text:
Citation and commencement
1
This Order may be cited as the Justices of the Peace Act 1979 (Amendment) Order 1990 and shall come into force on 1st April 1990.
Amendment of the Justices of the Peace Act 1979
2
The Justices of the Peace Act 1979 is amended —
1
in subsection (1) of section 49 (distress warrant for rates) by the substitution for the words after “levied” to the end of the following words —
, or where a charging authority has set an amount for its personal community charges or has determined a standard community charge multiplier, or in the case of a special authority within the meaning of section 144(6) of the Local Government Finance Act 1988, a multiplier under paragraph 9 of Schedule 7 to that Act, and a warrant of distress is issued against a person who is subject to the authority’s personal community charge, collective community charge or standard community charge, or is subject to a special authority’s non-domestic rate, no action shall be brought against the justice or justices who granted the warrant by reason of any irregularity or defect in the rate or, as the case may be, in the setting of the charge or the determination of the multiplier, or by reason that the person in question was not liable to the rate or subject to the charge.
; and
2
in section 65 (justices not disqualified by reason of being ratepayers) by the insertion —
a
after the words “rating authority” of the words “, community charges of a charging authority or the non-domestic rate of a special authority within the meaning of section 144(6) of the Local Government Finance Act 1988”; and
b
after the words “such rates” of the words “or is liable or would, but for an enactment or anything provided or done under an enactment, be liable to pay an amount in respect of any such community charges or such non-domestic rate”.
Signed by authority of the Secretary of State for the Environment
David Hunt
Minister for Local Governmentand Inner Cities,
Department of the Environment
6th March 1990
Peter Walker
Secretary of State for Wales
6th March 1990


type: legislation

jurisdiction: UK

text:
Citation, commencement and extent
1
These Regulations, which extend to Great Britain, may be cited as the Household Appliances (Noise Emission) Regulations 1990, and shall come into force on 28th February 1990.
Interpretation
2
1
In these Regulations, unless the context otherwise requires, the following expressions have the following meanings —
“appliance” means a household appliance consisting of any machine, part of a machine or installation manufactured principally for use in dwellings, including cellars, garages and other outbuildings and includes in particular household appliances for upkeep, cleaning purposes, preparation and strage of foodstuffs, production and distribution of heat and cold and air conditioning, but excluding —
appliances which are integrated parts of a building or its installations such as equipment for air conditioning, heating and ventilating (except household fans, cooker hoods and free-standing heating appliances), oil burners for central heating and pumps for water supply and for sewage systems;
equipment components such as motors;
electroacoustic appliances;
“batch” means all appliances of the same model or type produced at one operation under uniform conditions by the same manufacturer;
“the Directive” means Council Directive 86/594/ EEC on airborne noise emitted by household appliances ;
“harmonised standard” means a standard laid down and adopted by the European Committee for Standardisation or the European Committee for Electrotechnical Standardisation or both, on instructions from the Commission of the Communities, in accordance with Council Directive 83/189/EEC laying down procedure for the provision of information in the field of technical standards and regulations as amended ;
“importer” means a person established in a member State who has imported an appliance into a member State which has been manufactured by a person who is not established in a member State;
“manufacturer” means a manufacturer of an appliance established in a member State;
“market” means supply by way of sale, lease, hire or hire-purchase, whether as principal or agent for another; and
“relevant national standard” and “relevant national technical regulations” means respectively a standard which is applicable, and regulations which are applicable, to the appliance in question and of which the reference numbers are published —
in the United Kingdom, by the Secretary of State in such manner as he considers appropriate, or
in another member State.
2
Any reference in these Regulations to a numbered regulation is a reference to the regulation so numbered in these Regulations.
Marketing of appliances
3
1
No manufacturer or importer shall on or after 28th February 1990 market any appliance manufactured or imported by him in respect of which the requirements of regulation 4 or of the Directive as implemented in the law of Northern Ireland or in the law of a member State other than the UnitedKingdom are not satisfied.
2
Where a person (“the ostensible supplier”) markets any appliance by supplying the same to another (“the customer”) under a hire-purchase agreement, conditional sale agreement or credit sale agreement, and the ostensible supplier: —
a
carries on the business of financing the acquisition of goods by others by means of such agreements; and
b
in the course of that business acquired his interest in the appliance supplied to the customer as a means of financing its acquisition by the customer from a third person (“the effective supplier”)
the effective supplier and not the ostensible supplier shall be treated for the purposes of this regulation as marketing the appliance to the customer and any duty imposed by these Regulations on those who market any appliance shall accordingly fall on the effective supplier and not on the ostensible supplier.
3
Where a person (“the ostensible supplier”) markets any appliance by supplying the same to another (“the customer”) under a lease, and the ostensible supplier —
a
has not previously granted any lease to the customer in respect of that appliance; and
b
carries on the business of financing the use of goods by others by means of leases; and
c
in the course of that business acquired his interest in the appliance supplied to the customer for the purpose of financing its provision to the customer by a third person (“the effective supplier”); and
d
he or his agent either
i
has not had physical possession of the appliance; or
ii
has had physical possession of the appliance only for the purpose of passing it to the customer; and
e
he or his agent has not modified, overhauled, repaired or restored the appliance;
then the effective supplier and not the ostensible supplier shall be treated for the purposes of this regulation as marketing the appliance to the customer and any duty imposed by these Regulations on those who market any appliance shall accordingly fall on the effective supplier and not on the osensible supplier.
4
Where —
a
paragraph (3) of this regulation has applied in respect of a lease; and
b
the ostensible supplier grants a further lease of the appliance to the same customer; and
c
the appliance has remained in the physical possession of the customer since he took possession of it under the first lease; and
d
the appliance has not at any time been modified, overhauled, repaired or restored by or on behalf of the ostensible supplier; then no duty shall be imposed by these Regulations on the ostensible supplier in relation to the supply by way of that further lease.
Information about airborne noise emitted by appliances
4
1
Where a manufacturer or an importer of an appliance manufactured or imported by him on or after 28th February 1990 takes any steps to inform any person to whom the appliance is to be, or may be, marketed of the level of airborne noise emitted by the appliance, the level shall be determinedin accordance with article 6(1) of the Directive which is set out in the Schedule to these Regulations.
2
The level shall be stated in a manner which is readily understandable by any person to whom the appliance is to be, or may be, marketed.
3
Where a label is attached to the appliance containing technical information other than in respect of the level of airborne noise emitted by the appliance the level of airborne noise shall be stated on that label.
Relevant national standard and technical regulations
5
1
The requirement in regulation 4(1) shall be taken to have been satisfied if the requirements set out in paragraph (2) of this regulation are satisfied.
2
The requirements referred to in paragraph (1) of this regulation are that the measurements for determining the level of airborne noise have been carried out in accordance with —
a
the relevant national standard incorporating a harmonised standard the reference number of which has been published in the Official Journal of the Communities; or
b
the relevant national standard and the relevant national technical regulations the reference numbers of which have been published in the Official Journal of the Communities in so far as no harmonised standard exists in the areas covered by such national standard and regulations.
Periodic checks
6
1
The Secretary of State may from time to time carry out in Great Britain periodic checks of appliances which are for the time being held by or on behalf of the manufacturer, importer or other supplier of the appliances in respect of which steps have been taken to inform any person to whom te appliances are to be, or may be, marketed of the level of airborne noise emitted by the appliances in order to ascertain whether the level of airborne noise emitted by the appliances and specified in that information has been determined in accordance with the requirements of regulation 4 or of te Directive as implemented in the law of Northern Ireland or in the law of a member State other than the United Kingdom.
2
If the Secretary of State, after checking any appliances under paragraph (1) of this regulation, is satisfied that the level of airborne noise emitted by the appliances and specified in the information referred to in paragraph (1) of this regulation has not been determined in accordance with he requirements of regulation 4 or of the Directive as implemented in the law of Northern Ireland or in the law of a member State other than the United Kingdom, he may give notice of that fact to the manufacturer or importer of any of the appliances, or any appliance of the same batch, and such noice shall specify the matters mentioned in paragraph (3) of this regulation.
3
The matters to be specified in a notice given under paragraph (2) of this regulation are as follows —
a
the respects in which the level of airborne noise has not been determined in accordance with the requirements referred to in paragraph (2) of this regulation;
b
that unless within a specified period the manufacturer or importer takes such steps as are specified in the notice to ensure that none of the appliances so specified are marketed by him or any other person he shall within a further specified period take such steps as are so specified to ensure that the level of airborne noise contained in the information referred to in paragraph (1) of this regulation in respect of all such appliances is rectified so as to refer to the level as so determined.
Offences
7
1
Any person who without reasonable excuse contravenes or fails to comply with any of the provisions of regulation 3(1) or a notice given under regulation 6(2) shall be guilty of an offence punishable on summary conviction with a fine not exceeding level five on the standard scale.
2
Where the commission by any person of an offence under these Regulations is due to the act or default of some other person, that other person shall be guilty of the offence, and a person may be charged with and convicted of the offence by virtue of this regulation whether or not proceedings are taken against the first-mentioned person.
Offences by corporations
8
1
Where an offence under these Regulations committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person purprting to act in any such capacity, he as well as the body corporate shall be deemed guilty of the offence.
2
Where the affairs of a body corporate are managed by its members, paragraph (1) of this regulation shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
Eric Forth
Parliamentary Under-Secretary of State,
Department of Trade and Industry
5th February 1990


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Taunton and Somerset National Health Service Trust (Establishment) Order 1990 and shall come into force on 21st December 1990.
2
In this Order unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State has a function to provide under sections 3(1)(d) or (e) or 5(1)(a) and (1A) of, or Schedule 1 to, the National Health Service Act 1977 ;
“establishment date” means 21st December 1990;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means Taunton and Somerset National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called Taunton and Somerset National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be–
a
to own and manage hospital accommodation and services at Taunton and Somerset Hospital, Musgrove Park, Taunton, Somerset TA1 5DA and associated hospitals;
b
to manage community health services from Taunton and Somerset Hospital, Musgrove Park, Taunton, Somerset TA1 5DA and to own the premises there from which those services are to be provided and any associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1991.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date in order to enable it to begin to operate satisfactorily from the operational date the trust shall have the limited functions–
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary for the said purpose.
Assistance by health authorities before operational date
7
1
The Somerset Health Authority shall–
a
until the operational date make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The Somerset Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are–
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the Somerset Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Stephen Dorrell
Parliamentary Under-Secretary of State,
Department of Health
4th December 1990


text:
1
These Rules may be cited as the Trade Marks and Service Marks (Amendment) Rules 1990 and shall come into force on 1st October 1990.
2
Rule 14 of the Trade Marks and Service Marks Rules 1986 is amended by substituting for paragraph(5) thereof the following paragraph —
5
The Registrar may refuse to recognise as agent in respect of any business under the 1938 Act or the modified 1938 Act —
a
a person who has been convicted of an offence under section 283 of the Copyright, Designs and Patents Act 1988 ;
b
an individual whose name has been erased from and not restored to the register of trade mark agents required to be kept pursuant to rules made under section 282 of the Copyright, Designs and Patents Act 1988 on the ground of misconduct;
c
a person who is found by the Secretary of State to have been guilty of such conduct as would, in the case of an individual registered in that register, render him liable to have his name erased from it on the ground of misconduct;
d
a partnership or body corporate of which one of the partners or directors is a person whom the Registrar could refuse to recognise under paragraph (a), (b) or (c) above.
.
Douglas Hogg
Minister of State,
Department of Trade and Industry
18th July 1990


text:
1
This Order may be cited as the Offshore Installations (Safety Zones) (No. 7) Order 1990 and shall come into force on 10th December 1990.
2
A safety zone is hereby established around the installation specified in Column 1 of the Schedule hereto (being an installation stationed in waters to which subsection (7) of section 21 of the Act applies) having a radius of five hundred metres from the point as respects that installation which has the co-ordinates of latitude and longitude according to European Datum (1950) specified in Columns 2 and 3 of the Schedule.
Colin Moynihan
Parliamentary Under Secretary of State,
Department of Energy
15th November 1990


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Northern General Hospital National Health Service Trust (Establishment) Order 1990 and shall come into force on 17th December 1990.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 17th December 1990;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Northern General Hospital National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Northern General Hospital National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to own and manage hospital accommodation and services at the Northern General Hospital, Herries Road, Sheffield S5 7AU and associated hospitals including the management of its teaching and research facilities.
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
2
The hospital referred to in article 3(2) is a hospital which, in the opinion of the Secretary of State, has a significant teaching and research commitment and accordingly one of the non-executive directors shall be appointed from The University of Sheffield.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1991.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date in order to enable it to begin to operate satisfactorily from the operational date the trust shall have the limited functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary for the said purpose.
Assistance by health authorities before operational date
7
1
The Sheffield Health Authority shall —
a
until the operational date make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The Sheffield Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the Sheffield Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Stephen Dorrell
Parliamentary Under-Secretary of State,
Department of Health
4th December 1990


text:
1
The new highways which the Secretary of State proposes to construct along the routes described in the Schedule to this Order which connect the trunk road with other highways at the places stated in that Schedule (the new highways along these routes being in this Order referred to as “the slip roads”) shall become trunk roads as from the date when this Order comes into force.
2
The centre line of each of the slip roads is indicated by a heavy black line on the deposited plan.
3
In this Order: —
i
“the deposited plan” means the plan folio numbered HA10/2E/297, marked “The A604 Catthorpe — Harwich Trunk Road (Thrapston to Brampton Section and Slip Roads) Order (No. 2) Supplementary Order 1990” containing a key plan and two maps, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the trunk road” means the length of highway described in paragraph (ii) of Schedule 3 to the A604 Catthorpe — Harwich Trunk Road (Thrapston to Brampton Section and Slip Roads) Order (No. 2) 1987 , which is to become trunk road.
4
This Order shall come into force on 25th January 1991 and may be cited as the A604 Catthorpe — Harwich Trunk Road (Thrapston to Brampton Section and Slip Roads) Order (No. 2) Supplementary Order 1990.
Signed by authority of the Secretary of State for Transport
Peter Emms
Regional Director Eastern Region
Department of Transport
13th December 1990