text:
PART I
Citation, commencement and interpretation
1
1
This Order, which supersedes the Land Registration Fees ( No. 2) Order 1990 , may be cited as the Land Registration Fees Order 1991 and shall come into force on 1st November 1991.
2
In this Order unless the context otherwise requires:
“account holder” means a person or firm holding a credit account;
“ the Act ” means the Land Registration Act 1925;
“charge” includes sub-charge;
“credit account” means an account authorised by the Registrar under article 15(1);
“Index Map section” means the document or documents comprising a single section of the Index Maps maintained by the Registrar under rule 8 of the principal rules, and the associated Parcels Index (if any) maintained by the Registrar under rule 274 of the principal rules;
“licensed conveyancer” has the same meaning as in section 11(2) of the Administration of Justice Act 1985 and includes a recognised body within the meaning of section 32(2) of that Act;
“monetary consideration” means a consideration in money or money’s worth (other than a nominal consideration or a consideration consisting solely of a covenant to pay money owing under a mortgage);
“the principal rules” means the Land Registration Rules 1925 ;
“scale fee” means a fee payable in accordance with a scale set out in Schedule 1 or 2;
“Schedule” means a Schedule to this Order;
“share in registered land” means a share in the proceeds of sale of registered land held on trust for sale.
PART II
SCALE AND FIXED FEES; ABATEMENTS AND EXEMPTIONS
Scale fees
2
1
Subject to article 6, the fee for an application for first registration (other than an application by an original lessee referred to in paragraph (2) of this article or an owner of a rentcharge referred to in paragraph (5) of Part I of Schedule 3) shall be paid in accordance with Scale A in Schedule 1 on the value of the land comprised in the application determined in accordance with article 3.
2
Subject to article 6, the fee for an application for the first registration of a title to a lease (whether or not deriving from a registered freehold or leasehold title) by the original lessee or his personal representative shall be paid in accordance with Scale A in Schedule 1 on any monetary consideration given by the lessee as part of the same transaction by way of fine, premium or otherwise and in accordance with Scale B in Schedule 2 on the largest ascertainable amount of annual rent reserved:
Provided that —
where the amount of the rent is not ascertainable at the date of application for registration, the lease shall be treated as having been granted at a rent which attracts a fee of £35 in accordance with Scale B in Schedule 2;
where no monetary consideration is given by the lessee as part of the same transaction by way of fine, premium or otherwise and no annual rent is reserved or the largest ascertainable amount of annual rent reserved is less than £1 a fee of £35 shall be payable.
3
Subject to paragraph (5)(i) and to article 6, the fee for an application for the registration of:
a
a transfer of registered land or of a registered charge for monetary consideration;
b
a transfer for the purpose of giving effect to a disposition for monetary consideration of a share in registered land or in a registered charge;
c
a surrender of a registered lease for monetary consideration (whether effected by deed or otherwise), except where the surrender is consideration or part consideration for the grant of a new lease to the registered proprietor for the registration of which a scale fee is paid;
shall be paid in accordance with Scale A in Schedule 1 on the amount or value of the consideration:
Provided that —
where a sale and sub-sale of land are effected by separate instruments of transfer, a separate fee shall be payable under this paragraph in respect of each transfer;
where a sale and sub-sale are effected by one instrument of transfer, the fee shall be assessed upon the monetary consideration given by the sub-purchaser in respect of that land.
4
The fee for an application in relation to registered land for the registration of:
a
an exchange (whether or not money is paid for equality);
b
a vesting order or declaration made under section 47 of the Act;
shall be paid in accordance with Scale A in Schedule 1 on the value of the land which is the subject of the dealing, determined in accordance with article 4, but after deducting therefrom the amount secured upon the land by any prior charge.
5
Subject to paragraph (7) of Part II of Schedule 4, the fee for an application for the registration of:
a
a transfer of registered land otherwise than for monetary consideration;
b
a transfer for the purpose of giving effect to a disposition otherwise than for monetary consideration of a share in registered land;
c
a surrender of a registered lease (whether effected by deed or otherwise) where the surrender is consideration or part consideration for the grant of a new lease to the registered proprietor for the registration of which a scale fee is paid;
d
a surrender of a registered lease otherwise than for monetary consideration (whether effected by deed or otherwise);
e
a transmission of registered land on death or bankruptcy;
f
an assent of registered land (including a vesting assent);
g
an appropriation of registered land;
h
a rectification of the register;
i
a transfer of a matrimonial home (being registered land) made pursuant to an order of the Court;
shall be paid in accordance with Scale A in Schedule 1, reduced in accordance with Abatement 2 in Part I of Schedule 4, on the value of the land in each registered title which is the subject of the dealing, determined in accordance with article 4, but after deducting therefrom the amount secured upon the land by any prior charge:
Provided that —
in the case of a disposition of a share only in registered land the fee shall be paid in accordance with Scale A in Schedule 1, reduced in accordance with Abatement 2 in Part I of Schedule 4, on the equivalent proportion of the value of the land in each registered title which is the subject of the dealing but after deducting therefrom an equivalent proportion of the amount secured on the land by any prior charge;
where, in the case of rectification of the register, the fee appears to the Registrar to be unreasonable or excessive he may reduce or waive it.
6
Subject to article 6 and paragraph (7) of Part II of Schedule 4, the fee for an application for the registration of:
a
a charge;
b
the transfer of a charge otherwise than for monetary consideration;
c
a transfer for the purpose of giving effect to the disposition otherwise than for monetary consideration of a share in a registered charge;
shall be paid in accordance with Scale A in Schedule 1, reduced where applicable in accordance with Abatement 2 in Part I of Schedule 4, on the amount of the charge determined in accordance with article 5:
Provided that in the case of a disposition of a share only in a registered charge the fee shall be paid in accordance with Scale A in Schedule 1 on the equivalent proportion of the amount of each registered charge which is the subject of the dealing.
7
The fee for an application to cancel an entry in the register of notice of an unregistered lease which has determined on merger, surrender or otherwise shall be paid in accordance with Scale A in Schedule 1 on the value thereof at the time of its determination.
Valuation (first registration)
3
1
In the case of an application by a purchaser for the first registration of title to land made within one year of a sale (other than an exchange, whether or not money is paid for equality, or the sale of a share only in the proceeds of sale of such land) the value of the land shall be taken as the amount of the monetary consideration given together with the amount outstanding at the time of the purchase under any charge or mortgage subject to which the land was purchased.
2
In the case of an application for first registration not falling within paragraph (1), the value of the land shall be ascertained by the Registrar at such sum as in his opinion the land would fetch if sold in the open market at the date of the application free from any charge or mortgage; and as evidence of such value the Registrar may require a statement in writing, signed by the applicant or his solicitor or licensed conveyancer or by any other person who, in the Registrar’s opinion, is competent to make such a statement.
3
Where an application for first registration is made on the purchase of a leasehold estate by the reversioner or of a reversion by the leaseholder or on any other like occasion and determination of an unregistered interest, by way of merger, surrender or otherwise, takes place, the value of the land shall be the combined value of the reversionary and determined interests assessed in accordance with paragraphs (1) and (2).
Valuation (registered land)
4
1
Where the value of the land in a registered title falls to be determined under this Order it shall be ascertained by the Registrar at such sum as in his opinion the land would fetch if sold in the open market free from any charge or mortgage:
a
in the case of a surrender at a date immediately prior to the surrender;
b
in any other case at the date of the application.
2
As evidence of such value the Registrar may require a statement in writing, signed by the applicant or his solicitor or licensed conveyancer or by any other person who, in the Registrar’s opinion, is competent to make such a statement.
Valuation (charges)
5
1
Subject to paragraph (5), where the amount of a charge falls to be determined under this Order it shall be taken to be:
a
in the case of a fixed charge, the amount secured by the charge;
b
in the case of a charge to secure further advances, where the total amount of the advances or of the money to be owing at any one time is in any way limited, the amount so limited;
c
in the case of a charge to secure further advances, where the total amount of the advances or of the money to be owing at any one time is in no way limited, an amount equal to the value of the registered land comprised in the charge after deducting therefrom the amount secured on it by any prior registered charge.
2
Where a charge of a kind referred to in paragraph (1)(a) or (1)(b) is secured on unregistered land or other property as well as on registered land, the fee in accordance with article 2(6) shall be payable on an amount calculated in accordance with the following formula:
Value of registered land Value of whole security × Amount of the charge
3
The fee in accordance with Scale A in Schedule 1 for the registration of a charge by way of additional or substituted security or by way of guarantee shall be payable on the lesser of:
a
the amount secured or guaranteed; or
b
the value of the land after deducting the amount secured on the land by any prior registered charge.
4
The fee in accordance with Scale A in Schedule 1 for the registration of a charge (not falling within paragraph (3)) to secure an obligation or liability which is contingent upon the happening of a future event shall be payable on the value of the land after deducting the amount secured on the land by any prior registered charge:
Provided that if the maximum amount or value of the obligation or liability which may arise is in any way limited under the charge and is capable of being ascertained at the time of the application to register the charge then the fee shall be payable on that amount or value, if less than the value of the land after deducting the amount secured on the land by any prior registered charge.
5
For the purpose of this Order, where two or more charges are contained in the same instrument and secure the same debt, the chargor, or each of the several chargors if more than one, shall be treated as having effected a single charge the amount of which is equal to the lesser of:
a
the whole debt; or
b
the value of the registered land charged by the chargor after deducting therefrom the amount secured on it by any prior registered charge.
Large scale applications
6
1
In this article:
a
“large scale application” means an application to which this article applies and which relates to not fewer than 20 units of land as defined in sub-paragraph (b); and
b
“unit of land” means:
i
where the land is unregistered, a separate area of land not adjoining any other unregistered land comprised in the same application;
ii
where the land is registered, the land registered under a single title number.
2
This article applies to applications for:
a
first registration of title to land;
b
first registration of title to a lease;
c
registration of a transfer of registered land for monetary consideration;
d
registration of a transfer of a registered charge for monetary consideration;
e
registration of a transfer for the purpose of giving effect to the disposition for monetary consideration of a share in registered land or a share in a registered charge;
f
registration of a charge.
3
The fee for a large scale application shall be:
a
£20 in respect of each unit of land to which the application relates; or
b
the amount payable in respect of the application under article 2;
whichever is the greater.
Fixed fees
7
1
Subject to paragraphs (3) and (4), the fees for the applications and services specified in Schedule 3 shall be those set out in that schedule.
2
The fee for an application in Form 112A or Form 112B in Schedule 1 to the Land Registration (Open Register) Rules 1990 shall be the aggregate of the fees payable for the services provided, save that the maximum fee for any one application shall be £175.
3
The Registrar may, if he thinks fit, waive any fee or part of a fee or any category of fee payable under this article.
4
If, having regard to the extent of the land to which an application for a search of the Index Map relates, the Registrar considers that the cost of the work involved in dealing with that application would substantially exceed any fee otherwise payable under this Order, such additional fee shall be payable as the Registrar shall direct as appropriate to cover the excess cost of the work involved.
5
Notification of the additional fee shall be given to the applicant and, if he then elects to withdraw his application, no fee shall be payable.
Abatements and exemptions
8
1
The abatements set out in Part I of Schedule 4 shall apply in respect of the applications therein mentioned.
2
No fee shall be payable in respect of any of the applications and services specified in Part II of Schedule 4.
PART III
GENERAL AND ADMINISTRATIVE PROVISIONS
Refund of fees
9
1
Where an amount exceeding the prescribed fee has been paid, there shall be refunded any excess remaining after the deduction, if the Registrar so directs, of an amount not exceeding £10 in respect of the cost of repayment.
2
Where the person or firm lodging the application is an account holder, any amount to be refunded under paragraph (1) may at the discretion of the Registrar be repaid to the account holder by crediting the amount to the account holder’s credit account.
3
Subject to article 7(5), if any application is cancelled or withdrawn no part of the fee therefor shall be refunded unless the Registrar so directs.
Cost of advertisements and special enquiries
10
If in the course of dealing with any application, the Registrar directs publication of an advertisement or any other special enquiry, the costs so incurred shall be defrayed by the applicant unless the Registrar directs to the contrary.
Fixed boundaries
11
Where application is made for the boundaries of land to be noted on the register as fixed under rule 277 of the principal rules such fee shall be charged as the Registrar may consider necessary to cover the cost of any examination of title, enquiries, mapping, surveying, notices or other work involved.
Special expedition
12
Where application for special expedition in connection with an application is granted, such further fee, being not less than £35, shall be payable as the Registrar shall direct having regard to the special work involved.
Applications not otherwise referred to
13
Upon an application for which no other fee is payable under this Order and which is not exempt from payment, there shall be paid such fee (if any) not exceeding a fee in accordance with Scale A in Schedule 1 on the value of the land or on the amount of the charge as the Registrar shall direct having regard to the work involved.
Method of payment
14
Subject to article 15:
a
every fee shall be paid by means of a cheque or postal order crossed and made payable to H.M. Land Registry;
b
where the amount of the fee payable on an application is immediately ascertainable, the fee shall be payable on delivery of the application;
c
where the amount of the fee payable on an application is not immediately ascertainable, on delivery of the application there shall be paid on account of the fee such sum, being not less than the minimum fee payable in accordance with Scale A in Schedule 1, as the applicant may reasonably estimate to be the fee payable and there shall be lodged therewith an undertaking to pay on demand the balance of the fee due, if any.
Credit accounts
15
1
Any person or firm may, if authorised by the Registrar, use a credit account in accordance with this article for the purpose of the payment of fees for applications and services of such kind as the Registrar shall from time to time direct.
2
Where an account holder makes an application in respect of which credit facilities are available, he may make a request, in such manner as the Registrar shall direct, for the appropriate fee to be debited to the account holder’s credit account.
3
Where a person or firm having a credit account makes a written application in respect of which credit facilities are available but which is not accompanied by any fee and does not contain a request for the fee to be debited to such account, the Registrar may, if he thinks fit, nevertheless accept the application and debit the fee to that person’s or that firm’s account.
4
A statement of account shall be sent by the Registrar to each account holder at the end of each calendar month or such other period as the Registrar shall direct either in any particular case or generally.
5
On receipt of the statement and if no question arises thereon the account holder shall pay by cheque any sum due on his account forthwith.
6
Cheques shall be crossed and made payable to H.M. Land Registry and sent to the Accounts Section, H.M. Land Registry, Burrington Way, Plymouth PL5 3LP or at such other address as the Registrar shall direct.
7
The Registrar may at any time and without giving reasons terminate or suspend any or all authorisations given under paragraph (1).
Mackay of Clashfern, C.
Dated 24th July 1991
We concur
Tony Favell
Sydney Chapman
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 25th July 1991


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Milton Keynes General National Health Service Trust (Establishment) Order 1991 and shall come into force on 1st November 1991.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 1st November 1991;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Milton Keynes General 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 Milton Keynes General 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 provided at Milton Keynes General Hospital, Standing Way, Milton Keynes, MK6 5LD and associated hospitals and premises.
Directors of the trust
4
The trust shall have, in addition to the chairman 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1 April 1992.
2
The accounting date of the trust shall be 31 March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the 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 to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Milton Keynes 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 Milton Keynes 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 Milton Keynes 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
21st October 1991


text: 1 The new highways which the Secretary of State proposes to construct along the route described in Schedule 1 (the highways along this route being in this Order referred to as “the new trunk roads)” shall become trunk roads as from the date when this Order comes into force. 2 The centre line of each of the new trunk roads is indicated by a heavy black line on the deposited plan. 3 The Secretary of State directs as repects any part of a highway which crosses the route of any of the new trunk roads that — a where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and b where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question, until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. That date will not be latter than the date on which the new trunk roads are open for the purpose of through traffic. 4 The lengths of highways described in Part I of Schedule 2 shall become a trunk road as from the date on which this Order comes into force. 5 The length of highway described in Part II of Schedule 2 shall become a trunk road as from a date to be specified in a notice to be given by the Secretary of State to the Cheshire County Council. The date specified will not be later than the date on which he has, pursuant to the side roads orders, carried out works of improvement to that length of highway and the length is open for through traffic. 6 In this Order a all measurements of distance are measured along the route of the relevant highway; b “the deposited plan” means the plan numbered HA 10/1 CNW311 marked “The Rainhill Stoops to Queensway Trunk Road (A568 Widnes Eastern Bypass Southern Extension) Order 1991”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY; c “the side road orders” means the orders entitled “The Rainhill Stoops to Queensway Trunk Road (A568 Widnes Eastern Bypass) (Side Roads) Order 1991 and the Rainhill Stoops to Queensway Trunk Road (A568 Widnes Eastern Bypass Southern Extension) (Side Roads) Order 1991”, each signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London; d a reference to a Schedule followed by a number is a reference to the Schedule to this Order which bears that number. 7 This Order shall come into force on 12th December 1991 and may be cited as the Rainhill Stoops to Queensway Trunk Road (A568 Widnes Eastern Bypass Southern Extension) Order 1991. Signed by authority of the Secretary of State for Transport D.C. Renshaw Regional Director, North West Region, Department of Transport 20th November 1991


text:
1
This Order may be cited as the British Technology Group Act 1991 (Nominated Company) Order 1991.
2
The company nominated for the purposes of section 1 of the British Technology Group Act 1991 is British Technology Group PLC (registered number 2664412).
Peter Lilley
Secretary of State for Trade and Industry
2nd December 1991


text:
Title, commencement and interpretation
1
1
These regulations may be cited as the Fertilisers (Sampling and Analysis) Regulations 1991 and shall come into force on 20th May 1991.
2
In these Regulations, unless the context otherwise requires, “ the Act ” means the Agriculture Act 1970.
3
Any reference in these Regulations to a numbered regulation or schedule shall, unless the context otherwise requires, be construed as a reference to the regulation or schedule bearing that number in these Regulations.
4
Any reference in these Regulations to a numbered section shall, unless the reference is to a section of a specified Act, be construed as a reference to the section bearing that number in the Act.
Prescribed amount for the purposes of the definition of sampled portion
2
1
The prescribed amount of material for the purposes of the definition of sampled portion in section 66(1) shall be determined in accordance with the provisions of this regulation.
2
In relation to solid fertiliser in a single container, the prescribed amount shall be the contents of the container.
3
In relation to solid fertiliser in more than one container —
a
if all the containers together hold less than 5 tonnes, the prescribed amount shall be the contents of all the containers;
b
if each container holds at least 5 tonnes, the prescribed amount shall be the contents of any one of the containers; and
c
in a case where neither sub-paragraph (a) or (b) above applies, the prescribed amount shall be the contents of a number of the containers together holding at least 5 tonnes.
4
In relation to solid fertiliser which is loose in a single heap or bay, the prescribed amount shall be the contents of the heap or bay.
5
In relation to solid fertiliser which is loose in more than one heap or bay —
a
if all the heaps and bays together hold less than 5 tonnes, the prescribed amount shall be the contents of all the heaps and bays;
b
if each heap and bay holds at least 5 tonnes, the prescribed amount shall be the contents of any one of the heaps or bays; and
c
in a case where neither sub-paragraph (a) nor (b) above applies, the prescribed amount shall be the contents of a number of the heaps or bays together holding at least 5 tonnes.
6
In relation to fluid fertiliser in a single container, the prescribed amount shall be the contents of the container.
7
In relation to fluid fertiliser in more than one container —
a
if all the containers together hold less than 5,000 litres, the prescribed amount shall be the contents of all the containers;
b
if each container holds at least 5,000 litres, the prescribed amount shall be the contents of any one of the containers; and
c
in a case where neither sub-paragraph (a) nor (b) above applies, the prescribed amount shall be the contents of a number of the containers together holding at least 5,000 litres.
Manner of taking, marking, sealing and fastening up of samples
3
The manner in which samples are to be taken, marked, seled and fastened up in cases where under Part IV of the Act they are taken in the prescribed manner shall be as set out in Schedule 1.
Methods of sending part of a sample
4
Any part of a sample required to be sent to any person in pursuance of subsection (1)(b) or (2) of section 77 shall be sent by registered post or by the recorded delivery service or delivered or given by hand.
Qualifications of agricultural analysts and deputy agricultural analysts
5
The prescribed qualifications for an agricultural analyst or a deputy agricultural analyst for the purposes of section 67(5) and for the purposes of these Regulations are that he shall possess a Mastership in Chemical Analysis awarded by the Royal Society Chemistry or be a Chartered Chemist, being a Fellow or a Member of the Royal Society of Chemistry, and that his practical experience of the analysis and examination of fertilisers shall be attested by another agricultural analyst or deputy agricultural analyst appointed under section 67(3) of the Act or in accordance with section 11 of the Fertilisers and Feeding Stuffs Act 1926 .
Application of the methods of analysis
6
1
The methods by which analysis of fertilisers shall be made for the purposes of the Act shall be those set out in Schedule 2 in accordance with the following provisions of this regulation.
2
Analytical constitutents of materials listed in Groups 1(a), 2(a) and 3(a) of Section A, Groups 1 to 4 of Section B and Groups 1(a), 1(b) and 2 of Section C of the table in Schedule 1 to the Fertilisers Regulations 1990 shall be determined by the appropriate methods of analysis prescribed in Part I of Schedule 2.
3
Subject to paragraph (4) below, analytical constitutents of any materials, other than those referred to in paragraph (2) of this regulation, shall be determined by the appropriate methods of analysis prescribed in Part 2 of Schedule 2, save that the total amount of phosphorus pentoxide and the amount of phosphorus pentoxide soluble in 2% formic acid shall in all cases be determined by the methods prescribed in Part I of Schedule 2.
4
In the case of “Basic slag medium concentration” and “Granular basic slag” in Group 2(b) of section A of the said table, fineness shall be determined by the method prescribed in Part I of Schedule 2.
Form of certificate of analysis
7
The certificate of an agricultural analyst of the analysis shall be in the form set out in Schedule 3.
Modification of the Agriculture Act 1970
8
In relation to any material to which these Regulations apply the operation of the provisions of sections 66(1) and 76(5) shall be modified as follows: —
a
in the definition of “sampled portion” in section 66(1) for the words “five tons or 1,000 gallons or the prescribed metric substitution” there shall be substituted the words “five tonnes or 5,000 litres”.
b
in section 76(5), for the words “fourteen pounds or the prescribed metric substitution” there shall be substituted the words “six kilograms”,
Revocations
9
The Fertilisers (Sampling and Analysis) Regulations 1978 and the Fertilisers (Sampling and Analysis) (Amendment) Regulations 1980 are hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
26th March 1991.
Strathclyde
Parliamentary Under Secretary of State, Scottish Office
27th March 1991
David Hunt
Secretary of State for Wales
25th March 1991


text:
Title and commencement
1
These Regulations may be cited as the Food (Miscellaneous Revocations) Regulations 1991 and shall come into force on 1st July 1991.
Revocations
2
1
Subject to paragraph (2) below the Orders and Regulations specified in columns 1 and 2 of the Schedule to these Regulations are hereby revoked to the extent specified in relation thereto in column 3 of that Schedule.
2
Insofar as any provision revoked by paragraph (1) above has effect in Northern Ireland, the revocation of that provision shall not extend to Northern Ireland.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 20th May 1991.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Stephen Dorrell
Parliamentary Under-Secretary of State for Health
20th May 1991
Strathclyde
Parliamentary Under-Secretary of State, Scottish Office
16th May 1991
David Hunt
Secretary of State for Wales
17th May 1991


text:
1
This Order may be cited as the Criminal Justice (International Co-operation) Act 1990 (Commencement No. 2) Order 1991.
2
The following provisions of the Criminal Justice (International Co-operation) Act 1990 shall come into force on 23rd September 1991:
Part III (drug trafficking money imported or exported in cash), so far as not already in force;
Section 30(2) (payment of forfeited sums into the Consolidated Fund).
Kenneth Baker
One of Her Majesty’s Principal Secretaries of State
Home Office
19th September 1991


text:
This Order may be cited as the Nurses, Midwives and Health Visitors (Registration) Modification Rules Approval Order 1991 and shall come into force on 1st February 1991.
William Waldegrave
One of Her Majesty’s Principal Secretaries of State
30th January 1991


text:
Citation, application and commencement
1
1
These Regulations may be cited as the Environmental Protection (Amendment of Regulations) Regulations 1991.
2
These Regulations shall come into force in England and Wales on 1st April 1991 and in Scotland on 1st April 1992.
Amendment of regulations
2
1
The Environmental Protection (Prescribed Processes and Substances) Regulations 1991 shall be amended as follows.
2
In paragraphs 5, 13, 19 and 26 of Schedule 3 to those Regulations for “the date on which the application is first granted or refused” substitute “the determination date for that process”.
3
For paragraph 8 of Schedule 3 to those Regulations substitute —
8
In this Part and subsequent provisions of this Schedule —
“the determination date” for a prescribed process is —
in the case of a process for which an authorisation is granted, the date on which the enforcing authority grants it, whether in pursuance of the application or, on an appeal, of a direction to grant it;
in the case of a process for which an authorisation is refused, the date of the refusal or, on an appeal, of the affirmation of the refusal;
“substantial change” has the same meaning as in section 10 of the Act.
.
3
The Environmental Protection (Applications, Appeals and Registers) Regulations 1991 shall be amended as follows —
a
in regulation 3(6), omit “to an enforcing authority” in the second place where those words occur;
b
in regulation 5(4), for “paragraph” substitute “regulation”.
Michael Heseltine
Secretary of State for the Environment
26th March 1991
David Hunt
Secretary of State for Wales
26th March 1991
James Douglas-Hamilton
Parliamentary Under Secretary of State, Scottish Office
26th March 1991


text:
1
This Order shall come into force on 1st August 1991 and may be cited as the Reciprocal Enforcement of Foreign Judgments (Canada) (Amendment) Order 1991.
2
The Reciprocal Enforcement of Foreign Judgments (Canada) Order 1987 shall be amended by adding in article 3 (which names the Canadian courts, including the courts of Provinces, which are to be recognised courts for the purposes of Part I of the Foreign Judgments (Reciprocal Enforcement) Act 1933) after “New Brunswick”, the word, “Newfoundland”.
G. I. de Deney
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
These Rules may be cited as the Rules of the Supreme Court (Amendment No. 4) 1991 and shall come into force on 1st February 1992, except for —
a
rules 4 and 5 which shall come into force on 23rd December 1991, and
b
rules 8 and 11 which shall come into force on 1st March 1992.
2
In these Rules, an Order referred to by number means the Order so numbered in the Rules of the Supreme Court 1965 and a reference to Appendix A is a reference to Appendix A to those Rules.
References to imperial measurements
2
In the Table in Order 39, rule 19(1), for “3 miles” there shall be substituted, in each place, “5 kilometres”.
3
In Order 66, rule 1(1), for “1½ inches” there shall be substituted “3½ centimetres”.
Closing of court offices
4
For Order 64, rule 7(1)(c), there shall be substituted the following —
c
Christmas Eve or —
i
if that day is a Saturday, then 23rd December,
ii
if that day is a Sunday, then 22nd December,
.
5
Rule 4 shall not apply to the Royal Courts of Justice until 24th December 1992.
Appointment of guardian of a child’s estate
6
After Order 80, rule 12, there shall be inserted the following new rule —
Appointment of guardian of child’s estate
13
1
In any of the circumstances described in paragraph (2)(a) to (e) the Court may appoint the Official Solicitor to be a guardian of the estate of a child provided that —
a
the appointment is to subsist only until the child reaches the age of eighteen, and
b
the consent of the persons with paternal responsibility for the child (within the meaning of section 3 to the Children Act 1989 ) —
i
has been signified to the Court, or
ii
in the opinion of the Court, cannot be obtained or may be dispensed with.
2
The circumstances referred to in paragraph (1) are:
a
where money is paid into court on behalf of the child in accordance with directions given under rule 12(2) (Control of money recovered by person under disability);
b
where the Criminal Injuries Compensation Board notifies the Court that it has made or intends to make an award to the child either under section 111 of the Criminal Justice Act 1988 or otherwise;
c
where a court or tribunal outside England and Wales notifies the Court that it has ordered or intends to order that money be paid to the child;
d
where the child is absolutely entitled to proceeds of a pension fund;
e
where such an appointment seems desirable to the Court.
.
Statements in open court
7
After Order 82, rule 5(2) there shall be added the following new paragraph —
3
A Judge in Chambers may approve a statement under paragraph (1) or (2) which refers not only to a cause of action mentioned in those paragraphs but also to any other cause of action joined thereto.
.
Miscellaneous amendments
8
In Order 18, rule 13 —
a
in paragraphs (1) and (3), the words “Subject to paragraph (4)”, and
b
paragraph (4),
shall be omitted.
9
In Order 88, rule 3 —
a
in paragraph (3)(b) the words “and, if so, whether the net annual value for rating of the property exceeds £1,000” and
b
paragraph 4,
shall be omitted.
10
In Appendix A, Form Nos. 107, 108 and 113 to 115 shall be omitted.
11
Paragraph 10 of Form No. 110 in Appendix Ashall be amended —
a
by substituting, for the words “suspended and that”, the words “suspended, that”, and
b
by inserting after the words “not expired”, the words “and that the judgement is accordingly enforceable”.
Mackay of Clashfern, C.,
Lane, C.J.,
Donaldson of Lymington, M.R.,
Stephen Brown, P.,
Donald Nicholls, V-C.,
Leggatt, L.J.,
Millett, J.,
Phillips, J.,
Hugh Bennett,
Jules Sher,
C. B. Chandler.
Dated 21st November 1991


text:
1
This Order may be cited as the Public Telecommunication System Designation (Britannia Cablesystems Teesside Limited) Order 1991 and shall come into force on 17th April 1991.
2
Each of the Applicable Cabled Systems is hereby designated as a public telecommunication system.
John Redwood
Minister of State,
Department of Trade and Industry
18th March 1991


text:
Citation and commencement
1
This Order may be cited as the Banking Act 1987 (Exempt Persons) Order 1991 and shall come into force on 26th December 1991.
Exemption
2
Schedule 2 to the Banking Act 1987 shall be amended by the addition of the following new entry after the entry numbered “10”–
10A
1
Keesler Federal Credit Union.
2
This paragraph applies only to the acceptance of deposits made by members, or dependants of members, of a visiting force of the United States of America, or by members, or dependants of members, of a civilian component of such a force, where “member”, “dependant”, “visiting force” and “member of a civilian component” have the meanings given to them by the Visiting Forces Act 1952 .
.
Thomas Sackville
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
27th November 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Lancaster Acute Hospitals National Health Service Trust (Establishment) Order 1991 and shall come into force on 1st November 1991.
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 1st November 1991;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Lancaster Acute Hospitals National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called Lancaster Acute Hospitals National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
to own and manage hospital accommodation and services provided at Royal Lancaster Infirmary, Ashton Road, Lancaster and associated hospitals.
Directors of the trust
4
The trust shall have, in addition to the chairman 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1992.
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 the trust shall have the 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 to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Lancaster 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 Lancaster 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 Lancaster 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
21st October 1991


text:
1
This Order may be cited as the Combined Probationa Areas (Norfolk) Order 1991 and shall come into force on 1st January 1992.
2
Schedule 2 to the Combined Probation Areas Order 1986 shall be amended by substituting for the entry in respect of Norfolk the following entry —
(1) (2) (3) Petty Sessions Area Probation area Number of justices on probation committee
Central Norfolk Norfolk 1 Great Yarmouth 2 North Norfolk 1 Norwich 4 South Norfolk 2 West Norfolk 3
3
The three members of the Norfolk Probation Committee appointed before 1st January 1992 by the justices for the petty sessions areas of East Dereham, Swaffham and Wymondham shall decide by agreement, or in default of agreement by lot, which one of them shall continue in office as if appointed by the justices for the new petty sessions area of Central Norfolk .
4
The three members of the Norfolk Probation Committee appointed before 1st January 1992 by the justices for the petty sessions area of Great Yarmouth shall decide by agreement, or in default of agreement by lot, which two of them shall continue in office.
5
The three members of the Norfolk Probation Committee appointed before 1st January 1992 by the justices for the petty sessions areas of Cromer and North Walsham shall decide by agreement, or in default of agreement by lot, which one of them shall continue in office as if appointed by the justices for the new petty sessions area of North Norfolk.
6
The six members of the Norfolk Probation Committee appointed before 1st January 1992 by the justices for the petty sessions area of Norwich shall decide by agreement, or in default of agreement by lot, which four of them shall continue in office.
7
The three members of the Norfolkj Probation Committee appointed before 1st January 1992 by the justices for the petty sessions areas of Diss and Thetford shall decide by agreement, or in default of agreement by lot, which two of them shall continue in office as if appointed by the justices for the new petty sessions area of South Norfolk.
8
The six members of the Norfolk Probation Committee appointed before 1st January 1992 by the justices for the petty session areas of Downham Market, Fakenham, Hunstanton and Kings Lynn shall decide by agreement, or in default of agreement by lot, which three of them shall continue as if appointed by the justices for the new petty sessions area of West Norfolk.
Kenneth Baker
One of Her Majesty’s Principal Secretaries of State
Home Office
19th December 1991


text:
1
The length of the Trunk Road described in the Schedule to this Orderand shown by broad striped hatching on the deposited plan shall cease tobe a trunk road and shall be classified as a principal road as from thedate on which this Order comes into force.
2
In this Order
i
“the deposited plan” means the plan numbered HA10-YHNMD4 marked“The A18 Trunk Road (Barnetby Top to East of Ermine Street)(Detrunking) Order 1991” signed by authority of the Secretary of State and deposited at theDepartment of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“principal road” as a classification for a highway, means that the highway is aprincipal road for the purposes of enactments and instruments whichrefer to highways classified as principal roads and is also classifiedfor the purpose of every other enactment and instru ments which refersto highways classified by the Secretary of State;
iii
“the Trunk Road” means the A18 Trunk Road.
3
This Order shall come into force on 3rd May 1991 and may be cited asthe A18 Trunk Road (Barnetby Top to East of Ermine Street) (Detrunking)Order 1991.
Signed by authority of the Secretary of State for Transport
John Henry
Regional Director Yorkshire & Humberside Region
Department of Transport
25th March 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Estate Agents (Undesirable Practices)Order 1991 and shall come into force on 29th July 1991.
2
In this Order —
“ the Act ” means the Estate Agents Act 1979;
“associate” has the meaning given to it in section 32(1) of the Act;
“client” means a person on whose behalf an estate agent acts;
“connected person” in relation to an estate agent means any of the following —
his employer or principal, or
any employee or agent of his, or
any associate of his or of any person mentioned in (a) and (b)above;
“estate agent” means any person who in the course of a business (including one inwhich he is employed) engages in estate agency work and includes caseswhere he is negotiating on his own behalf;
“estate agency work” has the meaning given in section 1(1) of the Act;
“financial benefit” includes commission and any performance related bonus;
“interest in land” means any of the interests referred to in section 2 of the Act andreferences to an
“interest in the land” are references to the particular interest in land of which theestate agent is engaged to secure the disposal or acquisition;
“promptly” means within as short a period as is reasonably practicable in thecircumstances, from the moment when what is to be done can reasonably bedone;
“purchaser” means a person to whom an interest in land is transferred or inwhose favour it is created;
“services” means any service for consideration provided, or to be provided, to a prospective purchaser —
by an estate agent or a connected person, or (in a case where theestate agent or a connected person would derive a financial benefit fromthe provision of the service) by another person, and which
is such as would ordinarily be made available to a prospectivepurchaser in connection with his acquisition of an interest in land orhis use or enjoyment of it (including the provision to that purchaser ofbanking and insurance services and financial assistance and securing thedisposal for that purchaser of an interest in land if that disposal isone which has to be made in order for him to be able to make theacquisition he is proposing or is one which is a result of thatacquisition).
Undesirable Practices
2
For the purposes of section 3(1)(d) of the Act the followingpractices in relation to estate agency work are hereby declaredundesirable, that is to say as regards —
a
the disclosure of a personal interest, any failure to disclose thatinterest as described in Schedule 1 to this Order;
b
the arrangement and performance of services, any act or omission asdescribed in Schedule 2 to this Order;
c
other matters in the course of that work, any misdescription oromission of the kind described in Schedule 3 to this Order;
and the provisions of such Schedules shall have effect for supplementing the above paragraphs.
Edward Leigh
Parliamentary Under Secretary of State,
Department of Trade and Industry
28th March 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Swansea Bay Port Health Authority Order 1991 and shall come into force on 7th August 1991.
2
In this Order, unless the context otherwise requires –
“ the Act ” means the Public Health (Control of Disease) Act 1984;
“the Port of Swansea” means the port of that name established for the purposes of the enactments relating to Customs and Excise;
“the Port of Port Talbot” means the port of that name established for the purposes of the enactments relating to Customs and Excise;
“the joint board” means the joint board established by virtue of article 2; and other expressions have the same meanings as in the Act.
3
The riparian authorities specified for the purposes of this Order are Port Talbot Borough Council, Neath Borough Council, Ogwr Borough Council, Swansea City Council and Vale of Glamorgan Borough Council.
4
In this Order, unless the context otherwise requires, any reference to an article or to a Schedule shall be construed as a reference to an article contained in this Order, or to a Schedule hereto.
Port Health Authority
2
1
Subject to the provisions of paragraphs (2) and (3) of this article, for the purposes of the Act, those parts of the Port of Swansea and the Port of Port Talbot which are situated within the area bounded by –
a
an imaginary straight line drawn from Mumbles Point in the Port of Swansea to the south eastern extremity of the Port of Port Talbot at Nash Point at latitude 51° 24'11" north, longitude 03° 33'39" west; and
b
the mean high water line along the coast between the points described in (a) above together with –
i
docks and harbours, including the approaches thereto; and the whole of any wharf and the area within the gates or curtilage of any dock and the buildings or part of any building thereon used in connection with maritime trade or business; and
ii
as far as the tide flows, all rivers, canals, bays, creeks, streams, channels, waters and watercourses;
shall be a port health district and a joint board shall be the port health authority for that district.
2
There shall be excluded from the port health district –
a
all land in the Port of Swansea lying –
i
to the north of an imaginary line drawn from the junction of Kings Road and Langdon Road along the northern side of the Prince of Wales Dock to its intersection with an un-named road leading from Fabians Way and then due south to the Kings Dock and then the east along the northern side of the Kings Dock;
ii
to the north of an imaginary line drawn from the north east corner of the Kings Dock in an east-south-easterly direction to its intersection with an un-named road leading to Fabians Way and thence eastwards along the southern boundary of that road to its junction with Fabians Way;
iii
to the west of an imaginary line drawn from the junction of Kings Road and Langdon Road along the south-western side of the Prince of Wales Dock and then south to a point on the east bank of the River Tawe at grid reference SS6655 9265;
iv
to the west of the River Tawe and north of an imaginary line drawn from the east bank of the river at grid reference SS6655 9265 to the west bank of the river at grid reference SS6643 9256;
and
b
all waters of the River Tawe (whether tidal or otherwise) including all rivers, canals, creeks, streams, channels, watercourses, docks, harbours and marinas entering or connected to the River Tawe and north of an imaginary line drawn from the east bank of the river at grid reference SS6655 9265 to the west bank of the river at grid reference SS6643 9256.
3
The joint board shall be called the Swansea Bay Port Health Authority and shall consist of 19 members of whom 10 shall be appointed by Swansea City Council, 3 by Neath Borough Council, 3 by Port Talbot Borough Council, 2 by Ogwr Borough Council and 1 by Vale of Glamorgan Borough Council from members of their respective Councils.
Appointment of Members of the Joint Board
3
1
The specified riparian authorities shall appoint members to the joint board at meetings to be held in May each year.
2
Any vacancy occurring amongst members of the joint board shall be filled by the specified riparian authority in whose representation the vacancy occurred at a meeting to be held as soon as reasonably possible after such occurrence.
3
Not less than three days before a meeting of a specified riparian authority at which it is proposed to elect a member of the joint board, the proper officer of that authority shall give notice of the meeting and of the proposed appointment to every member of that authority.
4
The proper officer of a specified riparian authority shall forthwith notify in writing to the proper officer of the joint board the name and address of any person appointed by his authority to be a member of the joint board.
5
A person appointed to the joint board shall cease to be a member of the joint board if he ceases to be a member of the Council of the specified riparian authority by which he was appointed.
Retirement of Members
4
1
All members of the joint board shall retire from office on 31st May each year, and the newly appointed members shall come into office on 1st June each year.
2
A retiring member of the joint board may be re-appointed to the board for a further term of office if at the time of his re-appointment he is otherwise qualified to be appointed.
Chairman of the Joint Board
5
1
The chairman of the joint board shall be elected annually by the members of the board from amongst the members.
2
The election of the chairman shall be the first business transacted at the annual meeting of the joint board.
3
In the case of equality of votes the chairman shall be elected by the drawing of lots.
4
The chairman shall, unless he resigns or becomes disqualified, continue in office until his successor becomes entitled to act as chairman.
5
During his term of office the chairman shall continue to be a member of the joint board.
Provisions of the Local Government Act 1972 applicable to the members and proceedings of the Joint Board.
6
The provisions of Schedule 1 shall have effect for the purposes of the members and proceedings of the joint board.
Jurisdiction
7
The joint board shall have jurisdiction as port health authority over all waters and land within the port health district.
Functions assigned to Joint Board
8
1
There are hereby assigned to the joint board as port health authority, the functions, rights and liabilities of a local authority under the enactments specified in Schedules 1 and 2 so far as they are applicable to a port health authority and to any lands, waters, premises, vessel, houseboat or persons within their jurisdiction, provided that in the application of the provisions of the Local Government Act 1972 as set out in Schedule 1 –
a
the provisions of section 97 of that Act shall be exercisable only by the Secretary of State; and
b
the provisions of Parts I and VI of Schedule 12 to that Act shall apply as if the joint board were a district council.
2
For the purposes of the functions, rights and liabilities assigned to the joint board by virtue of this Order, the enactments specified in Schedule 2 shall have effect as if–
a
any vessel or houseboat lying within their jurisdiction were a house, building or premises; and
b
the master or other officer or person in charge of the vessel or houseboat were the occupier.
3
This article shall not apply to any vessel belonging to Her Majesty or to any vessel engaged in the service of Her Majesty, whether belonging to Her Majesty or not, or to any vessel belonging to the armed forces of any country to which the provisions of the Visiting Forces Act 1952 apply by virtue of section 1 of that Act.
Audit
9
All accounts of the joint board or of any committee of the board shall be audited in accordance with the provisions of Part III of the Local Government Finance Act 1982 .
Revocations
10
The Order of the Local Government Board establishing the Swansea Port Health Authority dated 4th May 1898 and entitled “The Swansea Port Order 1898”, together with the amending orders of the Local Government Board dated 14th May 1918, article XXXIV of the Swansea (Extension) Order 1918, article 34 of the Port Talbot (Extension) Order 1921, article 33 of the Neath (Extension) Order 1921, and the Order of the Minister of Health dated 25th March 1938 (insofar as it applies to the Swansea Port Health Authority so established as aforesaid) are hereby revoked and the provisions of the Port Health Authorities (Wales) Order 1974 shall cease to have effect in relation to the joint board.


text:
1
These Regulations may be cited as the Value Added Tax (Annual Accounting) (Amendment) Regulations 1991 and shall come into force on 9th April 1991.
2
The Value Added Tax (Annual Accounting) Regulations 1988 shall be amended in accordance with the following provisions of these Regulations.
3
In sub-paragraph (a) of regulation 3, for the words “current account year” there shall be substituted the words “current accounting year”.
4
In —
a
sub-paragraph (1)(b) of regulation 4, and
b
sub-paragraphs (2)(a) and (2)(b) of regulation 5, for
“£250,000” there shall be substituted “£300,000”.
5
In regulation 4(1)(c) there shall be deleted the words from “, and has paid” to “Finance Act 1985”.
6
In regulation 5–
a
in paragraph (2), for the words from “shall” to “years” there shall be substituted the words “may remain in the scheme”, and
b
in sub-paragraph (2)(c) there shall be deleted the word “earlier”.
7
In paragraph (1) of regulation 8 after sub-paragraph (e) there shall be inserted the following–
; or
an authorised person has not, in relation to a return made by him prior to authorisation, paid to the Commissioners all such sums shown as due thereon; or
an authorised person has not, in relation to any assessment made either under Schedule 7 to the Act or under section 21 of the Finance Act 1985 , paid to the Commissioners all such sums shown as due thereon
.
Diana Seammen
Commissioner of Customs and Excise
New King’s Beam House,
22 Upper Ground,
LONDON,
SE1 9PJ
28th February 1991


text:
Title and commencement
1
This Order may be cited as the Food Protection (Emergency Prohibitions)(Lead in Cattle) (England) Order 1991 and shall come into force on 7th March 1991.
Designated circumstances
2
In the opinion of the Minister of Agriculture, Fisheries and Food, cattle in the area designated in article 3 below may have eaten lead or other poisonous metal and are likely to create a hazard to human health if their meat or milk is consumed.
Designated area
3
The area described in the Schedule to this Order is hereby designated for the purposes of Part I of the Food and Environment Protection Act 1985.
Prohibitions on movement
4
1
No person shall move any cattle from the designated area.
2
No person shall move from the designated area any meat or milk derived from cattle which are or have been in the designated area.
3
No person shall move from the designated area any product
a
which could be used as a feeding stuff for animals intended for human consumption; and
b
which has been derived from any cattle which are or have been in the designated area.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 6th March 1991.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food


text:
1
For the purpose of connecting the motorway with access roads to be constructed to the service area, the Secretary of State is authorised to provide along the routes described in the schedule special roads for the use of traffic of Classes I and II of the classes of traffic set out in Schedule 4 to the Highways Act 1980.
2
The centre line of each of the special roads is indicated by a heavy black line on the deposited plan.
3
The special roads shall become trunk roads on the date when this Scheme comes into force.
4
In this Scheme:–
i
“the motorway”
means the M5 Birmingham-Exeter Motorway,
ii
“the deposited plan”
means the plan folio numbered HA16/1WM/4 marked “The M5 Birmingham-Exeter Motorway (Strensham Re-located Northbound Service Area), Connecting Roads Scheme 1991”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
iii
“the special roads”
means the special roads which the Secretary of State is authorised by this scheme to provide;
iv
“the service area”
means the proposed northbound motorway service area to be constructed on land adjacent to “The Brakes” woodland in the Districts of Malvern Hills and Wychavon.
6
This Scheme shall come into force on 15th February 1991 and may be cited as the M5 Birmingham-Exeter Motorway (Strensham Re-Located Northbound Service Area) Connecting Roads Scheme 1991.
Signed by authority of the Secretary of State for Transport
D. R. Ritchie
Regional Director West Midlands Region
Department of Transport
30th January 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Clatterbridge Centre for Oncology National Health Service Trust (Establishment) Order 1991 and shall come into force on1st November 1991.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 1st November 1991;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Clatterbridge Centre for Oncology 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 Clatterbridge Centre for Oncology 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 provided at Clatterbridge Hospital, Clatterbridge Road, Bebington, Wirral, Merseyside, L63 4JY and associated hospitals.
Directors of the trust
4
The trust shall have, in addition to the chairman 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1 April 1992.
2
The accounting date of the trust shall be 31 March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the 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 to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Wirral 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 Wirral 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 Wirral 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
21st October 1991


text:
1
1
This Order may be cited as the Prevention of Terrorism (Temporary Provisions) Act 1989 (Continuance) Order 1991 and shall come into force on 22nd March 1991.
2
In this Order “the 1989 Act ” means the Prevention of Terrorism (Temporary Provisions) Act 1989.
2
This Order applies to the provisions of Parts I to V and section 27(6)(c) of the 1989 Act except the provisions of Parts III and V so far as they have effect in Northern Ireland and relate to proscribed organisations for the purposes of section 21 of the Northern Ireland (Emergency Provisions) Act 1978 or offences or orders under that section.
3
The provisions of the 1989 Act to which this Order applies shall continue in force for a period of twelve months beginning with 22nd March 1991.
Kenneth Baker
One of Her Majesty’s Principal Secretaries of State
Home Office
7th March 1991


text:
1
This Order may be cited as the Broadcasting (Foreign Satellite Programmes) (Specified Countries) Order 1991 and shall come into force on 3rd October 1991.
2
The countries listed in the Schedule to this Order are specified countries for the purpose of section 79(5) of the Broadcasting Act 1990. Home Office
Kenneth Baker
One of Her Majesty’s Principal Secretaries of State
Home Office
20th September 1991


text:
Citation, amendment and interpretation
1
1
These Regulations may be cited as the Control of Substances Hazardous to Health (Amendment) Regulations 1991 and shall come into force on 1st January 1992.
2
In these regulations, unless the context otherwise requires, “the principal Regulations ” means the Control of Substances Hazardous to Health Regulations 1988( ).
Amendment to the principal Regulations
2
1
At the end of regulation 4 of the principal Regulations there shall be inserted the following paragraph–
4
A person shall not supply during the course of or for use at work, benzene or any substance containing benzene unless its intended use is not prohibited by item 11 of Schedule 2.
.
2
For Schedule 1 to the principal Regulations there shall be substituted the Schedule set out in Schedule 1 to these Regulations.
3
Schedule 2 to the principal Regulations shall be amended as follows–
a
in item 1 in column 1, for “exceeding 0.1 per cent” there shall be substituted “equal to or greater than 0.1 per cent.”;
b
at the end of the Schedule there shall be inserted the additional item set out in Schedule 2 to these Regulations.
Revocations
3
The Control of Substances Hazardous to Health (Amendment) Regulations 1990( ) are revoked.
Signed by order of the Secretary of State.
Eric Forth
Parliamentary Under Secretary of State,
Department of Employment
15th October 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Forest Healthcare National Health Service Trust (Establishment) Order 1991 and shall come into force on 1st November 1991.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of or Schedule 1 to the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 1st November 1991;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Forest Healthcare 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 Forest Healthcare National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at PO Box 13, Claybury Hall, Woodford Green, Essex, IG8 8DB and associated hospitals;
b
to manage community health services provided from PO Box 13, Claybury Hall, Woodford Green Essex, IG8 8DB and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1 April 1992.
2
The accounting date of the trust shall be 31 March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the 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 to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Waltham Forest 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 Waltham Forest 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 Waltham Forest Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Virginia Bottomley
Minister of State,
Department of Health
21st October 1991


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service Contracts (Dispute Resolution) Regulations 1991 and shall come into force on 15th April 1991.
2
In these Regulations, unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“adjudicator” means a person appointed under section 4(5) of the Act;
“party” means —
in relation to a reference under section 4(3) of the Act, a party to the NHS contract to which the reference relates, and
in relation to a reference under section 4(4) of the Act, a health service body which is a prospective party to the proposed NHS contract to which the reference relates;
“relevant Regional Authority” means, in relation to a party which is —
a District Health Authority in England, the Regional Health Authority whose region includes the district of that District Health Authority,
a Family Health Services Authority, the Regional Health Authority in whose region lies the whole or the greater part of the Family Health Service Authority’s locality,
an NHS trust, the Regional Health Authority which is the relevant Regional Health Authority determined in accordance with section 5(4)(a) of the Act,
a recognised fund-holding practice, the Regional Health Authority which is the relevant Regional Health Authority determined in accordance with section 14 of the Act,
being in each case a Regional Health Authority which is not a party.
3
Any notice or other document required or authorised to be given under these Regulations —
a
to a health service body other than a recognised fund-holding practice may be given by delivering it to the principal office of that body, or by sending it by post in a pre-paid envelope addressed to that body at its principal office;
b
to a recognised fund-holding practice may be given by delivering it to the address given as that of any of the members of the practice in the medical list in which he is included or by sending it by post in a prepaid envelope addressed to any of the members of the practice at the address given as his address in the medical list in which he is included.
4
Unless the context otherwise requires, any reference in these Regulations to a numbered regulation is to the regulation bearing that number in these Regulations, and any reference in a regulation to a numbered paragraph is to the paragraph bearing that number in that regulation.
Representations and consideration
2
1
Within the period of seven days beginning with the date of his appointment to consider and determine a matter, the adjudicator shall —
a
give notice of his appointment to the parties and to each (if any), relevant Regional Authority;
b
request the parties, each (if any) relevant Regional Authority and (whether or not he is a party) the Secretary of State to make any representations which they wish to make about the matter within a specified period.
2
The adjudicator shall give, with the notice given under paragraph (1) to those other than the health service body which referred the matter to the Secretary of State, a copy of any document by which the matter was referred under section 4(3) or section 4(4) of the Act.
3
The adjudicator shall forthwith upon receiving any representations —
a
from a relevant Regional Authority or the Secretary of State (where he is not a party), give copies of them to the parties;
b
from a party, give a copy of them to the other party,
and shall in each case request a party to whom a copy of the representations is given to make any written observations which it wishes to make on those representations within a specified period.
4
For the purpose of assisting him in his consideration of the matter, the adjudicator may —
a
invite representatives of the parties to appear before him or to make oral representations either together or, with the agreement of the parties, separately;
b
consult other persons whose expertise he considers will assist him in his consideration of the matter, provided that he notifies the parties accordingly and, where he considers that the interests of a party might be substantially affected by the result of the consultation, that he gives to the parties such opportunity as he considers reasonable in the circumstances to make observations on those results.
5
In considering the matter, the adjudicator shall consider —
a
any written representations made in response to a request under paragraph (1)(b), but only if they are made within the specified period;
b
any written observations made in response to a request under paragraph (3), but only if they are made within the specified period;
c
any oral representations made in response to an invitation under paragraph (4)(a);
d
the results of any consultation under, and any observations made under, paragraph (4)(b).
6
In this regulation, “specified period” means —
a
in relation to a request under paragraph (1)(b), such period as the adjudicator shall specifiy in accordance with paragraph (7), being not less than two, nor more than four, weeks from the date on which the notice referred to in paragraph (1)(a) was given;
b
in relation to a request under paragraph (3), such period as the adjudicator shall specify being not less than two weeks from the date on which copies of the representations are given,
but the adjudicator may, if he considers that there is good reason for doing so, extend any such period (even after it has expired) and, where he does so, a reference in this regulation to the specified period is to the period as so extended.
7
In specifying a period for the purposes of paragraph (1)(b) for a relevant Regional Authority or the Secretary of State, the adjudicator shall seek to ensure, so far as is reasonably practicable, that the period will be such as to permit observations made by a party under paragraph (3) on those representations to be made within the period specified for the party under paragraph (1)(b).
8
Where a party is situated in Northern Ireland, the references in paragraphs (1), (3)(a) and (7) to the Secretary of State shall be taken to include references to the Department of Health and Social Services for Northern Ireland as well as to the Secretary of State.
Recording of Determination
3
The adjudicator shall record his determination, and the reasons for it, in writing and shall give notice of the determination (including the record of the reasons) —
a
to the parties;
b
to any relevant Regional Authority;
c
to the Secretary of State and, where one of the parties is situated in Northern Ireland, to the Department of Health and Social Services for Northern Ireland.
William Waldegrave
Secretary of State for Health
19th March 1991


text:
Citation and commencement
1
These Regulations may be cited as the Water Supply (Water Quality) (Amendment) Regulations 1991 and shall come into force on 3rd September 1991 except for paragraphs 10(b)(ii) and (c) and 26(b) of the Schedule which shall come into force on 1st January 1992.
Amendment of regulations
2
The Schedule to these Regulations shall have effect for making amendments to the Water Supply (Water Quality) Regulations 1989.
Michael Heseltine
Secretary of State for the Environment
6th August 1991
David Hunt
Secretary of State for Wales
5th August 1991


text:
1
This Order may be cited as the Football (Offences) Act 1991 (Commencement) Order 1991.
2
The Football (Offences) Act 1991 shall come into force on 10th August 1991.
Kenneth Baker
One of Her Majesty’s Principal Secretaries of State
Home Office
9th July 1991


text:
1
These Regulations may be cited as the Education (Teachers)(Amendment) Regulations 1991 and shall come into force on 1st September1991.
2
The Education (Teachers) Regulations 1989 shall be amended as follows —
1
In regulation 13, for“3 and 4” there shall be substituted“3, 4 and 4A”.
2
In the heading to Schedule 3, after the words“LICENSED TEACHERS” there shall be inserted within the bracket the words“AND OVERSEAS TRAINED TEACHERS”.
3
In paragraph 5(d)(i) of Schedule 4,“24” shall be substituted for“26”.
4
There shall be inserted after the end of Schedule 4 thefollowing —
SCHEDULE 4A
CASES AND CIRCUMSTANCES IN WHICH UNQUALIFIED TEACHERS MAY BEEMPLOYED AT SCHOOLS - OVERSEAS TRAINED TEACHERS
Regulation 13
PART 1
GENERAL AND INTERPRETATION
1
1
This paragraph shall apply to a person who is nota qualified teacher but who has been granted an authorization to teachin accordance with Part 2 of this Schedule.
2
Subject to the provisions of Part 3 of this Schedule, such a personmay be employed as a teacher in a school.
Interpretation
2
In this Schedule, and Schedule 5, unless the context otherwise requires, —
“authorization” means an authorization to teach granted to a person by theSecretary of State in accordance with Part 2 of this Schedule;
“overseas trained teacher” means a person to whom an authorization has been granted.
PART 2
REQUIREMENTS FOR THE GRANTING OF AN AUTHORIZATION
3
1
On the recommendation of the recommending body,acting, in the case of a school which has a delegated budget, with theconsent of the local education authority, the Secretary of State maygrant an authorization to the person named in that recommendation.
2
Where the local education authority refuses to give its consent itshall notify the recommending body of its reasons in writing and shallreport the facts of the case to the Secretary of State.
4
A recommendation for an authorization shall contain such particulars asthe Secretary of State may determine.
5
Without prejudice to the generality of paragraph 4, a recommendation shall include:
1
a statement by the recommending body that the person named in therecommendation:
a
is in their opinion a suitable person to be a teacher; and
b
has attained in English and mathematics the standard required toobtain grade C in the General Certificate of Secondary Education; and
c
has successfully completed either —
i
a first degree course in education at a university orequivalent educational institution outside England and Wales; or
ii
a first degree course at a university or equivalenteducational institution in England or Wales or elsewhere, and apost-graduate course of initital training for teachers in schools at auniversity or equivalent educational institution outside England andWales (whether or not the same institution); and
d
has been employed for not less than one year as a teacher orlecturer in a school, independent school, institution or university orother educational establishment either in England or Wales or elsewhereand was not dismissed on grounds other than redundancy;
2
particulars of the training proposed to be given to the overseastrained teacher;
3
a statement that
a
the teacher may be employed in more than one school maintained bythe same local education authority during the period of theauthorization; or
b
particulars of the post in which the overseas trained teacher is tobe employed, including
i
the name of the school at which he is to be employed;
ii
the age range of the pupils he is to teach;
iii
any subjects in which the overseas trained teacher is tospecialise;
iv
a statement as to whether the teacher is to be employedfull-time or part-time and in the latter case his normal working hours.
PART 3
SUPPLEMENTARY PROVISIONS
6
1
Subject to sub-paragraph (2), an authorizationshall remain in force
a
in the case of a first authorization for a full-time post, for twoyears from the date of its commencement;
b
in the case of a first authorization for a part-time post or asubsequent authorization (whether for a full-time or part-time post),for such period as may be specified in the authorization.
2
a
An authorization shall lapse if an overseas trained teacher towhom paragraph 5(3)(a) applies ceases to be employed by the localeducation authority which was the recommending body or with whoseconsent the recommending body acted pursuant to paragraph 3;
b
an authorization shall lapse if an overseas trained teacherto whom paragraph 5(3)(b) applies ceases to be employed in the post ofwhich particulars are given in the authorization;
7
The recommending body and, in the case of a school which has a delegated budget, the local education authority shall cause the overseas trained teacher to receive during the period of the authorization the training particularsof which were given in pursuance of paragraph 5(2).
8
When the recommending body has submitted a recommendation to the Secretary of State pursuant to Part 2 of this Schedule, the person named in thatrecommendation may be provisionally employed as an overseas trainedteacher until 14 days after the Secretary of State has notified therecommending body of his decision whether or not to grant theauthorization.
9
Without prejudice to regulation 11, in any case wherean authorization lapses by virtue of paragraph 6(2) the recommendingbody shall report the facts of the case to the Secretary of State unlessthey have reported the facts of the case to him in pursuance of the dutyimposed by regulation 11."
5
In paragraph 2(2)(c) of Schedule 5 —
a
in sub-paragraph (ii)“24” shall be substituted for“26” and there shall be inserted after the word“Crown” the words“or as an instructor under paragraph 3 of Schedule 3”;
b
there shall be inserted after sub-paragraph (iii) the following —
iv
a statement that he has successfully completed not less than oneterm’s service as an overseas trained teacher and the training proposedin the recommendation for an authorization; or
.
Kenneth Clarke
Secretary of State for Education and Science
7th May 1991


text:
1
This Order may be cited as the Barnet (Prescribed Route) (No. 3) Traffic Order 1970 (Variation) Order 1991 and shall come into force on 31st August 1991.
2
The Barnet (Prescribed Route) (No. 3) Traffic Order 1970 shall be varied by omitting therefrom article 4 of that Order.
Signed by authority of the Secretary of State for Transport
S. Chatterjee
Director (Transport), London Regional Office of the
Department of Transport
27th August 1991


text:
Citation
1
This Order may be cited as the Companies Act 1989 (Commencement No. 13) Order 1991.
Provisions of the Companies Act 1989 brought into force by the Order
2
Insofar as they are not yet in force, the provisions of sections 160, 162, 166, 167 and 184 of the Companies Act 1989 shall come into force on 1st October 1991.
John Redwood
Minister of State,
Department of Trade and Industry
28th September 1991


text:
Title and commencement
1
This Order may be cited as the Import and Export (Plant Health Fees) (Forestry) (Great Britain) (Amendment) Order 1991 and shall come into force on 1st December 1991.
Amendment of the principal Order
2
The Import and Export (Plant Health Fees) (Forestry) (Great Britain) Order 1990 shall be amended by substituting for the Schedules thereto (which set out lists of fees) the Schedules set out in the Schedule to this Order.
In Witness whereof the Official Seal of the Forestry Commissioners is hereunto affixed on 4th November 1991.
P. J. Clarke
Secretary to the Forestry Commissioners
We consent,
Sydney Chapman
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
7th November 1991


text:
1
1
This Order may be cited as the Child Abduction and Custody (Partiesto Conventions) (Amendment) (No. 4) Order 1991 and shall come into force on19th December 1991.
2
The Child Abduction and Custody (Parties to Conventions) (Amendment) (No. 3) Order 1991 is revoked.
2
For Schedule 1 to the Child Abduction and Custody (Parties to Conventions) Order 1986 there shall be substituted the following–
SCHEDULE 1
CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION, THE HAGUE, 25th OCTOBER 1980
Article 2
Contracting States to the Convention Territories specified in Declarations under Article 39 or 40 of the Convention Date of Coming into Force as between the United Kingdom and the State or Territory
The Argentine Republic — 1st June 1991 Australia Australian States and mainland Territories 1st January 1987 Austria — 1st October 1988 Belize — 1st October 1989 Canada Ontario 1st August 1986 New Brunswick 1st August 1986 British Columbia 1st August 1986 Manitoba 1st August 1986 Nova Scotia 1st August 1986 Newfoundland 1st August 1986 Prince Edward Island 1st August 1986 Quebec 1st August 1986 Yukon Territory 1st August 1986 Saskatchewan 1st November 1986 Alberta 1st February 1987 Northwest Territories 1st April 1988 The French Republic — 1st August 1986 The Federal Republic of Germany — 1st December 1990 The Hungarian People’s Republic — 1st September 1986 Ireland — 1st October 1991 Israel — 1st December 1991 The Grand Duchy of Luxembourg — 1st January 1987 Mexico — 1st September 1991 The Kingdom of the Netherlands — 1st September 1990 New Zealand — 1st August 1991 Norway — 1st April 1989 The Portuguese Republic — 1st August 1986 Spain — 1st September 1987 Sweden — 1st June 1989 The Swiss Confederation — 1st August 1986 The United States of America — 1st July 1988 The Socialist Federal Republic of Yugoslavia — 1st December 1991
G. I. de Deney
Clerk of the Privy Council