text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Community Charges and Non-Domestic Rating (Demand Notices) (City of London) Regulations 1990 and shall come into force on 7th March 1990.
2
In these Regulations —
“ the Act ” means the Local Government Finance Act 1988;
“community charge demand notice” means a demand notice within the meaning of Part III of the Community Charges (Administration and Enforcement)Regulations 1989 which is given by the Common Council (including such a notice given pursuant to the Community Charges (Co-owners) Regulations 1990 );
“rate demand notice” means a demand notice within the meaning of Part II of the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989 which is given by the Common Council (including such a notice given pursuant to Part II of the Non-Domestic Rating (Collection and Enforcement) (Miscellaneous Provisions) Regulations 1990 (joint owners and occupiers));
“the relevant charge” in relation to a notice means the amount set by the Common Council under section 32, 34 or 35 of the Act which is applicable to the notice, or which would be so applicable but for any provision of the Personal Community Charge (Relief) (England) Regulations 1990 ;
“the relevant year” in relation to a notice means the chargeable financial year to which the demand for payment made by it relates;
“the special grant report” means the report made on 20th December 1989 by the Secretary of State for Education and Science and on 21st December 1989 by the Secretary of State for the Environment under section 146 of the Local Government and Housing Act 1989 ; and
“specific grants” means grants or subsidies which fall to be credited to revenue account and which are paid out of monies provided by Parliament, other than grants or subsidies which fall to be paid into a collection fund under section 90(1) of the Act.
Content of demand notices, etc.
2
1
A community charge demand notice shall —
a
where it relates to a personal community charge and the amount demanded under it is not calculated by reference to section 13 of the Act, contain the matters specified in Part I of Schedule 1,
b
where it relates to a personal community charge and the amount demanded under it is calculated by reference to section 13 of the Act, contain the matters specified in Part II of that Schedule;
c
where it relates to a standard community charge contain the matters specified in Part III of that Schedule;
d
where it relates to a collective community charge contain the matters specified in Part IV of that Schedule.
2
Part V (interpretation, etc.) of Schedule 1 shall have effect for the purposes of Parts I to IV of that Schedule.
3
A rate demand notice shall contain the matters specified in Schedule 2.
4
The Common Council must supply the information specified in Part I of Schedule 3 when it serves a community charge demand notice, and must supply the information specified in Part II of that Schedule when it serves a rate demand notice; and Part III of that Schedule (interpretation, etc.) shall have effect for the purposes of those Parts I and II.
Invalid notices
3
1
Where —
a
a notice is invalid because it does not comply with regulation 2(1),
b
the failure so to comply was due to a mistake, and
c
the amounts required to be paid under the notice were demanded in accordance with Part III of the Community Charges (Administration and Enforcement) Regulations 1989 (as may be applied in any case by the Community Charges (Co-owners) Regulations 1990),
the requirement to pay those amounts shall nevertheless have effect as if the notice were valid.
2
Where —
a
a notice is invalid because it does not comply with regulation 2(3),
b
the failure so to comply was due to a mistake, and
c
the amounts required to be paid under the notice were demanded in accordance with Part II of the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989 (as may be applied in any case by Part II of the Non-Domestic Rating (Collection and Enforcement) (Miscellaneous Provisions) Regulations 1990),
the requirement to pay those amounts shall nevertheless have effect as if the notice were valid.
3
Where a requirement to pay an amount under an invalid notice has effect by virtue of paragraph (1) or (2), the Common Council shall as soon as practicable after the mistake is discovered issue to the chargeable person or ratepayer concerned a statement of the matters which were not contained in the notice and which should have been so contained.
Supply of information by precepting authorities
4
1
In order that the Common Council may fulfil the duty under regulation 2 to have matters contained in a community charge demand notice issued by it in relation to a chargeable financial year, and to supply information with such a notice or a rate demand notice, subject to paragraphs (3) to (7) every precepting authority shall, when it issues a precept to the Common Council for the year (whether original or substitute), supply the Council with the information specified in paragraph (2).
2
The information is information, as regards the precepting authority and the precept concerned, as to —
a
the estimates mentioned in paragraphs 1, 9, 10 and 11 of Part I of Schedule 3;
b
the matters mentioned in paragraphs 3 and 7 of that Part;
c
the sum of the amounts of specific grants mentioned in paragraph 2(c) of Part I of Schedule 1 (after division by the relevant population so mentioned);
d
the sum of the amounts of fees, charges, other income and reserves mentioned in paragraph 3(c) of that Part (after division by the relevant population so mentioned).
3
Information need not be supplied by a precepting authority, as regards the issue of a precept for the chargeable financial year beginning in 1990, with respect to the matter mentioned in paragraph 7 of Part I of Schedule 3.
4
Information need not be supplied by a precepting authority, as regards the issue of a precept for a finacial year beginning in or after 1991, with respect to the estimates mentioned in paragraphs 1, 9 and 11 of Part I of Schedule 3 insofar as that information would (by virtue of paragraph 3 of Part III of that Schedule) be repetitive of information given as regards a precept issued for the preceding financial year.
5
Information need not be supplied when a substitute precept is issued if it is not one which would require the Common Council to set a substitute amount under section 35 of the Act; but if in such a case the Council subsequently notifies the precepting authority that it has set or proposes to set an amount for its personal community charge by reference to the substitute precept, the precepting authority shall (subject to paragraphs (3), (4), (6) and (7)) supply that information as regards the substitute precept as soon as practicable after that notification is given.
6
Information need not be supplied by a precepting authority as regards the issue of a substitute precept for a financial year insofar as it would be repetitive of information given with respect to the preceding financial year on the occasion of the issue of an earlier precept for the first-mentioned financial year.
7
Information need not be supplied by a precepting authority if, by virtue of the proviso to the definition of “relevant precepting authority” in paragraph 9 of Part III of Schedule 3, it would not fail to be supplied by the Common Council when it serves a demand notice.
Supply of information by the National Rivers Authority
5
1
In order that the Common Council may fulfil the duty, under regulation 2 to supply information with a community charge or rate demand notice issued by it in relation to a chargeable financial year, subject to paragraphs (5) to (7) the National Rivers Authority (“the Authority”) shall, when it first issues a levy to the Common Council for the year, supply the Council with the information specified in paragraph (4).
2
In order that the Common Council may fulfil the duty mentioned in paragraph (1), subject to paragraphs (5) to (7) the Authority shall, after it has issued a substitute levy for a year, supply the Common Council with the information specified in paragraph (4) if the Council notifies the body that it has set or proposes to set an amount for its personal community charge by reference to the substitute levy.
3
Information shall be supplied under paragraph (2) as soon as practicable after the notification is given.
4
The information is information, as regards the levy concerned, as to —
a
the estimates mentioned in paragraph 2 and 10 of Part I of Schedule 3; and
b
the matter mentioned in paragraph 7 of that Part.
5
Information need not be supplied by the Authority, as regards the issue of a levy for the financial year beginning in 1990, with respect to the matter mentioned in paragraph 7 of Part I of Schedule 3.
6
Information need not be supplied by the Authority, as regards the issue of a levy for a financial year beginning in or after 1991, with respect to the estimate mentioned in paragraph 2 of Part I of Schedule 3 insofar as that information would (by virtue of paragraph 3 of Part III of that Schedule) be repetitive of information given as regards a levy issued for the preceding financial year.
7
Information need not be supplied by the Authority as regards the issue of a substitute levy for a financial year insofar as it would be repetitive of information given with respect to the preceding financial year on the occasion of the issue of an earlier levy for the first-mentioned financial year.
Transitional provision
6
1
Subject to paragraph (2), where a precept or levy has been issued to the Common Council before the day on which these Regulations come into force (“the relevant day”), the information which would have been supplied to the Council under regulation 4 or 5 if the regulations were then in force shall be supplied within 7 days of the relevant day.
2
Information need not be supplied under paragraph (1) on or after the relevant day if it was supplied voluntarily before that day.
Chris Patten
Secretary of State for the Environment
28th February 1990


type: legislation

jurisdiction: UK

text:
Commencement and Citation
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 1990 and shall come into force on 2nd November 1990.
2
1
The Road Vehicles (Construction and Use) Regulations 1986 shall be further amended in accordance with the following provisions of these Regulations.
2
The Secretary of State is satisfied that–
a
it is requisite that the provisions of regulations 3 and 7 of these Regulations shall apply as from 2nd November 1990 to vehicles registered under the Vehicles (Excise) Act 1971 before the expiration of one year from the making of these Regulations; and
b
notwithstanding that the said provisions will then apply to those vehicles, no undue hardship or inconvenience will be caused thereby.
Amendments to regulation 3 (interpretation)
3
In the Table in regulation 3(2)–
a
after the entry defining “large bus” there shall be inserted the following entry–
light trailer a trailer with a maximum gross weight which does not exceed 3500 kg.
;
b
after the entry defining “longitudinal plane” there shall be inserted the following entry–
low platform trailer a trailer fitted with tyres with a rim diameter size code of less than 20 and displaying a rectangular plate which–
a
is at least 225 mm wide and at least 175 mm high; and
b
bears two black letters “L” on a white ground each at least 125 mm high and 90 mm wide with a stroke width of 12 mm.
;
c
after the entry defining “m 3 ”, there shall be inserted the following entry–
maximum permitted axle weight in relation to an axle–
a
in the case of a vehicle which is equipped with a Ministry plate in accordance with regulation 70, the axle weight shown in column (2) of that plate (where the plate is in the form required by Schedule 10) or in column (2) of that plate (where the plate is in the form required by Schedule 10A) in relation to that axle;
b
in the case of a vehicle which is not equipped with a Ministry plate but which is equipped with a plate in accordance with regulation 66, the maximum axle weight shown for that axle on the plate in respect of item 9 of Part I of Schedule 8 in the case of a motor vehicle and item 7 of Part II of Schedule 8 in the case of a trailer; and
c
in any other case, the weight which the axle is designed or adapted not to exceed when the vehicle is travelling on a road.
;
d
in the definition of “maximum gross weight”, after the words “that plate” there shall be inserted “(where the plate is in the form required by Schedule 10) or in column (4) of that plate (where the plate is in the form required by Schedule 10A).”;
e
after the entry defining “maximum gross weight”, there shall be inserted the following entry–
maximum total design axle weight (an expression used only in relation to trailers)
a
in the case of a trailer equipped with a Ministry plate in accordance with regulation 70, the sum of the relevant axle weights;
b
in the case of a trailer which is not equipped with a Ministry plate, but which is equipped with a plate in accordance with regulation 66, the sum of the maximum axle weights shown on the plate in respect of item 4 of Part II of Schedule 8; or
c
in the case of any other trailer, the sum of the axle weights which the trailer is designed or adapted not to exceed when the vehicle is travelling on a road;
and for the purposes of sub-paragraph (a) the relevant axle weight, in respect to an axle, is the design axle weight shown in column (3) of the Ministry plate (where the plate is in the form required by Schedule 10) or in column (4) of that plate (where the plate is in the form required by Schedule 10A) in relation to that axle or if no such weight is shown, the axle weight shown in column (2) of that plate in relation to that axle;
;
f
for the meaning specified in column 2 for the expression “public works vehicle” specified in column 1 there shall be substituted–
a mechanically propelled vehicle which is used on a road by or on behalf of–
the Central Scotland Water Development Board;
a ferry undertaking;
a highway or roads authority;
a local authority;
a market undertaking;
the National Rivers Authority;
an operator of a telecommunications code system within the meaning of paragraph 1(1) of Schedule 4 to the Telecommunications Act 1984 ;
a police authority;
the Post Office;
a public electricity supplier within the meaning of Part I of the Electricity Act 1989 ;
a public gas supplier within the meaning of the Gas Act 1986 ;
a statutory undertaker within the meaning of section 329(1) of the Highways Act 1980 ;
an undertaking for the supply of district heating;
a water authority within the meaning of the Water (Scotland) Act 1980 ; or
a water or sewerage undertaker within the meaning of the Water Act 1989 ;
for the purpose of works which such a body has a duty or power to carry out, and which is used only for the carriage of–
the crew, and
goods which are needed for works in respect of which the vehicle is used.
;
g
after the entry defining “resilient tyre” there shall be inserted the following entries–
restricted speed vehicle a vehicle displaying at its rear a “50” plate in accordance with the requirements of Schedule 13.
;
retreaded tyre a tyre which has been reconditioned to extend its useful life by replacement of the tread rubber or by replacement of the tread rubber and renovation of the sidewall rubber.
; and
h
after the definition of “rigid vehicle” there shall be inserted the following entries–
rim diameter is to be interpreted in accordance with the British Standard BS AU 50: Part 2: Section 1: 1980 entitled “British Standard Automobile Series: Specification for Tyres and Wheels Part 2. Wheels and rims Section 1. Rim profiles and dimensions (including openings for valves)” which came into effect on 28th November 1980.
;
rim diameter size code is to be interpreted in accordance with the British Standard referred to in the meaning given in this Table to “rim diameter”.
.
Amendments to regulation 15 (brakes on certain vehicles)
4
1
Regulation 15 shall be amended as follows.
2
In paragraph (1)–
a
after the words “column 2 of the Table which” there shall be inserted the words, “in the case of a motor vehicle,”;
b
after the words “1st April 1983” where they occur before the proviso there shall be inserted the words “or which, in the case of the trailer, is manufactured on or after 1st October 1982,”; and
c
for the proviso, there shall be substituted–
Provided that it shall be lawful for any vehicle of such a class which, in the case of a motor vehicle, was first used before 1st April 1983 or, in the case of a trailer, was manufactured before 1st October 1982 to comply with the said requirements instead of complying with regulations 16 and 17.
.
3
In paragraph (1A)–
a
after the words “column 2 of the Table which” there shall be inserted the words, “in the case of a motor vehicle,”;
b
after the words, “the relevant date” there shall be inserted the words “or which, in the case of a trailer, is manufactured on or after the relevant date”; and
c
for the proviso there shall be substituted–
Provided that it shall be lawful for any vehicle of such a class which, in the case of a motor vehicle, was first used before the relevant date or which, in the case of a trailer, was manufactured before the relevant date, to comply with the said requirements instead of complying with paragraph (1), or with regulations 16 and 17.
.
4
For paragraph (1B) there shall be substituted the following paragraph–
1B
In paragraph (1A), the relevant date in relation to a vehicle of a class specified in item 1 or 2 of the Table is 1st April 1990, in relation to a vehicle specified in item 4 of that Table is 1st April 1992, in relation to a vehicle in items 7, 8, 9 or 10 of that Table is 1st October 1988 and in relation to a vehicle of any other class is 1st April 1989.
.
5
After paragraph (1B) there shall be added the following paragraph–
1C
Save as provided in paragraphs (2), (3)(b) and (c), (3A) and (5), the braking system of every wheeled vehicle of a class specified in an item in column 2 of the Table which in the case of a motor vehicle is first used on or after 1st April 1992 or in the case of a trailer is manufactured on or after 1st October 1991 shall comply with the construction, fitting and performance requirements specified in Annexes I, II and VII to Community Directive 88/194 , and if relevant, Annexes III , IV , V, VI , VIII , X, XI , and XII to that Directive, in relation to the category of vehicles specified in that item in column 3.
Provided that it shall be lawful for any vehicle of such a class which, in the case of a motor vehicle was first used before 1st April 1992 or which, in the case of a trailer, was manufactured before 1st October 1991, to comply with the said requirements instead of complying with paragraph (1) or (1A), or with regulations 16 and 17.
.
6
In the Table, in item 4 column 2, for the words “item 1(a)” there shall be substituted “item 1”.
7
In the Table, for the words “Trailers of which the sum of the axle weights–” immediately before item 7 there shall be substituted the words “Trailers with a maximum total design axle weight which–”.
8
In paragraphs (2) and (3) for the words “paragraphs (1) and (1A)” there shall be substituted the words “paragraphs (1), (1A) and (1C)”.
9
For sub-paragraph (a) of paragraph (3) there shall be substituted the following sub-paragraph–
a
in item 3, the testing requirement specified in paragraph 1.5.1 and 1.5.2 of Annex II to Community Directives 79/489, 85/647 and 88/194 shall apply to every vehicle specified in that item other than–
i
a double-decked vehicle first used before 1st October 1983, or
ii
a vehicle of a type in respect of which a member state of the European Economic Community has issued a type approval certificate in accordance with Community Directive 79/489, 85/647 or 88/194.
.
10
In sub-paragraph (b)(ii) of paragraph (3), after the words “Community Directive 85/647” there shall be added the words “or 88/194”.
11
In sub-paragraph (c) of paragraph (3), for the words after “action while” there shall be substituted the words “continuing to steer the vehicle”.
12
In sub-paragraph (d) of paragraph (3)–
a
after the word “vehicle” where it appears in the words preceding sub-paragraph (i) there shall be added the words “first used (in the case of a motor vehicle) or manufactured (in the case of a trailer) before the relevant date as defined in paragraph (1B)”; and
b
in sub-paragraph (i), for the words from “1360C” to “has been paid” there shall be substituted the words “26024/26250 to 26257, prescribed in Schedule 1 to the Motor Vehicles (Type Approval and Approval Marks) (Fees) Regulations 1990 is payable”.
13
For paragraphs (4) and (5) there shall be substituted the following paragraphs–
4
Instead of complying with paragraph (1) of this regulation, a vehicle to which this regulation applies may comply with ECE Regulation 13.03, 13.04 or 13.05 .
5
Instead of complying with paragraph (1A) or (1C) of this regulation, a vehicle to which this regulation applies may comply with ECE Regulation 13.05.
.
14
In paragraph (7) after the words “Community Directive 85/647” there shall be added the words “or 88/194”.
Amendments to regulation 16 (brakes on vehicles to which regulation 15 does not apply)
5
1
Regulation 16 shall be amended as follows.
2
In paragraph (3)(b), for sub-paragraph (ii) there shall be substituted–
has a maximum total design axle weight that does not exceed 750 kg ;
.
3
In the Table, in items 4 and 8, for the entries in column 3 after “9,” there shall be inserted “15,”.
4
In paragraph (5) for “paragraph (6)” there shall be substituted “paragraphs (5A) and (6)”.
5
After paragraph (5), there shall be inserted the following paragraph–
5A
In relation to a motor cycle with two wheels manufactured by Piaggio Veicoli Europei Societa per Azione and known as the Cosa 125, the Cosa 125E, the Cosa L125, the Cosa LX125, the Cosa 200, the Cosa 200E, the Cosa L200 or the Cosa LX200, paragraph (5) shall have effect as if ECE Regulation 13.05 were modified by–
a
the omission of paragraph 4.4 (approval marks), and
b
in paragraph 5.3.1.1, (independent braking devices and controls), the omission of the word “independent” in the first place where it appears,
but this paragraph shall not apply to a motor cycle first used on or after 1st July 1991.
.
Amendments to other provisions relating to brakes
6
In–
a
regulation 17(2),
b
item 1 in the Table in regulation 18(3),
c
regulation 18(8), and
d
items 4 and 6 in the Table in Schedule 3,
for the words “Community Directive 79/489 or 85/647” wherever they occur there shall be substituted the words “Community Directive 79/489, 85/647 or 88/194”.
Amendment to regulation 25 (tyre loads etc )
7
For regulation 25 there shall be substituted the following–
25
1
Save as provided in paragraphs (3) and (4) any tyre fitted to the axle of a vehicle–
a
which is a class of vehicle specified in an item in column 2 of Table I; and
b
in relation to which the date of first use is as specified in that item in column 3 of that Table;
shall comply with the requirements specified in that item in column 4 of that Table.
TABLE I
(regulation 25(1))
1 2 3 4 Item Class of vehicle Date of first use Requirements
1 Goods vehicles, trailers and buses On or after 1st April 1987 and before 1st April 1991 The requirements of paragraphs (5) and (6) 2 Goods vehicles, trailers, buses and dual-purpose vehicles, with the exception of the vehicles specified in item 3 in this column On or after 1st April 1991 The requirements of paragraphs (5), (6) and (7) 3 The vehicles mentioned in paragraph (2) On or after 1st April 1991 The requirements of paragraphs (5) and (6)
2
The vehicles which are referred to in item 3 in column 2 in Table I are–
a
agricultural motor vehicles;
b
agricultural trailers;
c
agricultural trailed appliances;
d
agricultural trailed appliance conveyors;
e
engineering plant;
f
track laying vehicles;
g
vehicles not of a class specified in item 2 of Table II which have a maximum speed not exceeding 25 mph;
h
works trailers; and
j
works trucks.
3
Paragraph (1) shall not apply to any tyre fitted to the axle of a vehicle if the vehicle is–
a
broken down or proceeding to a place where it is to be broken up; and
b
being drawn by a motor vehicle at a speed not exceeding 20 mph.
4
Where in relation to any vehicle first used on or after 1st April 1991 a tyre supplied by a manufacturer for the purposes of tests or trials of that tyre is fitted to an axle of that vehicle, that tyre shall comply with the requirements of paragraphs (5) and (6).
5
The requirements of this paragraph are that the tyre, as respects strength, shall be designed and manufactured adequately to support the maximum permitted axle weight for the axle.
6
The requirements of this paragraph are that the tyre shall be designed and maintained adequately to support the maximum permitted axle weight for the axle when the vehicle is driven at the speed shown in column 3 in Table II in the item in which the vehicle is described in column 2 (the lowest relevant speed being applicable to a vehicle which is described in more than one item).
TABLE II
(regulation 25(6))
1 2 3 4 Item Class of vehicle Speed (mph) Variation to the load capacity index expressed as a percentage Tyres marked in accordance with ECE Regulation 30.02 Tyres marked in accordance with ECE Regulation 54
1 A vehicle of a class for which maximum speeds are prescribed by Schedule 6 to the 1984 Act The highest speed so prescribed Single wheels: none None Dual wheels: 95.5% 2 An electrically propelled vehicle used as a multi-stop local collection and delivery vehicle and having a maximum speed of not more than 25 mph 25 None 150% 3 An electrically propelled vehicle used as a multi-stop local collection and delivery vehicle and having a maximum speed of more than 25 mph and not more than 40 mph 40 None 130% 4 An electrically propelled vehicle used only within a radius of 25 miles from the permanent base at which it is normally kept and having a maximum speed of more than 40 mph and not more than 50 mph 50 None 115% 5 A local service bus 50 None 110% 6 A restricted speed vehicle 50 None The relevant % variation specified in Annex 8 to ECE Regulation 54 7 A low platform trailer 40 None The relevant % variation specified in Annex 8 to ECE Regulation 54 8 A municipal vehicle 40 None 115% 9 A multi-stop local collection and delivery vehicle if not falling within the class of vehicle described in items 2 or 3 above 40 None 115% 10 A light trailer or any trailer equipped with tyres of speed category F or G 60 Single wheels: 110% The relevant variation specified in Annex 8 to ECE Dual wheels: 105% Regulation 54 11 A trailer not falling in items 6–10 60 Single wheels: none None Dual wheels: 95.5% 12 A vehicle not falling in items 1–11 70 Single wheels: none None Dual wheels: 95.5%
7
The requirement of this paragraph is that the tyre when first fitted to the vehicle complied with the requirements of ECE Regulation 30.02 or 54, but this requirement shall not apply to a retreaded tyre.
8
A vehicle of a class described in column 2 in Table II first used on or after 1st April 1991 shall not be used on a road–
a
in the case where there is no entry in column 4 specifying a variation to the load capacity index expressed as a percentage, if the load applied to any tyre fitted to the axle of the vehicle exceeds that indicated by the load capacity index; or
b
in the case where there is such an entry in column 4, if the load applied to any tyre fitted to the axle of the vehicle exceeds the variation to the load capacity index expressed as a percentage.
9
In this regulation–
“dual wheels” means two or more wheels which are to be regarded as one wheel by virtue of paragraph 7 of regulation 3 in the circumstances specified in that paragraph;
“load-capacity index” has the same meaning as in paragraph 2.29 of ECE Regulation 30.02 or paragraph 2.26 of ECE Regulation 54;
“local service bus” means a bus being used in the provision of a local service as defined in section 2 of the Transport Act 1985 ;
“municipal vehicle” means a motor vehicle or trailer limited at all times to use by a local authority, or a person acting in pursuance of a contract with a local authority, for road cleansing, road watering or the collection and disposal of refuse, night soil or the contents of cesspools, or the purposes of the enactments relating to weights and measures or the sale of food and drugs;
“multi-stop local collection and delivery vehicle” means a motor vehicle or trailer used for multi-stop collection and delivery services to be used only within a radius of 25 miles from the permanent base at which it is normally kept;
“single wheels” means wheels which are not dual wheels; and
“speed category” has the same meaning as in paragraph 2.27 of ECE Regulation 54.
10
In this regulation any reference to the first use shall, in relation to a trailer, be construed as a reference to the date which is 6 months after the date of manufacture of the trailer.
.
Amendment to regulation 26 (mixing of tyres)
8
In paragraph (4) of regulation 26 for the word “and” after “wheeled vehicle” where it first occurs there shall be substituted the word “or”.
Amendments to regulation 27 (condition and maintenance of tyres)
9
1
Regulation 27 shall be amended as follows.
2
In paragraph (4) after sub-paragraph (c) there shall be added the following–
d
With effect from 1st January 1992, paragraph 1(f) and (g) shall not apply to the vehicles specified in sub-paragraph (e) of this paragraph but such vehicles shall comply with the requirements specified in sub-paragraph (f) of this paragraph.
e
The vehicles mentioned in sub-paragraph (d) are–
i
passenger vehicles other than motor cycles constructed or adapted to carry no more than 8 seated passengers in addition to the driver;
ii
goods vehicles with a maximum gross weight which do not exceed 3500 kg; and
iii
light trailers not falling within sub-paragraph (ii);
first used on or after 3rd January 1933.
f
The requirements referred to in sub-paragraph (d) are that the grooves of the tread pattern of every tyre fitted to the wheels of a vehicle mentioned in sub-paragraph (e) shall be of a depth of at least 1.6 mm throughout a continuous band situated in the central three-quarters of the breadth of tread and round the entire outer circumference of the tyre.
.
3
In paragraph (6)(b) for “paragraph (1)(g)(i)” there shall be substituted “this regulation”.
4
In paragraph 6 after sub-paragraph (b) there shall be added the following sub-paragraph–
c
A reference in this regulation to first use shall, in relation to a trailer, be construed as a reference to the date which is 6 months after the date of manufacture of the trailer.
.
Speed of low platform trailers and restricted speed vehicles
10
After regulation 100 there shall be inserted–
100A
1
No person shall use, or cause or permit to be used, on a road a vehicle displaying the rectangular plate described in the definition of “low platform trailer” in the Table in regulation 3(2) or anything resembling such a plate at a speed exceeding 40 mph.
2
No person shall use, or cause or permit to be used on a road a vehicle displaying the rectangular plate described in Schedule 13 (Plate for restricted speed vehicle) or anything resembling such a plate at a speed exceeding 50 mph.
.
New Schedule 13 (Plate for Restricted Speed Vehicles)
11
After Schedule 12 there shall be inserted the Schedule set out in the Schedule to these Regulations.
Minor and consequential amendments
12
1
In regulation 19, after the words “unless a person other than the driver” there shall be inserted the words “(or in the case of a locomotive a person other than one of the persons employed in driving or tending the locomotive)” and in sub-paragraph (b) the word “which” shall be omitted.
2
In sub-paragraph (d) of regulation 71(1) for “(iv) or (v)” there shall be substituted “or (iv)”.
3
In Schedule 2 to these Regulations–
a
in item 6 in Table I for the date “26.9.71” given in column 3(a) there shall be substituted “26.7.71”;
b
after item 54 in Table I there shall be inserted the following item–
54A 88/194 24.3.88 L92, 9.4.88 p.47 The braking devices of certain categories of motor vehicles and their trailers 71/320 as amended by 74/132, 75/524, 79/489 and 85/647
;
c
after item 13 in Table II there shall be inserted the following item–
13A 30.02 30 1.4.75 Pneumatic tyres for motor vehicles and their trailers 5.10.87 17, 17A –
;
d
after item 21A in Table II there shall be inserted the following item–
21B 54 54 1.3.83 Pneumatic tyres for commercial vehicles and their trailers – 17A –
.
Signed by authority of the Secretary of State for Transport
Christopher Chope
Parliamentary Under Secretary of State,
Department of Transport
28th September 1990


text:
This Order may be cited as the Thames Valley Police (Amalgamation) (Amendment) Order 1990.
David Waddington
One of Her Majesty’s Principal Secretaries of State
Home Office
26th March 1990


text:
Citation, commencement, interpretation and extent
1
1
This Order may be cited as the Education (National Curriculum) (Attainment Targets and Programmes of Study in Welsh) Order 1990 and shall come into force in accordance with articles 2 to 10.
2
In this Order —
“the Document” means the document published by Her Majesty’s Stationery Office entitled “Welsh in the National Curriculum” and “Cymraeg yn y Cwricwlwm Cenedlaethol” ;
references to the first, second, third and fourth key stages are references to the periods set out in paragraphs (a) to (d) respectively of section 3(3) of the Education Reform Act 1988;
references to levels of attainment are references to the levels set out in the Document in relation to each attainment target;
references to ranges of levels of attainment are references to the range of levels of attainment specified for pupils of different abilities and maturities in respect of the key stage in question; and
“school where Welsh is taught” means a school or part of a school where, in relation to the first year of the relevant key stage referred to in the articles below, Welsh has been taught (whether as a first or second language) in the curriculum in either the school year 1987/1988 or the school year 1988/1989.
3
This Order applies only to schools in Wales.
2
In relation to a school where Welsh is taught this Order so far as it relates to the First Key Stage shall come into force —
a
on 1st August 1990 in respect of pupils in the first year of that key stage; and
b
on 1st August 1991 in respect of pupils in the second year of that key stage.
3
Subject to the provisions of article 4 of this Order, in relation to a school where Welsh is taught this Order so far as it relates to the Second Key Stage shall come into force —
a
on 1st August 1990 in respect of pupils in the first year of that key stage;
b
on 1st August 1991 in respect of pupils in the second year of that key stage;
c
on 1st August 1992 in respect of pupils in the third year of that key stage; and
d
on 1st August 1993 in respect of pupils in the fourth year of that key stage.
4
The provisions of article 3 of this Order shall not apply in relation to a school where Welsh is taught in the first year of the second key stage if in the school year 1990/91 more than half of the total number of pupils in the first year of that key stage in the school have not been taught Welsh in the curriculum in both the school year 1988/1989 and the school year 1989/1990. In relation to such a school this Order so far as it relates to the Second Key Stage shall come into force —
a
on 1st August 1994 in respect of pupils in the first year of that key stage;
b
on 1st August 1995 in respect of pupils in the second year of that key stage;
c
on 1st August 1996 in respect of pupils in the third year of that key stage; and
d
on 1st August 1997 in respect of pupils in the fourth year of that key stage.
5
In relation to a school where Welsh is taught this Order so far as it relates to the Third Key Stage shall come into force —
a
on 1st August 1990 in respect of pupils in the first year of that key stage;
b
on 1st August 1991 in respect of pupils in the second year of that key stage; and
c
on 1st August 1992 in respect of pupils in the third year of that key stage.
6
In relation to a school where Welsh is taught this Order so far as it relates to the Fourth Key Stage shall come into force —
a
on 1st August 1993 in respect of pupils in the first year of that key stage; and
b
on 1st August 1994 in respect of pupils in the second year of that key stage.
7
In relation to a school which is not a school where Welsh is taught this Order so far as it relates to the First Key Stage shall come into force —
a
on 1st August 1992 in respect of pupils in the first year of that key stage; and
b
on 1st August 1993 in respect of pupils in the second year of that key stage.
8
In relation to a school which is not a school where Welsh is taught this Order so far as it relates to the Second Key Stage shall come into force —
a
on 1st August 1994 in respect of pupils in the first year of that key stage;
b
on 1st August 1995 in respect of pupils in the second year of that key stage;
c
on 1st August 1996 in respect of pupils in the third year of that key stage; and
d
on 1st August 1997 in respect of pupils in the fourth year of that key stage.
9
In relation to a school which is not a school where Welsh is taught this Order so far as it relates to the Third Key Stage shall come into force —
a
on 1st August 1992 in respect of pupils in the first year of that key stage;
b
on 1st August 1993 in respect of pupils in the second year of that key stage; and
c
on 1st August 1994 in respect of pupils in the third year of that key stage.
10
In relation to a school which is not a school where Welsh is taught this Order so far as it relates to the Fourth Key Stage shall come into force —
a
on 1st August 1995 in respect of pupils in the first year of that key stage; and
b
on 1st August 1996 in respect of pupils in the second year of that key stage.
Specification of attainment targets and programmes of study
11
It is hereby directed that the provisions relating to attainment targets and programmes of study set out in the Document shall have effect as provided in articles 12 to 13 hereof for the purposes of specifying in relation to Welsh —
a
attainment targets; and
b
programmes of study.
12
1
Schedule 1 has effect in accordance with paragraph (2) below for specifying the attainment targets (including the ranges of levels of attainment) for each key stage.
2
Subject to paragraph (3) below the attainment targets described in the Document and set out in column 2 of Parts 1 and 2 of Schedule 1 are specified in relation to the key stages set out beside them in column 1 of that Part of that Schedule, the levels applicable being those appropriate to the different abilities and maturities of the pupils being taught.
3
The attainment targets specified for a pupil in any of the key stages are either those referred to as “Welsh” or “Welsh Second Language” according to the programme of study followed by the pupil.
13
1
Schedule 2 has effect in accordance with paragraph (2) below for specifying the programmes of study for each key stage.
2
Subject to paragraphs (3), (4) and (5) below, the programmes of study described in the Document and set out in column 2 of Parts 1 and 2 of Schedule 2 are specified in relation to the key stages set out beside them in column 1 of that Part of that Schedule, the levels applicable being those appropriate to the different abilities and maturities of the pupils being taught.
3
The programmes of study specified for a pupil in the first, second and the third key stages are, at the option of the school, either those referred to as “Welsh” or “Welsh Second Language”.
4
A separate programme of study is specified for a pupil beginning to study Welsh Second Language in the third key stage having not previously studied Welsh or Welsh Second Language during the previous two key stages as described in the Document.
5
The programmes of study specified for a pupil in the fourth key stage are, at the option of the school, either those referred to as “Welsh” or “Welsh Second Language Programme of Study A” or “Welsh Second Language Programme of Study B”.
14
The examples printed in italics in the Document (which serve to illustrate the attainment targets and programmes of study therein described) do not form part of the provision made by this Order.


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the York Waterworks (Constitution and Regulation) Order 1990 and shall come into force on 22nd June 1990.
2
In this Order–
“the 1845 Act ” means the Companies Clauses Consolidation Act 1845 ; and
“the 1863 Act ” means the Companies Clauses Act 1863 .
Approval of proposal contained in the special resolution
2
The proposal contained in the special resolution is hereby approved.
Cessation of local statutory provisions
3
The date specified for the purposes of section 101(2) of the Act as the date on which the local statutory provisions shall cease to have effect and the memorandum and articles shall come into force is 22nd June 1990.
Consequential provision
4
The provisions of the York Water Acts and Orders 1846 to 1985 referred to in Schedule 2 hereto are repealed to the extent indicated in that Schedule with effect from 22nd June 1990.
Chris Patten
One of Her Majesty’s Principal Secretaries of State
24th May 1990


text:
1
This Order may be cited as the Dartford — Thurrock Crossing Tolls Order 1990 and shall, in accordance with section 17(11) of the Dartford — Thurrock Crossing Act 1988, come into force on 1st September 1990.
2
The classes of vehicles in respect of which tolls may be levied under the Dartford — Thurrock Crossing Act 1988 are set out in column (1) of the Schedule to this Order. The amounts of the tolls leviable in respect of those classes of vehicles shall be those set out opposite thereto in column (2) of that Schedule.
3
The Dartford — Thurrock Crossing Tolls Order 1989 is hereby revoked
Signed by authority of the Secretary of State for Transport
Roger Freeman
Minister of State,
Department of Transport
1st August 1990


text:
Citation and commencement
1
These Regulations may be cited as the British Nationality (Hong Kong) (Registration of Citizens) Regulations 1990 and shall come into force on 1st December 1990.
Interpretation
2
In these Regulations —
“the Act of 1981 ” means the British Nationality Act 1981 and any reference to a section of that Act is a reference to that section as it has effect by virtue of section 2(3) of the Act of 1990 ;
“the Act of 1990” means the British Nationality (Hong Kong) Act 1990;
“applicant” means an applicant for a recommendation and, for the purposes of the provisions of these Regulations relating to the notification of decisions, includes a person who applies on behalf of a person not of full age or capacity;
“ the Governor ” means the Governor of Hong Kong;
“recommendation” means a recommendation by the Governor to the Secretary of State that a person should be registered as a British citizen pursuant to section 1(1) of, or Schedule 2 to, the Act of 1990.
Notification of decisions
3
1
When the Secretary of State has made a decision as to whether or not to register a person as a British citizen pursuant to a recommendation, he shall cause notice in writing of the decision to be given to the Governor and to the applicant.
2
Any notice required by paragraph (1) above to be given to an applicant may be given —
a
in any case where the applicant’s whereabouts are known, by causing the notice to be delivered to him personally or by sending it to him by post;
b
in a case where the applicant’s whereabouts are not known, by sending it by post in a letter addressed to him at his last known address.
Oaths of allegiance
4
1
Where an oath of allegiance is required by section 42 of the Act of 1981 to be taken by an applicant it shall be administered in accordance with the requirements of the Schedule to these Regulations.
2
The oath of allegiance shall be taken within three months of the giving of the notice pursuant to regulation 3 above or such longer time as the Secretary of State may allow.
Evidence
5
A document may be certified to be a true copy of a document for the purpose of section 45(2) of the Act of 1981 by means of a statement in writing to that effect signed by a person authorised by the Secretary of State or the Governor in that behalf.
David Waddington
One of Her Majesty’s Principal Secretaries of State
Home Office
7th November 1990


text:
1
These Regulations may be cited as the Public Service Vehicle Operators (Qualifications) (Amendment) Regulations 1990 and shall come into force on 4th February 1991.
2
1
The provisions contained in Schedule 3 to the Public Passenger Vehicles Act 1981 shall have effect subject to the amendments specified in the Schedule to these Regulations.
2
These Regulations shall not apply in relation to a certificate of professional competence issued before the date on which these Regulations come into force, or issued on or after that date to a person who has before that date passed the whole or part of the examination leading to the issue of the certificate.
Signed by authority of the Secretary of State for Transport
Christopher Chope
Parliamentary Under Secretary of State,
Department of Transport
20th December 1990


text:
1
This Order may be cited as the Combined Probation Areas (Avon) Order 1990 and shall come into force on 1st April 1990.
2
That part of Schedule 2 to the Combined Probation Areas Order 1986 which relates to the Avon Probation Committees shall be amended by–
a
omitting the entries in respect of the petty sessions areas of Avon North, Bath, Thornbury and Wansdyke; and
b
inserting in alphabetical order in column 1–
i
“Bath and Wansdyke” and corresponding to that in column 3 “4”, and
ii
“North Avon” and corresponding to that in column 3 “5”.
3
1
The two justices appointed to be members of the Avon Probation Committee by the justices for the petty sessional divisions of Bath and Wansdyke respectively, in each case before the abolition of the said petty sessional divisions and their re-constitution to form the new division of Bath and Wansdyke shall continue to hold office as members of that Committee, as if they had been appointed by the justices of that new division, until 30th November 1992 and shall then cease to hold office, but shall be eligible for re-appointment.
2
The justice appointed to be a member of the Committee by the justices for the petty sessional division of Thornbury and the four justices so appointed by the justices for the petty sessional division of Avon North, in each case before the abolition of the said petty sessional divisions and their re-constitution to form the new petty sessional division of North Avon, shall continue to hold office as members of the Committee, as if they had been appointed by the justice of the new division, until 30th November 1992 and shall then cease to hold office, but shall be eligible for re-appointment.
Home Office
David Waddington
One of Her Majesty’s Principal Secretaries of State
30th March 1990


text:
1
These Regulations may be cited as the Merchant Shipping (Fees) Regulations 1990 and shall come into force on 5th April 1990.
2
1
In these Regulations:
“the Act of 1948 ” means the Merchant Shipping Act 1948;
“the Act of 1949 ” means the Merchant Shipping (Safety Convention) Act 1949;
“the Act of 1967 ” means the Merchant Shipping (Load Lines) Act 1967;
“the Act of 1970 ” means the Merchant Shipping Act 1970;
“the Act of 1974 ” means the Merchant Shipping Act 1974;
“the Act of 1979” means the Merchant Shipping Act 1979;
“the principal Act ” means the Merchant Shipping Act 1894 ; and
“tons” means gross tons and the gross tonnage of a ship having alternative gross tonnages shall be taken to be the larger of those tonnages.
2
Subject to regulation 3 below the following Regulations are hereby revoked:–
the Merchant Shipping (Fees) (Amendment) Regulations 1988
the Merchant Shipping (Fees) Regulations 1989
3
Nothing in these Regulations shall apply to any work involved in carrying out a service before these Regulations come into force.
4
1
Where a fee is determined by the amount of work involved on or off the ship:
a
travelling time in excess of 4 hours for each visit to a ship in the United Kingdom shall be disregarded except for the initial survey or inspection of a fishing vessel under the Fishing Vessels (Safety Provisions) Rules 1975 or the Merchant Shipping (Crew Accommodation) (Fishing Vessels) Regulations 1975 ;
b
travelling time includes the time taken to travel from the United Kingdom to a ship overseas subject to a maximum of 10 hours in any 24 hour period;
c
travelling time in respect of the survey of a fishing vessel for the renewal of a United Kingdom fishing vessel certificate under the Fishing Vessels (Safety Provisions) Rules 1975 shall be subject to a minimum charge of £50 for each visit required for the survey;
d
the cost of travelling and subsistence incurred in visiting a ship outside the United Kingdom shall be charged additionally to the hourly rate;
e
time spent by a surveyor in the office in respect of the survey of a fishing vessel for a United Kingdom fishing vessel certificate under the Fishing Vessels (Safety Provisions) Rules 1975 or of an inspection under the Merchant Shipping (Crew Accommodation) (Fishing Vessels) Regulations 1975 shall be charged for at a rate of £50 per hour, except that in the case of a survey of a fishing vessel for the renewal of such a certificate the charge shall be at a flat rate of £250;
f
where the work is carried out in conjunction with a non-statutory survey for which fees are not payable under these Regulations, the work involved shall be the extra time taken to ensure compliance with the requirements for which fees are charged under these Regulations;
g
any specific costs incurred in respect of computer or outside services shall be charged additionally to the hourly rate.
2
The cost of travelling and subsistence in respect of tonnage measurement incurred in visiting a ship outside the United Kingdom shall be chargeable additionally to the fee in paragraphs 3 and 4 of Part II of the Schedule;
5
1
The fees payable for the services specified in the Schedule to these Regulations shall be the fees specified in relation thereto in that Schedule.
2
The fee in the case of a survey or periodical inspection for the issue, renewal or endorsement of a certificate shall cover the issue or endorsement of that certificate.
3
Where a fee payable under these Regulations is for, or covers, the issue or endorsement of a certificate, the certificate need not be issued or endorsed unless that fee has been paid.
Signed by authority of the Secretary of State for Transport
Patrick McLoughlin
Parliamentary Under Secretary of State,
Department of Transport
2nd March 1990
We consent to and approve the making of these Regulations,
John Taylor
Stephen Dorrell
Two of the Lords Commissioners of Her Majesty’s Treasury
6th March 1990


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security Benefit (Persons Abroad) Amendment Regulations 1990 and shall come into force on 8th February 1990.
2
In these Regulations “the principal Regulations ” means the Social Security Benefit (Persons Abroad) Regulations 1975 .
Amendment of the principal Regulations
2
1
The principal Regulations shall be amended in accordance with the following provisions of this regulation.
2
In regulation 1(2) (definitions) after the definition of “retired” there shall be added —
“serving member of the forces” has the meaning given to it in regulation 1(2) of the Contributions Regulations;
.
3
Regulation 2(1) (modification of the Act in relation to sickness benefit, invalidity benefit, severe disablement allowance, unemployability supplement and maternity allowance) shall be amended as follows:
a
in sub-paragraph (a):
i
for the reference to “and (c)” there shall be substituted a reference to “, (c) and (d)”, and
ii
the word “either” shall be deleted;
b
in sub-paragraph (c) for the words “since the absence began.” there shall be be substituted the words “since the absence began, or”;
c
after sub-paragraph (c) there shall be inserted the following sub-paragraph:
d
in the case of severe disablement allowance, he is absent only by reason of the fact that he is living with a serving member of the forces and is the spouse, son, daughter, father, father-in-law, mother or mother-in-law of that member.
.
Revocations
3
Regulations 3 (maternity grant) and 7 (death grant) of the principal Regulations, together with regulation 13(4) of the Social Security (Child Benefit Consequential) Regulations 1977 are hereby revoked.
Signed by authority of the Secretary of State for Social Security.
Henley
Parliamentary Under-Secretary of State,
Department of Social Security
9th January 1990


text:
Citation and commencement
1
This Order may be cited as the Trial of the Pyx (Amendment) Order 1990 and shall come into force on 8th June 1990.
Amendment of the principal Order
2
The Trial of the Pyx Order 1975 shall be amended —
1
by inserting in article 2(1) (Interpretation) before the definition of “the Goldsmiths' Company” the following —
“ coins ready for issue” means current coins which are held by the Royal Mint for the purpose of being put into circulation or have been issued to banks for that purpose, and includes silver Maundy coins;
; and
2
by deleting sub-paragraphs (d) and (e) of article 3(1) and the proviso thereto and substituting the following: —
d
i
one coin out of every 5,000 cupro-nickel coins of a denomination of more than ten pence ready for issue; and
ii
one coin out of every 20,000 cupro-nickel coins of a denomination of more than ten pence ready for issue;
Provided that where in any year the total number of cupro-nickel coins subject to trial is less than 250 million, one coin out of every 5,000 such cupro-nickel coins shall be selected at random and set aside, irrespective of the denominations of those coins; and
one coin out of every 5,000 nickel brass coins ready for issue.
Provided always that the Deputy Master of the Mint shall ensure that of the coins ready for issue not less than 10 coins of each denomination, other than silver Maundy coins, and in the cases of silver Maundy coins, not less than 10 such coins, shall be selected at random and set apart, irrespective of the number of such coins that are ready for issue.
G. I. de Deney
Clerk of the Privy Council


text:
1
This Order may be cited as the Potato Marketing Scheme (Amendment) Order 1990.
2
The amendments of the Potato Marketing Scheme 1955 which are set out in the Schedule hereto are hereby approved and shall come into force on 15th August 1990.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
29th July 1990.
Sanderson of Bowden
Minister of State, Scottish Office
1st August 1990
David Hunt
Secretary of State for Wales
31st July 1990


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Contamination of Feeding Stuffs) (England) Order 1990 and shall come into force on 12th January 1990.
2
In this Order —
“ the Act ” means the Food and Environment Protection Act 1985;
“designated area” means the farms, holdings and agricultural and other premises described in the Schedule;
“feeding stuffs” does not include milk or milk products;
“food” does not include milk or milk products;
“slaughterhouse” has the same meaning as in section 34 of the Slaughterhouses Act 1974 .
3
Any reference in this Order to a numbered article or “the Schedule” shall be construed as a reference to the article bearing that number in this Order or the Schedule to this Order.
Designated incident
2
In the opinion of the Minister of Agriculture, Fisheries and Food, food in the areas described in the Schedule is, or may be, or may become, unsuitable for human consumption in consequence of the escape of lead into material used in the manufacture of imported animal feeding stuff.
Designated area
3
The areas described in the Schedule are hereby designated for the purposes of Part I of the Act.
Activities prohibited in the designated area
4
No person shall in the designated area —
a
prepare or process for supply to purchasers or others any food or feeding stuff from which food could be derived, being in each case food or feeding stuff derived from cattle that were in the designated area on or after 7th November 1989; or
b
feed to any creature from which food may be derived a feeding stuff which is the subject matter of the incident designated by article 2 or which is derived from cattle that were in the designated area on or after 7th November 1989.
Prohibitions on movement
5
No person shall move from any farm, holding, agricultural or other premises described in the Schedule any cattle from which meat or any other food for human consumption may be derived.
Prohibitions throughout the United Kingdom
6
No person shall, in the United Kingdom —
a
subject to article 8, slaughter for human consumption or for use in the preparation of feeding stuff any cattle that were in the designated area on or after 7th November 1989;
b
subject to article 8, supply or have in possession for supply any meat or other food derived from cattle that were in the designated area on or after 7th November 1989;
c
feed to any creature from which food may be derived a feeding stuff which is the subject matter of the incident designated by article 2 and which was taken from the designated area on or after 7th November 1989; or
d
supply or have in possession for supply any food or anything from which food could be derived that was prepared or processed in contravention of article 4(a).
Application of Order in relation to sheep and goats and certain things derived therefrom
7
1
The provisions of articles 4 to 6 shall have effect as regards the farms, holdings and agricultural and other premises described in Part II of the Schedule by substituting for the word “cattle” wherever it occurs in those articles the words “, sheep or goats”.
2
Where any farms, holdings or agricultural or other premises are described in both Part I and Part II of the Schedule, articles 4 to 6 and 7(1) shall apply in relation to them.
Exceptions to prohibitions
8
1
Notwithstanding the prohibitions in articles 6(a) and 7(1), a person may slaughter any cattle, sheep or goats in respect of which a consent has been given under section 2(1) of the Act to the doing of everything prohibited by this Order.
2
Notwithstanding the prohibitions in articles 6(b) and 7(1), an occupier of a slaughterhouse may supply or have in possession for supply any meat or other food derived from cattle, sheep or goats in respect of which a consent has been given under section 2(1) of the Act to the doing of everything prohibited by this Order.
3
Notwithstanding the prohibitions in articles 6(b) and 7(1), but subject to paragraph (4) below, where any meat or other food derived from cattle, sheep or goats has been lawfully supplied to a person under the Act, that person may supply or have in possession for supply any such food or any food derived therefrom.
4
Paragraph (3) above shall not apply to an occupier of a slaughterhouse.
Revocation
9
The Food Protection (Emergency Prohibitions) (Contamination of Feeding Stuf) (England) ( No. 4) Order 1989 is revoked.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 11th January 1990.
L.S.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food


text:
PART I
Citation, commencement and interpretation
1
1
This Order, which supersedes the Land Registration Fee Order 1988 , may be cited as the Land Registration Fee Order 1990 and shall come into force on 2nd April 1990.
2
In this Order unless the context otherwise requires:
“account holder” means a person or firm holding a credit account;
“ the Act ” means the Land Registration Act 1925;
“charge” includes sub-charge;
“compulsory area” means an area in which registration of title is compulsory on sale;
“credit account” means an account authorised by the Registrar under article 14(1);
“licensed conveyancer” has the same meaning as in section 11(2) of the Administration of Justice Act 1985 and includes a recognised body within the meaning of section 32(2) of that Act;
“monetary consideration” means a consideration in money or money’s worth (other than a nominal consideration or a consideration solely of a covenant to pay money owing under a mortgage);
“the principal rules” means the Land Registration Rules 1925 ;
“scale fee” means a fee payable in accordance with a scale set out in Schedule 1 or 2;
“Schedule” means a Schedule to this Order;
“share in registered land” means a share in the proceeds of sale of registered land held on trust for sale.
PART II
SCALE AND FIXED FEES; ABATEMENTS AND EXEMPTIONS
Scale fees
2
1
Subject to article 6(1), the fee for an application for the first registration of a title (other than an application by an original lessee referred to in paragraph (2) of this article or an owner of a rentcharge referred to in paragraph (6) of Part I of Schedule 3) shall be paid in accordance with Scale A in Schedule 1 on the value of the land determined in accordance with article 3.
2
Subject to article 6, the fee for an application for the first registration of a title to a lease (whether or not deriving from a registered freehold or leasehold title) by the original lessee or his personal representative shall be paid in accordance with Scale A in Schedule 1 on any money payment made by the lessee as part of the same transaction by way of fine, premium or otherwise and in accordance with Scale B in Schedule 2 on the largest ascertainable amount of annual rent reserved:
Provided that–
a
where the amount of the rent is not ascertainable at the date of application for registration, the lease shall be treated as having been granted at a rent which attracts a fee of £25 in accordance with Scale B in Schedule 2;
b
where no money payment is made by the lessee as part of the same transaction by way of fine, premium or otherwise and no annual rent is reserved or the largest ascertainable amount of annual rent reserved is less than £1 a fee of £25 shall be payable.
3
Subject to paragraph (5)(i) and to article 6(3), the fee for an application for the registration of:
a
a transfer of registered land or of a registered charge for monetary consideration;
b
a transfer for the purpose of giving effect to the disposition for monetary consideration of a share in registered land or in a registered charge;
c
a surrender of a registered lease for monetary consideration (whether effected by deed or otherwise), except where the surrender is consideration or part consideration for the grant of a new lease to the registered proprietor;
shall be paid in accordance with Scale A in Schedule 1 on the amount or value of the consideration:
Provided that, where a sale and sub-sale of land are effected by one instrument of transfer, the fee shall be assessed upon the consideration paid by the sub-purchaser in respect of that land.
4
The fee for an application for the registration of:
a
an exchange (whether or not money is paid for equality);
b
a vesting order or declaration made under section 47 of the Act;
shall be paid in accordance with Scale A in Schedule 1 on the value of the land which is the subject of the dealing, determined in accordance with article 4, but after deducting therefrom the amount secured upon the land by any prior charge.
5
Subject to paragraph (7) of Part II of Schedule 4, the fee for an application for the registration of:
a
a transfer of registered land otherwise than for monetary consideration;
b
a transfer for the purpose of giving effect to the disposition otherwise than for monetary consideration of a share in registered land;
c
a surrender of a registered lease (whether effected by deed or otherwise) where the surrender is consideration or part consideration for the grant of a new lease to the registered proprietor;
d
a surrender of a registered lease otherwise than for monetary consideration (whether effected by deed or otherwise);
e
a transmission on death or bankruptcy;
f
an assent (including a vesting assent);
g
an appropriation;
h
a rectification of the register;
i
a transfer of a matrimonial home made pursuant to an order of the Court
shall be paid in accordance with Scale A in Schedule 1, reduced in accordance with Abatement 2 in Part I of Schedule 4, on the value of the land in each registered title which is the subject of the dealing, determined in accordance with article 4, but after deducting therefrom the amount secured upon the land by any prior charge:
Provided that–
a
in the case of a disposition of only a share in registered land the fee shall be paid in accordance with Scale A in Schedule 1, reduced in accordance with Abatement 2 in Part I of Schedule 4, on the equivalent proportion of the value of the land in each registered title which is the subject of the dealing but after deducting therefrom an equivalent proportion of the amount secured on the land by any prior charge;
b
where, in the case of rectification of the register, the fee appears to the Registrar to be unreasonable or excessive he may reduce or waive it.
6
Subject to article 6(3) and paragraph (7) of Part II of Schedule 4, the fee for an application for the registration of:
a
a charge;
b
the transfer of a charge otherwise than for monetary consideration;
c
a transfer for the purpose of giving effect to the disposition otherwise than for monetary consideration of a share in a registered charge;
shall be paid in accordance with Scale A in Schedule 1, reduced where applicable in accordance with Abatement 2 in Part I of Schedule 4, on the amount of the charge determined in accordance with article 5:
Provided that in the case of a disposition of only a share in a registered charge, the fee shall be paid in accordance with Scale A in Schedule 1 on the equivalent proportion of the amount of each registered charge which is the subject of the dealing.
7
The fee for an application to cancel an entry in the register of notice of an unregistered lease which has determined on merger, surrender or otherwise shall be paid in accordance with Scale A in Schedule 1 on the value thereof at the time of its determination.
Valuation (first registration)
3
1
In the case of an application by a purchaser for the first registration of title to land made within one year of a sale (other than an exchange, whether or not money is paid for equality, or the sale of a share only in the proceeds of sale of such land), the value of the land shall be taken as the amount of the purchase money together with the amount outstanding at the time of the purchase under any charge or mortgage subject to which the land was purchased.
2
In the case of an application for first registration not falling within paragraph (1), the value of the land shall be ascertained by the Registrar at such sum as in his opinion the land would fetch if sold in the open market at the date of the application free from any charge or mortgage; and as evidence of such value the Registrar may require a statement in writing, signed by the applicant or his solicitor or licensed conveyancer or by any other person who, in the Registrar’s opinion, is competent to make such a statement.
3
Where an application for first registration is made on the purchase of a leasehold estate by the reversioner or of a reversion by the leaseholder or on any other like occasion and merger of an unregistered interest takes place, the value of the land shall be the combined value of the reversionary and merged interests determined in accordance with paragraphs (1) and (2).
Valuation (registered land)
4
1
Where the value of the land in a registered title falls to be determined under this Order it shall be ascertained by the Registrar at such sum as in his opinion the land would fetch if sold in the open market free from any charge or mortgage:
a
in the case of a surrender at a date immediately prior to the surrender;
b
in any other case at the date of the application.
2
As evidence of such value the Registrar may require a statement in writing, signed by the applicant or his solicitor or licensed conveyancer or by any other person who, in the Registrar’s opinion, is competent to make such a statement.
Valuation (charges)
5
1
Subject to paragraph (5), where the amount of a charge falls to be determined under this Order it shall be taken to be:
a
in the case of a fixed charge, the amount secured by the charge;
b
in the case of a charge to secure further advances, where the total amount of the advances or of the money to be owing at any one time is in any way limited, the amount so limited;
c
in the case of a charge to secure further advances, where the total amount of the advances or of the money to be owing at any one time is in no way limited, an amount equal to the value of the registered land comprised in the charge after deducting therefrom the amount secured on it by any prior registered charge.
2
Where a charge of a kind referred to in paragraph (1)(a) or (1)(b) is secured on unregistered land or other property as well as on registered land, the fee in accordance with article 2(6) shall be payable on an amount calculated in accordance with the following formula:
Value of registered land Value of whole security × Amount of the charge
3
The fee in accordance with Scale A in Schedule 1 for the registration of a charge by way of additional or substituted security or by way of guarantee shall be payable on the lesser of:
a
the amount secured or guaranteed; or
b
the value of the land after deducting the amount secured on the land by any prior registered charge.
4
The fee in accordance with Scale A in Schedule 1 for the registration of a charge (not falling within paragraph (3)) to secure an obligation or liability which is contingent upon the happening of a future event shall be payable on the value of the land after deducting the amount secured on the land by any prior registered charge:
Provided that if the maximum amount or value of the obligation or liability which may arise is in any way limited under the charge and is capable of being ascertained at the time of the application to register the charge then the fee shall be payable on that amount or value, if less than the value of the land after deducting the amount secured on the land by any prior registered charge.
5
For the purpose of this Order, where two or more charges are contained in the same instrument and secure the same debt, the chargor, or each of the several chargors if more than one, shall be treated as having effected a single charge the amount of which is equal to the lesser of:
a
the whole debt; or
b
the value of the registered land charged by the chargor after deducting therefrom the amount secured on it by any prior registered charge.
Larger scale applications
6
1
Where an application for:
a
first registration of title to land; or
b
first registration of title to a lease of unregistered land;
relates to a title or lease comprising not fewer than 100 separate areas of land the fee payable in respect of such application shall be either £5 in respect of each such separate area of land or the amount payable under article 2, whichever is the greater.
2
For the purpose of paragraph (1) any land occupied together with a dwelling or a commercial or industrial unit shall be treated as forming part of the same separate area of land as that dwelling or commercial or industrial unit.
3
Where an application for:
a
first registration of title to a lease of registered land;
b
registration of a transfer of registered land or of a registered charge for monetary consideration;
c
registration of a transfer for the purpose of giving effect to the disposition for monetary consideration of a share in registered land or in a registered charge; or
d
registration of a charge;
relates to land comprised in not fewer than 100 registered titles the fee payable in respect of such application shall be either £5 in respect of each such title or the amount payable under article 2, whichever is the greater.
Fixed fees
7
1
Subject to paragraphs (3) and (4), the fees for the applications and services specified in Schedule 3 shall be those set out in the schedule.
2
The Registrar may, if he thinks fit, waive any fee or part of a fee or any category of fee payable under this article.
3
If, having regard to the extent of the land to which an application for a search of the index map relates, the Registrar considers that the cost of the work involved in dealing with that application would substantially exceed any fee otherwise payable under this Order, such additional fee shall be payable as the Registrar shall direct as appropriate to cover the excess cost of the work involved.
4
Notification of the additional fee shall be given to the applicant and, if he then elects to withdraw his application, no fee shall be payable.
Abatements and exemptions
8
1
The abatements set out in Part I of Schedule 4 shall apply in respect of the applications therein mentioned.
2
No fee shall be payable in respect of any of the applications and services specified in Part II of Schedule 4.
PART III
GENERAL AND ADMINISTRATIVE PROVISIONS
Cost of advertisements, surveys and special enquiries
9
If in the course of dealing with any application, the Registrar directs publication of an advertisement, the making of a survey (other than a survey to identify on the ordnance map land which is registered or is required to be registered under section 123 of the Act or is in a compulsory area) or any other special enquiry, the costs so incurred shall be defrayed by the applicant unless the Registrar directs to the contrary.
Fixed boundaries
10
Where application is made for the boundaries of land to be noted on the register as fixed under rule 277 of the principal rules such fee shall be charged as the Registrar may consider necessary to cover the cost of any examination of title, enquiries, mapping, surveying, notices or other work involved.
Special expedition
11
Where application for special expedition in connection with an application is granted, such further fee, being not less than £25, shall be payable as the Registrar shall direct having regard to the special work involved.
Applications not otherwise referred to
12
Upon an application for which no other fee is payable under this Order and which is not exempt from payment, there shall be paid such fee (if any) not exceeding a fee in accordance with Scale A in Schedule 1 on the value of the land or on the amount of the charge as the Registrar shall direct having regard to the work involved.
Method of payment
13
Subject to article 14:
a
every fee shall be paid by means of a cheque or postal order crossed and made payable to H.M. Land Registry;
b
where the amount of a fee payable on an application is immediately ascertainable, the fee shall be paid on delivery of the application;
c
where the amount of a fee payable on an application is not immediately ascertainable, on delivery of the application there shall be paid on account of the fee such sum, being not less than the minimum fee payable in accordance with Scale A in Schedule 1, as the applicant may reasonably estimate to be the fee payable and there shall be lodged therewith an undertaking to pay on demand the balance of the fee due, if any.
Credit accounts
14
1
Any person or firm may, if authorised by the Registrar, use a credit account in accordance with this article for the purpose of the payment of fees for applications and services of such kind as the Registrar shall from time to time direct.
2
Where an account holder makes an application in respect of which credit facilities are available, he may make a request, in such manner as the Registrar shall direct, for the appropriate fee to be debited to the account holder’s credit account.
3
When a person or firm having a credit account makes a written application in respect of which credit facilities are available but which is not accompanied by any fee and does not contain a request for the fee to be debited to that account, the Registrar may, if he thinks fit, nevertheless accept the application and debit the fee to that person’s or that firm’s account.
4
A statement of account shall be sent by the Registrar to each account holder at the end of each calendar month or such other period as the Registrar shall direct either in any particular case or generally.
5
On receipt of the statement and if no question arises thereon the account holder shall pay by cheque any sum due on his account forthwith.
6
Cheques shall be crossed and made payable to H.M. Land Registry and sent to the Accounts Section, H.M. Land Registry, Burrington Way, Plymouth, PL5 3LP or at such other address as the Registrar shall direct.
7
The Registrar may at any time and without giving reasons terminate or suspend any or all authorisations given under paragraph (1).
Mackay of Clashfern
Dated 15th January 1990
Kenneth Carlisle
Stephen Dorrell
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 24th January 1990


text:
Citation, commencement and purpose
1
1
These Regulations may be cited as the Insurance Companies (Amendment) Regulations 1990 and shall come into force on the day after the day on which they are made.
2
These Regulations give effect to Council Directive 88/357/ EEC of 22 June 1988 on the coordination of laws, regulations and administrative provisions relating to direct insurance other than life assurance and laying down provisions to facilitate the effective exercise of freedom to provide services and amending Directive 73/239/EEC .
Interpretation
2
1
In Part V of the Insurance Companies Act 1982 (supplementary provisions), after section 96 (general interpretation) insert–
Interpretation of expressions derived from general insurance Directives.
96A
1
In this Act–
a
“the first general insurance Directive” means Council Directive 73/239/EEC of 24 July 1973 on the coordination of laws, regulations and administrative provisions relating to the taking-up and pursuit of the business of direct insurance other than life assurance;
b
“the second general insurance Directive” means Council Directive 88/357/EEC of 22 June 1988 on the coordination of laws, regulations and administrative provisions relating to direct insurance other than life assurance and laying down provisions to facilitate the effective exercise of freedom to provide services and amending Directive 73/239/EEC ;
and “the general insurance Directives” means those Directives as amended and such other Directives as make provision with respect to the business of direct insurance other than life assurance.
2
In this Act, in relation to an insurance company carrying on general business (other than reinsurance), “establishment” means the head office or a branch or agency of the company; and references to a company being established in a particular member State mean that the company has its head office or a branch or agency there.
Any permanent presence of such a company in a member State shall be regarded as a branch or agency, even if that presence consists merely of an office managed by the company’s own staff or by a person who is independent but has permanent authority to act for the company in the same way as an agency.
3
References in this Act to the member State where the risk is situated are–
a
where the insurance relates to buildings or to buildings and their contents (in so far as the contents are covered by the same policy), to the member State in which the property is situated;
b
where the insurance relates to vehicles of any type, to the member State of registration;
c
in the case of policies of a duration of four months or less covering travel or holiday risks (whatever the class con cerned), to the member State where the policy holder took out the policy;
d
in a case not covered by paragraphs (a) to (c)–
i
where the policy holder is an individual, to the member State where he has his habitual residence;
ii
otherwise, to the member State where the establishment of the policy holder to which the policy relates is situated.
4
In this Act the “ ECU ” means the unit of account of that name defined in Council Regulation (EEC) No. 3180/78 as amended.
The exchange rates as between the ECU and the currencies of the member States to be applied for each year beginning on 31st December shall be the rates applicable on the last day of the preceding October for which rates for the currencies of all the member States were published in the Official Journal of the Communities.
.
2
In regulation 2 of the Insurance Companies Regulations 1981 (interpretation: general), in paragraph (1) at the appropriate place insert–
“unit of account” means the unit of account known as the ECU;
;
and for paragraph (2) substitute–
2
For the purposes of these Regulations, other than regulation 25C, the rate of conversion from the ECU to the pound sterling shall be subject to a minimum of 41.66 pence per ECU.
.
3
In regulation 3 of the Insurance Companies (Accounts and Statements) Regulations 1983 (interpretation), for paragraph (5) substitute–
5
For the purposes of these Regulations, other than regulation 13A, the rate of conversion from the ECU to the pound sterling shall be subject to a minimum of 41.66 pence per ECU.
.
Meaning of general and special policy conditions
3
In regulation 29 of the Insurance Companies Regulations 1981 (authorisation: submission of information), after paragraph (3) insert–
4
References in Schedule 5 to general and special policy conditions do not include specific conditions intended to meet, in an individual case, the particular circumstances of the risk to be covered.
.
Meaning of “large risks”
4
In Part V of the Insurance Companies Act 1982, after the section inserted by regulation 2 above insert–
Meaning of “large risks”.
96B
1
In this Act “large risks” means–
a
risks falling within classes 4, 5, 6, 7, 11 and 12 of Part I of Schedule 2;
b
risks falling within classes 14 and 15 of that Part which relate to a business carried on by the policy holder;
c
risks falling within classes 8, 9, 13 and 16 of that Part where the policy holder carries on a business in respect of which the condition specified in subsection (2) below is met.
2
The condition referred to in subsection (1)(c) is that at least two of the three following criteria were exceeded in the most recent financial year for which the information is available:
First stage: until 31st December 1992–
balance sheet total: 12.4 million ECU
net turnover: 24 million ECU
number of employees: 500;
Second stage: from 1st January 1993–
balance sheet total: 6.2 million ECU
net turnover: 12.8 million ECU
number of employees: 250.
3
For the purposes of subsection (2) as it applies to a company within the meaning of section 735(1) of the Companies Act 1985 or Article 3 of the Companies (Northern Ireland) Order 1986 –
a
“balance sheet total” has the meaning given by section 247(5) of that Act or Article 255(5) of that Order,
b
“net turnover” has the meaning given to “turnover” by section 262(1) of that Act or Article 270(1) of that Order, and
c
“number of employees” has the meaning given by section 247(6) of that Act or Article 255(6) of that Order;
and for a financial year which is a company’s financial year but not in fact a year, the net turnover of the company shall be proportionately adjusted.
4
Where the policy holder is a member of a group for which consolidated accounts (within the meaning of Directive 83/349/EEC ) are drawn up, the question whether the condition in subsection (2) is met shall be determined by reference to those accounts.
5
For the purposes of subsection (1)(c) as it applies where the policy holder is a professional association, joint venture or temporary grouping, the question whether the condition in subsection (2) is met shall be determined by reference to the aggregate of the relevant figures for all the members of the professional association, joint venture or temporary grouping.
6
In this section “business” includes a trade or profession and, for the purposes of subsection (1)(c), any activity of a professional association, joint venture or temporary grouping.
.
Matching of assets and liabilities
5
1
In the Insurance Companies Regulations 1981, for regulation 25 (matching of assets and liabilities) substitute–
Matching: general requirement
25
1
Where the liabilities of an insurance company in any particular currency exceed 5 per cent of the company’s total liabilities, the company shall hold sufficient assets in that currency to cover at least 80 per cent of the company’s liabilities in that currency.
2
Where an insurance company carries on both long term and general business, the requirements of paragraph (1) apply to the assets and liabilities of each kind of business separately.
3
For the purposes of this regulation–
“assets”, except in the case of assets of the kind referred to in regulation 38(2) below, means assets valued in accordance with Part V of these Regulations; and
“liabilities” means provision by an insurer to cover liabilities arising under or in connection with contracts of insurance (not being liabilities relating to insurance business excluded by regulation 27 below).
4
For the purposes of this regulation references to assets in a currency shall be construed as references to assets expressed in or capable of being realised (without exchange risk) in that currency; and an asset is capable of being realised (without exchange risk) in a currency if it is reasonably capable of being realised in that currency without risk that changes in exchange rates would reduce the cover of liabilities in that currency.
5
The provisions of this regulation have effect subject to the following regulations.
.
2
After that regulation insert–
Matching: property linked benefits
25A
1
In so far as the liabilities for property linked benefits are covered by assets which determine the benefits payable under a linked long term contract, regulation 25 above does not apply.
2
In so far as the liabilities for property linked benefits are covered by assets in a currency other than that in which the insurer’s obligations to the policy holder are expressed, those liabilities shall for the purposes of regulation 25 be deemed to be liabilities in the first-mentioned currency.
3
In this regulation “property linked benefits” has the meaning given by regulation 37(1) below.
Matching: currency of general business liabilities
25B
1
The currency of an insurance company’s general business liabilities shall, for the purposes of regulation 25 above, be determined as follows.
2
Where the contract of insurance expresses any liability in terms of a particular currency, that liability shall be regarded as a liability in that currency.
3
Where the liabilities are not so expressed, they shall be regarded as liabilities in the currency of the country in which the risk is situated or, if the company on reasonable grounds so determines, in the currency in which the premium payable under the contract is expressed.
4
However, the company may regard its liabilities as liabilities in the currency which it will use in accordance with past experience or, in the absence of such experience, in the currency of the country in which it is established–
a
for contracts covering risks falling within general business classes 4, 5, 6, 7, 11, 12 and 13 (producer’s liability only),
b
for contracts covering risks falling within any other general business class where, in accordance with the nature of the risks, the company’s liabilities are liabilities in a currency other than that determined in accordance with paragraph (2) or (3).
5
Where a claim has been notified to an insurance company and the company’s liability in respect of that claim is payable in a currency other than one which would result from the application of the above provisions, the liability shall be regarded as a liability in the currency in which the company is actually obliged to pay it.
6
Where a claim is assessed in a currency which is known to the company in advance but which is different from a currency determined in accordance with the above provisions, the company may regard its liabilities as liabilities in that currency.
Matching: exception for certain general business liabilities
25C
1
The requirements of regulation 25 above have effect subject to the following provisions as regards a company’s general business.
2
The company need not cover the liabilities of its general business by assets in a particular currency if those assets would amount to 7 per cent or less of the remainder of its assets in other currencies.
This paragraph is subject to paragraphs (3) and (4) below.
3
During the periods specified below, paragraph (2) has effect in relation to liabilities required to be covered by assets in Greek drachmas, Irish pounds or Portuguese escudos as if the following amounts, if less than the percentage mentioned in that paragraph, were substituted for that percentage–
Until 31st December 1992: 1 million ECU
From 1st January 1993 until 31st December 1998: 2 million ECU.
4
During the period until 31st December 1996, paragraph (2) has effect in relation to liabilities required to be covered by assets in Belgian francs, Luxembourg francs or Spanish pesetas as if the amount of 2 million ECU, if less than the percentage mentioned in that paragraph, were substituted for that percentage.
.
3
For regulation 27 of the Insurance Companies Regulations 1981 (exclusions from requirements as to the matching and localisation of assets), substitute–
Exclusions from regulations 25 and 26 27.
27
1
Nothing in regulation 25 or 26 above shall apply to–
a
insurance business carried on outside the United Kingdom, or
b
reinsurance business (unless it is facultative reinsurance written by an insurer who also carries on insurance business that is not reinsurance).
2
Nothing in regulation 26 above shall apply to insurance business of groups 3 and 4 (within the meaning of Part II of Schedule 2 to the Insurance Companies Act 1982).
.
Law applicable to certain contracts of insurance
6
1
In Part V of the Insurance Companies Act 1982 (supplementary provisions), after section 94 insert–
Law applicable to certain contracts of insurance
Law applicable to certain contracts of insurance.
94A
1
The law applicable to a contract of insurance the effecting of which constitutes general business, and which covers risks situated in the United Kingdom or another member State, shall be determined in accordance with the provisions of Schedule 3A to this Act.
2
Those provisions do not apply in relation to a contract of reinsurance.
.
2
After Schedule 3 to the Insurance Companies Act 1982 insert–


text:
1
This Order may be cited as the Combined Probation Areas (Lincolnshire) Order 1990 and shall come into force on 15th October 1990.
2
1
That part of Schedule 2 to the Combined Probation Areas Order 1986 which relates to the Lincolnshire Probation Committee shall be amended by —
a
omitting the entries in respect of the petty sessions areas of Bourne, East Elloe, Horncastle, Lincoln (City), Lincoln (County), Louth, Stamford and West Elloe;
b
inserting in alphabetical order in column 1 —
i
“Bourne and Stamford” and corresponding to that in column 3 “1”,
ii
“Elloes” and corresponding to that in column 3 “2”,
iii
“Lincoln District” and corresponding to that in column 3 “6”, and
iv
“Wolds” and corresponding to that in column 3 “1”.
2
One of the two justices appointed to be members of the Lincolnshire Probation Committee by the justices for the petty sessional divisions of Bourne and Stamford, in each case before the abolition of those petty sessional divisions and their reconstitution to form the new petty sessional division of Bourne and Stamford, shall continue to hold office as a member of that Committee, as if he had been appointed by the justices for the new division, until 30th November 1992 and shall then cease to hold office but shall be eligible for re-appointment.
3
The two justices appointed to be members of the said Committee by the justices for the petty sessional divisions of East Elloe and West Elloe, in each case before the abolition of those petty sessional divisions and their reconstitution to form the new petty sessional division of Elloes, shall continue to hold office as members of the Committee, as if they had been appointed by the justices for the new division, until 30th November 1992 and shall then cease to hold office but shall be eligible for re-appointment.
4
The six justices appointed to be members of the said Committee by the justices for the petty sessional divisions of Lincoln (City) and Lincoln (County), in each case before abolition of those petty sessional divisions and their reconstitution to form the new petty sessional division of Lincoln District, shall continue to hold office as members of the Committee, as if they had been appointed by the justices for the new division, until 30th November 1992 and shall then cease to hold office but shall be eligible for re-appointment.
5
One of the two justices appointed to be members of the said Committee by the justices for the petty sessional divisions of Horncastle and Louth, in each case before the abolition of those petty sessional divisions and their reconstitution to form the new petty sessional division of Wolds, shall continue to hold office as a member of the Committee, as if he had been appointed by the justices for the new division, until 30th November 1992 and shall then cease to hold office but shall be eligible for re-appointment.
David Waddington
One of Her Majesty’s Principal Secretaries of State
Home Office
21st September 1990


text:
1
1
This Order may be cited as the Child Abduction and Custody (Parties to Conventions) (Amendment) Order 1990.
2
The Child Abduction and Custody (Parties to Conventions) Order 1990 is revoked.
2
The Child Abduction and Custody (Parties to Conventions) Order 1986 is amended by deleting Schedule 1 and Schedule 2 thereto and substituting therefor the following–
SCHEDULE 1
CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION, THE HAGUE, 25th OCTOBER 1980
Article 2
Contracting States to the Convention Territories specified in Declarations under Article 39 or 40 of the Convention Date of Coming into Force as between the United Kingdom and the State or Territory
Australia Australian States and mainland Territories 1st January 1987 Austria — 1st October 1988 Belize — 1st October 1989 Canada Ontario 1st August 1986 New Brunswick 1st August 1986 British Columbia 1st August 1986 Manitoba 1st August 1986 Nova Scotia 1st August 1986 Newfoundland 1st August 1986 Prince Edward Island 1st August 1986 Quebec 1st August 1986 Yukon Territory 1st August 1986 Saskatchewan 1st November 1986 Alberta 1st February 1987 Northwest Territories 1st April 1988 The French Republic — 1st August 1986 The Federal Republic of Germany — 1st December 1990 The Hungarian People’s Republic — 1st September 1986 The Grand Duchy of Luxembourg — 1st January 1987 The Kingdom of the Netherlands — 1st September 1990 Norway — 1st April 1989 The Portuguese Republic — 1st August 1986 Spain — 1st September 1987 Sweden — 1st June 1989 The Swiss Confederation — 1st August 1986 The United States of America — 1st July 1988
SCHEDULE 2
EUROPEAN CONVENTION ON RECOGNITION AND ENFORCEMENT OF DECISIONS CONCERNING CUSTODY OF CHILDREN AND ON THE RESTORATION OF CUSTODY OF CHILDREN, LUXEMBOURG, 20th MAY 1980
Article 3
Contracting States to the Convention Territories specified in Declarations under Article 24 or 25 of the Convention Date of Coming into Force of Convention as between the United Kingdom and the State or Territory
The Republic of Austria — 1st August 1986 The Kingdom of Belgium — 1st August 1986 The Republic of Cyprus — 1st October 1986 The French Republic — 1st August 1986 The Federal Republic of Germany — 1st February 1991 The Grand Duchy of Luxembourg — 1st August 1986 The Kingdom of the Netherlands — 1st September 1990 Norway — 1st May 1989 The Portuguese Republic — 1st August 1986 Spain — 1st August 1986 Sweden — 1st July 1989 The Swiss Confederation — 1st August 1986
G. I. de Deney
Clerk of the Privy Council