text:
1
The lengths of trunk road described in the schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be trunk road and shall be classified as classified roads as from the date on which the Secretary of State notifies the County Council of Leicestershire that the new trunk roads are open for through traffic.
2
In this Order:–
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“classified road” as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classifed by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the deposited plan” means the plan folio numbered HA10/EM40 marked “The (A6) London–Carlisle Trunk Road and the (A46) Bath–Lincoln Trunk Road (Leicester Western Bypass) (Detrunk ing) Order 1991”, containing 2 maps, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY; and
iii
“the new trunk roads” means the highways to be constructed by the Secretary of State in pursuance of the (A46) Bath–Lincoln Trunk Road (Leicester West ern Bypass and Slip Roads) Order 1991.
3
This Order shall come into force on 27th November 1991 and may be cited as the (A6) London–Carlisle Trunk Road and the (A46) Bath–Lincoln Trunk Road (Leicester Western Bypass) (Detrunking) Order 1991.
Signed by authority of the Secretary of State for Transport
D. J. Morrison
Regional Director East Midlands Region,
Department of Transport
22nd October 1991


type: legislation

jurisdiction: UK

text:
Title, commencement and interpretation
1
1
These Regulations may be cited as the Fertilisers (Sampling and Analysis) (Amendment) Regulations 1991 and shall come into force on 21st January 1992.
2
In these Regulations, “the principal Regulations” means the Fertilisers (Sampling and Analysis) Regulations 1991 .
Amendment of the principal Regulations
2
The principal Regulations are hereby amended in accordance with regulations 3 and 4 below.
3
1
In regulation 2(3), for subparagraphs (b) and (c), there shall be substituted the following subparagraphs–
b
if any container holds at least 5 tonnes the prescribed amount shall be 5 tonnes; and
c
if neither subparagraph (a) nor (b) above applies, the prescribed amount shall be the contents of the lowest number of containers together holding at least 5 tonnes.
.
2
In regulation 2(7), for subparagraphs (b) and (c) there shall be substituted the following subparagraphs–
b
if any container holds at least 5,000 litres, the prescribed amount shall be 5,000 litres, and
c
if neither subparagraph (a) nor (b) above applies, the prescribed amount shall be the contents of the lowest number of containers together holding at least 5,000 litres.
.
3
For paragraph (2) of regulation 6 there shall be substituted the following paragraph–
2
Analytical constituents of materials listed in Groups 1(a), 2(a) and 3(a) of Section A, Groups 1 to 4 of Section B, Groups 1(a), 1(b) and 2 of Section C, and Section E, of the table in Schedule 1 to the Fertilisers Regulations 1991 , shall be determined by the methods prescribed in Part I of Schedule 2.
.
4
1
In Part I of Schedule 2–
a
paragraph 1(b) shall be omitted;
b
for paragraph 2 there shall be substituted the provisions set out in Schedule 1 to these Regulations;
c
in paragraph 3–
i
items 12a and b, and 13a and b shall be omitted, and
ii
after item 16g (Determination of copper) there shall be added the provisions set out in Schedule 2 to these Regulations;
d
in the 11th line of the table for method 10, for the lines indicating nil entries in the fifth and sixth columns there shall be substituted the figures “50” and “500” respectively;
e
the provisions relating to the following methods of analysis shall be omitted–
i
method 12a: Determination of water-soluble magnesium — atomic absorption spectrophotometric method,
ii
method 12b: Determination of water-soluble magnesium — EDTA method,
iii
method 13a: Determination of total magnesium — atomic absorption spectrophotometric method, and
iv
method 13b: Determination of total magnesium — EDTA method;
f
in paragraph 4.3 of method 16c: Determination of Combustible Ingredients, for the expression “(See Figure 1)” there shall be substituted the expression “(See Figure 9)”;
g
after the provisions relating to method 16g: Determination of copper, there shall be added the provisions set out in Schedule 3 to these Regulations.
2
In Part II of Schedule 2–
a
paragraph 1(b) shall be omitted;
b
for paragraph 2 there shall be substituted the provisions set out in Schedule 1 to these Regulations;
c
in paragraph 3, for item 8 there shall be substituted
8
Determination of zinc
;
d
for the provisions relating to method 8: Determination of total magnesium, there shall be substituted the provisions set out in Schedule 4 to these Regulations.
3
At the end of the Appendix to Schedule 2, there shall be inserted the Diagram and key set out in Schedule 5 to these Regulations.
4
In Schedule 3–
a
in the first column for the results of analysis, before the line referring to “Chlorine (C)”, there shall be inserted the following provisions–
Calcium oxide (CaO)
Total
Soluble in water
Sodium oxide (Na 2 O)
Total
Soluble in water
Sulphur trioxide (SO 3 )
Total
Soluble in water
;
b
in the second column for the results of analysis–
i
the expression “Magnesium (Mg)” shall be omitted, and
ii
below the expression “Molybdenum (Mo)” there shall be added “Zinc (Zn)”.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 10th December 1991.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Strathclyde
Parliamentary Under Secretary of State, Scottish Office
9th December 1991
David Hunt
Secretary of State for Wales
12th December 1991


text:
Citation and commencement
1
This Order may be cited as the Home Purchase Assistance (Price-limits) Order 1991 and shall come into force on 1st May 1991.
Prescribed price-limits
2
The amounts mentioned in the Schedule to this Order are prescribed as the price-limits for the purposes of section 445 of the Housing Act 1985 or section 222 of the Housing (Scotland) Act 1987 (as the case may be) in respect of house property situated in the areas mentioned in relation thereto in that Schedule.
Revocation
3
The Home Purchase Assistance (Price-limits) Order 1989 is hereby revoked.
Michael Heseltine
Secretary of State for the Environment
20th March 1991
David Hunt
Secretary of State for Wales
20th March 1991
James Douglas-Hamilton
Parliamentary Under Secretary of State, Scottish Office
21st March 1991


text:
1
These Regulations may be cited as the Assured and Protected Tenancies (Lettings to Students) (Amendment) Regulations 1991 and shall come into force on 18th March 1991.
2
Schedule 1 to the Assured and Protected Tenancies (Lettings to Students) Regulations 1988 shall be further amended by the substitution of “International Students House” for “International Students Housing Society”.
Kenneth Clark
Secretary of State for Education and Science
14th February 1991
David Hunt
Secretary of State for Wales
14th February 1991


text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Type Approval) (Great Britain) (Amendment) (No.2) Regulations 1991 and shall come into force on 1st October 1991.
Preliminary
2
The Motor Vehicles (Type Approval) (Great Britain) Regulations 1984 shall be further amended in accordance with the following provisions of these Regulations.
Amendments to regulation 2 (Interpretation)
3
–
1
For the heading preceding regulation 2 there shall be substituted–
General Interpretation
.
2
Regulation 2(2) shall be omitted.
3
After regulation 2, there shall be inserted–
Interpretation of instruments referred to in Schedule 1
2A
The instruments referred to in column 3 of Schedule 1 shall, for the purposes of these Regulations, have effect as if–
a
a reference to a vehicle in category M1 were a reference to a vehicle described as M1 in Council Directive 70/156/ EEC of 6th February 1970; and
b
a reference to a vehicle in category L5 were a reference to a vehicle described as L5 in ECE Regulation 78 of 15th October 1988.
.
Amendments to type approval requirements in respect of brakes
4
In Schedule 1, for items 13E, 13F and 13G there shall be substituted the items numbered 13E, 13F and 13G set out in the Schedule to these Regulations.
Signed by the authority of the Secretary of State for Transport
Christopher Chope
Parliamentary Under Secretary of State,
Department of Transport
3rd September 1991


text:
1
1
This Order may be cited as the Criminal Justice (InternationalCo-operation) Act 1990 (Commencement No. 1) Order 1991.
2
In this Order“the 1990 Act ” means the Criminal Justice (InternationalCo-operation) Act 1990.
2
Subject to article 3 below —
a
the provisions of the 1990 Act specified in Part I of the Scheduleto this Order shall come into force on 10th June 1991; and
b
the provisions of the 1990 Act specified in Part II thereof shallcome into force on 1st July 1991.
3
To the extent necessary for the purposes of making any Order inCouncil, order, rules or regulations under any of the followingprovisions thereof, the 1990 Act shall come into force forthwith —
section 3(3) designation of prosecuting authority for purposes of issuing letters of request sections 7(7) and 8(5) conferral of powers of search etc. by persons other than constables section 9 enforcement of overseas forfeiture orders section 10 rules of court for the purposes of Part I section 12(5) substances useful for manufacturing controlled drugs section 13 regulations about scheduled substances section 28(2) rules of court for the purposes of Part III section 29(2) prescribed sum for the purposes of seizure of cash under Part III section 32(4) extension of Act’s provisions to Channel Islands, Isle of Man or any colony Schedule 2 substances useful for manufacturing controlled drugs paragraph 1(1)(c) of Schedule 3 specification of enforcement officers in relation to offences on ships.
Kenneth Baker
One of Her Majesty’s Principal Secretaries of State
Home Office
23rd April 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Town and Country Planning (Use Classes) (Amendment) Order 1991 and shall come into force on 31st July 1991.
2
In this Order “the principal Order ” means the Town and Country Planning(Use Classes) Order 1987 .
Amendment of existing Order
2
1
For article 3(6)(c) of the principal Order (exclusions from Use Classes) substitute —
c
as a launderette,
.
2
In Part A of the Schedule to the principal Order (Use Classes), for use (i) in Class A1. Shops substitute —
i
for the washing or cleaning of clothes or fabrics on the premises,
j
for the reception of goods to be washed, cleaned or repaired,
.
Michael Heseltine
Secretary of State for the Environment
5th July 1991
David Hunt
Secretary of State for Wales
5th July 1991


text:
1
The length of trunk road described in the Schedule to this Order andshown by broad striped hatching on the deposited plan shall cease to bea trunk road and shall be classified as a classified road as from a dateto be specified in a notice given by the Secretary of State to theCounty Council of Cambridgeshire who will become the highway authorityresponsible for that length. The date specified will be the date onwhich the new trunk roads are opened for through traffic.
2
In this Order —
1
All measurements of distance are measured along the route of therelevant highway;
i
“classified road” as a classification for a highway, means that the highway is not aprincipal road for the purposes of enactments or instruments which referto highways classified as principal roads but is a classified road forthe purpose of every enactment and instrument which refers to highwaysclassified by the Secretary of State and which does not specificallyrefer to their classification as principal roads;
ii
“the deposited plan” means the plan numbered HA10/2E/323 marked“the A11 Trunk Road (Newmarket to Red Lodge Dualling) Detrunking Order1991”, signed by authority of the Secretary of State and deposited at theDepartment of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
iii
“the trunk road” means the A11 Trunk road;
iv
“the new trunk roads” means the trunk roads to be constructed by the Secretary of Statein pursuance of the A11 Trunk Road (Newmarket to Red Lodge Dualling)Slip Roads Order 1991 .
3
This Order shall come into force on 24th May 1991 and may be citedas the A11 Trunk Road (Newmarket to Red Lodge Dualling) Detrunking Order1991.
Signed by authority of the Secretary of State for Transport
Peter Emms
Regional Director Eastern Region
Department of Transport
30th April 1991


text:
1
These Rules may be cited as the Probation (Amendment) Rules 1991.
2
These Rules shall come into force for the purposes of Part I of the Schedule to these Rules on 14th October 1991 and for all other purposes on 31st October 1991.
3
The Probation Rules 1984 shall have effect subject to the amendments specified in the Schedule to these Rules.
Kenneth Baker
One of Her Majesty’s Principal Secretaries of State
Home Office
9th September 1991


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Optical Charges and Payments) Amendment (No. 2) Regulations 1991 and shall come into force on 20th November 1991. (2) In these Regulations, “the principal Regulations ” means the National Health Service (Optical Charges and Payments) Regulations 1989 .
Amendment of regulation 1 of the principal Regulations
2
In regulation 1(2) of the principal Regulations (interpretation) for the definition of “ NHS sight test fee” there is substituted the following definition–
“NHS sight test fee” means, in relation to a testing of a patient’s sight carried out either by an ophthalmic medical practitioner or by an optician–
at a place where the patient normally resides, an amount of £32.15p, or
in any other case, an amount of £12.15p;
.
Amendment of regulation 15 of the principal Regulations
3
In regulation 15(3) of the principal Regulations (redemption value of voucher for supply of optical appliances) in sub-paragraph (a) for the words from “sight” to the end of the sub-paragraph there are substituted the words–
sight–
by reason only of the fact that the patient’s contribution exceeded the NHS sight test fee, by the amount by which the patient’s contribution exceeded the lesser of the amounts specified in regulation 7(a) and (b),
in any other case, by the amount of the patient’s contribution;
.
Signed by the authority of the Secretary of State for Health
Virginia Bottomley
Minister of State,
Department of Health
28th October 1991


text:
1
These Regulations may be cited as the International Carriage of Dangerous Goods by Road (Fees) (Amendment) Regulations 1991 and shall come into force on 1st April 1991.
2
The International Carriage of Dangerous Goods by Road (Fees) Regulations 1988 shall be amended in accordance with the provisions of these Regulations.
3
In Regulation 2 for sub-paragraph (b) there shall be substituted–
b
“the 1988 Regulations ” means the Goods Vehicles (Plating and Testing) Regulations 1988.
.
4
In Regulations 3(a), 3(b), 5(2) and 11 for the words “the 1982 Regulations” there shall be substituted the words “the 1988 Regulations”.
5
In the Regulations specified in column 1 of the Table below for the amounts specified in column 2 of the Table there shall be substituted the amounts specified in column 3 of the Table.
TABLE
(1) (2) (3) Regulation Existing Amount Substituted Amount
3(a) £95.00 £100.70 3(b) £95.00 £100.70 4(2) £47.50 £50.40 5(2) £95.00 £100.70 6 £5.50 £5.80
Signed by the authority of the Secretary of State for Transport
Christopher Chope
Parliamentary Under Secretary of State,
Department of Transport
28th February 1991
We consent to the making of these Regulations
Sydney Chapman
Gregory Knight
Two of the Lords Commissioners of Her Majesty’s Treasury
4th March 1991


text:
Citation and commencement
1
–
1
This Order may be cited as the Isle of Wight Light Railway Order 1991 and shall come into force on 26th June 1991.
2
The Isle of Wight (Havenstreet and Wootton) Light Railway Order 1978 and this Order may be cited together as the Isle of Wight Light Railway Orders 1978 and 1991.
Interpretation
2
–
1
In this Order, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them:–
“the Board” means the British Railways Board;
“the Company” means the Isle of Wight Railway Company Limited incorporated under the Companies Acts 1948 and 1967 having its registered office at the Railway Station, Havenstreet, Ryde, Isle of Wight PO33 4DS;
“the former railway” means the railway or former railway of the Board described in Schedule 1 to this Order together with all lands and works relating thereto;
“the plans” and “sections” means respectively the plans and sections deposited with the Department of Transport in connection with the application for this Order;
“the principal Act ” means the Light Railways Act 1896;
“the railway” means the railway authorised to be constructed, made and maintained pursuant to article 5 (Power to make railway) of this Order together with all lands and works relating thereto, and, where any part of the said railway and works remains uncompleted, the expression includes the site of that part.
2
In this Order, all distances, lengths, measurements and directions stated in any description of works, powers or lands shall be construed as if the words “or thereabouts” were inserted after each such distance, length, measurement or direction.
Incorporation and modification of enactments
3
–
1
The provisions of the Railways Clauses Consolidation Act 1845 , except sections 8, 9, 11 to 15, 32 to 44, 46 to 57, 59 to 62, 94, 95, 97 and 115 to 124, so far as the same are applicable for the purposes and are not inconsistent with, or varied by, the provisions of this Order, are incorporated with, and form part of, this Order which shall be deemed to be the special Act for the purposes of those incorporated provisions.
2
Notwithstanding the provisions of subsection (1) of section 12 of the Light Railways Act 1896, the following provisions shall apply to the railway:–
Regulation of Railways Act 1868 –
Section 22 (means of communication between passengers and the Company’s servants to be provided);
Regulation of Railways Act 1889 –
Section 1 (power to order certain provisions to be made for public safety); and
Section 5 (penalty for avoiding payment of fare).
3
In its application to the railway, section 22 of the Regulation of Railways Act 1868 shall have effect as if the words “and travels more than twenty miles without stopping” were omitted therefrom.
Transfer of rights, etc. , from Board
4
–
1
Except as may be otherwise provided in this Order, the Company shall to the exclusion of the Board be entitled to the benefit of, and to exercise, all rights, powers and privileges and be subject to all obligations statutory or otherwise (insofar as the same are still subsisting and capable of taking effect) relating to the former railway to the intent that the Board shall be released from all such obligations.
2
Paragraph (1) above shall have effect in relation to any part of the former railway which at the date of this Order is not vested in the Company as from the date upon which the freehold interest in such part is transferred by agreement to and vested in the Company.
Power to make railway
5
–
1
Subject to the provisions of this Order, the Company may, when they have acquired the former railway (if not already owned by them) or obtained sufficient interest therein, on the line and to the extent of the former railway and in the lines or situations, and within the limits of deviation shown on the plans and according to the levels shown on the sections, make and maintain a railway with all necessary works and conveniences connected therewith.
2
Subject to the provisions of this Order, the Company may work and maintain the railway as a light railway under the principal Act.
Power to deviate
6
In the construction of the railway or any part thereof the Company may deviate laterally from the line or situations thereof shown on the plans to the extent of the said limits of deviation and may deviate vertically from the levels shown on the sections to any extent not exceeding two metres upwards or downwards.
Level crossings
7
–
1
The Company may in the construction of the railway carry the same across and on the level of the footpaths and bridleways mentioned in column 1 of Schedule 2 to this Order and situated in the local authority areas, and at the locations, mentioned respectively in columns 2 and 3 of that Schedule.
2
The railway may be carried over the footpaths mentioned in the second entry in Schedule 2 to this Order with a double line of rails and over the footpath and bridleways mentioned in the other entries in that Schedule with a single line of rails.
3
Notwithstanding anything in the Ryde and Newport Railway Act 1872 or in any enactment incorporated therewith and except as hereinafter provided:–
a
the Company shall not be required to erect or maintain a station or lodge at any of the said level crossings or be subject to any regulations with regard to the speed of trains thereover except as provided in this Order;
b
the Company shall provide at each of the said level crossings and shall maintain and operate the signs and other devices and appliances specified in Schedule 3 to this Order.
Gauge of railway and motive power
8
The railway shall be constructed and operated on a nominal gauge of 1.435 metres (4 feet 8½ inches) and the motive power shall be steam, diesel-electric, diesel, internal combustion, electric-battery or such other motive power as the Secretary of State may approve:
Provided that nothing in this Order shall authorise the Company to use electrical power as motive power on the railway unless such power is obtained from storage batteries or from a source of generation entirely contained in and carried along with the engines and carriages:
Provided also that, if electrical power is used as motive power on the railway, such electrical power shall not be used in such a manner as to cause or be likely to cause any interference with any telecommunications apparatus (as defined in Schedule 2 to the Telecommunications Act 1984 , or with telecommunication by means of such apparatus.
Extension of byelaws
9
All byelaws made by the Company in relation to the existing railway authorised by the Isle of Wight (Havenstreet and Wootton) Light Railway Order 1978 and confirmed by the Secretary of State before the date upon which this Order comes into force shall apply to the railway as they apply to the said existing railway.
Restrictions and conditions as to working of railway
10
–
1
The Company shall not use upon the railway any engine, carriage or truck bringing any weight upon the rails by any one pair of wheels exceeding such weight as the Secretary of State may allow.
2
The Company shall not run any train or engine upon any part of the railway at a rate of speed exceeding at any time that fixed by the Secretary of State for such part.
3
No part of the railway shall be used for the conveyance of passengers without the prior written permission of the Secretary of State and the Company shall comply with the conditions (if any) which the Secretary of State may from time to time prescribe for the safety of the public using the railway.
4
If the Company contravene any of the provisions of this article, they shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.
Public liability insurance
11
–
1
In this article–
“insurer” means any insurer or insurers authorised under the Insurance Companies Act 1982 to carry on in the United Kingdom insurance business of a relevant class or who has corresponding permission under the law of another member state of the European Economic Community;
“policy” means a public liability policy with an insurer providing maximum cover in respect of any one accident on or occasioned by the operation of the railway of not less than £2,000,000.
2
a
The Company shall not work the railway unless there is in force a policy in accordance with the provisions of this article.
b
If the Company contravene the provisions of this article they shall be liable on summary conviction to a fine not exceeding the statutory maximum or, on conviction on indictment, to a fine.
3
The adequacy of the cover provided by a policy maintained in accordance with this article shall be regularly reviewed and increased by the Company.
Saving as to land drainage
12
Nothing in this Order or in any enactment incorporated with or applied by this Order shall prejudice or affect the application of any byelaws made under the Land Drainage Act 1976 or relieve any person of the obligation to obtain consent under the provisions of that Act or to obtain any licence or consent from the National Rivers Authority required under the Water Act 1989 , the Water Resources Act 1963 or any other enactment.
Signed by authority of the Secretary of State for Transport
J. R. Coates
An Under Secretary in the
Department of Transport
25th June 1991


text:
Title, commencement and extent
1
1
This Order may be cited as the Criminal Justice Act 1988 (Designated Countries and Territories) Order 1991 and shall come into force on the tenth day after the day on which it is made.
2
This Order extends to England and Wales only.
Interpretation
2
In this Order–
“ the Act ” means the Criminal Justice Act 1988;
“country” means a country or territory;
“designated country” means a country or territory designated under article 3(1) below;
“appropriate authority of a designated country” means an authority specified opposite that country in Schedule 1 to this Order;
“a court of a designated country” includes a court of any state or territory of a designated country.
Designation of and application of the Act to countries and territories
3
1
Each of the countries specified in Schedule 1 to this Order is hereby designated for the purposes of sections 96 and 97 of the Act.
2
In relation to a designated country, Part VI of the Act shall apply, subject to the modifications specified in Schedule 2 to this Order, to external confiscation orders and to proceedings which have been or are to be instituted in the designated country and may result in an external confiscation order being made there, and, accordingly, in relation to such orders and such proceedings, Part VI of the Act and Schedule 4 thereto shall have effect as set out in Schedule 3 to this Order.
Proof of orders and judgment of court of a designated country
4
1
For the purposes of sections 96 and 97 of the Act, and of the other provisions of the Act as applied under article 3(2) above–
a
any order made or judgment given by a court of a designated country purporting to bear the seal of that court or to be signed by any person in his capacity as a judge, magistrate or officer of the court, shall be deemed without further proof to have been duly sealed or, as the case may be, to have been signed by that person; and
b
a document, duly authenticated, which purports to be a copy of any order made or judgment given by a court of a designated country shall be deemed without further proof to be a true copy.
2
A document purporting to be a copy of any order made or judgment given by a court of a designated country is duly authenticated for the purpose of paragraph (1)(b) above if it purports to be certified by any person in his capacity as a judge, magistrate or officer of the court in question or by or on behalf of the appropriate authority of the designated country.
Evidence in relation to proceedings and orders in a designated country
5
1
For the purposes of sections 96 and 97 of the Act, and of the other provisions of the Act as applied under article 3(2) above, a certificate purporting to be issued by or on behalf of the appropriate authority of a designated country stating–
a
that proceedings have been instituted and have not been concluded, or that proceedings are to be instituted, there;
b
that an external confiscation order is in force and is not subject to appeal;
c
that all or a certain amount of the sum payable under an external confiscation order remains unpaid in the designated country, or that other property recoverable under an external confiscation order remains unrecovered there;
d
that any person has been notified of any proceedings in accordance with the law of the designated country; or
e
that an order (however described) made by a court of the designated country has the purpose–
i
of recovering property obtained as a result of or in connection with conduct to which Part VI of the Act applies or the value of property so obtained; or
ii
of depriving a person of a pecuniary advantage so obtained,
shall, in any proceedings in the High Court, be admissible as evidence of the facts so stated.
2
In any such proceedings a statement contained in a document, duly authenticated, which purports to have been received in evidence or to be a copy of a document so received, or to set out or summarise evidence given in proceedings in a court of a designated country, shall be admissible as evidence of any fact stated therein.
3
A document is duly authenticated for the purposes of paragraph (2) above if it purports to be certified by any person in his capacity as judge, magistrate or officer of the court of the designated country, or by or on behalf of the appropriate authority of the designated country, to have been received in evidence or to be a copy of a document so received, or, as the case may be, to be the original document containing or summarising the evidence or a true copy of that document.
4
Nothing in this article shall prejudice the admission of any evidence, whether contained in any document or otherwise, which is admissible apart from this article.
Representation of government of a designated country
6
A request for assistance sent to the Secretary of State by the appropriate authority of a designated country shall, unless the contrary is shown, be deemed to constitute the authority of the government of that country for the Crown Prosecution Service or the Commissioners of Customs and Excise to act on its behalf in any proceedings in the High Court under section 97 of the Act or any other provision of the Act as applied by article 3(2) above.
Satisfaction of confiscation order in a designated country
7
1
Where–
a
a confiscation order has been made under section 71 of the Act; and
b
a request has been sent by the Secretary of State to the appropriate authority of a designated country for assistance in enforcing that order; and
c
in execution of that request property is recovered in that country,
the amount payable under the confiscation order shall be treated as reduced by the value of the property so recovered.
2
For the purposes of this article, and without prejudice to the admissibility of any evidence which may be admissible apart from this paragraph, a certificate purporting to be issued by or on behalf of the appropriate authority of a designated country stating that property has been recovered there in execution of a request by the Secretary of State, stating the value of the property so recovered and the date on which it was recovered shall, in any proceedings in a court in England and Wales, be admissible as evidence of the facts so stated.
Currency conversion
8
1
Where the value of property recovered as described in article 7(1) above is expressed in a currency other than that of the United Kingdom, the extent to which the amount payable under the confiscation order is to be reduced under that paragraph shall be calculated on the basis of the exchange rate prevailing on the date on which the property was recovered in the designated country concerned.
2
Where an amount of money payable or remaining to be paid under an external confiscation order registered in the High Court under section 97 of the Act is expressed in a currency other than that of the United Kingdom, for the purpose of any action taken in relation to that order under the Act as applied under article 3(2) above the amount shall be converted into the currency of the United Kingdom on the basis of the exchange rate prevailing on the date of registration of the order.
3
For the purposes of this article a written certificate purporting to be signed by any person acting in his capacity as an officer of any bank in the United Kingdom and stating the exchange rate prevailing on a specified date shall be admissible as evidence of the facts so stated.
G. I. de Deney
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
This Order may be cited as the Education (National Curriculum) (Assessment Arrangements for Technology) (Key Stage 1) Order 1991 and shall come into force on 1st August 1991.
2
1
In this Order —
“the associated document” means the document published by Her Majesty’s Stationery Office entitled “Technology in the National Curriculum” (which document has effect by virtue of the 1990 Order );
“maintained school” has the meaning assigned to it by section 25(1) of the Education Reform Act 1988;
“profile components” means the attainment target and the groupings of attainment targets in technology specified in the Schedule hereto;
“ SATs ” means standard assessment tasks, being tests designed to assess a pupil’s achievements in relation to attainment targets in technology contained in documents published by or on behalf of the School Examinations and Assessment Council;
“summer term” means the third term in a school year;
“the subject” means technology;
“the 1990 order ” means the Education (National Curriculum) (Attainment Targets and Programmes of Study in Technology) Order 1990 ;
references to the first key stage are references to the period set out in paragraph (a) of section 3(3) of the Education Reform Act 1988; and
references to levels of attainment, attainment targets and programmes of study are references to the levels, targets and programmes set out in the associated document.
2
In this Order unless the context otherwise requires any reference to a numbered article is a reference to the article in this Order so numbered and any reference to a numbered paragraph is a reference to the paragraph so numbered in the article in which the reference appears.
3
The provisions of this Order apply in respect of pupils in the final year of the first key stage, and shall come into force on 1st August 1991.
Method of assessment
4
1
Each pupil shall be assessed by a teacher during the summer term in accordance with the provisions of this article.
2
The purpose of the assessment shall be to determine the level of attainment achieved by the pupil in relation to each attainment target specified for the subject which applies to him.
3
The teacher shall not later than one month before the end of the summer term mentioned in paragraph (1) assess the pupil and record the results of the assessment.
4
Subject to paragraph (5), the record of the results shall consist of a statement of each level of attainment achieved by the pupil in relation to every attainment target mentioned in paragraph (2).
5
Where it appears to the teacher that the pupil’s level of attainment in any attainment target is higher than level 3, but the teacher is unable to state that level in reliance on his assessment of the pupil under this article, the pupil shall be recorded as having achieved level 3.
6
In making an assessment of a pupil pursuant to this article the teacher shall take into account any guidance on assessment issued by the local education authority (in the case of a school maintained by such an authority) or by or on behalf of the governing body (in the case of a grant-maintained school), and may take into account the results of any previous assessments of the pupil including assessments by means of SATs, whether or not the previous assessments were made by that teacher.
Determination of attainment by profile component
5
1
Subject to article 7 the provisions of this article regulate the determination of profile component levels of attainment.
2
In the case of the profile component entitled “Information Technology Capability”, the level of attainment shall be the pupil’s level of attainment for the attainment target so entitled.
3
In the case of the profile component entitled “Design and Technology Capability”, the level of attainment shall be the average of the levels attained by the pupil in the four attainment targets comprising that profile component.
4
Where the average referred to in paragraph (3) is not a whole number, it shall be rounded to the nearest whole number, the fraction of one half being rounded upwards to the next whole number.
Determination of attainment by subject
6
1
Subject to article 7 the provisions of this article regulate the aggregation of profile component levels of attainment to determine the subject level of attainment.
2
A pupil’s level of attainment in the subject shall be the average of the profile component levels of attainment in the subject, calculated in accordance with paragraph (3).
3
a
where the average number is not a whole number it shall be rounded to the nearest whole number;
b
where the average number contains the fraction of one half, it shall be rounded up to the nearest whole number; and
c
the profile components shall be weighted by the following factors:
Design and Technology 4 Information Technology 1.
4
The results of the application of the provisions of this article and of articles 4 and 5 in relation to a pupil shall be recorded in a statement consisting of his level of attainment in the subject and each attainment target and profile component of the subject.
Pupils not subject to provisions of the National Curriculum
7
1
Articles 5 and 6 shall have effect in relation to pupils in maintained schools as respects whom provisions of the National Curriculum do not apply (including pupils with statements of special educational needs) with the modifications specified in this article.
2
Where one third or fewer of the attainment targets in a profile component do not apply to such a pupil, article 5 shall have effect as if the number of attainment targets applying to the pupil were the total number of attainment targets in that profile component.
3
Where more than one third of the attainment targets in a profile component do not apply to such a pupil, article 5 shall not apply for the purpose of determining the pupil’s profile component level of attainment.
4
Where by virtue of paragraph (3) one or more profile component levels of attainment cannot be determined, paragraphs (1) — (3) of article 6 shall not apply.
5
Article 6(4) shall apply in respect of all levels of attainment in attainment targets, profile components and the subject which have been assessed in relation to the pupil.


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Special Hospitals ServiceAuthority (Functions and Membership) Amendment Regulations 1991 andshall come into force on 15th May 1991.
2
In these Regulations,“the principal Regulations ” means the Special Hospitals Service Authority (Functions andMembership) Regulations 1989 .
Amendment of regulation 2 of the principal Regulations
2
In regulation 2 of the principal Regulations (functions of theAuthority)
, after paragraph (4) there shall be added the followingparagraph —
5
In exercise of the Secretary of State’s functions specified inthe Schedule to these Regulations under section 25 of the Act, suchcharges shall be made with respect to the supplies of human blood as aredetermined by the Secretary of State.
.
Amendment of Schedule to the principal Regulations
3
In columns (1) and (2) of the Schedule to the principal Regulations(provisions of the National Health Service Act 1977 conferring functionsexercisable by the Authority) , in the appropriate places in the numerical order of the sections listed in column (1) of that Schedule there shall be inserted theentries listed in columns (1) and (2) respectively of the Schedule tothese Regulations.
Signed by authority of the Secretary of State for Health.
Stephen Dorrell
Parliamentary Under-Secretary of State,
Department of Health
17th April 1991


text:
Title and commencement
1
These Regulations may be cited as the Feeding Stuffs (Amendment) Regulations 1991, and shall come into force on 30th July 1991.
Further amendment of the Feeding Stuffs Regulations 1988
2
The Feeding Stuffs Regulations 1988 are hereby further amended in accordance with regulation 3.
3
1
In Schedule 4, for paragraph 8 there shall be substituted the following paragraph:
8
No material shall contain any added aromatic or appetising substance other than one named or described in column 2 of Part VII, or any such substance specified which, taking account of any such substance which is naturally present, exceeds the maximum content (if any) specified in relation thereto in column 5 of that Part. No material shall contain any substance specified in column 2 of Part VII unless the material is for an animal listed opposite the substance in question in column 4 of that Part.
2
In Part II of the table in Schedule 4 (“PERMITTED COLOURANTS”), in the provision relating to astaxanthin for trout and salmon in column 1 (“ EEC No”) there shall be inserted “E161j”.
3
In Part IV of the table in Schedule 4 (“PERMITTED BINDERS, ANTI-CAKING AGENTS AND COAGULANTS”), in CHAPTER B before the provisions relating to bentonite and montmorillonite there shall be inserted the following provisions:
E553
Sepiolite
Hydrated magnesium silicate of sedimentary origin, containing at least 60% sepiolite and maximum 30% montmorillonite.
Asbestos free
All species of animals 20,000 All feeding stuffs
4
In Schedule 4 (“AROMATIC AND APPETISING SUBSTANCES”), for Part VII of the table there shall be substituted the contents of Part I of the Schedule to these Regulations.
5
In Schedule 7 —
a
after item 1.4 (“ Lower fungi ”) there shall be inserted the contents of Part II of the Schedule to these Regulations;
b
after the provisions relating to the product itemised at 3.1.3 in column 2 there shall be inserted the following provisions:
3.1.4 Concentrated liquid sodium DL-methionine technically pure (CH 3 S(CH 2 ) 2 — CH( NH 2 ) — COO)Na — DL-methionine minimum 40.0% Sodium: minimum 6.2% All animal species Declarations to be made on the label or packaging of the product: — the name “concentrated liquid sodium DL-methionine” — — methionine content — moisture content.
c
after the provisions relating to the product itemised at 3.2.5 in column 2 there shall be inserted the following provisions:
3.2.6 L-lysine phospate and its by-products produced by fermentation with Brevibacterium lactofermentum [NH 2 — (CH 2 ) 4 — CH(NH 2 ) — COOH]H 3 PO 4 Sucrose ammonia and fish solubles L-lysine minimum 35% Phosphorus: minimum 4.3% Poultry, pigs Declaration to be made on the label or packaging of the product: — the name “L-lysine phosphate and its by products from fermentation” — L-lysine and moisture content
d
for the provisions relating to item 4 (“Hydroxy-analogues of amino acids”) there shall be substituted the contents of Part III of the Schedule to these Regulations.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 20th June 1991.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Strathclyde
Parliamentary Under Secretary of State, Scottish Office
25th June 1991
Nicholas Bennett
Parliamentary Under Secretary of State, Welsh Office
26th June 1991


text:
1
1
This Order may be cited as the Traffic Areas (Reorganisation) Order 1991.
2
The provisions of the Order shall come into force on 1st June 1991 or 2 months after the day on which this Order is approved by resolution of each House of Parliament (whichever is the later).
2
1
The Traffic Areas (Reorganisation) Order 1990 shall be amended as follows.
2
In Schedule 1, in the entry relating to the North-Western Traffic Area, after the word “Clwyd” in column 2 there shall be inserted the word “Cumbria”.
Signed by authority of the Secretary of State for Transport
Christopher Chope
Parliamentary Under Secretary of State,
Department of Transport
12th February 1991


text:
Citation, commencement and revocation
1
This Order may be cited as the Sealink (Transfer of Portsmouth Harbour Railway Jetty) Harbour Revision Order 1991 and shall come into force on 15th November 1991.
2
1
The Sealink (Transfer of Lasnding Stage at Portsmouth Harbour) Harbour Revision Order 1991 is hereby revoked.
2
For the avoidance of doubt it is hereby declared that nothing in the Order revoked by paragraph (1) above shall be deemed to have affected the operation of the Portsea Harbour Act 1984 of the Portsea Harbour Revision Order 1986 and accordingly the said Act of 1984 and the said Order of 1986 shall continue to have effect as if the Order revoked by paragraph (1) above had not been made.
Interpretation
3
1
In this Order, unless the context otherwise requires —
“the Company” means Wightlink Limited;
“the day of transfer” means the day after the day on which expires a period of four weeks beginning with the day on which this Order comes into force;
“Sealink” means Sealink Harbours Limited;
“the transferred harbour” means so much of the Portsmouth Harbour Railway Jetty situated at Portsmouth Harbour Railway Station as regards which there are vested in Sealink immediately before the day of transfer statutory powers or duties of improvement, maintenance or management;
“Trinity House” means the Corporation of Trinity House of Deptford Strond.
2
In this order a reference to the undertaking of Sealink at the transferred harbour a reference to the powers, duties, property, rights and liabilities of Sealink in relation to that harbour which are transferred by this Order.
Designation of Company as harbour authority
4
On the day of transfer the Company shall become the harbour authority for the transferred harbour and Sealink shall cease to be the harbour authority for that harbour.
Transfer of functions, property etc.
5
1
On the day of transfer all property vested in Sealink comprising, or held by it for the purposes of, the transferred harbour and all rights and liabilities enjoyed or incurred by it for the purposes of the transferred harbour shall be transferred to and vested in the Company.
2
On the day of transfer the powers and duties conferred or imposed on Sealink by any statutory provision of local application applied in relation to it by the Scheme dated 27th October 1981 made by Sealink U.K Limited pursuant to section 2 of the Transport Act 1981 and approved by the Secretary of State with modifications on 5th July 1982 read with Schedule 4 to the Transport Act 1968 as applied by the said section 2 (subject to any subsequent repeal or amendment of any such statutory provision), or by any enactment subsequent to that Scheme, for the purpose of, or in connection with, the improvement, maintenance or management of the transferred harbour shall be transferred to the Company and accordingly as from that day any such statutory provision of local application shall, so far as it relates to the transferred harbour and with any necessary modifications, apply in relation to the Company as if for references to Sealink there were substituted (unless the context otherwise requires) references to the Company.
Saving of byelaws etc.
6
As from the day of transfer any byelaw, regulation, licence or consent made, issued or granted by Sealink in relation to the transferred to the transferred harbour and in force immediately before that day shall notwithstanding the making of this Order continue in force and shall be deemed to have been made, issued or granted by the Company.
Saving of agreements etc.
7
All sales, conveyances, leases, grants, assurances, deeds, contracts, bonds, agreements, notices and demands affecting the undertaking of Sealink at the transferred harbour and in force immediately before the day of transfer (other than any lease or deed the parties to which include both Sealink and the Company) shall (in so far as they relate to that undertaking) on and from that day be as binding and of as full force and effect in every respect and may be enforced as fully and effectively against or in favour of the Company as if (except in any case where the Company as agent for Sealink is already a party thereto, or bound thereby or entitled to the benfit thereof) the Company instead of Sealink had been a party thereto or bound thereby or entitled to the benefit thereof.
Continuance of proceedings
8
Nothing in this Order shall release, discharge or suspend any action, arbitration or other proceeding, pending or existing immediately before the day of transfer by or in favour of or against Sealink or by or in favour of or against the Company as agent for Sealink, in relation to Sealink’s undertaking at the transferred harbour and any such action, arbitration or proceeding or cause of action, arbitration or proceeding (other than anaction, arbitration or proceeding which is or may be an issue between Sealink and the Company or Sea Container Limited.) may be maintained, prosecuted or continued by or in favour of or against the Company and may be amended in such manner as may be necessary for that purpose.
Charges
9
1
On and after the day of transfer the Company shall in the exercise of statutory powers and duties at the transferred harbour, have power to make such reasonable charges for its services and facilities as it thinks fit.
2
This article does not apply in relation to —
a
ship, passenger and goods dues; or
b
charges ascribable to the running of a ferry service in or from a harbour;
and does not authorise the making of any charge in a case where an enactment relating to the transferred harbour expressly provides for freedom from charges or otherwise prohibits the making of any charge.
Disposal of property no longer required for the transferred harbour
10
On and after the day of transfer the Company, in respect of property vested in it and held for the purposes of the transferred harbour which is no longer required for those purposes, may dispose of such property in such manner, whether by way of sale, exchange, lease, the creation of any easement, right or privilege or otherwise, for such period, upon such conditions and for such consideration as it thinks fit.
Trinity House
11
1
None of the provisions of this Order shall prejudice or derogate from any of the powers, rights, duties or privileges of Trinity House.
2
Section 78 of the Harbours, Docks and Piers Clauses Act 1847 is hereby incorporated with this Order.
Signed by authority of the Secretary of State for Transport
H.B. Wenban-Smith
An Under Secretary in the
Department of Transport
14th November 1991


text:
Citation and commencement
1
1
This Order may be cited as the Berkshire, Buckinghamshire, Hampshire, Oxfordshire and Surrey (County Boundaries) Order 1991.
2
This Order shall come into force on 15th March 1991 for any purpose set out in regulation 4(1) (coming into operation of order) of the Local Government Area Changes Regulations 1976 .
3
For all other purposes this Order shall come into force on 1st April 1991.
Interpretation
2
In this Order, “boundary map” means one of the 29 maps prepared by the Department of the Environment, marked “Maps of the Berkshire, Buckinghamshire, Hampshire, Oxfordshire and Surrey (County Boundaries) Order 1991” duly numbered for reference, and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976.
Transfers between local government areas
3
The areas marked as indicated in column 2 of the Schedule to this Order on the boundary map indicated in column I of that Schedule shall be transferred —
a
from one county to another as specified in the heading to each Part of that Schedule;
b
from the district specified in column 3 of that Schedule;
c
from the parish (if any is named) specified in column 4 of that Schedule;
d
to the district specified in column 5 of that Schedule;
e
to the ward specified in column 6 of that Schedule (being a ward of the district to which the area is transferred);
f
to the parish (if any is named) specified in column 7 of that Schedule;
g
to the ward (if any is named) specified in column 8 of that Schedule (being a ward of the parish to which the area is transferred);
h
to the electoral division specified in column 9 of that Schedule (being an electoral division of the county to which the area is transferred);
i
to the petty sessional division (if any is named) specified in column 10 of that Schedule; and
j
to the coroner’s district specified in column 11 of that Schedule.
Town and country planning
4
Any provision of a development plan applying to an area transferred by this Order shall continue to apply thereto notwithstanding the transfer; and after such transfer, any such provision shall, in so far as it so applies, be for all purposes deemed to be a provision of a corresponding plan of the authority which becomes the appropriate local planning authority for the transferred area as a result of the transfer.
Retained property
5
Numbers 1 and 2 London Road, Ascot which are transferred by this Order to the district of the Royal Borough of Windsor and Maidenhead in Berkshire are hereby specified in relatinon specified in relation to regulation 62(1)(b) of the Local Government Area Changes Regulations 1976.
Signed by authority of the Secretary of State for the Environment
Emily Blatch
Parliamentary Under Secretary of State,
Department of the Environment
18th February 1991


text:
Citation and commencement
1
This Order may be cited as the Motor Vehicles (International Circulation) (Amendment) Order 1991 and shall come into force on 1st April 1991.
Visiors' driving permits
2
In Article 2 (visitors' driving permits) of the Motor Vehicles (International Circulation) Order 1975 —
a
in paragraph (1) afetr the words “a motor vehicle of any class” there shall be inserted the words “other than a large goods vehicle or a passenger-carrying vehicle”;
b
in paragraph (2) for the words “public service vehicle or heavy goods vehicle”, in each place where they occur, there shall be submitted the words “large goods vehicle or passenger-carrying vehicle” and for the words “either of such a licence as is required by section 22 of the Public Passenger Vehicles Act 1981 , or of such a licence as is required by section 110 of the said Act of 1988 ” there shall be substituted the words “of a large goods vehicle driver’s licence or a passenger-carrying vehicle driver’s licence”;
c
in paragraph (3)(a) and (b) for the words “public service vehicle”, in each place where they occur, there shall be substituted the words “passenger-carrying vehicle” and for the words “such a licence as is required by section 22 of the Public Passenger Vehicles Act 1981” there shall be substituted the words “a passenger-carrying vehicle driver’s licence”; and
d
in paragraph (7) after the definition of “public service vehicle” there shall be inserted the following definition: —
and “large goods vehicle”, “passenger-carrying vehicle”, “large goods vehicle driver’s licence” and “passenger-carrying vehicle driver’s licence” have the same meaning as in Part IV of the Road Traffic Act 1988
.
3
In Article 3, paragraph (1), of that Order after the words “a motor vehicle of any class” there shall be inserted the words “other than a large goods vehicle or a passenger-carrying vehicle”.
G. I. de Deney
Clerk of the Privy Council


text:
1
These Regulations may be cited as the Data Protection (Fees)Regulations 1991 and shall come into force on 1st June 1991.
2
The fee payable under section 6(7) of the Data Protection Act 1984on an application for registration and under section 8(5) of that Act onan application for the renewal of registration shall be £75.
3
The Data Protection (Fees) Regulations 1988 are hereby revoked.
Kenneth Baker
One of Her Majesty’s Principal Secretaries of State
Home Office
8th May 1991
We approve of these Regulations
Sydney Chapman
Greg Knight
Two of the Commissioners of Her Majesty’s Treasury
9th May 1991


text:
Citation and commencement
1
These Regulations may be cited as the Pensions Increase (Speaker'sPensions) (Amendment) Regulations 1991, and shall come into force on 8thApril 1991.
Interpretation
2
In these Regulations–
“the principal Regulations ” means the Pensions Increase (Speaker’s Pensions) Regulations 1972 ;
3
The principal Regulations shall be amended–
1
by deleting regulation 4, the words“Subject to paragraph (2) below” in regulation 5(1), regulation 5(2), the words“Subject to paragraph (3) below” in regulation 6(2), and regulation 6(3);
2
by inserting after the words“subject to sub-paragraph (c)” in regulation 6(2)(b) the words“or (d)”;
3
by inserting after the words“in the case of a person who ceases to hold office as Speaker of theHouse of Commons”, in regulation 6(2)(c) the words“before 28th February 1991 and”; and
4
by inserting after regulation 6(2)(c) the following:
d
in the case of the person who held the office of Speaker of theHouse of Commons on 28th February 1991, on the date of the last increasein the annual amount of the salary payable in respect of that officebefore that person ceases to hold such office, notwithstanding that thatdate may precede the date when the person actually ceases to hold suchoffice.
Gregory Knight
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
21st March 1991


text:
Citation and commencement
1
1
This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session Amendment No. 1) (Fees of Solicitors) 1991 and shall come into force on 11th March 1991.
2
This Act of Sederunt shall be inserted in the Books of Sederunt.
Amendment of the Rules of the Court of Session
2
1
The Rules of the Court of Session shall he amended in accordance with the following paragraphs.
2
In rule 347(d) (additional fee) —
a
omit the word “and” at the end of paragraph (6); and
b
in paragraph (7) after the word “account”, insert the following: —
; and
8
the steps taken with a view to settling the litigation, limiting the matters in dispute or limiting the scope of any hearing.
.
3
In Part IV of Chapter III of rule 347 (Defended Actions) for paragraphs 15 and 16, substitute the following paragraphs: —
15
Settlement
a
Settlement by Tender-Fees for either party: —
i
Basic fee for lodging or for considering first tender
£60.00
ii
Fee for lodging, or for considering, each further tender
£40.00
iii
If tender accepted, an additional fee to each party
£40.00
b
Extrajudicial settlement —
Basic fee for advising on, negotiating and agreeing extra-judicial settlement (not based on judicial tender) to include preparation and lodging of joint minute
£100.00
c
In addition to any fee awarded under subparagraph (a) or (b), the Auditor may allow a further fee in respect of additional work undertaken with a view to settlement (whether or not settlement is in fact agreed), including offering settlement, not exceeding
£200.00
16
Hearing Limitation Fee —
to include all work undertaken with a view to limiting the matters in dispute or limiting the scope of any hearing, and including exchanging documents, precognitions and expert reports, agreeing any fact, statement or document not in dispute, and preparing and lodging any joint minute
£250.00.
.
J. A. D. Hope
Lord President, IPD
Edinburgh
14th February 1991


text:
Title, commencement and extent
1
1
This Order may be cited as the Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) Order 1991 and shall come into force on 1st July 1991.
2
This Order extends to England and Wales only.
Interpretation
2
1
In this Order–
“a court of a designated country” includes a court of any state or territory of a designated country;
“appropriate authority of a designated country” means–
the authority specified opposite that country in Schedule 2 to this Order, or
where no authority is so specified, the authority appearing to the court to be the appropriate authority for the purposes of this Order;
“constable” includes a person commissioned by the Commissioners of Customs and Excise;
“designated country” means a country or territory designated under article 4 of this Order;
“drug trafficking offence” means any offence corresponding to or similar to–
an offence under section 4(2) or (3) or 5(3) of the Misuse of Drugs Act 1971 (production, supply and possession for supply of controlled drugs);
an offence under section 20 of that Act (assisting in or inducing commission outside United Kingdom of an offence punishable under a corresponding law);
an offence under–
section 50(2) or (3) of the Customs and Excise Management Act 1979 (improper importation),
section 68(2) of that Act (exportation), or
section 170 of that Act (fraudulent evasion),
in connection with a prohibition or restriction on importation or exportation having effect by virtue of section 3 of the Misuse of Drugs Act 1971;
an offence under section 24 of the Drug Trafficking Offences Act 1986 ;
an offence under section 12, 14 or 19 of the 1990 Act ;
an offence under section 1 of the Criminal Law Act 1977 of conspiracy to commit any of the offences in paragraphs (a) to (e) above;
an offence under section 1 of the Criminal Attempts Act 1981 of attempting to commit any of those offences;
an offence of inciting another to commit any of those offences, whether under section 19 of the Misuse of Drugs Act 1971 or at common law; and
aiding, abetting, counselling or procuring the commission of any of those offences;
“property” includes money and all other property, real or personal, heritable or moveable, including things in action and other intangible or incorporeal property;
“the 1990 Act” means the Criminal Justice (International Co-operation) Act 1990.
2
This Order applies to property whether it is situated in England or Wales or elsewhere.
3
The following provisions shall have effect for the interpretation of this Order.
4
Property is held by any person if he holds any interest in it.
5
Proceedings are instituted in a designated country when–
a
under the law of the designated country concerned one of the steps specified in relation to that country in the right-hand column of Schedule 1 to this Order has been taken there in respect of an alleged drug trafficking offence; or
b
an application has been made to a court in a designated country for an external forfeiture order,
and where the application of this paragraph would result in there being more than one time for the institution of proceedings, they shall be taken to have been instituted at the earliest of those times.
6
Proceedings are concluded–
a
when (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of a forfeiture order being made in the proceedings;
b
on the satisfaction of a forfeiture order made in the proceedings (whether by the recovery of all property liable to be recovered, or otherwise).
7
An order is subject to appeal until (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of an appeal on which the order could be varied or set aside.
External forfeiture orders
3
1
An order made by a court in a designated country for the forfeiture and destruction or forfeiture and other disposal, of anything in respect of which a drug trafficking offence has been committed or which was used in connection with the commission of such an offence is referred to in this Order as an “external forfeiture order”.
2
In paragraph (1) above the reference to an order includes any order, decree, direction or judgment, or any part thereof, however described.
3
A person against whom an external forfeiture order has been made, or a person against whom proceedings which may result in an external forfeiture order being made have been, or are to be, instituted in a court in a designated country, is referred to as “the defendant”.
Designation of countries and territories
4
Each of the countries and territories specified in Schedule 2 to this Order is hereby designated for the purposes of section 9 of the 1990 Act.
Restraint Orders
5
1
The High Court may in accordance with this paragraph by an order (referred to in this Order as a “restraint order”) prohibit any person, subject to such conditions and exceptions as may be specified in the order, from dealing with any property liable to forfeiture, that is to say, any property in respect of which an external forfeiture order has been made or in respect of which such an order could be made in the proceedings referred to in paragraphs (2) or (3) below.
2
A restraint order may be made where–
a
proceedings have been instituted against the defendant in a designated country,
b
the proceedings have not been concluded, and
c
either an external forfeiture order has been made in the proceedings or it appears to the High Court that there are reasonable grounds for believing that such an order may be made in them.
3
A restraint order may also be made where–
a
it appears to the High Court that proceedings are to be instituted against the defendant in a designated country; and
b
it appears to the court that there are reasonable grounds for believing that an external forfeiture order may be made in them.
4
Where the court has made an order under paragraph (1) above by virtue of paragraph (3) above, the court shall discharge the order if the proposed proceedings are not instituted within such time as the court considers reasonable.
5
A restraint order–
a
may be made only on an application by or on behalf of the government of a designated country or, in a case where an external forfeiture order has been registered under article 10 of this Order, by a Crown Prosecutor or a person authorised in that behalf by the Commissioners of Customs and Excise,
b
may be made on an ex parte application to a judge in chambers, and
c
notwithstanding anything in Order 11 of the Rules of the Supreme Court may provide for service on, or the provision of notice to, persons affected by the order in such manner as the High Court may direct.
6
A restraint order–
a
may be discharged or varied in relation to any property, and
b
shall be discharged when the proceedings in relation to which the order was made are concluded.
7
An application for the discharge or variation of a restraint order may be made by any person affected by it.
8
Where the High Court has made a restraint order, the court may at any time appoint a receiver–
a
to take possession of any property specified in the restraint order, and
b
in accordance with the court’s directions, to manage or otherwise deal with any property in respect of which he is appointed,
subject to such exceptions and conditions as may be specified by the court, and may require any person having possession of property in respect of which a receiver is appointed under this article to give possession of it to the receiver.
9
For the purposes of this article, dealing with property held by any person includes (without prejudice to the generality of the expression) removing the property from England and Wales.
10
Where a restraint order has been made, a constable may for the purpose of preventing any property specified in the restraint order being removed from England and Wales seize the property.
11
Property seized under paragraph (10) above shall be dealt with in accordance with the directions of the court which made the order.
Applications for restraint orders
6
An application under article 5(5) of this Order shall be supported by an affidavit which shall–
a
state, where applicable, the grounds for believing that an external forfeiture order may be made in the proceedings instituted or to be instituted in the designated country concerned;
b
to the best of the deponent’s ability, give particulars of the property in respect of which the order is sought and specify the person or persons holding such property;
c
in a case to which article 5(3) of this Order applies, indicate when it is intended that proceedings should be instituted in the designated country concerned,
and the affidavit may, unless the court otherwise directs, contain statements of information or belief with the sources and grounds thereof.
Disposal of forfeited property
7
1
Where an external forfeiture order has been registered in the High Court under article 10 of this Order, the High Court may, on the application of a Crown Prosecutor or a person authorised in that behalf by the Commissioners of Customs and Excise, order the forfeiture of the property specified in the external forfeiture order.
2
Property forfeited under paragraph (1) above shall be disposed of in accordance with the court’s directions.
3
The court shall not in respect of any property exercise the powers conferred by paragraphs (1) and (2) above unless a reasonable opportunity has been given for persons holding any interest in the property to make representations to the court.
Exercise of powers by High Court or receiver
8
1
This article applies to the powers conferred on the High Court by articles 5 and 7 above or on a receiver appointed under article 5 of this Order.
2
The powers shall be exercised with a view to recovering property which is liable to be recovered under an external forfeiture order registered in the High Court under article 10 of this Order or, as the case may be, with a view to recovering property which maybecome liable to be recovered under any external forfeiture order which may be made in the defendant’s case.
Receivers: Supplementary provisions
9
1
Where a receiver appointed under article 5 of this Order takes any action–
a
in relation to property which is not liable to recovery under an external forfeiture order, being action which he would be entitled to take if it were such property,
b
believing, and having reasonable grounds for believing, that he is entitled to take that action in relation to that property,
he shall not be liable to any person in respect of any loss or damage resulting from his action except in so far as the loss or damage is caused by his negligence.
2
Any amount due in respect of the remuneration and expenses of a receiver so appointed shall be paid by the person on whose application the receiver was appointed.
Registration of external forfeiture orders
10
1
On an application made by or on behalf of the government of a designated country, the High Court may register an external forfeiture order made there if–
a
it is satisfied that at the time of registration the order is in force and not subject to appeal;
b
it is satisfied, where the person against whom the order is made did not appear in the proceedings, that he received notice of the proceedings in sufficient time to enable him to defend them; and
c
it is of the opinion that enforcing the order in England and Wales would not be contrary to the interests of justice.
2
In paragraph (1) above “appeal” includes–
a
any proceedings by way of discharging or setting aside a judgment; and
b
an application for a new trial or a stay of execution.
3
The High Court shall cancel the registration of an external forfeiture order if it appears to the court that the order has been satisfied by the forfeiture of the property liable to be recovered under the external forfeiture order or by any other means.
Proof of orders and judgment of court in a designated country
11
1
For the purposes of this Order–
a
any order made or judgment given by a court in a designated country purporting to bear the seal of that court, or to be signed by any person in his capacity as a judge, magistrate or officer of the court, shall be deemed without further proof to have been duly sealed or, as the case may be, to have been signed by that person; and
b
a document, duly authenticated, which purports to be a copy of any order made or judgment given by a court in a designated country shall be deemed without further proof to be a true copy.
2
A document purporting to be a copy of any order made or judgment given by a court in a designated country is duly authenticated for the purposes of paragraph (1)(b) above if it purports to be certified by any person in his capacity as a judge, magistrate or officer of the court in question or by or on behalf of the appropriate authority of the designated country.
Evidence in relation to proceedings and orders in a designated country
12
1
For the purposes of this Order, a certificate purporting to be issued by or on behalf of the appropriate authority of a designated country stating–
a
that proceedings have been instituted and have not been concluded, or that proceedings are to be instituted, there;
b
that an external forfeiture order is in force and is not subject to appeal;
c
that property recoverable in the designated country under an external forfeiture order remains unrecovered there;
d
that any person has been notified of any proceedings in accordance with the law of the designated country; or
e
that an order (however described) made by a court of the designated country is for the forfeiture and destruction or the forfeiture and other disposal of anything in respect of which a drug trafficking offence has been committed or which was used in connection with the commission of such an offence,
shall, in any proceedings in the High Court, be admissible as evidence of the facts so stated.
2
In any such proceedings a statement contained in a document, duly authenticated, which purports to have been received in evidence or to be a copy of a document so received, or to set out or summarise evidence given in proceedings in a court in a designated country, shall be admissible as evidence of any fact stated therein.
3
A document is duly authenticated for the purposes of paragraph (2) above if it purports to be certified by any person in his capacity as judge, magistrate or officer of the court in the designated country, or by or on behalf of the appropriate authority of the designated country, to have been received in evidence or to be a copy of a document so received, or, as the case may be, to be the original document containing or summarising the evidence or a true copy of that document.
4
Nothing in this article shall prejudice the admission of any evidence, whether contained in any document or otherwise, which is admissible apart from this article.
Certificate of appropriate authority
13
Where in relation to any designated country no authority is specified in Schedule 2 to this Order, a certificate made by the Secretary of State to the effect that the authority specified therein is the appropriate authority for the purposes of this Order shall be sufficient evidence of that fact.
Representation of government of a designated country
14
A request for assistance sent to the Secretary of State by the appropriate authority of a designated country shall, unless the contrary is shown, be deemed to constitute the authority of the government of that country for the Crown Prosecution Service or the Commissioners of Customs and Excise to act on its behalf in any proceedings in the High Court under article 10 or any other provision of this Order.
G. I. de Deney
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Income Support(General) Amendment (No. 3) Regulations 1991 and shall come into forceon 20th May 1991.
2
In these Regulations“the General Regulations ” means the Income Support (General) Regulations 1987
Amendment of regulation 19 of the General Regulations
2
In regulation 19 of the General Regulations (applicable amounts forpersons in residential care and nursing homes) after paragraph (1) thereshall be inserted the following paragraph —
1ZA
A person to whom paragraph (1) applies shall be treated as notbeing severely disabled.
.
Amendment of regulation 21 of the General Regulations
3
In regulation 21 of the General Regulations (special cases) afterparagraph (1) there shall be inserted the following paragraph —
1A
Except where the amount prescribed in Schedule 7 in respect of aperson to whom paragraph (1) applies includes an amount applicable underregulation 17(1)(d) or 18(1)(e), a person to whom paragraph (1) appliesshall be treated as not being severely disabled.
.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
17th April 1991


text:
Citation and commencement
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No. 1) Regulations 1991 and shall come into force on 1st November 1991.
Preliminary
2
1
The Road Vehicles (Construction and Use) Regulations 1986 shall be further amended in accordance with the provisions of these Regulations.
2
The Secretary of State is satisfied that —
a
it is requisite that the provisions of regulations 3, 4 and 5 shall apply as from 1st November 1991 to vehicles registered under the Vehicles (Excise) Act 1971 before the expiration of one year from the making of these Regulations; and
b
notwithstanding that the said provisions will then apply to those vehicles, no undue hardship or inconvenience will be caused thereby.
Amendments to provisions concerning composite trailers
3
For the definition of “converter dolly” in the Table in regulation 3(2) there shall be substituted —
a
a trailer which is —
i
equipped with 2 or more wheels,
ii
designed to be used in combination with a semi-trailer without any part of the weight of the semi-trailer being borne by the drawing vehicle, and
iii
not itself a part either of the semi-trailer or the drawing vehicle when being so used; or
b
a trailer which is —
i
equipped with 2 or more wheels;
ii
designed to be used in combination with a semi-trailer with part of the weight of the semi-trailer being borne by the drawing vehicle;
iii
not itself a part either of the semi-trailer or the drawing vehicle when being so used; and
iv
used solely for the purposes of agriculture, horticulture or forestry, or for any two or for all of those purposes.
4
In Part II of Schedule 8, at the end of note (b) there be added the words “manufactured before lst February 1992”.
Amendments to regulation 61 (emission of smoke, vapour, gases, oily substances, etc. )
5
1
Regulation 61 shall be amended as follows —
2
In paragraph (1), after the word “constructed” there shall be inserted the words “and maintained”.
3
After paragraph (3A) there shall be inserted the following paragraphs —
3B
Instead of complying with paragraph (1) a vehicle may comply with a relevant instrument.
3C
Instead of complying with such provisions of items 1, 2 and 3 in Table I as apply to it, a vehicle may at the time of its first use comply with a relevant instrument.
.
4
In paragraph (4), for the words from the beginning to “comply” there shall be substituted the words “For the purposes of paragraphs (3B) and (3C), a reference to a vehicle complying with a relevant instrument is a reference to a vehicle complying”.
5
After paragraph (10) there shall be inserted the following paragraphs —
10A
Without prejudice to paragraphs (1) and (7) no person shall use, or cause or permit to be used on a road, a vehicle first used on or after the I August 1975 and propelled by a four-stroke spark ignition engine, unless the vehicle is in such a condition that, when the engine is idling —
a
the carbon monoxide content of the exhaust emissions from the engine does not exceed —
i
in the case of a vehicle first used on or after 1 August 1983, 4.5% or
ii
in any other case, 6%;
of the total exhaust emissions from the engine by volume; and
b
the hydrocarbon content of those emissions does not exceed 0. 12% of the total exhaust emissions from the engine by volume.
10B
Paragraph (10A) does not apply to —
a
a vehicle if at the date that the engine was manufactured, that engine was incapable of meeting the requirements specified in that paragraph;
b
a vehicle being driven to a place where it is to undergo repairs;
c
a vehicle which was constructed or assembled by a person not ordinarily engaged in the business of manufacturing motor vehicles of that description;
d
an exempt vehicle within the meaning given by paragraph (12)(a) above;
e
a goods vehicle with a maximum gross weight exceeding 3,500 kg ;
f
engineering plant, an industrial tractor, or a works truck; or
g
a Class V or Class VI vehicle within the meaning of the Motor Vehicles (Tests) Regulations 1981 .
Signed by authority of the Secretary of State for Transport
Christopher Chope
Parliamentary Under Secretary of State,
Department of Transport
4th July 1991


text:
PART I
PRELIMINARY
1
1
This Order may be cited as the Broadcasting (Restrictions on theHolding of Licences) Order 1991 and shall come into force on the dayafter the day on which it is made.
2
In this Order —
a
“ the Act ” means the Broadcasting Act 1990; and
b
unless the context otherwise requires, any reference to an articleor Part is to an article or Part of this Order, and any reference in anarticle to a paragraph is to a paragraph of that article.
3
This Order is made in exercise of the powers conferred by section200(2) of, and the following provisions of Schedule 2 to, the Act:
a
in Part III —
i
paragraph 2(3)(b) and (4),
ii
paragraph 4,
iii
paragraph 5(3)(b),
iv
paragraph 9, and
v
paragraph 10;
b
in Part IV —
i
paragraph 2(5)(c) and (e),
ii
paragraph 3(5)(c) and (e), and
iii
paragraph 5;
c
Part V.
4
Without prejudice to its earlier revocation, article 4 shall ceaseto have effect in relation to a licence for an area specified in any ofsub-paragraphs (a), (b), (c) or (d) of paragraph (2) when licences forall the areas specified in that sub-paragraph have been granted.
2
1
For the purposes of articles 3, 4, 5, 12 and 13, a person shall betreated as holding a licence if the licence is held by a personconnected with him.
2
Any restrictions on participation imposed on the holder of a licenceby articles 5 and 13 shall apply to him as if he and every personconnected with him were one person.
PART II
TELEVISION
Regional Channel 3
3
1
In addition to the limits on the holding of licences to provideregional Channel 3 services specified in paragraph 2(1) of Part III ofSchedule 2 to the Act (no person to hold more than two licences forregional Channel 3) and article 4 a person shall not at any time holdtwo licences to provide regional Channel 3 services if each of them isprovided for one of the areas specified in paragraph (3).
2
The areas specified in paragraph (3) and article 4(2) are areas ofthe United Kingdom in respect of which the Independent TelevisionCommission have determined that a regional Channel 3 service is to beprovided.
3
The areas referred to in paragraph (1) are —
a
Central Scotland;
b
East, West and South Midlands;
c
East of England;
d
London;
e
North-West England;
f
South and South-East England;
g
Wales and West of England; and
h
Yorkshire.
4
1
In addition to the limits on the holding of licences to provideregional Channel 3 services specified in paragraph 2(1) of Part III ofSchedule 2 to the Act and article 3 a person shall not at any time holdtwo licences to provide regional Channel 3 services if they are for anyof the combinations of areas specified in paragraph (2).
2
The combinations referred to in paragraph (1) are —
a
Borders and Isle of Man and —
i
Central Scotland,
ii
North East England, or
iii
North West England;
b
North Scotland and Central Scotland;
c
North-East England and Yorkshire;
d
South-West England and —
i
South and South-East England, or
ii
Wales and West of England.
5
1
A person who is the holder of licences to provide two regionalChannel 3 services (in accordance with paragraph 2(1) of Part III ofSchedule 2 to the Act and articles 3 and 4) shall not be a participantwith more than a 20% interest in a body corporate which is the holder of another licence to provide a regional Channel 3 service.
2
Where such a person as is mentioned in paragraph (1) is aparticipant with more than a 5% interest in a body corporate which isthe holder of another licence to provide a regional Channel 3 service(but, in accordance with that paragraph, is not a participant with morethan a 20% interest in it), he shall not be a participant with more than a 5% interest in any other such body corporate.
6
1
A person who is —
a
the holder of a licence to provide a regional Channel 3 service;and
b
a participant with more than a 20% interest in a body corporatewhich is the holder of a licence to provide another such service,
shall not be a participant with more than a 20% interest in anyother body corporate which is the holder of a licence to provide aregional Channel 3 service.
2
Where such a person as is mentioned in paragraph (1) is aparticipant with more than a 5% interest in a body corporate which isthe holder of a licence to provide a regional Channel 3 service (but, inaccordance with that paragraph, is not a participant with more than a20% interest in it), he shall not be a participant with more than a 5% interest in any other such body corporate.
National Channel 3
7
1
A person who is the holder of a licence to provide a nationalChannel 3 service shall not be a participant with more than a 20%interest in a body corporate which is the holder of another licence toprovide a national Channel 3 service.
2
Where such a person as is mentioned in paragraph (1) is aparticipant with more than a 5% interest in a body corporate which isthe holder of another licence to provide a national Channel 3 service(but, in accordance with that paragraph, is not a participant with morethan a 20% interest in it), he shall not be a participant with more than a 5% interest in any other such body corporate.
Channel 5
8
1
A person who is the holder of a licence to provide Channel 5 shallnot be a participant with more than a 20% interest in a body corporatewhich is the holder of another licence to provide Channel 5.
2
Where such a person as is mentioned in paragraph (1) is aparticipant with more than a 5% interest in a body corporate which isthe holder of another licence to provide Channel 5 (but, in accordancewith that paragraph, is not a participant with more than a 20% interestin it), he shall not be a participant with more than a 5% interest inany other such body corporate.
Regional and national Channel 3 and Channel 5
9
Where a person, who is the holder of a licence to provide one of theservices mentioned in paragraph 5(1) of Part III of Schedule 2 to theAct, is a participant with more than a 5% interest in a body corporatewhich is the holder of a licence to provide a service falling withineither of the other two categories mentioned there (but, in accordancewith paragraph 5(2) of the said Part III, is not a participant with morethan a 20% interest in such a body corporate), he shall not be aparticipant with more than a 5% interest in any other such bodycorporate.
Outside participation in Channel 3 and Channel 5
10
1
A person to whom this article applies shall not —
a
if he is a participant with more than a 20% interest in two bodiescorporate which are the holders of licences to provide regional Channel3 services, be a participant with more than a 20% interest in a thirdsuch body corporate; nor
b
if he is a participant with more than a 20% interest in a bodycorporate which is the holder of a licence to provide any of theservices mentioned in paragraph 1(2)(a) of Part III of Schedule 2 to theAct, be a participant with more than a 20% interest in a second suchbody corporate where either of the bodies is the holder of a licence toprovide a national Channel 3 service or Channel 5.
2
Where such a person as is mentioned in paragraph (1) is aparticipant in the maximum number of bodies corporate permitted by thatparagraph, he shall not be a participant with more than a 5% interest in any other body corporate which is the holder of a licence to provide aChannel 3 service or Channel 5.
3
A person to whom this article applies shall not, if he is aparticipant with more than a 5% interest in three bodies corporate which are the holders of licences to provide Channel 3 services or Channel 5,be a participant with more than a 5% interest in any other such bodycorporate.
4
This article applies to a person who does not hold a licence toprovide a Channel 3 service or Channel 5 and has effect as if he andevery person connected with him were one person.
PART III
RADIO
Introductory
11
1
In addition to the limits on the holding of licences to providenational, local and restricted radio services set out in paragraph 2(1)of Part III of Schedule 2 to the Act (no person to hold more than onelicence for national radio, 20 licences for local radio or six licencesfor restricted radio services) there shall be the limits set out in thisPart; and for this purpose particular categories of radio services shallbe ascribed points according to the table set out below.
TABLE III
Category of service Points
National radio 25 Category A local radio 15 Category B local radio 8 Category C local radio 3 Category D local radio 1 Restricted radio service provided otherwise than for a particular event 1
2
For the purpose of the table a local radio service falls —
a
into category A if the number of persons over the age of 15resident in the area for which the service is provided exceeds 4.5million;
b
into category B if the number of such persons exceeds 1 million butdoes not exceed 4.5 million;
c
into category C if the number of such persons exceeds 400,000 butdoes not exceed 1 million; and
d
into category D if the number of such persons does not exceed400,000.
3
In the case of a service provided on an amplitude modulated ( AM )frequency the relevant number of points applicable to the service byvirtue of the table shall be reduced by one third.
4
A service which, on the day on which the licence to provide it isgranted, falls into a particular category for the purposes of the tableshall continue to be regarded as falling into that category as long asany increase or decrease in the relevant number of persons over the ageof 15 (which would otherwise take the service outside that category)does not exceed 10%.
5
A person who is a participant with more than a 20% interest in abody corporate which is the holder of a licence to provide a servicefalling within any of the categories set out in the table, but who doesnot control that body, shall, for the purposes of the limits set out inarticle 12, be treated as the holder of a licence to provide a serviceto which one half of the points (which would otherwise be applicable tosuch a service) are ascribed.
6
In this Part references to the area for which a particular serviceis provided are references to the measured coverage area determined bythe Radio Authority for that service.
Limits
12
1
Subject to the following paragraphs, a person shall not at any timehold licences to provide national, local or restricted radio servicessuch that the total number of points applicable to such services,calculated in accordance with article 11, exceeds 15% of the totalnumber of points so calculated applicable to all such services inrespect of which licences have been granted and have not ceased to haveeffect.
2
Such a person as is described in paragraph (1) may hold licencessuch that the total number of points applicable to the services to whichthey relate exceeds 15% of the total number of points applicable to allsuch services if the excess is solely attributable to a reduction in thenumber of points applicable to all such services.
3
A person shall not at any time hold more than two licences toprovide local radio services falling into category A.
4
Subject to paragraph (3), a person shall not at any time hold morethan six licences to provide local radio services falling into categoryA or B.
5
Subject to paragraph (3), a person who holds a licence to provide anational radio service shall not at any time hold more than fourlicences to provide local radio services falling into category A or B.
Overlapping areas
13
1
Subject to paragraph (5), a person who holds a licence to provide alocal radio service shall not at any time hold a licence to provide alocal radio service to which this article applies; and, subject toparagraphs (3) and (4), such a person shall not be a participant withmore than a 20% interest in a body corporate which is the holder of alicence to provide a local radio service to which this article applies.
2
This article applies to a local radio service which is —
a
provided for an area which is substantially the same as that forwhich the service provided by the person mentioned in paragraph (1) isprovided; and
b
provided on the same frequency band as that service.
3
A person who holds a licence to provide a local radio service may bea participant with more than a 20% interest in a body corporate which isthe holder of a licence to provide such a local radio service as isdescribed in paragraph (2) if the number of persons over the age of 15resident in the smaller area does not exceed 10% of the number of suchpersons resident in the larger area.
4
Where such a person as is described in paragraph (3) is aparticipant with more than a 20% interest in a body corporate which isthe holder of a licence to provide such a local radio service as isdescribed in that paragraph he may not be a participant with more than a20% interest in any other such body corporate.
5
Nothing in this article shall prevent a person from holding licencesto provide local radio services if —
a
that person was, immediately before the grant of the licences, alocal radio contractor for an area which was substantially the same asthe area in respect of which those licensed services are provided; and
b
he provided two or more different programme services on differentfrequencies pursuant to his contract.
6
For the purposes of this article two areas are to be regarded assubstantially the same if at least 50% of the persons over the age of 15 resident in the smaller area are also resident in the larger area.
PART IV
NEWSPAPERS
National newspapers and local radio
14
A person who is the proprietor of a national newspaper shall not bea participant with more than a 20% interest in a body corporate which is the holder of a licence to provide a local radio service; and a personwho is the holder of a licence to provide such a service shall not be aparticipant with more than a 20% interest in a body corporate which runs a national newspaper.
Newspapers and domestic satellite services
15
1
A person who is the proprietor of a national or local newspapershall not be a participant with more than a 20% interest in a bodycorporate which is the holder of a licence to provide a domesticsatellite service.
2
Where such a person as is mentioned in paragraph (1) is aparticipant with a more than 5% interest in a body corporate which isthe holder of a licence to provide a domestic satellite service (but, inaccordance with that paragraph, is not a participant with more than a20% interest in it), he shall not be a participant with more than a 5% interest in any other such body corporate.
3
A person who is the holder of a licence to provide a domesticsatellite service shall not be a participant with more than a 20%interest in a body corporate which runs a national or local newspaper.
4
Where such a person as is mentioned in paragraph (3) is aparticipant with more than a 5% interest in a body corporate which runsa national or local newspaper (but, in accordance with that paragraph,is not a participant with more than a 20% interest in such a body), heshall not be a participant with more than a 5% interest in any othersuch body corporate.
PART V
NATIONAL PUBLIC TELECOMMUNICATIONS OPERATORS
16
1
Subject to paragraph (2), the categories of licences granted by the Commission and the Authority which may not be held by any of the persons mentioned in Part V of Schedule 2 to the Act are —
a
in the case of the Commission, licences to provide a Channel 3service, Channel 5 and a domestic satellite service; and
b
in the case of the Authority, a licence to provide a national radioservice.
2
Paragraph (1) applies to a national public telecommunicationsoperator who has an annual turnover, attributable to his business assuch an operator, which exceeds £2 billion.
3
Subject to paragraphs (4) and (5), a national publictelecommunications operator shall not hold a licence to provide a localdelivery service.
4
Paragraph (3) does not prevent a national public telecommunicationsoperator from holding a licence to provide a local delivery service byvirtue of paragraph 6 of Part II of Schedule 12 to the Act.
5
Paragraph (3) does not prevent a national public telecommunicationsoperator from holding a licence to provide a local delivery servicewhere —
a
the closing date for applications for the licence fell after 31stMarch 1994; and
b
immediately before the invitation for applications for the licencewas published, no part of the area for which the service is authorisedto be provided lay within an area in respect of which there was a localdelivery licence or a licence which continued in force by virtue ofparagraph 1 of Part II of Schedule 12 to the Act.
Home Office
Kenneth Baker
One of Her Majesty’s Principal Secretaries of State
9th May 1991


text:
Citation and commencement
1
This Order may be cited as the Highway Litter Clearance and Cleaning (Transfer of Duties) Order 1991 and shall come into force on 1st April 1991.
Transfer of duties to the Secretary of State
2
On the date on which this Order comes into force, there shall be transferred to the Secretary of State for Transport from each local authority listed in column 1 of the Schedule to this Order the duties imposed by section 89(1) and (2) of the Environmental Protection Act 1990 as respects the part or parts of the highway or highways specified against that local authority in column 2 of that Schedule.
Malcolm Rifkind
Secretary of State for Transport
25th February 1991


text:
Citation and commencement
1
This Order may be cited as the Social Security (Norway) Order 1991 and shall come into force on 1st April 1991.
Modification of the Social Security Act 1975
2
The Social Security Act 1975 shall be modified to such extent as may be required to give effect to the provisions contained in the Convention and the Protocol set out in the Schedule to this Order so far as the same relate to England, Wales and Scotland.
Modification of the Child Benefit Act 1975
3
Part I of the Child Benefit Act 1975 and any regulations made under it shall be modified to such extent as may be required to give effect to the provisions contained in the Convention and the Protocol set out in the Schedule to this Order so far as the same relate to England, Wales and Scotland.
Revocation and variation of Orders
4
1
The Family Allowances, National Insurance and Industrial Injuries (Norway) Order 1958 is hereby revoked.
2
The reference to the said Order of 1958 shall be omitted in Schedule 1 to the Social Security (Reciprocal Agreements) Order 1976 , in the Schedule to the Social Security (Reciprocal Agreements) Order 1979 and in the Schedule to the Social Security (Reciprocal Agreements) Order 1988 .
G. I. de Deney
Clerk of the Privy Council