable by the Lord Chancellor.
2
In regulation 26–
a
in paragraph (1) for the words“party to the proceedings” there shall be substituted the word“person”;
b
after paragraph (2) there shall be inserted the following newparagraph:–
3
In this regulation“costs order” shall include a wasted costs order as defined by regulation 3A ofthese Regulations.
.
Mackay of Clashfern, C
Dated 21st March 1991


text:
1
1
These Regulations may be cited as the Representation of the People(Amendment) Regulations 1991.
2
These Regulations do not extend to Scotland or Northern Ireland.
3
These Regulations shall come into force when the Representation ofthe People Act 1990 comes into force in England and Wales.
2
After regulation 63 of the Representation of the People Regulations1986 , there shall be inserted the following regulation:
Additional requirement for applicant no longer resident at qualifying address
63A
An application under paragraph (aa) of section 6(2) of the Actof 1985 shall specify the address, if any, at which theapplicant is resident at the date of the application.
.
Kenneth Baker
One of Her Majesty’s Principal Secretaries of State
Home Office
15th May 1991


text:
Citation, commencement, interpretation and revocation
1
1
This Order may be cited as the Estate Agents (Undesirable Practices)(No. 2) Order 1991 and shall come into force on 29th July 1991.
2
In this Order —
“ the Act ” means the Estate Agents Act 1979;
“associate” has the meaning given to it in section 32(1) of the Act;
“client” means a person on whose behalf an estate agent acts;
“connected person” in relation to an estate agent means any of the following —
his employer or principal, or
any employee or agent of his, or
any associate of his or of any person mentioned in (a) and (b)above;
“estate agent” means any person who in the course of a business (including one inwhich he is employed) engages in estate agency work and includes caseswhere he is negotiating on his own behalf;
“estate agency work” has the meaning given in section 1(1) of the Act;
“financial benefit” includes commission and any performance related bonus;
“interest in land” means any of the interests referred to in section 2 of the Act andreferences to an
“interest in the land” are references to the particular interest in land of which theestate agent is engaged to secure the disposal or acquisition;
“promptly” means within as short a period as is reasonably practicable in thecircumstances, from the moment when what is to be done can reasonably bedone;
“purchaser” means a person to whom an interest in land is transferred or inwhose favour it is created;
“services” means any service for consideration provided, or to be provided, toa prospective purchaser —
by an estate agent or a connected person, or (in a case where theestate agent or connected person would derive a financial benefit fromthe provision of the service) by another person, and which
is such as would ordinarily be made available to a prospective purchaser in connection with his acquisition of an interest in land or his use orenjoyment of it (including the provision to that purchaser of bankingand insurance services and financial assistance and securing thedisposal for that purchaser of an interest in land if that disposal isone which has to be made in order for him to be able to make theacquisition he is proposing or is one which is a result of thatacquisition).
3
The Estate Agents (Undesirable Practices) Order 1991 is hereby revoked.
Undesirable Practices
2
For the purposes of section 3(1)(d) of the Act the followingpractices in relation to estate agency work are hereby declaredundesirable, that is to say as regards —
a
the disclosure of a personal interest, any failure to disclose thatinterest as described in Schedule 1 to this Order;
b
the arrangement and performance of services, any act or omission asdescribed in Schedule 2 to this Order;
c
other matters in the course of that work, any misdescription oromission of the kind described in Schedule 3 to this Order;
and the provisions of such Schedules shall have effect for supplementing the above paragraphs.
Peter Lilley
Secretary of State
Department of Trade and Industry
19th April 1991


text:
Citation and commencement
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No. 2) Regulations 1991 and shall come into force on 1st August 1991.
2
The Road Vehicles (Construction and Use) Regulations 1986 shall be further amended in accordance with the following provisions of these Regulations.
Speed Limiters for Goods Vehicles
3
1
After regulation 36A (speed limiters), there shall be inserted the following new regulation–
36B
1
Subject to paragraph (6), this regulation applies to every motor vehicle which–
a
is a goods vehicle;
b
has a maximum gross weight exceeding 7500 kg ;
c
is first used on or after 1st August 1992; and
d
has, or if a speed limiter were not fitted to it would have, a relevant speed exceeding 60 mph.
2
A vehicle to which this regulation applies shall not be used on a road unless it has been fitted with a speed limiter.
3
Every speed limiter fitted in accordance with paragraph (2) shall–
a
comply with Part I of the British Standard;
b
be calibrated to a set speed not exceeding 60 mph;
c
be sealed in such a manner as to protect the limiter against any improper interference or adjustment and against any interruption of its power supply; and
d
be maintained in good and efficient working order.
4
Sub-paragraphs (a) and (b) of paragraph (3) shall not apply to a speed limiter which complies with a standard or a technical regulation of another Member State or an international standard recognised in another Member State, which offers equivalent guarantees of safety, suitability and fitness for the purpose, and which is calibrated to a speed not exceeding 60 mph.
5
A vehicle to which a speed limiter has been fitted shall not be driven on a road unless the speed limiter is functioning except for the purpose of–
a
completing a journey in the course of which the speed limiter has accidentally ceased to function; or
b
taking the vehicle to a place where the speed limiter is to be repaired or replaced.
6
This regulation does not apply to a vehicle–
a
which is being taken to a place where a speed limiter is to be installed or calibrated;
b
owned by the Secretary of State for Defence and used for naval, military or air force purposes;
c
used for naval, military or air force purposes while being driven by a person for the time being subject to the orders of a member of the armed forces of the Crown;
d
while it is being used for fire brigade, ambulance or police purposes; or
e
if and so long as it is exempt from vehicle excise duty by section 7(1) of the Vehicles (Excise) Act 1971 .
7
In this regulation–
“Member State” shall be construed in accordance with Schedule I to the European Communities Act 1972;
“Part I of the British Standard”, “set speed” and “speed limiter” have the same meanings respectively as in regulation 36A; and
“relevant speed” means the speed which a vehicle is incapable, by reason of its construction, of exceeding on the level under its own power when unladen.
.
2
After regulation 70A (speed limiters – plates), there shall be inserted the following new regulation–
70B
1
Paragraph (2) applies to every vehicle to which regulation 36B applies and which is fitted with a speed limiter which complies with Part I of the British Standard or with a relevant standard.
2
Every vehicle to which this paragraph applies shall be equipped with a plate which is in a conspicuous and readily accessible position within the driving compartment and which–
a
if the speed limiter fitted to the vehicle complies with Part I of the British Standard, satisfies the requirements of paragraph (3), or
b
whether that speed limiter complies with Part I of the British Standard or not, satisfies the requirements of paragraph (4),
in relation to that speed limiter.
3
In order to satisfy the requirements of this paragraph, a plate must show clearly and indelibly the particulars specified in clause 10 of Part I of the British Standard and the words “SPEED LIMITER FITTED”.
4
In order to satisfy the requirements of this paragraph, a plate must show clearly and indelibly–
a
details of a relevant standard with which the speed limiter complies,
b
the name or trade mark of the calibrator,
c
the speed at which the speed limiter has been set, and
d
the words “SPEED LIMITER FITTED”.
5
In this regulation–
“calibrator”, in relation to a speed limiter fitted to a vehicle means–
if the person who carried out the final check of the installation and calibration of the speed limiter was employed to do so by another person, his employer; or
in any other case, the person who carried out that final check.
“Member State” shall be construed in accordance with Schedule I to the European Communities Act 1972;
“Part I of the British Standard” and “speed limiter” have the same meaning respectively as in regulation 36A;
“relevant standard” means a standard or a technical regulation of another Member State or an international standard recognised in another Member State, which offers equivalent guarantees of safety, suitability and fitness for the purpose; and
“trade mark” has the same meaning as in Regulation 70A.
.
Signed by authority of the Secretary of State for Transport
Christopher Chope
Parliamentary Under Secretary of State,
Department of Transport
4th July 1991


text:
1
1
These Regulations may be cited as the Removal, Storage and Disposal of Vehicles (Prescribed Sums and Charges etc.) (Amendment) Regulations 1991 and shall come into force on 1st April 1991.
2
In these Regulationss, “the 1989 Regulations ” means the Removal, Storage and Disposal of Vehicles (Prescribed Sums and Charges etc.) Regulations 1989 .
3
The Removal, Storage and Disposal of Vehicles (Prescribed Sums and Charges etc.) (Amendment) Regulations 1990 are hereby revoked.
2
1
Regulations 3(1)(a), (2)(a) and (3) of the 1989 Regulations shall be amended by the substitution of “£85” for “£80” in each place where it occurs.
2
Regulations 3(1)(b), (2)(b) and (4) of the 1989 Regulations shall be amended by the substitution of “£12” for “£10” in each place where it occurs.
Kenneth Baker
One of Her Majesty’s Principal Secretaries of State
Home Office
25th February 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1991 and shall come into force on the 8th April 1991.
2
In this Order, the expression “the principal Order ” means the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983.
Amendment of article 18 of the principal Order
2
In article 18 of the principal Order (unemployability allowances) in paragraph (2) for the amount “£1,820” there shall be substituted the amount “£2,028”.
Amendment of Schedules to the principal Order
3
1
In Schedule 1 to the principal Order (rates of pension and other grants payable in respect of disablement)–
a
for Tables 1 and 3 of Part II there shall respectively be substituted the Tables set out in Schedules 1 and 2 to this Order;
b
for Tables 1 and 2 of Part III there shall respectively be substituted the Tables set out in Schedules 3 and 4 to this Order;
c
for Part IV there shall be substituted the Part set out in Schedule 5 to this Order.
2
In Schedule 2 to the principal Order (rates of pension and other grants payable in respect of death)–
a
for Table 1A of Part II there shall be substituted the Table set out in Schedule 6 to this Order;
b
for the amount “£3,178” in the second column of Table 1B of Part II there shall be substituted the amount “£3,525”;
c
for the amounts “£60.95” and “£14.07” in the second and third columns of Table 3 of Part II there shall respectively be substituted the amounts “£67.60” and “£15.60”;
d
for Table 5 of Part II there shall be substituted the Table set out in Schedule 7 to this Order;
e
for Part III there shall be substituted the Part set out in Schedule 8 to this Order.
Amendment of article 26A of the principal Order
4
For sub-paragraph (a) of paragraph (1) of article 26A there shall be substituted the following sub-paragraph–
a
disablement as a result of the amputation of both legs, at levels which are either through or above the ankle; or
G. I. de Deney
Clerk of the Privy Council


text:
1
This Order may be cited as the School Teachers' Pay and Conditions Act 1991 (Commencement No. 1) Order 1991.
2
Sections 1, 4, 5 and subsections (1), (2), (4) and (5) of section 6 of, and Schedule 1 to, the School Teachers' Pay and Conditions Act 1991 shall come into force on 22nd August 1991.
Michael Fallon
Parliamentary Under Secretary of State,
Department of Education and Science
15th August 1991


text:
1
This Order may be cited as the Broadcasting (Local Delivery Services) (Amendment) Order 1991 and shall come into force on 1st November 1991.
2
The Schedule to the Broadcasting (Local Delivery Services) Order 1990 shall be amended as follows:
a
in paragraph 1 of Part I, for the definition of “ DBS service” there shall be substituted the following definition:
“the DBS service” means any DBS services which are provided by the Commission in accordance with Part II of Schedule 11 to the 1990 Act;
, and
b
in paragraph 2(f) of Part II, the word “local” shall be omitted.
Kenneth Baker
One of Her Majesty’s Principal Secretaries of State
Home Office
30th September 1991


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Estate Agents (Provision ofInformation) Regulations 1991 and shall come into force on 29th July1991.
2
In these regulations —
“ the Act ” means the Estate Agents Act 1979;
“associate” has the meaning given to it in section 32(1) of the Act;
“client” means a person on whose behalf an estate agent acts;
“connected person” in relation to an estate agent means any of thefollowing —
his employer or principal, or
any employee or agent of his, or
any associate of his or of any person mentioned in (a) and (b)above;
“estate agent” means any person who in the course of a business (including one inwhich he is employed) engages in estate agency work and includes caseswhere he is negotiating on his own behalf;
“estate agency work” has the meaning given in section 1(1) of the Act;
“financial benefit” includes commission and any performance related benefit;
“interest in land” means any of the interests referred to in section 2 of the Act andreferences herein to an“interest in the land” are references to the particular interest in land of which theestate agent is engaged to secure the disposal or acquisition;
“purchaser” means a person to whom an interest in land is transferred or inwhose favour it is created;
“services” means any services to a prospective purchaser for consideration,being services which are such as would ordinarily be made available to aprospective purchaser in connection with his acquisition of an interestin land or his use or enjoyment of it (including the provision to thatpurchaser of banking and insurance services and financial assistance andsecuring the disposal for that purchaser of an interest in land if thatdisposal is one which has to be made in order for him to be able to makethe acquistion he is proposing or is one which is a result of thatacquisition).
Additional information as to services
2
1
The following additional information is hereby prescribed and shallbe given by an estate agent to his client, that is to say as to theservices —
a
which the estate agent is himself offering, or intends to offer, toany prospective purchaser of an interest in the land; or
b
which he knows a connected person or (in a case where he or aconnected person would derive a financial benefit from the provision ofthe service) another person is offering, or intends to offer, to anyprospective purchaser of an interest in the land.
2
The additional information referred to in paragraph (1) above shallbe given at the time and in the manner specified in Regulations 3 and 4below.
Time of giving information
3
1
The time when an estate agent shall give the information specifiedin section 18(2) of the Act, as well as the additional informationprescribed in Regulation 2 above, is the time when communicationcommences between the estate agent and the client or as soon as isreasonably practicable thereafter provided it is a time before theclient is committed to any liability towards the estate agent.
2
The time when an estate agent shall give the details of any changesto the terms of the contract between himself and his client as arementioned in section 18(3) of the Act, is the time when, or as soon asis reasonably practicable after, those changes are agreed.
Manner of giving information
4
The additional information prescribed in Regulation 2 above and theinformation required to be given under section 18(2) and (3) of the Actshall be given by the estate agent in writing.
Explanation of terms concerning client’s liability to payremuneration to an estate agent
5
1
If any of the terms“sole selling rights”,“sole agency” and“ready, willing and able purchaser” are used by an estate agent in the course of carrying out estateagency work, he shall explain the intention and effect of those terms tohis client in the manner described respectively below, that is tosay —
a
“sole selling rights”, by means of a written explanation having the form and content ofthe statement set out in paragraph (a) of the Schedule to theseRegulations;
b
“sole agency”, by means of a written explanation having the form and content ofthe statement set out in paragraph (b) of the Schedule to theseRegulations; and
c
“ready, willing and able purchaser”, by means of a written explanation having the form and content ofthe statement set out in paragraph (c) of the Schedule to theseRegulations:
Provided that if, by reason of the provisions of the contract inwhich those terms appear, the respective explanations are in any waymisleading, the content of the explanation shall be altered so asaccurately to describe the liability of the client to pay remunerationin accordance with those provisions.
2
Any other terms which, though differing from those referred to inparagraph (1) above, have a similar purport or effect shall be explainedby the estate agent to his client by reference to whichever ofparagraphs (a), (b) or (c) of the Schedule to these Regulations isappropriate, subject also to the proviso to paragraph (1) above.
3
The explanation of the terms mentioned in paragraphs (1) and (2)above shall be given by the estate agent to his client in a documentsetting out the terms of the contract between them (whether thatdocument be a written or printed agreement, a letter, terms ofengagement or a form, and whether or not such document is signed by anyof the parties), and shall be given at the time specified in Regulation3(1) and (2) above.
Prominence etc. of explanation
6
1
Subject to the proviso to Regulation 5(1) and (2) above, theexplanations set out in the Schedule to these Regulations shall bereproduced in the documents embodying them in the same form as theyappear in that Schedule and without any material alterations oradditions to the text, and shall be shown prominently, clearly andlegibly.
2
The wording of such explanations shall be given no less prominencethan that given to any other information in the document setting out theterms of the contract (as more particularly described in Regulation 5(3)above) between the estate agent and his client apart from the headingthereto, trade names, names of the parties and numbers or letteringsubsequently inserted therein in handwriting or in type.
Edward Leigh
Parliamentary Under Secretary of State,
Department of Trade and Industry
28th March 1991


text:
PART I
GENERAL
Citation, commencement and scope
1
1
These Regulations may be cited as the Medicines (Products for Human Use — Fees) Regulations 1991, and shall come into force on 18th July 1991.
2
Subject to paragraph (3) below, these Regulations apply only to fees payable —
a
in connection with applications for the grant, variation or renewal of licences or certificates under Part II of the Medicines Act 1968 relating wholly or partly to medicinal products for human use;
b
in respect of inspections made in connection with applications for the grant, variation or renewal of, or during the currency of any such licence;
c
in connection with the holding of such licences.
3
No fee shall be payable under these Regulations in connection with any application for the grant, variation or renewal of a licence or certificate under Part II of the Act where that application is made at the specific written invitation of the licensing authority.
Interpretation
2
1
In these Regulations, unless the context requires otherwise —
“the Act” means the Medicines Act 1968 and, except as provided below, expressions used in these Regulations have the same meaning as in that Act;
“capital fee” means any fee, other than a periodic fee, payable under the provisions of these Regulations;
“licence fee period” means the period beginning with the coming into force of these Regulations and ending on 31st March 1992 and subsequently, the period beginning with the first day of April in any year and ending with the last day of March in the following year;
“medicinal product” includes any substance or article specified in any order made under section 104 or 105(1)(a) of the Act which directs that Part II of the Act shall have effect in relation to such substance or article;
“periodic fee” means a fee payable under regulation 14;
“product licence (parallel import)” means a product licence in respect of a medicinal product which is imported into the United Kingdom from another Member State of the European Economic Community, in respect of which there has been granted a marketing authorisation in another Member State of that Community and which has no differences having therapeutic effect from a medicinal product in respect of which a product licence has previously been granted in the United Kingdom;
“relevant licence fee period” means any licence fee period during any part of which a licence in respect of which a periodic fee is payable is in force.
2
The interpretation provisions contained in Part I of Schedule 1 and Parts I and II of Schedule 3 shall have effect.
3
In these Regulations any reference to a regulation or a Schedule shall be construed as a reference to a regulation contained in these Regulations, or as the case may be, to a Schedule thereto, and any reference in a regulation, Schedule or Part of a Schedule, to a numbered paragraph shall be construed as a reference to a paragraph of that regulation or, as the case may be, Schedule, or Part of a Schedule bearing that number.
Fees payable in connection with applications and inspections
3
1
Subject to paragraph (2), the amount of a capital fee payable in connection with an application is that payable in accordance with these Regulations as in force when the application is made.
2
The amount of a fee payable in respect of an inspection is that payable in accordance with these Regulations as in force when the inspection is made.
PART II
CAPITAL FEES FOR APPLICATIONS FOR LICENCES OR CERTIFICATES AND FOR ASSOCIATED INSPECTIONS
Applications for licences and certificates
4
Subject to regulations 5, 19 and 23, in connection with an application for a product licence, a manufacturer’s licence, a wholesale dealer’s licence or a clinical trial certificate, there shall be payable by the applicant —
a
the fee prescribed in Part II of Schedule 1 in connection with that application; and
b
in respect of any inspection of a description falling within paragraph 1 of Schedule 2 made in connection with that application the fee payable in accordance with paragraphs 2 to 5 of that Schedule.
Inspections in connection with multiple applications for licences
5
Where an inspection mentioned in regulation 4(b) is made at a site which has been named as a possible site for manufacture or assembly of a medicinal product by more than one applicant for —
a
a product licence and that site is located outside the United Kingdom; or
b
a manufacturer’s licence and that site is located in the United Kingdom,
the fee in respect of that inspection shall be payable in equal proportions by each applicant in connection with an application for such licence.
Applications for certificates by exporters of medicinal products
6
1
In connection with an application for a certificate issued under section 50 of the Act, there shall be payable by the applicant —
a
if the applicant requests that the certificate be issued within 24 hours of receipt of the application, a fee of £150;
b
in any other case, a fee of £75; and
c
in either case —
i
a fee of £75 for each set of certificates requested by the applicant in addition to one; and
ii
a fee of £15 for each certified copy of the original certificate, not forming part of a set of certificates, requested by the applicant.
2
In paragraph (1)(c)(i) above, “set of certificates” means an original certificate plus up to four certified copies of that certificate.
PART III
CAPITAL FEES FOR APPLICATIONS FOR VARIATIONS OF LICENCES OR CERTIFICATES AND FOR ASSOCIATED INSPECTIONS
Variations of licences and certificates
7
Subject to regulations 8, 9, 19 and 23, in connection with an application under section 30 of the Act for the variation of a provision of a product licence, a manufacturer’s licence or a wholesale dealer’s licence, and under section 39(4) for the variation of a clinical trial certificate, there shall be payable by the applicant —
a
the fee prescribed in Part III of Schedule 1 in connection with that application; and
b
in respect of any inspection of a description referred to in paragraph 1 of Schedule 2 made in connection with that application, the fee payable in accordance with paragraphs 2 to 5 of that Schedule.
Inspections in connection with multiple applications for variations of licences
8
Where an inspection mentioned in regulation 7(b) is made at a site which has been named as a possible site for manufacture or assembly of a medicinal product by more than one applicant for a variation to —
a
a product licence and that site is located outside the United Kingdom; or
b
a manufacturer’s licence and that site is located in the United Kingdom,
the fee in respect of that inspection shall be payable in equal proportions by each of those applicants.
Applications for multiple variations
9
1
Subject to paragraph (2), a separate fee shall be payable in respect of each variation of each provision of a licence or certificate applied for in any one application.
2
In respect of a variation which is wholly consequential upon another variation of a provision of a licence or certificate which is applied for in the same application, no separate fee shall be payable.
PART IV
CAPITAL FEES FOR APPLICATIONS FOR RENEWALS OF CLINICAL TRIAL CERTIFICATES AND FOR CERTAIN MANUFACTURERS' LICENCES AND FOR ASSOCIATED INSPECTIONS
Renewals of clinical trial certificates
10
Subject to regulations 12, 19 and 23, in connection with an application under section 38(2) of the Act for renewal of a clinical trial certificate, there shall be payable by the applicant a fee of £3,500.
Renewals of certain manufacturers' licences
11
1
Subject to regulations 12 and 23, the fee payable in connection with an application for renewal of a manufacturer’s licence which is limited solely to the manufacture or assembly of medicinal products, the sale or supply of which do not require a product licence and to which Article 2(2)(i)(e) of the Medicines (Exemption from Licences) (Special and Transitional Cases) Order 1971 applies shall be £80.
2
In respect of any inspection made in connection with an application referred to in paragraph (1), the fee payable shall be that prescribed in paragraph 2(d) of Schedule 2.
Renewals in terms which are not identical to the existing certificate or licence
12
Where an applicant applies for the renewal of a certificate or licence so as to contain provisions which are not identical to that certificate or licence as in force at the date of that application, he shall pay, in addition to any fee otherwise payable in respect of that renewal under this Part of these Regulations, a fee equal to the fee which would have been payable under Part III of these Regulations had he made a separate application for each variation of that certificate or licence.
PART V
FEES FOR INSPECTIONS MADE DURING THE CURRENCY OF A LICENCE
Fees payable
13
1
Subject to paragraph (5) and to regulations 19 and 23, a fee in accordance with paragraphs 2 to 5 of Schedule 2 shall be payable in respect of any inspection of a site made during the currency of a product licence, a manufacturer’s licence or a wholesale dealer’s licence (except for any inspection in respect of which a fee is otherwise payable under Parts III or IV of these Regulations).
2
Subject to paragraph (4), the fee payable under paragraph (1) in respect of an inspection of a site made during the currency of a manufacturer’s licence or a wholesale dealer’s licence shall be payable by the holder of that licence.
3
Where a fee is payable under paragraph (1) in respect of an inspection of a site located outside the United Kingdom, the fee shall be payable in equal proportions by each holder of a product licence in which that site is named as a possible site for manufacture of the medicinal product in respect of which the product licence is granted.
4
In a case where a site located in the United Kingdom is named as a possible site for the manufacture of a medicinal product and in respect of which two or more manufacturers' licences are in force, any fee payable under paragraph (1) shall be payable in equal proportions by the holders of those licences.
5
No fee shall be payable in respect of any inspection of a site carried out within 6 months of a previous inspection in order to ascertain whether alterations or improvements to the premises concerned which were required in writing by the licensing authority as the result of that previous inspection have been carried out.
PART VI
PERIODIC FEES FOR LICENCES
Fees payable
14
1
Subject to paragraphs (2) and (4) and to regulations 19 and 23, there shall be payable by the holder of a product licence (including a product licence of right), a manufacturer’s licence or a wholesale dealer’s licence a fee in connection with the holding of the licence in respect of each licence fee period during any part of which the licence is in force.
2
Product licences of a type referred to in Part IV of Schedule 3 shall be treated for the purposes of paragraph (1) above as if they were one product licence and only one periodic fee in respect of each relevant licence fee period shall be payable in connection with the holding of such product licences.
3
The periodic fee shall be the appropriate fee prescribed in Part III of Schedule 3.
4
No periodic fee shall be payable in respect of the licence fee period during which a licence is first granted.
PART VII
ADMINISTRATION
Payment of fees to Ministers
15
Any sums which under the provisions of these Regulations become payable by way of, or on account of, fees shall be paid to one of the Ministers specified in section 1(1)(a) of the Act.
Time for payment of capital fees in connection with applications or inspections
16
1
Subject to paragraph (2) and to regulations 17 and 19, all sums payable by way of capital fees under these Regulations in connection with any application shall be payable at the time of the application.
2
All sums payable by way of fees in respect of inspections made either in connection with an application for, or during the currency of, a licence or certificate shall become payable within 14 days following written notice from the licensing authority requiring payment of those fees.
Time for payment of capital fees — applications made by small companies
17
1
Schedule 4 shall have effect with respect to the capital fee payable in connection with an application made by or on behalf of a small company.
2
For the purpose of these Regulations, a company is a small company if, for the financial year before that in which the application is made, the amount of its turnover for the financial year is not more than the amount for the time being specified in section 248(1)(a) of the Companies Act 1985 ; and
a
its balance sheet total (as defined in section 248(3) of that Act) is not more than the amount for the time being specified in section 248(1)(b) of that Act; or
b
the average number of persons employed by the company in the financial year before that in which the application is made (determined on a weekly basis) does not exceed the number for the time being specified in section 248(1)(c) of that Act.
Time for payment of periodic fees
18
1
Subject to paragraph (2), all periodic fees shall be payable on the first day of the licence fee period to which they relate.
2
Periodic fees payable in respect of the licence fee period beginning with the date of coming into force of these Regulations, shall be payable within 28 days of receipt of a written notice given by the licensing authority requiring payment of such fees.
Adjustment, waiver, reduction or refund of fees
19
1
If after a capital or periodic fee was paid it becomes apparent that —
a
a lesser fee was properly payable, the excess shall be refunded to the applicant or, as the case may be, the holder of the licence or certificate concerned; or
b
a higher fee was properly payable, the balance due shall be payable within 14 days following written notice from the licensing authority to the applicant or, as the case may be, the holder of the licence or certificate concerned requiring payment of that balance.
2
The licensing authority shall, to the extent provided in Schedule 5 in relation to capital fees or in Schedule 6 in relation to periodic fees,
a
adjust, waive payment of, or reduce any fee or part of a fee otherwise payable under these Regulations; or
b
refund the whole or part of any fee already paid.
Suspension of licences or certificates
20
Where any sum due by way of, or on account of, any fee or any part thereof payable under these Regulations remains unpaid by the holder of a licence or certificate, the licensing authority may serve a notice on him requiring payment of the sum unpaid and if, after a period of one month from the date of service of such notice, or such longer period as the licensing authority may allow, that sum remains unpaid, the licensing authority may forthwith suspend the licence or certificate until that sum has been paid.
Civil proceedings to recover unpaid fees
21
All unpaid sums due by way of, or on account of, any fees payable under these Regulations shall be recoverable as debts due to the Crown.
PART VIII
REVOCATION, SAVINGS AND TRANSITIONAL PROVISIONS
Revocation and Savings
22
1
Subject to paragraph (2), the following regulations (in this Part of these Regulations called “the revoked regulations”) are hereby revoked: —
a
The Medicines (Fees Relating to Medicinal Products for Human Use) Regulations 1989 ;
b
The Medicines (Fees Relating to Medicinal Products for Human Use) Amendment Regulations 1990 ; and
c
The Medicines (Fees Relating to Medicinal Products for Human Use) Amendment ( No. 2) Regulations 1990 .
2
Paragraph (1) shall not affect —
a
any notice given or any suspension made under the revoked regulations and any such notice or suspension shall have effect as if given or made under these Regulations; and
b
any proceedings constituted under the revoked regulations for the recovery of any fees due as debts to the Crown.
Transitional provisions
23
1
In relation to capital fees, these Regulations shall not apply in connection with any application made before the date on which these Regulations come into force.
2
In connection with any periodic fee payable under these Regulations, these Regulations shall not apply —
a
to any licence in respect of which the licensing authority has received notice of surrender prior to the coming into force of these Regulations; or
b
so as to impose any liability to pay a periodic fee in respect of any period prior to the coming into force of these Regulations.
3
Where a fee was payable under the revoked regulations in connection with an application made before the date on which these Regulations come into force for the renewal of a licence, except a manufacturer’s licence of the type referred to in regulation 11(1), which is due to expire on or after that date, the fee shall be refunded or, if it has not yet been paid, shall be waived; but this paragraph does not apply to any increase in such a fee which was payable under regulation 12 of the Medicines (Fees Relating to Medicinal Products for Human Use) Regulations 1989.
4
Where a fee is payable in connection with an application made before the date on which these Regulations come into force for the renewal of a clinical trial certificate expiring on or after that date, the difference between the fee paid and the fee payable under regulation 10 shall be refunded or, if it has not yet been paid, that difference shall be waived but this paragraph does not apply to any increase in such a fee payable under regulation 12 of the Medicines (Fees Relating to Medicinal Products for Human Use) Regulations 1989.
William Waldegrave
Secretary of State for Health
26th June 1991
Signed by authority of the Secretary of State for Wales.
Nicholas Bennett
Parliamentary Under-Secretary of State, Welsh Office
26th June 1991
Ian Lang
Secretary of State for Scotland
26th June 1991
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 27th June 1991.
Trumpington
Minister of State, Ministry of Agriculture, Fisheries and Food
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on 27th June 1991.
F. A. Elliott
Permanent Secretary
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland on 27th June 1991.
W. J. Hodges
Permanent Secretary
We consent,
Sydney Chapman,
Greg Knight,
Two of the Lords Commissioners of Her Majesty’s Treasury
27th June 1991