text:
1
1
This Order may be cited as the Conservation of Seals (England) (No. 2) Order 1990 and shall come into force on 19th December 1990.
2
Without prejudice to its earlier revocation this Order shall cease to have effect on the expiration of three years beginning with the date of its coming into force.
3
The Conservation of Seals (England) Order 1990 is hereby revoked.
2
There is hereby prohibited, within the territorial limits set out in article 3 below, the killing, injuring or taking of seals of the species known as Halichoerus grypus (grey seals) and Phoca vitulina (common seals).
3
For the purposes of article 2 above, the territorial limits of this Order are:
a
the counties of Cleveland, Durham, East Sussex, Essex, Greater London, Humberside, Kent, Lincolnshire, Norfolk, North Yorkshire, Northumberland, Suffolk, Tyne and Wear; and
b
those territorial waters adjacent to England which are:
i
to the south of a line drawn at 055° true from the point on the mainland at 55° 48'.67 North latitude and 02° 02'.0 West longitude; and
ii
adjacent to any of the counties specified in paragraph (a) above and, in the case of East Sussex, not further west than a line drawn true South from Newhaven Breakwater Head Light which is at 50° 46'.5 North latitude and 00° 03'.6 East longitude.
Kenneth Baker
One of Her Majesty’s Principal Secretaries of State
Home Office
10th December 1990


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Local Councillors) Amendment Regulations 1990 and shall come into force on 1st August 1990.
Amendment of the Social Security (Severe Disablement Allowance (Amendment) and Local Councillors Consequential) Regulations 1989
2
In paragraph (3) of regulation 3 of the Social Security (Severe Disablement Allowance (Amendment) and Local Councillors Consequential) Regulations 1989 (treatment of a local councillor’s allowance paid otherwise than weekly) for the words “In the case of a special responsibility allowance,” there shall be substituted the words “In the case of a basic allowance or a special responsibility allowance,”.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
22nd June 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 new trunk road with other highways at the place stated in that Schedule (the 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
The Secretary of State directs as respects any part of a highway which crosses the route of any of the slip roads that —
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or byreason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway.The date specified will not be later than the date on which the relevant route is opened for the purpose of through traffic.
4
In this Order: —
i
“the deposited plan” means the plan contained in the plan folio numbered PSE A3/6B/65/2/2 marked “The London Ports-mouth Trunk Road A3 (Liphook-Ham BarnSection Slip Roads) (Part 3) Order 1990”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY; and
ii
“the new trunk” has the same meaning as the London-Portsmouth road Trunk Road A3 (Liphook-Ham Barn Section) (Part 2: Headley Road to Queens Road) Order 1990 .
5
This Order shall come into force on 1st July 1990 and may be cited as the London-Portsmouth TrunkRoad A3 (Liphook-Ham Barn Section Slip Roads) (Part 3) Order 1990.
Signed by authority of the Secretary of State for Transport
D. G. Gruffydd Jones
Regional Director, South East Region,
Department of Transport
19th June 1990


text:
1
1
These Regulations may be cited as the Town and Country Planning (Control of Advertisements) (Amendment) Regulations 1990 and shall come into force on 9th May 1990.
2
In these Regulations “the principal Regulations ” means the Town and Country Planning (Control of Advertisements) Regulations 1989 .
2
In regulation 2 of the principal Regulations (interpretation) —
a
in paragraph (1), in the definition of statutory undertaker, after “the Gas Act 1986”, insert “any public electricity supplier within the meaning of Part I of the Electricity Act 1989 , the Post Office, the National Rivers Authority, any water undertaker, any sewerage undertaker”;
b
in paragraph (2), for sub-paragraph (c) substitute —
c
in any other case, the relevant district planning authority or metropolitan district or London borough council.
3
In regulation 7(1) of the principal Regulations (directions restricting deemed consent) omit “11B,”.
4
For regulation 19 of the principal Regulations (control in areas of special control) substitute —
19
1
Subject to the following provisions of this regulation, no advertisements may be displayed in an area of special control unless they come within —
a
Classes B to J in Schedule 2;
b
Classes 1 to 3, 5 to 7 and 9 to 14 in Schedule 3;
c
paragraph (2).
2
Advertisements of the following descriptions displayed with express consent come within this paragraph —
a
hoardings or similar structures to be used only for the display of notices relating to local events, activities or entertainments;l
b
any advertisement for the purpose of announcement or direction in relation to buildings or other land in the locality, reasonably required having regard to the nature and situation of such buildings or other land;
c
any advertisement required in the interests of public safety;
d
any advertisement which could be displayed by virtue of paragraph (1)(b) but for some non-compliance with a condition or limitation imposed by Schedule 3 as respects size, height from the ground, number or illumination or but for a direction under regulation 7;
e
any advertisement within Class 4A, 4B or 8 in Schedule 3.
3
Express consent may not be given for the display in an area of special control of an illuminated advertisement falling within sub-paragraph (2)(a) or (b).
4
Where an area is designated as an area of special control, advertisements within paragraph (5) which are being displayed immediately before the relevant order comes into force may only continue to be displayed for the period specified in relation thereto unless, in the case of an advertisement referred to in paragraph (2), express consent is granted for the continued display of the advertisement.
5
The advertisements and specified periods are —
a
any advertisement within Class 4A or 4B in Schedule 3 for which express consent has not been granted, 5 years from the date on which the order comes into force;
b
any advertisement within Class 8 for which express consent has not been granted, 1 year from the date on which the order comes into force or 2 years from the date on which the advertisement was first displayed, whichever period expires later;
c
any advertisement for which express consent has been granted, other than an advertisement referred to in paragraph 2(d) or (e), 6 months from the date on which the order comes into force or for the remainder of the period of the express consent, whichever period expires later.
6
Nothing in the foregoing provisions of this regulation shall —
a
affect a notice served under regulation 8 at any time;
b
override any condition attached to a consent, whereby the advertisement is required to be removed;
c
restrict the powers of a local planning authority, or of the Secretary of State, in regard to any contravention of these Regulations.
5
In Schedule 3, Part I (classes of advertisements which may be displayed with deemed consent) —
a
in condition (1) of Class 4A, 4B and 8 omit “an area of special control”;
b
in Class 5, for the heading “Advertisements (other than illuminated advertisements) on business premises” substitute “Advertisements on business premises” and for condition (3) substitute —
3
Illumination is not permitted unless the advertisement states that medical or similar services or supplies are available at the premises on which the advertisement is displayed and the illumination is in a manner reasonably required to fulfil the purpose of the advertisement.
;
c
in Class 11, in condition (4) of Class 11A omit “, or within 25 metres of aClass 11B advertisement” and omit Class 11B.
6
In Schedule 3, Part II (interpretation of Part I of that Schedule), delete paragraph 2.
Chris Patten
Secretary of State for the Environment
4th April 1990
Peter Walker
Secretary of State for Wales
5th April 1990


text:
1
This Order may be cited as the British Citizenship (Designated Service) (Amendment) Order 1990 and shall come into force on 16th February 1990.
2
In the Schedule to the British Citizenship (Designated Service) Order 1982 (which specifies descriptions of service designated for the purposes of section 2 of the British Nationality Act 1981) after paragraph 13 there shall be inserted the following paragraph–
14
Service under the European Patent Office.
.
David Waddington
One of Her Majesty’s Principal Secretaries of State
Home Office
9th January 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 main trunk road with another highway (the 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–
1
i
“the deposited plan” means the plan numbered RSE/A421/ 1/65/2/2, marked “The A421 Trunk Road (Wendlebury to Bicester Section, Slip Roads) Order 1990,” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY, and
ii
“the main trunk road” means the Wendlebury to Bicester Trunk Road (A421).
4
This Order shall come into force on 12th November 1990 and may be cited as the A421 Trunk Road (Wendlebury to Bicester Section, Slip Roads) Order 1990.
Signed by authority of the Secretary of State for Transport
J. W. Fellows
Regional Director South East Region
Department of Transport
2nd October 1990


text:
1
These Regulations may be cited as the Measuring Instruments (EEC Require-ments) (Fees) (Amendment) Regulations 1990 and shall come into force on 2nd April 1990.
2
The Measuring Instruments (EEC Requirements) (Fees) Regulations 1988 are hereby amended as follows —
a
in regulation 3(2), for “£26.20” there shall be substituted “£28.00”;
b
in paragraph (a) of Schedule 2, for “£44.60” there shall be substituted “£48.00”; and
c
in paragraph 1(1)(a) of Schedule 3, for “£37.20”, “£30.20” and “£11.20” there shall be substituted respectively “£33.00”, “£48.00” and “£9.20”.
Eric Forth
Parliamentary Under-Secretary of State,
Department of Trade and Industry
26th February 1990
We consent
John Taylor
Stephen Dorrell
Two of the Lords Commissioners of HM Treasury
5th March 1990


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Southend Health Care Services 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 Southend Health Care Services 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 Southend Health Care Services 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 Southend Hospital, Prittlewell Chase, Westcliffe on Sea SS0 7DN and associated hospitals.
Directors of the trust
4
1
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 Southend 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 Southend 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 Southend Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Stephen Dorrell
Parliamentary Under-Secretary of State,
Department of Health
4th December 1990


text:
Citation and commencement
1
This Order may be cited as the Edinburgh College of Art (Amendment) Order 1990 and shall come into force on 5th December 1990.
Interpretation
2
In this Order, “the principal Order ” means the Edinburgh College of Art Order 1959.
Amendment of the First Schedule to the principal Order
3
1
In paragraph 3(1) of the First Schedule to the principal Order, after the word “present” there shall be inserted the words “and voting, or where sub-paragraph (2) applies by a majority of those voting, either in person or by proxy.”.
2
In paragraph 3 of the First Schedule to the principal Order, after sub-paragraph (1) there shall be inserted the following sub-paragraph:-
2
In respect of the following matters a governor may vote either in person or by a proxy appointed in accordance with paragraph 3A of this Schedule:–
a
the election of the chairman;
b
the appointment of a principal of the college;
c
any question where–
i
the governing body have at a previous meeting determined that because of the importance of the question proxy voting should be permitted; and
ii
notice of the terms of the question and of the decision to allow proxy voting on it is delivered or posted to each governor not less than seven days before the meeting.
.
4
After paragraph 3 of the First Schedule to the principal Order there shall be inserted the following paragraph:–
3A
1
Only a governor may be appointed to be a proxy.
2
An instrument appointing a proxy shall be in writing executed by the appointer and shall be deposited with the secretary before the commencement of the meeting at which the person named in such instrument proposes to vote, otherwise the person so named shall not be entitled to vote as proxy.
3
A vote given by proxy shall be valid notwithstanding revocation of the authority of the proxy, unless notice in writing of the revocation was received by the secretary before the commencement of the meeting.
4
Any instrument appointing a proxy shall be in the following form (or in a form as near thereto as circumstances allow or in any other form which the governing body may approve):–
.
.
Michael B. Forsyth
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
6th November 1990


text:
Title and commencement
1
These Regulations may be cited as the Milk and Dairies and Milk (Special Designation) (Charges) Regulations 1990, and shall come into force on 27th August 1990.
Interpretation
2
1
In these Regulations, except where the context requires otherwise–
“ the Act ” means the Food Act 1984;
“ the Board ” means the Milk Marketing Board for England and Wales established by the Milk Marketing Scheme (Approval) Order 1933 ;
“cow” means a cow kept for milking purposes whether dry or in milk but does not include a heifer which has never calved;
“dairy farm visit” means a visit to a registered dairy farm by an inspector and the undertaking by him there of inspection, sampling or both for the purpose of ascertaining whether provisions of the principal Regulations are being complied with, and–
“sampling dairy farm visit” means a dairy farm visit for the sole purpose of taking samples of milk or water or both, and
“general dairy farm visit” means any other dairy farm visit;
“follow-up visit” means a sampling dairy farm visit arising out of findings of a previous sampling dairy farm visit for which a charge has been made under these Regulations, and findings of any follow-up visit shall be treated as if they were also findings of that previous sampling dairy farm visit;
“inspector” means an inspector or authorised officer of the Minister ;
“the Minister” means–
except in regulation 4, the Minister of Agriculture, Fisheries and Food and the Secretary of State, acting jointly, and
in regulation 4–
in respect of registered dairy farms wholly in Wales, the Secretary of State, and
in respect of other registered dairy farms, the Minister of Agriculture, Fisheries and Food;
“the principal Regulations” means the Milk and Dairies (General) Regulations 1959 , the Milk (Special Designation) Regulations 1989 or both;
“registered dairy farm” means a farm registered under regulation 6 of the Milk and Dairies (General) Regulations 1959;
“registered dairy farmer” means a person registered under regulation 6 of the Milk and Dairies (General) Regulations 1959; and
“served” means served in accordance with section 125 of the Act.
2
Any reference in these Regulations to a numbered regulation shall, unless the reference is to a regulation of specified Regulations, be construed as a reference to the regulation so numbered in these Regulations.
Liability to charges
3
1
For the purposes of the principal Regulations, and subject to paragraphs (2) and (3) hereof, there shall be due from the registered dairy farmer to the Minister, in respect of any matter specified in the first column of the Schedule to these Regulations, the charge specified in relation thereto in the second column thereof.
2
The charge due under the first item of the Schedule to these Regulations shall be the higher rate of charge unless the number of cows on the registered dairy farm at the time of commencement of the dairy farm visit is less than twenty and the registered dairy farmer provides to the inspector, no later than at the time at which the charge is recovered, a written declaration to that effect, in which case the charge due shall be the lower rate of charge.
3
Notwithstanding paragraphs (1) and (2) hereof, no charge shall be due in respect of any dairy farm visit–
a
for the purpose of ascertaining whether there is a particular threat to public health, or for the purpose of taking measures to reduce such a threat,
b
in connection with an untreated milk producer’s licence granted in accordance with the Milk (Special Designation) Regulations 1989 solely for the sale of milk under the conditions described in paragraph A4(1)(c) of Schedule 2 to those Regulations (farmhouse catering), or
c
in connection with a consent granted under section 42 of the Act to sell milk without the use of a special designation.
Recovery of charges
4
1
Where–
a
a charge is due under regulation 3,
b
there is due from the Board to the registered dairy farmer a sum of money not less than that charge, and
c
no determination has been made by the Minister and communicated by him to the Board that the charge should be collected directly by him,
such charge shall be recovered by the Board on behalf of the Minister by deduction of a sum equal to that charge from such sum of money.
2
The Minister shall notify the registered dairy farmer before any deduction is made by the Board under paragraph (1) hereof.
3
The Minister shall meet such reasonable costs as the Board may incur in recovering charges under paragraph (1) hereof.
4
Any charge due under regulation 3 which is not recoverable under paragraph (1) hereof shall become payable on a demand being served on the registered dairy farmer by the Minister.
5
Any sum remaining unpaid may be recovered by the Minister from the registered dairy farmer as a civil debt.
Revocation of previous regulations
5
The Milk and Dairies and Milk (Special Designation) (Charges) Regulations 1987 and the Milk and Dairies and Milk (Special Designation) (Charges) (Amendment) Regulations 1989 are hereby revoked.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 31st July 1990.
Trumpington
Minister of State, Ministry of Agriculture, Fisheries and Food
Kenneth Clarke
Secretary of State for Health
31st July 1990
David Hunt
Secretary of State for Wales
31st July 1990


text:
1
These Regulations may be cited as the Local Authorities (Borrowing) (Amendment) Regulations 1990 and shall come into force on 19th May 1990.
2
1
The Local Authorities (Borrowing) Regulations 1990 are hereby amended as follows.
2
In regulation 7(5), in the definition of “C”, after the word “paragraph” there shall be inserted “2(1) or calculated in accordance with paragraph”.
3
In the Schedule to the Regulations, in paragraph 5, for the word “date”, at the last place where it occurs, there shall be substituted “rate”.
Chris Patten
Secretary of State for the Environment
11th May 1990
Signed by authority of the Secretary of State
Wyn Roberts
Minister of State
Welsh Office
15th May 1990 Welsh Office
We consent,
David Lightbown
John Taylor
Two of the Lords Commissioners of Her Majesty’s Treasury
16th May 1990


text:
1
1
This Order may be cited as the Broadcasting Act 1990 (Commencement No. 1 and Transitional Provisions) Order 1990.
2
In this Order “the 1990 Act ” means the Broadcasting Act 1990.
2
The provisions of the 1990 Act which are specified in Schedule 1 to this Order shall come into force on 1st December 1990.
3
1
Subject to paragraphs (2) and (3) below, the provisions of the 1990 Act which are specified in Schedule 2 to this Order shall come into force on 1st January 1991.
2
Paragraph (1) above and Schedule 2 to this Order shall not apply so as to bring into force the replacement of the reference to the Independent Broadcasting Authority by the amendment made by paragraph 36 of Schedule 20 to the 1990 Act until such time as that Authority is dissolved by order under section 127(3) of the 1990 Act.
3
Paragraph (1) above and Schedule 2 to this Order shall not apply so as to bring into force the repeal by Schedule 21 to the 1990 Act of those provisions of the Broadcasting Act 1981 and the Cable and Broadcasting Act 1984 , together with the entries in the said Schedule 21 in respect of paragraph 81 of Schedule 4 to and paragraphs 8(1) and (3) and 30 of Schedule 5 to the Telecommunications Act 1984 , the Companies Consolidation (Consequential Provisions) Act 1985 , the Finance Act 1986 , the Broadcasting Act 1987 , the Education Reform Act 1988 , sections 73 and 134(4) of, paragraph 19 of Schedule 2 to, and paragraph 29 of Schedule 7 to the Copyright, Designs and Patents Act 1988 and the Finance Act 1989 , which continue to have effect under or by virtue of sections 127 to 129 and 134 of, and Schedules 9 to 12 to, the 1990 Act.
4
Section 175 of the 1990 Act shall come into force on 1st February 1991.
5
Section 176 of, and Schedule 17 to, the 1990 Act shall come into force on 1st March 1991 except that for the purpose of enabling publication of information about programmes to be included in a programme service on or after that date, those provisions shall come into force on 1st January 1991.
6
The following provisions shall come into force on 1st April 1991; those provisions are:
a
section 180 of, and Schedule 18 to, the 1990 Act; and
b
the entries in Schedule 21 to the 1990 Act relating to the repeal of —
i
the Wireless Telegraphy (Blind Persons) Act 1955 ; and
ii
the Wireless Telegraphy Act 1967 .
7
1
Subject to paragraph (2) below, the provisions of the 1990 Act which are specified in Schedule 3 to this Order shall come into force on 1st January 1993.
2
For the purposes of enabling conditions of the type specified in sections 34(2), 35(1) and 185(3) of the 1990 Act to be included in a Channel 3 or Channel 5 licence or licence to provide Channel 4, sections 34, 35 and 185 of that Act shall come into force on 1st January 1991.
David Waddington
One of Her Majesty’s Principal Secretaries of State
Home Office
27th November 1990


text:
1
This Order may be cited as the Inheritance Tax (Indexation) Order 1990.
2
The amounts which, unless Parliament otherwise determines, shall be treated by virtue of section 8 of the Inheritance Tax Act 1984 as specified in the Table in Schedule 1 to that Act in relation to chargeable transfers on or after 6th April 1990 are as follows —
TABLE OF RATES OF TAX
Portion of value Lower Limit Upper Limit Rate of tax £ £ Per cent.
0 128,000 NIL 128,000 — 40
Stephen Dorrell
Thomas Sackville
Two of the Lords Commissioners of Her Majesty’s Treasury
20th March 1990


text:
1
This Order may be cited as the Hovercraft (Application of Enactments) (Amendment) Order 1990 and shall come into force on the fourteenth day after which it is made.
2
The Hovercraft (Application of Enactments) Order 1972 is amended as follows —
in Part B of Schedule 1 delete the entries relating to the Merchant Shipping (Distress Signals and Prevention of Collisions) Regulations 1983 , the Mersey Channel (Collision Rules) Order 1978 and the River Hull (Navigation) Rules Order 1957 .
3
The Hovercraft (Application of Enactments) Order 1989 is amended as follows —
a
substitute the following for article 2 —
2
The following enactments shall apply in relation to hovercraft as they apply in relation to ships, and for that purpose shall have effect subject to the modifications set out in Parts A, B and C of Schedule 1 to this Order —
a
section 728 of the Merchant Shipping Act 1894 ;
b
sections 56 to 58 of the Merchant Shipping Act 1970 ;
c
sections 27 and 28 of the Merchant Shipping Act 1979 ;
d
the Merchant Shipping (Formal Investigations) Rules 1985 .;
b
in regulation 3 (Prevention of Pollution by Hovercraft) for “The Merchant Shipping (Prevention of Pollution by Garbage) Regulations 1988 ” substitute “The Merchant Shipping (Prevention of Pollution by Garbage) Regulations 1988”;
c
for Schedule 1 substitute the following —
SCHEDULE 1
Article 2
PART A
modification of section 728 of the merchant shipping act 1894 applied by article 2
1
In section 728(a) for “accident or damage” substitute “casualty”;
2
Omit paragraphs (b) and (c).
3
Add the following as sub-sections (2) and (3) —
2
Subject to sub-section (3) below, in this section “casualty” means any occurrence whereby a hovercraft —
a
has sustained, caused or been involved in any accident occasioning loss of life or any serious injury to any person;
b
became lost, abandoned, missing or stranded;
c
suffered such damage as the result of any accident that its safety was impaired;
d
became involved in a collision with another hovercraft or a ship; or
e
caused any damage.
3
Subsection (2) above only applies if —
a
the occurrence took place —
i
on or over the sea or other navigable water; or
ii
between the time when any person went on board the hovercraft for the purpose of making a journey which would involve crossing the sea or other navigable water and the time when it came to rest at the end of such a journey; or
iii
during the testing or maintenance of a hovercraft which normally makes a journey on or over the sea or other navigable water; and also only
b
if at the time the occurrence took place the hovercraft —
i
was registered in the United Kingdom; or
ii
was operating unregistered in accordance with any provisions of any order for the time being in force made under section 1(1)(a) of the Hovercraft Act 1968; or
iii
was within the United Kingdom or United Kingdom territorial waters; or
iv
was not registered under the law of any country but was owned by persons any one of whom is ordinarily resident, or being a company has its principal place of business in the United Kingdom.
.
PART B
modifications of the provisions of the merchant shipping act 1970 applied by article 2
1
For section 56(1) substitute the following —
1
Where any casualty has occurred, the Secretary of State may cause a formal investigation into the casualty to be held —
a
if in England, Wales or Northern Ireland, by a wreck commissioner, and
b
if in Scotland, by the sheriff;
and in this section “casualty” means any casualty within the meaning of section 728 of the Merchant Shipping Act 1894 (as modified by the Hovercraft (Application of Enactments) Order 1989).
1A
A wreck commissioner or sheriff holding a formal investigation shall conduct it in accordance with rules under section 58(1) of this Act; and those rules shall require the assistance of one or more assessors.
.
2
Omit section 56(4).
3
In section 57(4), omit the words “have decided to cancel or suspend the certificate of any person or” and “decision or”.
4
In section 58(1), omit the words “inquiries under sections 52 and 54 of this Act and of”.
PART C
modifications of the merchant shipping (formal investigations) rules 1985 applied by article 2
1
In rule 2(1), for the definition of “accident” substitute the following —
“accident” means any casualty to which section 728 of the Merchant Shipping Act 1894 (as modified by the Hovercraft (Application of Enactments) Order 1989) applies;
and omit the definition of “officer”.
2
In rule 4, omit paragraphs (3) and (4).
3
In rule 10, omit the second sentence.
4
For rule 12 substitute —
Result of Formal Investigation
12
At the end of the formal investigation the wreck commissioner shall give a brief summary of his findings in public and make a report on the case to the Secretary of State including his and the assessor's, or assessors' findings as to the reasons for the hovercraft casualty or incident or as to any particular matters relating thereto, or as to the conduct of any person implicated therein.
.
5
In the Schedule, omit the first four entries and in the entry “Persons of Special Skill or Knowledge” add —
c
Persons with special skills or knowledge in the operation of Hovercraft.
.
G. I. de Deney
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemptions) (England) (No. 2) Order 1990 and shall come into force on 1st April 1990.
Interpretation
2
In this Order —
“ the Act ” means the Local Government Act 1988;
“cleaning” means the cleaning of buildings transferred to an authority mentioned in article 4 hereof by the Education (Inner London Education Authority) (Property Transfer) Order 1990 ;
“catering” means catering for the purposes of schools so transferred; and
“vehicle maintenance” means the repair and maintenance of vehicles so transferred.
Exemptions
3
Cleaning, catering and vehicle maintenance, being, respectively, defined activities within section 2(2)(b), (d) and (g) of the Act, shall not be treated as such activities if carried out by a specified authority before the date specified in relation to that activity and that authority in the table in the Schedule hereto.
Authorities
4
For the purpose of this Order the specified authorities are —
a
the councils of the London boroughs of Lambeth, Southwark, Greenwich, Lewisham;
b
the councils of the London boroughs of Kensington and Chelsea, Wandsworth, Camden, Hackney, Tower Hamlets;
c
the common Council of the City of London in its capacity as a local authority and the councils of the London boroughs of Hammersmith and Fulham, Islington, Westminster.
Chris Patten
Secretary of State for the Environment
2nd March 1990


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


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Housing Benefit (General) Amendment Regulations 1990 and shall come into force–
a
in any case to which paragraph (2) applies, on 1st April 1990, and
b
in any other case, on 2nd April 1990.
2
This paragraph applies in any case where rent is payable at intervals of one month or any other interval which is not a week or a multiple thereof.
3
In any case in which these Regulations and the Social Security Benefits Up-Rating Order 1990 come into force on the same day, these Regulations shall come into force immediately after that Order.
4
In these Regulations “the General Regulations ” means the Housing Benefit (General) Regulations 1987 .
Amendment of regulation 2 of the General Regulations
2
In regulation 2(1) of the General Regulations (interpretation)–
a
in the definition of “lone parent” for the words “is not a” there shall be substituted the words “has no”;
b
after the definition of “the Macfarlane Trust” there shall be inserted the following definition–
“training allowance” means an allowance (whether by way of periodical grants or otherwise) payable–
out of public funds by a Government department or by or on behalf of the Training Agency;
to a person for his maintenance or in respect of a member of his family; and
for the period, or part of the period, during which he is following a course of training or instruction provided by, or in pursuance of arrangements made with, that department or approved by that department in relation to him or so provided or approved by or on behalf of that Agency,
but it does not include an allowance paid by any Government department to or in respect of a person by reason of the fact that he is following a course of full-time education, other than under arrangements made under section 2 of the Employment and Training Act 1973 or is training as a teacher;
.
Amendment of regulation 3 of the General Regulations
3
In regulation 3(2)(d) of the General Regulations (definition of non-dependent) at the end there shall be added the words “and is either a co-owner of that dwelling with the claimant or his partner (whether or not there are other co-owners) or is liable with the claimant or his partner to make payments in respect of his occupation of the dwelling.”.
Amendment of regulation 11 of the General Regulations
4
In regulation 11(1A) of the General Regulations (restrictions on unreasonable payments) , at the end there shall be inserted the words “during the period of 12 months beginning with the first day on which that determination had effect.”.
Insertion of regulation 12A in the General Regulations
5
The following regulation shall be inserted after regulation 12 of the General Regulations (restrictions on rent increases)–
Requirement to refer to rent officers
12A
1
Subject to paragraph (2), an appropriate local authority shall apply to a rent officer for a determination to be made in pursuance of the Housing Act functions where it has received–
a
a claim on which rent allowance may be awarded; or
b
a notification of a change relating to a rent allowance.
2
An application shall not be required under paragraph (1) where a claim or notification relates to either–
a
a dwelling in a hostel if, during the period of 12 months which ends on the day on which that claim or notification is received by the appropriate local authority–
i
a rent officer has already made a determination in the exercise of the Housing Act functions in respect of a dwelling in that hostel which is a similar dwelling to the dwelling to which the claim or notification relates; and
ii
that determination or, if there has been more than one such determination, the most recent, was made in respect of a claim for a period beginning on or after 9th October 1989; and
iii
there has been no change relating to a rent allowance that has affected the dwelling in respect of which that determination was made; or
b
an “excluded tenancy” within the meaning of Schedule 1A (excluded tenancies).
3
Where an application to a rent officer is required by paragraph (1) it shall be made within 3 days, or as soon as practicable thereafter, of the appropriate local authority receiving–
a
a claim on which rent allowance may be awarded; or
b
a notification of a change relating to a rent allowance.
4
For the purposes of calculating the period of 3 days mentioned in paragraph (3), no regard shall be had to any day on which the offices of the appropriate local authority are closed for the purposes of receiving or determining claims.
5
In a pre-commencement case in which an appropriate local authority has not made an application to a rent officer to make a determination in the exercise of the Housing Act functions but would have been under a duty to make such an application if paragraphs (1) to (3) and (7) had been in force, an appropriate local authority shall apply to a rent officer for a determination to be made in pursuance of those functions within 6 weeks of–
a
2nd April 1990; or
b
the date on which, in the opinion of the appropriate local authority, all of the information which a rent officer would require for the purposes of exercising the Housing Act functions has been received by the appropriate authority,
whichever is the later.
6
Applications referred to rent officers under paragraph (5) shall be determined–
a
in a case in which the tenancy has come to an end before the application is referred to the Rent Officer, on the assumption that the facts relevant to the determination of that application were those which existed on the last day of the tenancy, and
b
in any other case, on the assumption that the facts relevant to the determination of the application are those which exist on the date on which that application is referred.
7
For the purposes of this regulation a dwelling in a hostel shall be regarded as similar to another dwelling in that hostel if each provides sleeping accommodation for the same number of persons.
8
In this regulation–
“change relating to a rent allowance” means a change or increase to which paragraph 2(3)(a), (b), (c) or (d) of Schedule 1A applies;
“determination” includes a further determination but does not include a re-determination within the meaning of the Order or, as the case may be, the Scottish Order or an interim determination;
“hostel” means a building–
in which there is provided for persons generally or for a class of persons, domestic accommodation, otherwise than in separate and self-contained premises, and either board or facilities for the prepara tion of food adequate to the needs of those persons, or both and–
which is–
managed or owned by a registered housing association; or
operated other than on a commercial basis and in respect of which funds are provided wholly or in part by a government department or agency or a local authority; or
managed by a voluntary body or charity and provides care, support or supervision with a view to assisting those persons to be rehabilitated or resettled within the community;
other than a residential care home, a nursing home or residential accommoda tion within the meaning of regulation 21(3) of the Income Support (General) Regulations 1987 ;
“Housing Act functions” has the same meaning as in section 30(2A) of the Act;
“Housing for Wales” has the same meaning as in section 46 of the Housing Act 1988 ;
“nursing home” and “residential care home” have the same meanings as in regulation 19(3) of the Income Support (General) Regulations 1987 (income support applicable amounts for persons in residential care and nursing homes);
“pre-commencement case” has the same meaning as in section 30(2C) of the Act ;
“registered housing association” means a housing association which is registered in a register maintained under section 3 of the Housing Associations Act 1985 by the Housing Corporation, Scottish Homes or Housing for Wales;
“Scottish Homes” has the same meaning as in section 1 of the Housing (Scotland) Act 1988 ;
“tenancy” includes–
in Scotland, any other right of occupancy; and
in any other case, a licence to occupy premises,
and reference to a tenant, landlord or any other expression appropriate to a tenancy shall be construed accordingly;
“the Housing Corporation” has the same meaning as in Part III of the Housing Associations Act 1985;
.
Amendment of regulation 13 of the General Regulations
6
In regulation 13(2) of the General Regulations (persons of a prescribed description) there shall be added at the end the words “or to a person who is receiving advanced education within the meaning of regulation 12(2) of the Income Support (General) Regulations 1987, (relevant education).”.
Amendment of regulation 34 of the General Regulations
7
In regulation 34 of the General Regulations (capital treated as income), after paragraph (2) there shall be added the following paragraph–
3
Any earnings to the extent that they are not a payment of income shall be treated as income.
.
Amendment of regulation 40 of the General Regulations
8
In regulation 40 of the General Regulations (income treated as capital) at the end there shall be added the following paragraph–
6
Any charitable or voluntary payment which is not made or due to be made at regular intervals, other than a payment which is made under the Macfarlane Trust, the Macfarlane (Special Payments) Trust or the Independent Living Fund, shall be treated as capital.
.
Amendment of regulation 56 of the General Regulations
9
In regulation 56 of the General Regulations (disregard of certain student’s income other than covenant and grant income)–
a
for the words “only if, and to the extent that,” there shall be substituted the words “to the extent that”;
b
for the amount “£5” there shall be substituted the amount “£10”.
Amendment of regulation 63 of the General Regulations
10
In regulation 63 of the General Regulations (non-dependent deductions)–
a
in paragraph (1)(a) the words “or a boarder aged 18 or over” shall be omitted;
b
in paragraph (2) the words “and of a boarder aged 18 or over in remunerative work” shall be omitted;
c
at the end of paragraph (6)(b) there shall be added the words “in respect of himself.”;
d
in paragraph (7) in sub-paragraphs (b) and (c) the words “and is not a boarder” in each of those sub-paragraphs shall be omitted;
e
in paragraph (8) the words “Except in the case of a boarder aged 18 or over,” shall be omitted.
Amendment of regulation 67 of the General Regulations
11
In regulation 67 of the General Regulations (date on which benefit period is to end) for the words following “unless” to the end of the regulation there shall be substituted the words–
a
the claimant is a person on income support and he ceases to be entitled when, except in cases to which sub-paragraph (b) refers, the benefit period will end with the last day of the benefit week in which the cessation of his entitlement takes effect in accordance with regulation 68(1) (date when change of circumstances is to have effect);
b
the claimant is a person on income support and he ceases to be entitled on account of an award of benefit under the Social Security Act when the benefit period will end at the end of the benefit week in which the payment of income support ceases; or
c
the appropriate authority determines that some other change of circum stances has occurred which should result in the benefit period ending with an earlier week when the benefit period will end with the last day of that week.
.
Amendment of regulation 81 of the General Regulations
12
In regulation 81 of the General Regulations (further review of determinations) for paragraph (4) there shall be substituted the following paragraph–
4
Notwithstanding paragraph (3) where–
a
a person has requested a further review of a determination, and
b
he has also, in connection with a claim for community charge benefit, requested a further review of a determination relating to community charge benefit in accordance with regulation 69 of the Community Charge Benefits (General) Regulations 1989 (further reviews of determinations with respect to community charge benefit),
a Review Board appointed in accordance with that regulation may also be appointed under this regulation to conduct a further review of the determination in respect of housing benefit at the same time, provided that the person who has made the representation against each determination and any person affected agree to this course.
.
Insertion of Schedule 1A
13
After Schedule 1 to the General Regulations (ineligible service charges) there shall be inserted Schedule 1A set out in Schedule 1 to these Regulations.
Amendment of Schedule 2 to the General Regulations
14
In Schedule 2 to the General Regulations (applicable amounts)–
a
in paragraph 6, in sub-paragraph (1) for the words from “either the higher pensioner premium” to the end of that sub-paragraph there shall be substituted the words “any other premium which may apply under this Schedule.”;
b
in paragraph 7(b) after the words “Employment and Training Act 1973” there shall be added the words “or for any period during which he is in receipt of a training allowance”;
c
in paragraph 8 for the words from “is a member” to the end there shall be substituted the words “is a lone parent”;
d
at the end of paragraph 10(3) there shall be added–
c
where the claimant or his partner–
i
was entitled to community charge benefit at any time in the period of 8 weeks before becoming entitled or re-entitled to housing benefit, and
ii
satisfied the conditions in respect of the higher pensioner premium under paragraphs 11 and 13 of Schedule 1 to the Community Charge Benefits (General) Regulations 1989,
for the purpose of establishing entitlement or re-entitlement to housing benefit, he or his partner shall be treated as satisfying the equivalent conditions for higher pensioner premium under this paragraph and paragraph 12.
;
e
in paragraph 12–
i
in sub-paragraph (1) for head (b) there shall be substituted the following–
b
the circumstances of the claimant fall, and have fallen, in respect of a continuous period of not less than 28 weeks, within sub-paragraph (6) or, if he was in Northern Ireland for the whole or part of that period, within one or more comparable Northern Irish provisions;
;
ii
in sub-paragraph (5) after the words “Employment and Training Act 1973” there shall be added the words “or for any period during which he is in receipt of a training allowance”;
iii
at the end of paragraph 12 there shall be added the following sub-paragraphs–
6
For the purposes of sub-paragraph (1)(b) the circumstances of a claimant fall within this sub-paragraph if–
a
he provides evidence of incapacity in accordance with regulation 2 of the Social Security (Medical Evidence) Regulations 1976 (evidence of incapacity for work) in support of a claim for sickness benefit, invalidity pension or severe disablement allowance within the meaning of sections 14, 15 or 36 of the Social Security Act, provided that an adjudication officer has not determined he is not incapable of work, or
b
he is in receipt of statutory sick pay within the meaning of Part I of the Social Security and Housing Benefits Act 1982 .
;
f
in paragraph 13–
a
in sub-paragraph (2)(a)(iii) the words “no one is in receipt of” shall be omitted; and after the words “Social Security Act” there shall be inserted the words “is not in payment to anyone”;
b
in sub-paragraph (2)(b) for the words “there is someone in receipt of an invalid care allowance” there shall be substituted the words “an invalid care allowance is payable to someone”; and, for the words “there is no-one in receipt of such an allowance” there shall be substituted the words “such an allowance is not in payment to anyone”;
g
after paragraph 14A there shall be inserted the following paragraph–
Person in receipt of benefit
14B
For the purposes of this Part of this Schedule, a person shall be regarded as being in receipt of any benefit if, and only if, it is paid in respect of him and shall be so regarded only for any period in respect of which that benefit is paid.
.
Amendment of Schedule 3 to the General Regulations
15
In Schedule 3 to the General Regulations (sums to be disregarded in the calculation of earnings) in paragraph 3(7) for the words “income support.” there shall be substituted the words “housing benefit, community charge benefit or both.”.
Amendment of Schedule 4 to the General Regulations
16
In Schedule 4 to the General Regulations (sums to be disregarded in the calculation of income other than earnings)–
a
in paragraph 13 for the reference “paragraph 31” there shall be substituted the reference “paragraph 33”;
b
in paragraphs 13, 14 and 33 for the reference to “£5” in each of those paragraphs there shall be substituted references to “£10”;
c
in paragraph 19 the words “or a boarder” shall be omitted;
d
after paragraph 39 there shall be added the following paragraphs–
40
Any community charge benefit.
41
Any payment in consequence of a reduction of a personal community charge pursuant to regulations under section 13A of the Local Government Finance Act 1988 or section 9A of the Abolition of Domestic Rates Etc (Scotland) Act 1987 (reduction of liability for personal community charges).
42
Where the claimant occupies a dwelling as his home and that dwelling is also occupied by a boarder who makes payments to the claimant in respect of his occupation–
a
£20.00 of any payment made by that boarder; and
b
if the payment exceeds £20.00, 50% of the excess.
43
Any special war widows payment made under–
a
the Naval and Marine Pay and Pensions (Special War Widows Payment) Order 1990 made under section 3 of the Naval and Marine Pay and Pensions Act 1865 ;
b
the Royal Warrant dated 19th February 1990 amending the Schedule to the Army Pensions Warrant 1977 ;
c
the Queen’s Order dated 26th February 1990 made under section 2 of the Air Force (Constitution) Act 1917 ;
d
the Home Guard War Widows Special Payments Regulations 1990 made under section 151 of the Reserve Forces Act 1980 ;
e
the Orders dated 19th February 1990 amending Orders made on 12th December 1980 concerning the Ulster Defence Regiment made in each case under section 140 of the Reserve Forces Act 1980 ;
and any analogous payment made by the Secretary of State for Defence to any person who is not a person entitled under the provisions mentioned in sub-paragraphs (a) to (e) of this paragraph.
.
Amendment of Schedule 5 to the General Regulations
17
In Schedule 5 to the General Regulations (capital to be disregarded), after paragraph 34 there shall be added the following paragraphs–
35
Any community charge benefit.
36
Any payment in consequence of a reduction of a personal community charge pursuant to regulations under section 13A of the Local Government Finance Act 1988 or section 9A of the Abolition of Domestic Rates Etc (Scotland) Act 1987 (reduction of liability for personal community charge) but only for a period of 52 weeks from the date of the receipt of the payment.
37
Any grant made to the claimant in accordance with a scheme made under section 129 of the Housing Act 1988 or section 66 of the Housing (Scotland) Act 1988 (schemes for payments to assist local housing authority and local authority tenants to obtain other accommodation) which is to be used–
a
to purchase premises intended for occupation as his home; or
b
to carry out repairs or alterations which are required to render premises fit for occupation as his home,
for a period of 26 weeks from the date on which he received such a grant or such longer period as is reasonable in the circumstances to enable the purchase, repairs or alterations to be completed and the claimant to commence occupation of those premises as his home.
.
Amendments relating to the abolition of domestic rates
18
1
There shall be omitted from the General Regulations the provisions and words specified in column (1) of Part I of Schedule 2 hereto.
2
For the provisions, words and references in the General Regulations which are specified in column (1) of Part II of Schedule 2 hereto there shall be substituted the provisions, words and references specified opposite in column (3) of that Part.
Transitional provision
19
1
A claim for housing benefit in the form of a rate rebate in respect of a period falling before 1st April 1990 may be made on or after that date.
2
The appropriate authority may treat a claim for community charge benefit as being, in addition, a claim for housing benefit in the form of a rate rebate in respect of a period falling before 1st April 1990.
3
Where–
a
the claimant makes a claim which is, or is treated as, a claim for housing benefit in the form of a rate rebate under paragraph (1) or (2) above in respect of a period ending not later than 31st March 1990; and
b
he proves that there was good cause for his failure to make that claim throughout the period between any date falling on or before 31st March 1990 and the date on which the claim was or was treated as made,
his claim shall be treated, subject to section 165A of the Social Security Act 1975 (52 week limit on entitlement before the date of claim), as if it were made on the first day of that earlier period from which he can prove good cause.
Signed by authority of the Secretary of State for Social Security.
Gillian Shephard
Parliamentary Under-Secretary of State,
Department of Social Security
8th March 1990.


text:
Citation and Interpretation
1
1
This Order may be cited as the Companies Act 1989 (Commencement No. 7 and Transitional and Saving Provisions) Order 1990.
2
In this Order:
“the 1985 Act ” means the Companies Act 1985 ; and
“the 1989 Act ” means the Companies Act 1989.
3
In articles 4 to 6 of this Order expressions bear the meaning they have in the 1985 Act, unless otherwise stated.
Provisions of the 1989 Act commenced by this Order
2
In Part V of the 1989 Act:
a
section 139 shall come into force on 1st October 1990, subject to the transitional and saving provisions set out in articles 4 and 5 of this Order; and
b
paragraphs 2 to 7 and 14 of Schedule 19, and section 145 in so far as it relates to those paragraphs, shall come into force on 1st October 1990, subject, in the case of paragraphs 2 and 6, to the transitional and saving provisions set out in article 6 of this Order.
3
In Part X of the 1989 Act, the repeals effected by Schedule 24 in or of:
a
sections 466(2) and 733(3) of the 1985 Act and Schedules 22 (in so far as Schedule 24 to the 1989 Act effects a repeal in the entry relating to sections 363 to 365) and 24 (in so far as Schedule 24 to the 1989 Act repeals the entry relating to section 365(3)) to the 1985 Act; and
b
Part I of Schedule 13 to the Insolvency Act 1986 (in so far as Schedule 24 to the 1989 Act omits the entry relating to section 733(3)),
together with section 212 so far as relating to those repeals, shall come into force on 1st October 1990.
The repeals effected in Schedules 22 and 24 of the 1985 Act shall come into force subject to the transitional and saving provisions made by articles 4 and 5 of this Order.
Transitional and saving provisions
4
In article 5 of this Order:
“the old Chapter III ” means the provisions of Chapter III of Part XI of the 1985 Act, together with the entries relating to the provisions of that Chapter in Schedules 22 and 24 to the 1985 Act, prior to their repeal by sections 139 and 212 (together with Schedule 24) of the 1989 Act;
“the new Chapter III” means the new sections 363 to 365 inserted by section 139 of the 1989 Act; and
“company” includes any body corporate to which sections 363 to 365 of the 1985 Act are applied by any enactment.
5
1
Notwithstanding the commencement of section 139 of the 1989 Act by this Order, the provisions of the old Chapter III shall continue in force for the purposes of the transitional provisions made by this article.
2
A company which holds an annual general meeting on or after 1st October 1990 but before 1st January 1991 may make an annual return for 1990 in accordance with the provisions of the old Chapter III instead of in accordance with the provisions of the new Chapter III.
3
A company which has held an annual general meeting for 1990 prior to 1st October 1990 but which is not by that date in default with respect to the delivery of its annual return for 1990 may also make an annual return for 1990 in accordance with the provisions of the old Chapter III instead of in accordance with the provisions of the new Chapter III.
4
A company to which paragraph 2 of Schedule 4 to the Companies Act 1989 (Commencement No. 4 and Transitional and Saving Provisions) Order 1990 applies(a company which elects under section 366A of the 1985 Act not to have an annual general meeting) which is not by 1st October 1990 in default with respect to the delivery of its annual return for 1990 may also make an annual return for 1990 in accordance with the provisions of the old Chapter III instead of in accordance with the provisions of the new Chapter III.
5
A company able to make a return under paragraphs (2), (3) or (4) above under the old Chapter III shall be deemed to have elected to do so upon the delivery of a return for 1990 in the form prescribed for the purposes of sections 363 and 364 of the 1985 Act by Regulation 4 of, and Schedule 3 to, the Companies (Forms) Regulations 1985 , or upon the expiry of the time within which it would be required to deliver its first return under the new Chapter III in the absence of this Regulation.
6
Where a company elects, or is treated as having elected under paragraph (5), to make a return in accordance with paragraphs (2), (3) or (4) then:
a
in connection with that return, sections 363(7), 364(4) and 365(3) of the old Chapter III shall, without prejudice to the generality of paragraph (1) of this article, continue to be applicable to defaults in complying with sections 363, 364 and 365 respectively of that Chapter;
b
a return made under the old Chapter III, as continued in force by this article, which complies with the formal and substantive provisions of that Chapter (including those in section 365 requiring the return to be completed and forwarded to the registrar of companies within a certain time) shall be treated, for the purposes of section 363 of the new Chapter III, as a return delivered in accordance with the new Chapter III; and
c
in connection with that return, the amendment made by section 139(4) of the 1989 Act to Schedule 1 to the Company Directors Disqualification Act 1986 shall be treated as not having been made.
7
Nothing in the new Chapter III shall be construed as requiring a company to deliver an annual return for 1990 to the registrar under that Chapter if the company would, under sections 363(3) or 364(2) of the old Chapter III, have been exempt from making an annual return for 1990.
6
1
Where in consequence of the coming into force of paragraph 2 of Schedule 19 to the 1989 Act a company comes under an obligation to amend the particulars of an existing director or shadow director contained in the register of directors required to be kept by section 288 of the 1985 Act, then:
a
the company shall not, for the purposes of section 288(4) of the 1985 Act, be in default for a failure to make those amendments unless they have not been made by 1st November 1990; and
b
the company need not notify the registrar of companies under section 288(2) of the 1985 Act of those amendments when made.
For the purposes of this paragraph, an “existing” director or shadow director is a director or shadow director of the company who was such a director on 30th September 1990 and “company” includes any body corporate to which section 288 of the 1985 Act is applied by any enactment.
2
Where an oversea company (other than an oversea company to which section 699 of the 1985 Act applies) has delivered to the registrar of companies a list of directors and secretary under section 691 of the 1985 Act prior to 1st October 1990 (the commencement of paragraph 6 of Schedule 19 to the 1989 Act) it shall, by 1st January 1991, make a return under section 692(1) of the 1985 Act containing the particulars required by section 691(2)(a)(vii) (as inserted by the said paragraph 6) (the date of birth of each director of the company); for the purposes of section 697 of the 1985 Act (penalties for non-compliance) this paragraph shall be treated as a requirement of section 692 of the 1985 Act.
Amendment of the 1985 Act
7
The section 363 inserted by section 139 of the 1989 Act into the 1985 Act shall be amended, with effect from 1st October 1990, as follows:
a
in subsection (5)(a), the words “on or after 1st October 1990” shall be substituted for the words “after the commencement of section 139 of the Companies Act 1989”; and
b
in subsection (5)(b), the words “1st October 1990” shall be substituted for the words “that commencement”.
Amendments of earlier Commencement Orders
8
1
Paragraph 2(1) of Schedule 4 to the Companies Act 1989 (Commencement No. 4 and Transitional and Saving Provisions) Order 1990 shall be amended, with effect from 1st October 1990, by the substitution of the words “at a time when sections 363 to 365 of the unamended 1985 Act are in force to any extent” for the words “at a time when sections 363 to 365 of the amended 1985 Act are not in force”.
2
Article 8 of the Companies Act 1989 (Commencement No. 6 and Transitional and Saving Provisions) Order 1990 shall be amended, with effect from 1st October 1990, by the substitution of the following in place of paragraph (b) of that article:
b
“on or after 1st November 1990” shall be substituted for the words “after the commencement of that section” where they appear in those sub-sections.
John Redwood
Parliamentary Under-Secretary of State,
Department of Trade and Industry
18th August 1990


text:
1
This Order may be cited as the Unitary Development Plans (Rotherham) (Appointed Day) Order 1990 and shall come into force on 3rd July 1990.
2
3rd July 1990 is appointed as the day on which Part I of Schedule 1 to the Local Government Act 1985 shall come into force in the area of Rotherham Metropolitan Borough Council.
Chris Patten
Secretary of State for the Environment
5th June 1990


text:
Citation and commencement
1
This Order may be cited as the Local Government Finance (Capital Money) (Consequential Amendments) Order 1990 and shall come into force on 9th March 1990.
Amendments of enactments and instruments
2
1
Subject to paragraph (2) below, the enactments and instruments mentioned in column (1) of the Schedule to this Order shall have effect on and after 1st April 1990 subject to the amendments specified in column (2) of that Schedule.
2
The amendments in section 77(2) and (5) of the Local Government Act 1985 shall have effect on and after the date on which this Order comes into force for the purpose of enabling the Secretary of State to make an order under section 77(1) of the Local Government Act 1985 which has effect on or after 1st April 1990.
Chris Patten
Secretary of State for the Environment
15th February 1990


text:
PART I
General
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1990 and shall come into force on 1st January 1991.
2
The Merchant Shipping (Dangerous Goods) Regulations 1981 and the Merchant Shipping (Dangerous Goods) (Amendment) Regulations 1986 are hereby revoked.
3
In these Regulations, except where the context otherwise requires:
“Bulk Cargoes Code” means the 1989 edition of IMO Code of Safe Practice for Solid Bulk Cargoes;
“BCH Code” means the 1990 edition of IMO Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk;
“correct technical name” means a description of the goods sufficient to identify their dangerous characteristics, including any proper shipping name described in the IMDG Code;
“dangerous goods declaration” means a certificate or declaration in writing, signed by the person making it that the shipment offered for carriage is properly classified, packaged, marked, labelled or placarded, as appropriate, in accordance with the IMDG Code and is in a proper condition for carriage by sea;
“dangerous goods” means goods classified in the IMDG Code or in any other IMO publication referred to in these Regulations as dangerous for carriage by sea, and any other substance or goods the properties of which might be dangerous if that substance or those goods were carried by sea, and includes empty receptacles, residues in empty tanks or cargo holds which have been used previously for the carriage of dangerous goods unless such receptacles, empty tanks or cargo holds have been cleaned and dried, purged, gas freed or ventilated as appropriate or in the case of radioactive materials have been both cleaned and adequately closed; but the expression shall not include goods forming part of the equipment or stores of the ship in which they are carried;
“durably marked” means that the label or other marking in accordance with the provisions of these Regulations is such as to remain identifiable on the packages surviving at least three months immersion in the sea and “durable” shall be construed accordingly;
“employee” means a person (including the master but excluding dock workers or shore-based repair or other workers temporarily employed on board the ship) employed:
in the deck, engine, radio, medical or catering department of a ship, or
in the provision of goods, services or entertainment on board;
“explosives” are those articles and substances contained in Class 1 of the IMDG Code;
“flammable liquid” means a liquid the flash point of which is at or below 60 degrees Celsius (closed cup) in respect of bulk cargoes and at or below 61 degrees Celsius (closed cup) in respect of packaged goods;
“forwarder” means the person by whom dangerous goods or marine pollutants are delivered to the ship or its agent;
“Gas Carrier Code” means the 1983 edition of IMO Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk;
“Gas Carrier Code for Existing Ships” means the 1976 edition of IMO Code for Existing Ships Carrying Liquefied Gases in Bulk, including the first set of amendments (adopted by the Maritime Safety Committee of IMO in April 1978), the second set of amendments (adopted by the Maritime Safety Committee of IMO in May 1979), the third set of amendments (adopted by the Maritime Safety Committee of IMO in May 1980) and the fourth set of amendments (adopted by the Maritime Safety Committee of IMO in November 1984);
“handling” includes the operations of loading, unloading and transferring dangerous goods and cleaning, purging, gasfreeing, ullaging, sounding, sampling and similar operations required for the carriage of such goods in a ship;
“IMDG Code” means the 1990 consolidated edition of the International Maritime Dangerous Goods Code;
“IMO” means the International Maritime Organization;
“in bulk” means directly and without intermediate form of containment in a hold, tank or cargo space, which is a structural part of or permanently attached to a ship;
“IBC Code” means the 1990 edition of IMO International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk;
“IGC Code” means the 1983 edition of IMO International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk;
“marine pollutants declaration” means a certificate or declaration in writing, signed by the person making it, that the shipment offered for carriage is properly classified, packaged and marked in accordance with the IMDG Code and is in a proper condition for carriage to minimise the hazard to the marine environment;
“marine pollutant” means a substance which presents a hazard to the marine environment and is identified in the IMDG Code as a marine pollutant;
“Merchant Shipping Notice” means a Notice described as such, issued by the Department of Transport and any reference to a particular Merchant Shipping Notice includes a reference to any Merchant Shipping Notice amending or replacing it which specifies the date on which such subsequent Notice takes effect and which the Secretary of State considers relevant from time to time;
“package” means an individual package or receptacle described in the IMDG Code and includes a freight container or a portable tank or tank container or tank vehicle or other vehicle or other cargo transport unit containing dangerous goods or marine pollutants for shipment, and “packaged” shall be construed accordingly;
“packaged goods” means packaged dangerous goods or packaged marine pollutants;
“shipper” means a person who, whether as principal or agent for another, consigns for carriage by sea dangerous goods or marine pollutants;
“shipowner” includes:
where the ship is chartered by demise, the demise charterer
where the ship is managed by a ship management company, the manager;
“UN number” means the number allocated to the dangerous substance or article by the United Nations Committee of Experts on the Transport of Dangerous Goods specified in the sixth revised edition of their publication “Recommendations on the Transport of Dangerous Goods” published in 1989 by the United Nations Organization;
“United Kingdom Ship” has the same meaning as in section 21(2) of the Merchant Shipping Act 1979.
4
Any reference in these Regulations to the Bulk Cargoes Code, the BCH Code, the Gas Carrier Code, the Gas Carrier Code for Existing Ships, the IMDG Code, the IBC Code, the IGC Code or the United Nations publication entitled “Recommendations on the Safe Transport of Dangerous Goods” shall include a reference to any document amending that publication which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice.
5
Where these Regulations require the carriage of dangerous goods or marine pollutants to be in accordance with a Code referred to in paragraph (4) above, and the Secretary of State has specified in Merchant Shipping Notices M1435, M1436 or M1437 conditions in relation to such carriage then (whether or not the Code contains conditions on such matters) the Code shall have effect for the purpose of these Regulations as if it contains the conditions so specified by the Secretary of State. “Carriage” in this paragraph includes packing, documentation, packaging, marking, labelling, stowage, segregation and handling.
6
The Secretary of State may grant exemptions from all or any of the provisions of these Regulations (as may be specified in the exemption) for classes or cases or individual cases on such terms (if any) as he may so specify and may, subject to giving reasonable notice, alter or cancel any such exemption.
7
The Dangerous Substance in Harbour Areas Regulations 1987 are hereby amended as follows:
a
in regulation 2(1) in sub-paragraph (a)(1) of the definition of “classification”, and in regulation 25(2)(e), for “the Merchant Shipping (Dangerous Goods) Regulations 1981” there shall be substituted “the Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1990”;
b
in regulation 2(1), in the definition of “the IMDG Code”, for “regulation 1(2) of the Merchant Shipping (Dangerous Goods) Regulations 1981” there shall be substituted “regulation 1(3) of the Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1990”;
c
in regulation 3(1), for “regulation 1(2) of the Merchant Shipping (Dangerous Goods) Regulations 1981” there shall be substituted “regulation 1(3) of the Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1990; except that nothing in those Regulations shall be construed as defining a marine pollutant in Class 9 of the IMDG Code under UN number 3077 or 3082 or any substance otherwise included in Class 9 of the IMDG Code solely by reason of its being a marine pollutant, as a dangerous substance for the purpose of these Regulations.”.
Application
2
1
These Regulations apply to ships carrying dangerous goods in bulk or packaged form and marine pollutants in packaged form.
2
These Regulations apply to United Kingdom ships wherever they may be and to other ships while they are within the United Kingdom or the territorial waters thereof.
General duties of shipowners and employers
3
1
It shall be the duty of every shipowner and employer of persons aboard a ship and every master of a ship to ensure, so far as is reasonably practicable, that when dangerous goods are being handled, stowed or carried on the ship nothing in the manner in which those goods are handled, stowed or carried as the case may be is such as might create a risk to the health or safety of any person.
2
Without prejudice to the generality of the shipowner’s or employer’s or master’s duty under paragraph (1) above: —
a
the matters to which the duty of the shipowner and of the employer extends shall include in particular:
i
the provision and maintenance of ship’s structure, fittings and equipment for the handling, stowage and carriage of dangerous goods which is, so far as reasonably practicable, safe and without risk to health;
ii
the provision of such information, instruction, training and supervision as is necessary to ensure, so far as reasonably practicable, the health and safety aboard ship of all employees in connection with the handling, stowage and carriage of dangerous goods in the ship; and
b
the duty of a master of a ship registered outside the United Kingdom shall include the matters specified in sub-paragraphs (2)(a)(i) and (ii).
3
If a shipowner or employer or master fails to comply with any of the provisions of this regulation he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level five on the standard scale.
4
It shall be a good defence to a charge under this regulation in relation to the handling of dangerous goods that such handling was carried out in accordance with the Code of Practice at annex 1 to the Merchant Shipping Notice M1213.
General duties of employees aboard ship
4
1
It shall be the duty of every employee aboard ship:
a
to take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions in connection with the handling, stowage and carriage of dangerous goods in the ship; and
b
as regards any duty or requirement imposed on his shipowner or employer by the Merchant Shipping Acts 1894 to 1988 or any regulation or rule made thereunder with regard to the health and safety of persons aboard a ship to which these Regulations apply to cooperate with the shipowner or employer so far as is necessary to enable that duty or requirement to be performed or complied with in connection with the handling, stowage and carriage of dangerous goods in the ship.
2
If any employee aboard a ship carrying dangerous goods fails to comply with any of the provisions of this regulation he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level three on the standard scale.
Misconduct endangering the ship or persons aboard ship
5
1
In connection with the handling, stowage and carriage of dangerous goods in the ship, no person shall intentionally or recklessly interfere with or misuse anything provided on, or disobey instructions displayed on, a United Kingdom ship in the interests of health or safety in pursuance of the Merchant Shipping Acts 1894 to 1988 or any regulation or rule made thereunder.
2
If any person in a ship carrying dangerous goods fails to comply with any of the provisions of this regulation he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level four on the standard scale.
Onus of proving what is reasonably practicable
6
In any proceedings for an offence under this Part of these Regulations consisting of a failure to comply with a duty or requirement to do something so far as is reasonably practicable, it shall be for the accused to prove that it was not reasonably practicable to do more than was in fact done to satisfy the duty or requirement.
PART II
Carriage of Packaged Goods
Documentation
7
1
a
No packaged goods shall be offered for carriage or taken on board any ship unless a dangerous goods declaration or a marine pollutants declaration as appropriate has been furnished to the shipowner or master.
b
Where goods are both dangerous and a marine pollutant, the dangerous goods declaration and the marine pollutant declaration may be a combined document.
2
Such declaration shall indicate the correct technical name followed by the words MARINE POLLUTANT where appropriate, the UN number (where one exists) and in the case of dangerous goods shall indicate to which of the following classes the goods belong:
Class 1 — Explosives.
Class 2 — Gases compressed, liquefied or dissolved under pressure, subdivided into three categories:
Class 2.1 Flammable gases;
Class 2.2 Non-flammable gases, being compressed, liquefied or dissolved but neither flammable nor poisonous;
Class 2.3 Poisonous gases.
Class 3 — Flammable liquids, subdivided into three categories:
Class 3.1 Low flashpoint group of liquids having a flashpoint below −618 degrees Celsius, closed cup test;
Class 3.2 Intermediate flashpoint group of liquids having a flashpoint of −618 degrees Celsius up to, but not including, 23 degrees Celsius, closed cup test;
Class 3.3 High flashpoint group of liquids having a flashpoint of 23 degrees Celsius up to and including 61 degrees Celsius, closed cup test.
Class 4.1 — Flammable solids.
Class 4.2 — Substances liable to spontaneous combustion.
Class 4.3 — Substances which in contact with water emit flammable gases.
Class 5.1 — Oxidising substances (agents).
Class 5.2 — Organic peroxides.
Class 6.1 — Poisonous (toxic) substances.
Class 6.2 — Infectious substances.
Class 7 — Radioactive materials.
Class 8 — Corrosives.
Class 9 — Miscellaneous dangerous substances and articles which present a danger not covered by other classes.
3
Such declaration shall include the following information where appropriate:
a
the number and type of packages;
b
the total quantity of packaged goods covered by the declaration (gross Mass or Volume);
c
other information required by the IMDG Code.
4
The declaration shall include a statement that the goods are packaged in accordance with these regulations.
5
It shall be the duty of the shipper to furnish the shipowner or master with the declaration required by this regulation, unless he does not deliver the goods to the ship or its agent. In such case it shall be the duty of the shipper to furnish the forwarder with such declaration.
6
In the case that the shipper does not deliver the goods to the ship or its agent it shall be the duty of the forwarder to furnish the shipowner or master with the declaration.
7
If a shipper or a forwarder fails to furnish a declaration as required by this regulation, or furnishes a declaration which he knew or ought to have known to be false, he shall be guilty of an offence.
8
If a shipowner or master accepts for carriage, or takes or receives on board any packaged goods for which a declaration which is required by this regulation has not been furnished, he shall be guilty of an offence.
Packing Certificates
8
1
Where packaged goods have been packed into a freight container or in to or on to a vehicle, the person responsible for packing such goods therein shall furnish the shipowner or master of the ship with a signed packing certificate in accordance with the requirements of the IMDG Code.
2
If the person responsible for packing such goods fails to furnish the owner or the master of the ship with a signed packing certificate he shall be guilty of an offence.
3
A shipowner or his agent or the master shall not take on board a ship any freight container or vehicle with such goods in it without a signed packing certificate unless he has satisfied himself otherwise that the freight container or vehicle has been packed in accordance with the IMDG Code. If a shipowner or his agent or the master fails to comply with the provisions of this paragraph he shall be guilty of an offence.
List, manifest or stowage plan
9
1
The master of a ship carrying packaged goods shall cause a special list, manifest or stowage plan to be carried in the ship: —
a
setting out details, obtained from the shipping documents submitted by the shipper, of the packaged goods on board including the correct technical name of the goods, their classification in accordance with the regulation 7(2) and their mass or volume; and
b
showing details of the location in the ship where the goods are stowed.
2
The information required by paragraph (1) may be contained in one combined list, manifest or stowage plan relating to both packaged dangerous goods and packaged marine pollutants, or in two such lists, manifests or stowage plans, one relating to dangerous goods and the other to marine pollutants. Where a combined document is used it shall show clearly which goods are dangerous goods and which are marine pollutants.
3
a
Before a ship carrying marine pollutants departs from a port, the shipowner and master shall arrange for a copy of any such list, manifest or stowage plan of marine pollutants to be kept on shore and it shall be the duty of the shipowner to retain it there until the goods are discharged from the ship or for a period of six months from loading in the case of such goods not being discharged within that time.
b
Any person duly authorised by the Secretary of State shall be furnished on request with a copy of any list, manifest or stowage plan referred to in sub-paragraph (a) of this paragraph for retention by him or otherwise as he may specify.
4
The master shall also carry in the ship any additional special documents where required by the IMDG Code for the carriage of packaged dangerous goods.
5
Any such list, manifest or stowage plan and any additional special documents required for the acceptance of such goods for carriage in the ship shall be kept available for reference or inspection on board the ship until the goods have been discharged from the ship.
6
If the master of a ship carrying packaged goods fails to cause a list, manifest or stowage plan or additional special documents to be carried in the ship or kept available as required by paragraph (5) of this regulation, he shall be guilty of an offence.
7
If there is any breach of paragraph (3) of this regulation the shipowner and master shall each be guilty of an offence.
Packaging of dangerous goods and marine pollutants
10
1
The packaging of packaged goods shall be in accordance with the IMDG Code. Such packaging shall, if required by the IMDG Code, be performance tested as specified in the Code.
2
Packaged goods shall not be taken on board any ship for carriage in that ship if the shipowner or master knows or ought to know that the goods are not packaged in such a manner as to withstand the ordinary risk of carriage by sea.
3
If the shipowner or master or the shipper of such goods fails to comply with the provisions of this regulation he shall be guilty of an offence.
Marking and Labelling
11
1
Dangerous goods or marine pollutants which are contained in a package shall not be taken on board a ship for carriage in that ship unless the conditions in this Regulation are satisfied.
2
a
Packages containing dangerous goods or marine pollutants shall be durably marked in accordance with the IMDG Code.
b
Packages containing dangerous goods shall be provided with labels or stencils of labels or placards where specified in the IMDG Code.
c
The method of marking the correct technical name and of affixing labels or applying stencils of labels or placards or marine pollutants marks as appropriate, on packages containing dangerous goods or marine pollutants shall be such that the information marked, affixed or applied will remain legible after the package has been immersed for three months in the sea or if the package itself disintegrates before the end of that period, for as long as the package will last. Where the outer material of the package is such that it will not survive at least three months' immersion in the sea, any inner receptacles which will survive such immersion shall be durably marked with an indication of the nature of the danger to which the goods give rise, which indication may be given by any suitable means including (but not restricted to) an IMDG Code Class symbol or marine pollutant mark, or both of an appropriate size.
d
Without prejudice to the above requirements, where the goods are contained in a freight container, vehicle, portable tank or tank container, the cargo transport unit in which the goods are contained shall bear conspicuously on its exterior distinctive placards or other appropriate marking, in accordance with the IMDG Code.
3
Any breach of the requirement of this regulation relating to the marking, labelling or placarding of packaged goods shall be an offence on the part of the shipper of those goods.
4
If a shipowner or master accepts dangerous goods or marine pollutants to be taken on board a ship in any package which has not been marked and labelled, or placarded as provided for in this regulation he shall be guilty of an offence.
Stowage
12
1
Packaged goods shall be stowed, segregated and secured in accordance with the IMDG Code.
2
Where packaged goods are shipped in or on a vehicle or freight container which was loaded after those goods left the premises or control of the shipper it shall be the duty of the person responsible for loading that vehicle or freight container to ensure that the stowage, segregation, and securing of those goods in the vehicle or freight container is adequate and is in accordance with the IMDG Code.
3
If a shipowner or master or the person responsible for packing goods in a freight container or vehicle or for stowing the goods in the ship, fails to comply with the provisions of this regulation he shall be guilty of an offence.
Carriage of explosives
13
1
No explosives which the shipowner or master knows or ought to know presents a serious risk when carried in a ship shall be taken on board any ship unless: —
a
such explosives are stowed in a compartment in which any electrical apparatus and cables are so designed and used as to minimise the risk of fire or explosion; and
b
detonators are effectively segregated from all other explosives; and
c
the stowage and segregation of explosives are in accordance with the IMDG Code; and
d
where such explosives are required to be stowed in a magazine, such magazine is kept securely closed while the ship is at sea.
2
If the shipowner or master fails to comply with this regulation he shall be guilty of an offence.
Carriage of packaged dangerous goods in passenger ships
14
1
Stowage and segregation of all packaged dangerous goods carried aboard a passenger ship shall be in accordance with the IMDG Code.
2
Explosives in Class 1, division 1.4, compatibility group S may be carried in any amount in passenger ships. No other explosives may be carried in a passenger ship with more than 12 passengers except any one of the following: —
a
explosive articles for life-saving purposes, if the total net explosives mass of such articles does not exceed 50 kg per ship; or
b
explosives in compatibility groups C, D and E, if the total net explosives mass does not exceed 10 kg per ship; or
c
explosive articles in compatibility group G other than those requiring special stowage, if the total net explosives mass does not exceed 10 kg per ship; or
d
explosive articles in compatibility group B, if the total net explosives mass does not exceed 5 kg per ship.
2
In this regulation, references to “compatibility groups” and “division” are references to compatibility groups and divisions for explosives indicated in the IMDG Code.
3
If the shipowner or master fails to comply with this regulation he shall be guilty of an offence.
Document of compliance to carry packaged dangerous goods
15
1
No packaged dangerous goods shall be taken on board any ship the keel of which was laid or which was at a similar stage of construction on or after 1st September 1984 unless it has on board a document of compliance, issued by or on behalf of the Secretary of State or the competent authority of the country in which it is registered, that the spaces in which the packaged dangerous goods are to be carried comply with the provisions of regulations 143 of the Merchant Shipping (Fire Protection) Regulations 1984 appropriate to the classification of those goods intended for stowage in or on that space.
2
If the shipowner or the master fails to comply with this regulation, he shall be guilty of an offence.
PART III
Carriage of Dangerous Goods in Bulk
16
1
Dangerous goods shall not be handled or carried in bulk in any ship if the shipowner has any cause to believe that such goods may not be so handled or carried in bulk safely in that ship.
2
Without prejudice to paragraph (1) of this regulation: —
a
where the dangerous goods in question are goods listed in Chapter VI of the BCH Code, or in Chapter 17 of the IBC Code, or in Chapter XIX of the Gas Carrier Code for Existing Ships, or in Chapter XIX of the Gas Carrier Code, or in Chapter 19 of the IGC Code, or are classified dangerous goods listed in Appendix B of the Solid Bulk Cargoes Code, they shall be handled and carried in accordance with the requirements of whichever of the Codes is appropriate; or
b
where the dangerous goods in question consist of a liquid chemical or a liquefied gas which is not listed in the Codes mentioned in sub-paragraph (a), they shall be handled and carried in accordance with an approval given by the Secretary of State. Any such approval shall be given in writing and shall specify the date on which it takes effect and the conditions (if any) on which it is given.
3
If there is any breach of the requirements of this regulation the shipowner and master shall each be guilty of an offence.
Documentation
17
1
The shipper of any dangerous goods to be carried in bulk shall furnish the shipowner or the master with a notification in writing giving notice of the nature of the goods and, in the case of liquid goods with a flashpoint at or below 60 degrees Celsius (closed cup) specifying the flashpoint of those goods. Such notification shall specify the correct technical name of the goods, their UN number (if any) and, for dangerous goods carried in solid form in bulk, the classification as listed in regulation 7(2) to which those goods belong.
2
If a shipper of dangerous goods in bulk fails to furnish the shipowner or master with such a notification in writing, or furnishes a notification which he knows or ought to have known to be false, he shall be guilty of an offence.
3
The master of a ship carrying any dangerous goods in bulk shall cause a specific list, manifest or stowage plan to be carried in the ship: —
a
setting out details, obtained from the shipping documents submitted by the shipper, of the dangerous goods carried aboard the ship for the voyage on which it is currently engaged including the correct technical name of the goods, their mass or volume, and where the dangerous goods are shown in Appendix B of the Bulk Cargoes Code, the classification in accordance with regulation 7(2); and
b
showing details of the location in the ship where the goods are stowed.
4
The master shall also carry in the ship any additional special documents where required by the Bulk Cargoes Code, the BCH or IBC Codes or the IGC or Gas Carrier Codes for the carriage of dangerous goods.
5
Any such list, manifest or stowage plan and any additional special documents required for the acceptance of such goods for carriage in the ship shall be kept available for reference or inspection on board the ship until the goods have been discharged from the ship.
6
If the master of a ship carrying dangerous goods in bulk fails to cause a list or stowage plan to be carried in the ship or kept available as required by paragraph (5) of this regulation, he shall be guilty of an offence.
PART IV
Enforcement
Power to Detain
18
1
In any case where a ship does not comply with the requirements of these Regulations the ship shall be liable to be detained and section 692(1) to (3) of the Merchant Shipping Act 1894 (which relates to the detention of a ship) shall have effect in relation to the ship, subject to the modification that for the words “this Act”, wherever they appear, there shall be substituted the words “the Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1990”.
Penalties and defences
19
1
A person guilty of an offence under Parts II or III of these Regulations shall be liable on summary conviction to a fine not exceeding the statutory maximum or, on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both.
2
In any proceedings for an offence under Parts II or III these Regulations it shall be a defence for a person to prove that: —
a
all reasonable steps had been taken by him to ensure compliance with the Regulations; or
b
he did not know nor ought to have known nor had reasonable grounds for suspecting the goods to be dangerous goods or marine pollutants as the case may be; or
c
that the goods were handled and carried in accordance with the provisions of the IMDG Code where appropriate; or
d
if the person charged is the shipowner or master, in the case of goods packed in a freight container or vehicle, that before the freight container or vehicle was taken on board the ship the person responsible for packing the goods into the freight container or vehicle had furnished the shipowner or master of the ship with a signed packing certificate certifying that the goods had been properly packed in the freight container or vehicle;
e
the goods being solid dangerous goods in bulk were being handled and carried in accordance with the Bulk Cargoes Code;
f
the goods being liquid chemical or gaseous dangerous goods in bulk such goods were being handled and carried in accordance with the relevant requirements of the BCH Code, the IBC Code, the Gas Carrier Code, the Gas Carrier Code for Existing Ships and the IGC Code;
g
the goods were being carried in accordance with Merchant Shipping Notices M1435, M1436 or M1437 where appropriate.
Offences due to fault of another person
20
1
Where the commission by any person of an offence under Parts I, II or III of 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.
Signed by authority of the Secretary of State for Transport
Patrick McLoughlin
Parliamentary Under Secretary of State,
Department of Transport
19th December 1990