text:
Citation and commencement
1
This Order may be cited as the Air Navigation (Second Amendment) Order 1991 and shall come into force for the purposes of article 2(4), (14), (15), (17), (18), (19), (20), (22), (25), (26), (31), (32), (35), (36), (37), and (39) to (55) (inclusive) on 14th November 1991 and for all other purposes on 1st October 1991.
Amendment of the Air Navigation Order 1989
2
The Air Navigation Order 1989 shall be amended as follows:
1
For article 5(2) there shall be substituted:
2
Before 1st November 1992 the marks to be borne by aircraft registered in the United Kingdom shall comply with Part B1 or Part B2 of Schedule 1 to this Order. On and after 1st November 1992 the marks to be borne by aircraft registered in the United Kingdom shall comply with Part B2 of Schedule 1 to this Order.
.
2
In the proviso to article 5(3)(a) after “shall be deemed not to” there shall be inserted “purport to”.
3
For article 7(1)(b) there shall be substituted:
b
a balloon flying on a private flight;
.
4
In article 20(3)(b) after “flying in controlled airspace” there shall be inserted “notified for the purposes of this sub-paragraph of this article”.
5
In article 31(5) for “below 1000 ft. above the height of the aerodrome” there shall be substituted “from a height of 1000 ft. or more above the aerodrome to a height less than 1000 ft. above the aerodrome”.
6
In article 32(3) for “below 1000 ft. above the height of an aerodrome” there shall be substituted “from a height of 1000 ft. or more above the aerodrome to a height less than 1000 ft. above the aerodrome”.
7
In article 32A(2) for “below 1000 ft. above the height of an aerodrome” there shall be substituted “from a height of 1000 ft. or more above the aerodrome to a height less than 1000 ft. above the aerodrome”.
8
In article 37(2)(d) for “before the aircraft takes off, and before it lands, and whenever by reason of turbulent air or any emergency occurring during the flight he considers the precaution necessary:” there shall be substituted:
from the moment when, after the embarkation of its passengers for the purpose of taking off, it first moves until after it has taken off, and before it lands until it comes to rest for the purpose of the disembarkation of its passengers, and whenever by reason of turbulent air or any emergency occurring during the flight he considers the precaution necessary:
.
9
After article 39 there shall be inserted:
Area navigation equipment — aircraft registered in the United Kingdom
39A
1
An aircraft registered in the United Kingdom shall not fly in controlled airspace notified for the purposes of this paragraph of this article as an area navigation route or area unless —
a
it is equipped with area navigation equipment which is approved by the Authority in relation to the purpose for which it is to be used, and which is installed and maintained in a manner approved by the Authority; and
b
the said equipment is capable of being operated so as to enable the aircraft to maintain the navigation accuracy notified in respect of the airspace in which the aircraft is flying, and it is so operated.
2
An aircraft registered in the United Kingdom shall not, when flying in controlled airspace notified for the purposes of this paragraph of this article, not being an area navigation route or area, be navigated by means of area navigation equipment unless —
a
the said equipment is approved by the Authority in relation to the purpose for which it is to be used, and is installed and maintained in a manner approved by the Authority; and
b
the said equipment is capable of being operated so as to enable the aircraft to maintain the navigation accuracy notified in respect of the airspace in which the aircraft is flying, and it is so operated.
3
For the purposes of this article, an approval shall be in writing and may be subject to such conditions as the Authority thinks fit. Such an approval may be granted in respect of any aircraft or specified class or category of aircraft or in respect of a specified type or types of equipment.
Area navigation equipment — aircraft not registered in the United Kingdom
39B
1
An aircraft which is not registered in the United Kingdom shall not fly in controlled airspace notified for the purposes of paragraph (1) of article 39A unless —
a
it is so equipped with area navigation equipment as to comply with the law of the country in which the aircraft is registered insofar as that law requires it to be so equipped when flying within any specified areas; and
b
the said equipment is capable of being operated so as to enable the aircraft to maintain the navigation accuracy notified in respect of the airspace in which the aircraft is flying, and it is so operated.
2
An aircraft which is not registered in the United Kingdom shall not, when flying in controlled airspace notified for the purposes of paragraph (2) of article 39A, be navigated by means of area navigation equipment unless —
a
the said equipment complies with the law of the country in which the aircraft is registered insofar as that law requires it to be so equipped when flying within any specified areas; and
b
the said equipment is capable of being operated so as to enable the aircraft to maintain the navigation accuracy notified in respect of the airspace in which the aircraft is flying, and it is so operated.
.
10
For article 40(4)(b)(ii)(aa) there shall be substituted —
aa
the period immediately preceding the last 5 hours of recording or the duration of the last flight, whichever is the greater; or
.
11
In article 47(1) for sub-paragraphs (f) and (g) there shall be substituted —
f
the persons to whom information about the carriage of dangerous goods must be provided;
g
the documents which must be produced to the Authority or an authorised person on request; and
h
the powers to be conferred on an authorised person relating to the enforcement of the regulations made hereunder.
.
12
At the commencement of article 49(1) there shall be inserted “Subject to the proviso to paragraph (5) hereof,” and at the end of article 49(5) there shall be inserted:
Provided that this paragraph (5) shall not apply to helicopters.
.
13
After article 73 there shall be inserted:
Prohibition of drunkenness etc of controllers
73A
A person shall not when exercising the privileges of an air traffic controller’s licence, be under the influence of drink or a drug to such an extent as to impair his capacity to exercise such privileges.
.
14
In article 75(1)(c) after “flown in controlled airspace” there shall be inserted “notified for the purposes of this sub-paragraph of this article”.
15
In article 106(1) for the definition of “Appropriate air traffic control unit” there shall be substituted:
“Appropriate air traffic control unit” means in relation to an aircraft either the air traffic control unit serving the area in which the aircraft is for the time being or the air traffic control unit serving the area which the aircraft intends to enter and with which unit the aircraft is required to communicate prior to entering that area, as the case may be;
16
In article 106(1) after the definition of “Appropriate air traffic control unit” there shall be inserted:
“Area navigation equipment” means equipment carried on board an aircraft which enables the aircraft to navigate on any desired flight path within the coverage of appropriate ground based navigation aids or within the limits of that on-board equipment or a combination of the two;
17
In article 106(1) after the definition of “Certified for single pilot operation” there shall be inserted:
“Class A airspace”, “Class B airspace”, “Class C airspace”, “Class D airspace” and “Class E airspace” mean airspace respectively notified as such;
18
In article 106(1) for the definition of “Controlled airspace” there shall be substituted:
“Controlled airspace” means airspace which has been notified as Class A, Class B, Class C, Class D or Class E airspace;
19
In article 106(1) for the definition of “Control area” there shall be substituted:
“Control area” means controlled airspace which has been further notified as a control area and which extends upwards from a notified altitude or flight level;
20
In article 106(1) for the definition of “Control zone” there shall be substituted:
“Control zone” means controlled airspace which has been further notified as a control zone and which extends upwards from the surface;
21
In article 106(1) after the definition of “Danger area” there shall be inserted:
“Day” means the time from half an hour before sunrise until half an hour after sunset (both times exclusive), sunset and sunrise being determined at surface level;
22
In article 106(1) after the definition of “Flight level” there shall be inserted:
“Flight plan” means such information as may be notified in respect of an air traffic control service unit being information provided or to be provided to that unit, relative to an intended flight or portion of a flight of an aircraft;
23
In article 106(1) in the definition of “Military aircraft” for “includes” there shall be substituted “means”.
24
In article 106(1) for the definition of “Night” there shall be substituted:
“Night” means the time from half an hour after sunset until half an hour before sunrise (both times inclusive), sunset and sunrise being determined at surface level;
25
In article 106(1) after the definition of “Special VFR flight” there shall be inserted:
“Specified minimum weather provisions” has the meaning assigned to it by paragraph (3A) of this article;
26
After article 106(3) there shall be inserted:
3A
The specified minimum weather provisions shall be as follows —
a
outside airspace notified for the purposes of Schedule 8 to this Order —
i
an aircraft flying above 3000 ft. above mean sea level shall remain at least 1800 metres horizontally and 1000 ft. vertically away from cloud and in a flight visibility of at least 10 km;
ii
an aircraft other than a helicopter flying at or below 3000 ft. above mean sea level shall remain at least 1800 metres horizontally and 1000 ft. vertically away from cloud and in a flight visibility of at least 5 km:
Provided that this sub-paragraph shall be deemed to be complied with if the aircraft is flown at a speed which according to its airspeed indicator is 140 knots or less and remains clear of cloud, in sight of the surface and in a flight visibility of at least 1800 metres;
iii
a helicopter flying at or below 3000 ft. above mean sea level shall remain clear of cloud and in sight of the surface or at least 1800 metres horizontally and 1000 ft. vertically away from cloud and in a flight visibility of at least 5km.
b
within airspace notified for the purposes of Schedule 8 to this Order an aircraft shall remain at least 1800 metres horizontally and 1000 ft. vertically away from cloud and in a flight visibility of at least 10 km: Provided that in a control zone within such airspace, in the case of a special VFR flight the aircraft shall be flown in accordance with any instructions given by the appropriate air traffic control unit.
.
27
In article 107(8)(a)(i) after “jointly by persons” there shall be inserted “(each of whom is a natural person)”.
28
In article 107(8)(a)(ii) after “the registered shareholders of which” there shall be inserted “(each of whom is a natural person)”.
29
In Schedule 1 Part B, after the heading “NATIONALITY AND REGISTRATION MARKS OF AIRCRAFT REGISTERED IN THE UNITED KINGDOM” there shall be inserted the sub-heading “PART B1”.
30
In Schedule 1 after paragraph 4 of Part B1 there shall be inserted:
PART B2
1
The nationality mark of the aircraft shall be the capital letters “G” in Roman character and the registration mark shall be a group of four capital letters in Roman character assigned by the Authority on the registration of the aircraft. The letters shall be without ornamentation and a hyphen shall be placed between the nationality mark and the registration mark.
2
The nationality and registration marks shall be displayed to the best advantage, taking into consideration the construction features of the aircraft and shall always be kept clean and visible.
3
The letters constituting each group of marks shall be of equal height and they, and the hyphen, shall be of a single colour which shall clearly contrast with the background on which they appear.
4
The nationality and registration marks shall also be inscribed on a fire-proof metal plate affixed in a prominent position —
a
in the case of a microlight aeroplane, either in accordance with subparagraph (c) of this paragraph or on the wing;
b
in the case of a balloon, on the basket or envelope; or
c
in the case of any other aircraft on the fuselage or car, as the case may be.
5
The nationality and registration marks shall be painted on the aircraft or shall be affixed thereto by any other means ensuring a similar degree of permanence in the following manner:
I. Position and Size of Marks
Heavier-than-air Aircraft (excluding kites)
Horizontal Surfaces of the Wings —
On aircraft having a fixed wing surface, the marks shall appear on the lower surface of the wing structure, and shall be on the port wing unless they extend across the whole surface of both wings. So far as is possible the marks shall be located equidistant from the leading and trailing edges of the wings. The tops of the letters shall be towards the leading edge of the wing.
The height of the letters shall be at least 50 centimetres:
Provided that if the wings are not large enough for the marks to be 50 centimetres in height, marks of the greatest height practicable in the circumstances shall be displayed.
Fuselage (or equivalent structure) and Vertical Tail Surfaces —
The marks shall also appear either —
on each side of the fuselage (or equivalent structure), and shall, in the case of fixed wing aircraft, be located between the wings and the horizontal tail surface; or
on the vertical tail surfaces.
When located on a single vertical tail surface, the marks shall appear on both sides. When located on multi-vertical tail surfaces the marks shall appear on the outboard sides of the outer surfaces. Subject to sub-paragraphs (dd) and (ee) below, the height of the letters constituting each group of marks shall be at least 30 centimetres.
If one of the surfaces authorised for displaying the required marks is large enough for those marks to be 30 centimetres in height (whilst complying with sub-paragraph (ee) below) and the other is not, marks of 30 centimetres in height shall be placed on the largest authorised surface.
If neither surface is large enough for marks of 30 centimetres in height (whilst complying with sub-paragraph (ee) below), marks of the greatest height practicable in the circumstances shall be displayed on the larger of the two surfaces.
The marks on the vertical tail surfaces shall be such as to leave a margin of at least 5 centimetres along each side of the vertical tail surface.
On rotary wing aircraft where owing to the structure of the aircraft the greatest height practicable for the marks on the sides of the fuselage (or equivalent structure) is less than 30 centimetres the marks shall also appear on the lower surface of the fuselage as close to the line of symmetry as is practicable and shall be placed with the tops of the letters towards the nose. The height of the letters constituting each group of marks shall be at least 50 centimetres:
Provided that if the lower surface of the fuselage is not large enough for the marks to be of 50 centimetres in height, marks of the greatest height practicable in the circumstances shall be displayed.
Wherever in this sub-paragraph (a) marks of the greatest height practicable in the circumstances are required, that height shall be such as is consistent with compliance with Section II of this Part of this Schedule.
Airships and Free Balloons
Airships: The marks shall be placed on each side of the airship. They shall be placed horizontally either on the hull near the maximum crosssection of the airship or on the lower vertical stabiliser.
Free Balloons: The marks shall be in two places on diametrically opposite sides of the balloon.
In the case of both airships and free balloons the side marks shall be so placed as to be visible both from the sides and from the ground. The height of the letters shall be at least 50 centimetres.
II. Width, Spacing and Thickness of Marks
For the purposes of this Section “a standard letter” shall mean any letter other than the letters I, M and W.
The width of each standard letter and the length of the hyphen between the nationality mark and the registration mark shall be two-thirds of the height of a letter.
The width of the letters M and W shall be neither less than two-thirds of their height nor more than their height.
The width of the letter I shall be one-sixth of the height of the letters forming the marks.
The thickness of each letter and hyphen shall be one-sixth of the height of the letters forming the marks.
Each letter and hyphen shall be separated from the letter or hyphen which it immediately precedes or follows, by a space equal to either one-quarter or one-half of the width of a standard letter. Each such space shall be equal to every other such space within the marks.
.
31
In Schedule 4 paragraph 4 sub-paragraph (2) in the column headed “Circumstances of Flight” after “controlled airspace” where it appears in sub-paragraphs (a)(ii)(aa), (a)(ii)(bb) and (b)(i), there shall be inserted “notified for the purposes of this subparagraph”.
32
In Schedule 4 paragraph 4 sub-paragraph (13) in the column headed “Circumstances of Flight” after “controlled airspace” where it appears in sub-paragraphs (a)(ii)(aa), (a)(ii)(bb), (a)(iii)(bb)(aaa) and (a)(iii)(bb)(bbb), there shall be inserted “notified for the purposes of this sub-paragraph”.
33
In Schedule 4 paragraph 5 Scale S sub-paragraph (vi) for “position of primary flying controls and pitch trim surfaces” there shall be substituted “position of primary flying controls, pitch trim position” and for “engine fire, engine shut-down, cabin pressurisation, presence of smoke, essential AC electricity supply, hydraulic/pneumatic power supply, ground proximity and stalling” there shall be substituted “ground proximity and the master warning system”.
34
In Schedule 4 paragraph 5 scale SS in the penultimate paragraph the words “as appropriate” shall be deleted.
35
In Schedule 5 paragraph 2 in sub-paragraph (1)(a) in the column headed “Aircraft and Circumstances of Flight” after “controlled airspace” there shall be inserted “notified for the purposes of this sub-paragraph”.
36
In Schedule 5 paragraph 2 for sub-paragraph (1)(b) in the column headed “Aircraft and Circumstances of Flight” there shall be substituted:
b
when flying within controlled airspace notified for the purposes of this subparagraph
.
37
In Schedule 5 paragraph 2 for sub-paragraph (2)(b) in the column headed “Aircraft and Circumstances of Flight” there shall be substituted:
b
when flying within airspace notified for the purposes of this sub-paragraph
.
38
In Schedule 5 paragraph 2, sub-paragraph (3) in the column headed “Aircraft and Circumstances of Flight” and “A”, “E” and “H” adjacent thereto in the column headed “Scale of Equipment Required” shall be revoked.
39
In Schedule 8 Part A paragraph 1 in the proviso to the privileges of the Private Pilot’s Licence (Aeroplanes) in sub-paragraph (c)(i) after “controlled airspace” there shall be inserted “notified for the purposes of this Schedule”.
40
In Schedule 8 Part A paragraph 1 in the proviso to the privileges of the Private Pilot’s Licence (Aeroplanes) in sub-paragraph (c)(i)(aa) for “1½ nautical miles” there shall be substituted “3 km”.
41
In Schedule 8 Part A paragraph 1 in the proviso to the privileges of the Private Pilot’s Licence (Aeroplanes) for sub-paragraph (c)(i)(bb) there shall be substituted:
bb
when any passenger is carried and the aeroplane is flying either above 3000ft. above mean sea level in conditions such that it cannot remain at least 1800 metres horizontally and 1000 ft. vertically away from cloud and in a flight visibility of at least 10km or at or below 3000ft. above mean sea level in a flight visibility of less than 5km;
.
42
In Schedule 8 Part A paragraph 1 in the proviso to the privileges of the Private Pilot’s Licence (Aeroplanes) in sub-paragraph (c)(ii) for “5 nautical miles” there shall be substituted “10km”.
43
In Schedule 8 Part A paragraph 1 in the proviso to the privileges of the Private Pilot’s Licence (Aeroplanes) after sub-paragraph (d) there shall be inserted:
e
he shall not unless his licence includes an instrument rating (aeroplanes) fly as pilot in command or co-pilot of such an aeroplane flying in airspace notified for the purposes of this Schedule —
i
in conditions such that he cannot comply with the specified minimum weather provisions; or
ii
in circumstances which require compliance with the Instrument Flight Rules.
44
In Schedule 8 Part A paragraph 1 in the proviso to paragraph (2) of the privileges of the Basic Commercial Pilot’s Licence (Aeroplanes) in sub-paragraph (g)(i) after “controlled airspace” there shall be inserted “notified for the purposes of this Schedule”.
45
In Schedule 8 Part A paragraph 1 in the proviso to paragraph (2) of the privileges of the Basic Commercial Pilot’s Licence (Aeroplanes) in sub-paragraph (g)(i)(aa) for “1½ nautical miles” there shall be substituted “3km”.
46
In schedule 8 Part A paragraph 1 in the proviso to paragraph (2) of the privileges of the Basic Commercial Pilot’s Licence (Aeroplanes) for sub-paragraph (g)(i)(bb) there shall be substituted:
bb
when any passenger is carried and the aeroplane is flying either above 3000ft. above mean sea level in conditions such that it cannot remain at least 1800 metres horizontally and 1000ft. vertically away from cloud and in a flight visibility of at least 10km or at or below 3000ft. above mean sea level in a flight visibility of less than 5km;
.
47
In Schedule 8 Part A paragraph 1 in the proviso to paragraph (2) of the privileges of the Basic Commercial Pilot’s Licence (Aeroplanes) in sub-paragraph (g)(ii) for “5 nautical miles” there shall be substituted “10km”.
48
In Schedule 8 Part A paragraph 1 in the proviso to paragraph (2) of the privileges of the Basic Commercial Pilot’s Licence (Aeroplanes) after sub-paragraph (g) there shall be inserted:
h
he shall not unless his licence includes an instrument rating (aeroplanes) fly as pilot in command or co-pilot of such an aeroplane flying in airspace notified for the purposes of this Schedule —
i
in conditions such that he cannot comply with the specified minimum weather provisions; or
ii
in circumstances which require compliance with the Instrument Flight Rules.
.
49
In Schedule 8 Part A paragraph 1 in sub-paragraph (1)(a) of the privileges of the Commercial Pilot’s Licence (Aeroplanes) for “1½ nautical miles” there shall be substituted “3km” and in sub-paragraph (1)(b) for “1 nautical mile” there shall be substituted “1800 metres”.
50
In Schedule 8 Part A paragraph 1 in the proviso to paragraph (2) of the privileges of the Commercial Pilot’s Licence (Aeroplanes) after sub-paragraph (e) there shall be inserted:
f
he shall not unless his licence includes an instrument rating (aeroplanes) fly as pilot in command or co-pilot of such an aeroplane flying in airspace notified for the purposes of this Schedule —
i
in conditions such that he cannot comply with the specified minimum weather provisions; or
ii
in circumstances which require compliance with the Instrument Flight Rules.
.
51
In Schedule 8 Part A paragraph 2 in the proviso to the privileges of the Private Pilot’s Licence (Helicopters and Gyroplanes) after sub-paragraph (d) there shall be inserted:
e
he shall not unless his licence includes an instrument rating (helicopters) fly as pilot in command or co-pilot of such a helicopter flying in airspace notified for the purposes of this Schedule —
i
in conditions such that he cannot comply with the specified minimum weather provisions; or
ii
in circumstances which require compliance with the Instrument Flight Rules.
.
52
In Schedule 8 Part A paragraph 2 in the proviso to paragraph (2) of the privileges of the Commercial Pilot’s Licence (Helicopters and Gyroplanes) in sub-paragraph (a) for “in Instrument Meteorological Conditions” there shall be substituted “in conditions such that the helicopter cannot comply with the specified minimum weather provisions”.
53
In Schedule 8 Part A paragraph 2 in the proviso to paragraph (2) of the privileges of the Commercial Pilot’s Licence (Helicopters and Gyroplanes) after sub-paragraph (e) there shall be inserted:
f
he shall not unless his licence includes an instrument rating (helicopters) fly as pilot in command or co-pilot of such a helicopter flying in airspace notified for the purposes of this Schedule —
i
in conditions such that he cannot comply with the specified minimum weather provisions; or
ii
in circumstances which require compliance with the Instrument Flight Rules.
.
54
In Schedule 8 Part B paragraph 1 in the privileges of the Instrument Meteorological Conditions Rating (Aeroplanes) in sub-paragraph (a) for “1½ nautical miles” there shall be substituted “3km” and in sub-paragraph (b) for “1 nautical mile” there shall be substituted “1800 metres”.
55
In Schedule 8 Part B paragraph 1 in the privileges of the Instrument Rating (Aeroplanes) and the privileges of the Instrument Rating (Helicopters) for “controlled airspace” there shall be substituted “airspace notified for the purposes of this Schedule either in conditions such that he cannot comply with the specified minimum weather provisions or”.
56
In Schedule 12 Part B in the column headed “Article of Order” immediately below “69A(1)” there shall be inserted “73A” and adjacent thereto in the column headed “Subject Matter” there shall be inserted “Prohibition of drunkenness etc of controllers”.
G. I. de Deney
Clerk of the Privy Council


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Personal and Occupational Pension Schemes (Pensions Ombudsman) Regulations 1991 and shall come into force on 1st April 1991.
2
In these Regulations —
“the Pensions Act ” means the Social Security Pensions Act 1975;
“complaint” means (except in the context of a complaint to the Defence Council as referred to in paragraph (c) of regulation 3) a complaint falling within section 59C(1) of the Pensions Act (complaint of maladministration);
“dispute” means a dispute falling within section 59C(2) of the Pensions Act (disputes of fact or law);
and other expressions have the same meaning as in the Pensions Act.
Extension of Pensions Ombudsman’s jurisdiction to employers
2
1
The Pensions Ombudsman may, in relation to an occupational pension scheme, investigate and determine any complaint or dispute involving an authorised complainant and the employer to which the scheme relates or has related.
2
Where the Pensions Ombudsman commences an investigation under paragraph (1), the provisions of Part IVA of the Pensions Act (the Pensions Ombudsman) shall apply in relation to the employer as they would apply in relation to the trustees or managers of such a scheme.
Exclusion from jurisdiction
3
The Pensions Ombudsman shall not investigate or determine —
a
any complaint or dispute which can be investigated by, or under arrangements made by, —
i
an organisation which is a recognised self-regulating organisation for the purposes of section 10 of the Financial Services Act 1986 (grant of recognition by the Secretary of State), or
ii
a designated agency for the purposes of section 114 of the Financial Services Act 1986 (power of Secretary of State to transfer functions to a designated agency),
other than a complaint or dispute relating to the management of a personal pension scheme;
b
any dispute in relation to a public service pension scheme, other than the National Health Service Superannuation Scheme for England and Wales established under section 10 of the Superannuation Act 1972 (superannuation of persons engaged in health services etc );
c
any complaint or dispute in respect of which there is a right to make a complaint to the Defence Council by virtue of —
i
sections 180 and 181 of the Army Act 1955 (complaints by officers and soldiers),
ii
sections 180 and 181 of the Air Force Act 1955 (complaints by officers and airmen), or
iii
section 130 of the Naval Discipline Act 1957 (redress of complaints).
Time limit for making of complaints and reference of disputes
4
1
Subject to paragraphs (2) and (3), the Pensions Ombudsman shall not investigate a complaint or dispute if the act or omission which is the subject thereof occurred more than three years before the date on which the making of the complaint or the referral of the dispute is received by him in writing.
2
Where, at the date of its occurrence, the authorised complainant was unaware of the act or omission referred to in paragraph (1), the period of three years shall begin on the earliest date on which he knew or ought reasonably to have known of its occurrence.
3
Where it was not reasonably practicable for a complaint or dispute to be made or referred before the end of the period allowed under paragraph (1) or (2), the Pensions Ombudsman may nonetheless investigate and determine such complaint or dispute if it is made or referred within such further period as he considers reasonable.
Signed by authority of the Secretary of State for Social Security.
Henley
Parliamentary Under-Secretary of State,
Department of Social Security
11th March 1991


text:
Citation and commencement
1
These Regulations may be cited as the National Savings Bank (Amendment) Regulations 1991 and shall come into force on 11th February 1991.
Amendment of principal Regulations
2
The National Savings Bank Regulations 1972 shall be amended by substituting the following for regulation 43 –
43
For the purpose of section 5 of the National Savings Bank Act 1971 (which relates to the calculation of interest on ordinary deposits), and without prejudice to section 7 of that Act (which relates to the withdrawal of deposits), money deposited by way of ordinary deposit and withdrawn under and in accordance with these Regulations shall, where payment is made by warrant, be deemed to have been withdrawn on the date appearing on the warrant, such date to be no earlier than the date on which the warrant is posted.
.
Irvine Patnick
Sydney Chapman
Two of the Lords Commissioners of Her Majesty’s Treasury
16th January 1991


text:
1
This Order may be cited as the Public Telecommunication System Designation (Cheshire Cable Limited) Order 1991 and shall come into force on 8th April 1991.
2
Each of the Applicable Cabled Systems is hereby designated as a public telecommunication system.
John Redwood
Minister of State,
Department of Trade and Industry
28th February 1991


text:
Title, extent and commencement
1
These Regulations may be cited as the Crop Residues (Restrictions on Burning) Regulations 1991, shall extend to England and Wales and shall come into force on 12th July 1991.
Interpretation
2
1
In these Regulations, unless the context otherwise requires–
“A-road” means any principal road so classified under section 12 of the Highways Act 1980 to which is assigned in common usage an identifying number with the prefix “A”;
“district council” includes the Council of the Isles of Scilly;
“dual carriageway” means a road part of which consists of a central reservation to separate a carriageway to be used by vehicles proceeding in one direction from a carriageway to be used by vehicles proceeding in the opposite direction;
“fire-break” means an area of ground of which the surface consists wholly or mainly of substances other than combustible material;
“motorway” means a special road within the meaning of section 142(1) of the Road Traffic Regulation Act 1984 which has been declared open for use under section 1(4) of that Act; and
“scheduled monument” has the meaning assigned to that expression in section 1(11) of the Ancient Monuments and Archaeological Areas Act 1979 .
2
Any reference in these Regulations to a numbered regulation or Schedule shall be construed as a reference to the regulation or Schedule bearing that number in these Regulations.
Restrictions on burning
3
No person engaged in agriculture shall, on agricultural land, burn any crop residue of a kind specified in Schedule 1 remaining on the land after harvesting of the crop grown thereon, otherwise than in accordance with the restrictions and requirements set out in Schedule 2.
Offence
4
1
A person who contravenes regulation 3 shall be guilty of an offence.
2
A person guilty of an offence under paragraph (1) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 11th June 1991.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
David Hunt
Secretary of State for Wales
14th June 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Mid Essex Hospital Services National Health Service Trust (Establishment) Order 1991 and shall come into force on 1st November 1991.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of or Schedule 1 to the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 1st November 1991;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Mid Essex Hospital Services National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Mid Essex Hospital Services National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at Mid Essex Hospital Services, Broomfield Court, Pudding Wood Lane, Broomfield, Chelmsford, Essex, CM1 5WE and associated hospitals;
b
to manage community health services provided from Mid Essex Hospital Services, Broomfield Court, Pudding Wood Lane, Broomfield, Chelmsford, Essex CM1 5WE and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman 4 non-executive directors and 4 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1992.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Mid Essex Health Authority shall —
a
until the operational date make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The Mid Essex Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the Mid Essex Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Virginia Bottomley
Minister of State,
Department of Health
21st October 1991


text:
1
This Order may be cited as the Armed Forces (Compensation Limits) Order 1991 and shall come into force on 1st January 1992.
2
The sum which may not be exceeded on an award of stoppages-
a
by a court-martial under the Army Act 1955 or the Air Force Act 1955;
b
under the Naval Discipline Act 1957,
in respect of any offence occasioning personal injury of which a person is convicted or any other such offence which is taken into consideration in determining sentence, is £2,000.00.
Archie Hamilton
Minister of State, Ministry of Defence
3rd December 1991


text:
Citation and commencement
1
This Order may be cited as the River Tummel Catchment Area Protection (Renewal) Order 1991 and shall come into force on 8th October 1991.
Interpretation
2
In this Order —
“the 1983 Order ” means the River Tummel Catchment Area Protection Order 1983 ;
“the 1988 Order ” means the River Tummel Catchment Area Protection (Renewal) Order 1988 ;
Renewal of Order
3
The 1988 Order is hereby renewed.
Prohibition
4
During the period from 8th October 1991 to 7th October 1994, both dates inclusive, fishing for or taking freshwater fish in the inland waters in the area prescribed in article 4 of the 1983 Order, without legal right or without written permission from a person having such a right, is hereby prohibited.
T. J. Kelly
Assistant Secretary, Scottish Office
Pentland House,
Edinburgh
7th October 1991


text:
1
This Order may be cited as the Public Telecommunication System Designation (Clyde Cablevision) (Bearsden and Milngavie) Order 1991 and shall come into force on 15th July 1991.
2
Each of the Applicable Cabled Systems is hereby designated as a public telecommunication system.
John Redwood
Minister of State,
Department of Trade and Industry
10th June 1991


text:
Citation and commencement
1
This Order may be cited as the Local Government Finance (Repeals and Consequential Amendments) Order 1991, and shall come into force on 21st August 1991.
Repeals and consequential amendments
2
–
1
The enactments mentioned in column (1) of Schedule 1 to this Order are hereby repealed to the extent mentioned in column (2).
2
The provisions mentioned in Schedule 2 are hereby amended as so mentioned.
Michael Heseltine
Secretary of State for the Environment
19th July 1991
David Hunt
Secretary of State for Wales
19th July 1991


text:
Citation, commencement and interpretation
1
–
1
This Order may be cited as the Thameslink Healthcare Services National Health Service Trust (Establishment) Order 1991 and shall come into force on 1st November 1991.
2
In this Order unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of or Schedule 1 to the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act( );
“establishment date” means 1st November 1991;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Thameslink Healthcare Services National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Thameslink Healthcare Services National Health Service Trust.
Nature and functions of the trust
3
–
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at Archery House, Bow Arrow Lane, Dartford, Kent, DA2 6PB and associated hospitals;
b
to manage community health services provided from The Livingstone Hospital, East Hill, Dartford, Kent, DA1 1SA and to own the asociated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
–
1
The operational date of the trust shall be 1st April 1992.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions–
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
–
1
The Dartford and Gravesham Health Authority shall–
a
until the operational date make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The Dartford and Gravesham Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are–
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the Dartford and Gravesham Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Virginia Bottomley
Minister of State,
Department of Health
21st October 1991


text:
Citation and commencement
1
These Regulations may be cited as the Relevant Population (England) (Amendment) Regulations 1991 and shall come into force on 29th January 1991.
Amendments
2
The Relevant Population (England) Regulations 1990 shall have effect in relation to financial years beginning on or after 1st April 1991 with the following amendments —
a
in regulation 2 —
i
in paragraph (1) the definition of “the Population Report” shall be omitted; and
ii
for paragraph (2) there shall be substituted the following paragraph —
2
References in these Regulations to any provision of the Distribution Report shall be treated as references to the provision as amended by, or any equivalent provision (or amendment of the equivalent provision) contained in, any subsequent report made by the Secretary of State under section 80 of the Act and approved by the House of Commons under section 81 of the Act.
;
b
in the Schedule, in paragraph 2(1) —
i
for the words “a boundary changes order made by the Secretary of State on or before 8th December in the preceding year and coming into force at any time during that period” there shall be substituted “a boundary changes order made by the Secretary of State on or before the relevant day (referred to in this sub-paragraph as “the order”)”;
ii
in paragraphs (b) and (c) for the words “a boundary changes order” in both places where they occur there shall be substituted “the order”;
iii
for paragraph (d) there shall be substituted —
d
PL is the authority’s estimate of the number of persons, other than those referred to in sub-paragraph (1)(e) below, who, as a result of the order, will on 1st April in the year not be subject to a personal community charge in respect of a residence in the relevant part of the authority’s area;
and
iv
for paragraph (e) there shall be substituted —
e
PLS is the authority’s estimate of the number of persons who will on 1st April in the year, as a result of the order, not be subject to a personal community charge in respect of a residence in the relevant part of the authority’s area but who will on that day be undertaking a full-time course of education;
and
c
in the Schedule, in paragraph 3 —
i
in sub-paragraph (2) at the beginning the words “Except where sub-paragraph (3) below applies,” shall be omitted and after the words “paragraph 2 apply” there shall be inserted “in relation to a boundary changes order made on or before 1st December in the preceding year”;
ii
for paragraph (b) of sub-paragraph (2) there shall be substituted the following paragraphs —
b
P is the number of persons shown in the charging authority’s register on 10th September in the preceding year as subject on that day to a personal community charge in respect of a residence in the relevant part of the authority’s area who were not shown in the charging authority’s register on that day as undertaking a full-time course of education on that day;
ba
PS is the number of persons shown in the charging authority’s register on 10th September in the preceding year as both subject on 1st June in the preceding year to a personal community charge in respect of a residence in the relevant part of the authority’s area and undertaking a full-time course of education on 1st June in the preceding year;
bb
W and WS have the same meanings as P and PS respectively in paragraphs (b) and (ba) above, with the modification that references in those paragraphs to the relevant part of an authority’s area shall be construed as references to the authority’s area as a whole; and
;
iii
in sub-paragraph (2)(c) for the words “1st December” there shall be substituted “10th September”; and
iv
sub-paragraph (3) shall be omitted.
Michael Heseltine
Secretary of State for the Environment
17th January 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Bath and West Community National Health Service Trust (Establishment) Order 1991 and shall come into force on 1st November 1991.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of or Schedule 1 to the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 1st November 1991;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Bath and West Community National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Bath and West Community National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
to manage community health services provided from Avon and Somerset House, St Martin’s Hospital, Midford Road, Bath, BA2 5RP and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1992.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Bath District Health Authority shall —
a
until the operational date make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The Bath District Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the Bath District Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Virginia Bottomley
Minister of State,
Department of Health
21st October 1991


text:
Title, extent and commencement
1
These Regulations may be cited as the Suckler Cow Premium Regulations 1991, shall apply in Great Britain and shall come into force on 22nd November 1991.
Interpretation
2
1
In these Regulations, unless the context otherwise requires, —
“additional premium” means the premium which, under Article 3(2) of the Council Regulation, Member States are authorised to grant from national funds and for the making of which provision is made by section 3 of the Agriculture and Forestry (Financial Provisions) Act 1991;
“applicant” means a person who has applied for a premium;
“appropriate Minister” means in relation to England, the Minister of Agriculture, Fisheries and Food and, in relation to Wales or Scotland, the Secretary of State concerned with agriculture in those parts of the United Kingdom;
“authorised officer” means a person (whether or not an officer of that Minister) who is authorised by the appropriate Minister, either generally or specially, to act in matters arising under these Regulations;
“cattle” means cows and heifers;
“the Commission Regulation” means Commission Regulation ( EEC ) No. 1244/82 laying down detailed rules implementing the system of premiums for maintaining suckler cows as amended by Commission Regulation (EEC) No. 2754/82 , Commission Regulation (EEC) No. 1709/83 , Commission Regulation (EEC) No. 1588/87 , Commission Regulation (EEC) No. 2870/88 , Commission Regulation (EEC)No. 1662/89 , Commission Regulation (EEC) No. 2731/89 and Commission Regulation (EEC) No. 2079/90 ;
“Community premium” means the premium for maintaining suckler cows which is payable under Article I of the Council Regulation;
“control measures” means the administrative checks and on-farm inspections which each Member State is required to carry out under Article 4 of the Commission Regulation;
“the Council Regulation” means Council Regulation (EEC) No. 1357/80 introducing a system of premiums for maintaining suckler cows as amended by Council Regulation (EEC) No. 1417/81 , Council Regulation (EEC) No. 1198/82 , Council Regulation (EEC) No. 3802/85 , Council Regulation (EEC) No. 467/87 , Council Regulation (EEC) No. 573/89 and Council Regulation (EEC) No. 1187/90 ;
“premium” means the Community premium and the additional premium;
“specified record” means any record which is required to be kept or preserved by virtue of regulation 5;
“specified successor” means a person who has given an undertaking to the appropriate Minister in respect of the obligations of his predecessor in accordance with Article 4a(6) of the Commission Regulation.
2
Other expressions used in these Regulations have, in so far as the context admits, the same meanings as in the Council Regulation and the Commission Regulation.
3
In these Regulations any reference to a numbered regulation shall be construed as a reference to the regulation so numbered in these Regulations.
Appointment of competent authority
3
For the purpose of the Council Regulation and the Commission Regulation the competent authority is the appropriate Minister.
Additional premium
4
1
The appropriate Minister may make a grant by way of additional premium to an applicant —
a
who has applied for and is entitled to receive a Community premium, and
b
who makes an application for such additional premium in such form as the Minister may require.
2
The amount of such additional premium shall be determined in accordance with the Schedule to these Regulations.
3
An application for a Community premium may be treated as if it were also an application for an additional premium and, subject to Article 1a of the Commission Regulation (which provides for a reduction in the Community premium when the application is lodged within the period specified in that Article), such an application shall be lodged with the appropriate Minister annually within the period specified in Article 1 (1) of that Regulation.
4
The additional premium shall be payable subject to, and be reducible or recoverable under, the same conditions as are specified, in relation to the Community premium, in the Council Regulation and the Commission Regulation.
Keeping and preservation of records
5
1
An applicant shall preserve for a period of four years from the relevant date any bill, account, receipt, voucher or other record relating to —
a
the number of cattle kept on his holding during the period of six months following that date, and
b
any transaction concerning cattle, milk or milk products carried out by him at that date and during the period of twelve months following that date.
2
A specified successor shall preserve for a period of four years from the relevant date any bill, account, receipt, voucher or other record relating to —
a
the number of cattle kept on his holding during the period beginning with the relevant date and ending with a date which is six months following the date (as notified to him, at his request, by the appropriate Minister) on which the application of his predecessor was lodged, and
b
any transaction concerning cattle, milk or milk products carried out by him during the period beginning with the relevant date and ending with a date which is twelve months following the date (as notified to him, at his request, by the appropriate Minister) on which the application of his predecessor was lodged.
3
Without prejudice to the generality of the provisions of paragraphs (1) and (2) above, an applicant who may qualify for a premium under Article 2a of the Council Regulation or a specified successor of such an applicant shall either —
a
keep and preserve for a period of four years from the relevant date a special register recording the identification numbers of the suckler cows for which such application was made, or
b
preserve for such a period any record which he has kept under Article 9(1) of the Bovine Animals (Identification, Marking and Breeding Records) Order 1990 , provided that the suckler cows for which such application was made are clearly distinguished from the other dams recorded in such record.
4
In this regulation “relevant date” means, in relation to an applicant, the date on which his application was lodged with the appropriate Minister and, in relation to a specified successor, the date on which his predecessor’s holding was transferred to him.
Powers of authorised officers
6
1
An authorised officer may at all reasonable hours and on producing, if so required, some duly authenticated document showing his authority, exercise the powers specified in this regulation for the purposes of —
a
carrying out any control measure, or
b
ascertaining whether an offence under regulation 9(2) has been or is being committed.
2
An authorised officer may enter any land, other than land used only as a dwelling, which is, or which such officer has reasonable cause to believe to be, a holding occupied by, or in the possession of, an applicant or specified successor.
3
An authorised officer who has entered any land by virtue of this regulation may —
a
inspect and verify the total area of land farmed by an applicant or by a specified successor, and
b
inspect and count any cattle on that land.
4
An authorised officer entering any land by virtue of this regulation may take with him such other persons as he considers necessary.
5
An authorised officer may —
a
require an applicant or specified successor or an employee, servant or agent of an applicant or specified successor to produce any specified record and to supply such additional information in that person’s possession or under his control relating to an application for premium as the authorised officer may reasonably request;
b
inspect any such specified record and, where any such record is kept by means of a computer, have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with that specified record;
c
require that copies of, or extracts from, any specified record be produced;
d
retain any such specified record which he has reason to believe may be required as evidence in proceedings under these Regulations and, where any such record is kept by means of a computer, require it to be produced in a form in which it may be taken away.
Assistance to authorised officers
7
An applicant or specified successor or an employee, servant or agent of an applicant or specified successor shall give to an authorised officer such assistance as the authorised officer may reasonably request so as to enable the authorised officer to exercise any power conferred under regulation 6 and in particular, in relation to any cattle, shall arrange for the collection, penning and securing of such cattle, if so requested.
Recovery of premium
8
1
Where, in relation to an application for premium, an applicant or an employee, servant or agent of an applicant —
a
makes a statement which is untrue or misleading in a material respect; or
b
furnishes to the appropriate Minister any inaccurate information,
the appropriate Minister shall be entitled to recover on demand from the applicant the whole or any part of any premium paid to him.
2
Where an applicant —
a
having given an undertaking under Article 2(2) or 2a(2) of the Council Regulation, under Article 1(2) of the Commission Regulation or under paragraph 8(b) of the Schedule to these Regulations, fails in any way to comply with that undertaking;
b
fails to satisfy the appropriate Minister with regard to the matters specified in Article 2(1) or 2a(l) of the Council Regulation;
c
intentionally obstructs an authorised officer acting in exercise of the powers conferred upon him by regulation 6 or a person accompanying such authorised officer and acting under his instructions; or
d
fails without reasonable excuse to comply with a request made by an authorised officer under regulation 7,
the appropriate Minister shall be entitled to recover on demand from the applicant the whole or any part of any premium paid to him.
3
Where, in relation to an application for premium, a specified successor or an employee, servant or agent of a specified successor —
a
makes a statement which is untrue or misleading in a material respect; or
b
furnishes to the appropriate Minister any inaccurate information,
the appropriate Minister shall be entitled to recover on demand from the specified successor the whole or any part of any premium paid to his predecessor.
4
Where a specified successor —
a
fails to satisfy the appropriate Minister with regard to the matters specified in Article 4a(6) of the Commission Regulation;
b
intentionally obstructs an authorised officer acting in exercise of the powers conferred upon him by regulation 6 or a person accompanying such authorised officer and acting under his instructions; or
c
fails without reasonable excuse to comply with a request made by an authorised officer under regulation 7,
the appropriate Minister shall be entitled to recover on demand from that specified successor the whole or any part of any premium paid to his predecessor.
5
Where a person intentionally obstructs an authorised officer acting in exercise of the powers conferred upon him by regulation 6, or a person accompanying such authorised officer and acting under his instructions, or fails without reasonable excuse to comply with a request made by an authorised officer under regulation 7, the appropriate Minister shall be entitled —
a
where such person was at the time of such obstruction or failure an employee, servant or agent of an applicant, to recover on demand from that applicant the whole or any part of any premium paid to that applicant;
b
where such person was at the time of such obstruction or failure an employee, servant or agent of a specified successor, to recover on demand from that specified successor an amount equal to the whole or any part of any premium paid to his predecessor.
6
Where the appropriate Minister is entitled under any preceding paragraph of this regulation to recover from any person any payment of premium, the appropriate Minister may in addition recover from that person interest on the amount of that payment, calculated at the rate of one percentage point above the sterling three months London Interbank Offered Rate on a day to day basis from the date when that payment was made to that person or his predecessor (as the case may be) to the date of its recovery by the appropriate Minister.
Offences and penalties
9
1
If any person —
a
intentionally obstructs an authorised officer in the exercise of a power conferred by regulation 6; or
b
fails without reasonable excuse to comply with a request made under regulation 7,
he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
2
If any person for the purposes of obtaining for himself or any other person the whole or any part of any premium or in purported compliance with any requirement imposed in accordance with regulation 5 —
a
furnishes information which he knows to be false or misleading in a material particular; or
b
recklessly furnishes information which is false or misleading in a material particular,
he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
3
Proceedings in England and Wales for an offence under paragraphs (1) or (2) above may be brought within a period of six months from the date on which evidence sufficient in the opinion of the appropriate Minister to justify proceedings comes to his knowledge, and in any case within twelve months from the commission of the offence.
4
Summary proceedings in Scotland for an offence under paragraphs (1) or (2) above may be commenced within a period of six months from the date on which evidence sufficient in the opinion of the prosecutor to justify proceedings comes to his knowledge, and in any case within twelve months from the commission of the offence, and proceedings shall be deemed to be commenced on the date on which a warrant to apprehend or to cite the accused is granted, if such a warrant is executed without undue delay.
5
A certificate purporting to be signed —
a
for the purpose of paragraph (3) above, by or on behalf of the appropriate Minister, or
b
for the purposes of paragraph (4) above, by the prosecutor,
shall be conclusive evidence of the date on which evidence sufficient to justify proceedings came to his knowledge.
6
Where an offence under this regulation which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
7
Where the affairs of a body corporate are managed by its members, the provisions of paragraph (6) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
8
In paragraphs (6) and (7) above the references to a “body corporate” include references to a partnership in Scotland and, in relation to such partnership, any reference to a director or other officer of a body corporate is a reference to a partner.
Revocation
10
The Suckler Cow Premium Regulations 1980 , the Suckler Cow Premium (Amendment) Regulations 1980 , the Suckler Cow Premium (Amendment) (No.2) Regulations 1980 and the Suckler Cow Premium Regulations 1981 are hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
15th November 1991.
David Hunt
Secretary of State for Wales
20th November 1991
Strathclyde
Parliamentary Under Secretary of State, Scottish Office
14th November 1991


text:
1
1
These Regulations may be cited as the Education (Assisted Places) (Amendment) Regulations 1991 and shall come into force on 30th August 1991.
2
These Regulations shall apply in relation to a school year beginning on or after the date mentioned in paragraph (1).
3
In these Regulations a reference to the principal Regulations is a reference to the Education (Assisted Places) Regulations 1989 .
2
1
For paragraph (3) of regulation 2 of the principal Regulations there shall be substituted the following paragraph–
3
Where a custodianship order made under section 33 of the Children Act 1975 or a residence order within the meaning of section 8(1) of the Children Act 1989 is in force in respect of a child or pupil, his custodian, or the person with whom he is to live in accordance with the residence order (as the case may be), and the spouse (if any) of the custodian or that person shall be treated as the parents of the child or pupil for the purpose of these Regulations.
2
In paragraph (4) of regulation 2 of the principal Regulations after the words “section 88 of the Children Act 1975” there shall be inserted the words “(or, following the repeal of that section, of section 105(1) of the Children Act 1989)”.
3
In paragraphs (3) and (4) of regulation 11 of the principal Regulations for each reference to the sum “£1,000” there shall be substituted a reference to the sum “£1,065”.
4
In paragraph (2) of regulation 19 of the principal Regulations for the words “who, at the time of his selection for an assisted place (or consideration for selection), was attending such a school” there shall be substituted the words “who, at the time of his selection (or consideration for selection) for a place (whether assisted or not) at the participating school, was attending such a school as is mentioned in sub-paragraphs (a)–(d) above”.
5
In paragraph 3 of Schedule 1 to the principal Regulations (computation of income)–
a
at the end of sub-paragraph (1) the word “or” shall be deleted;
b
at the end of sub-paragraph (m) the word “or” shall be inserted;
c
after sub-paragraph (m) there shall be inserted the following sub-paragraph–
n
in pursuance of section 25 of the Finance Act 1990 (relief for donations to charity by individuals),
.
6
1
In paragraph 1 of Schedule 2 to the principal Regulations (scales of remission) for the sum “£8,200” there shall be substituted the sum “£8,714”.
2
Paragraph 2 of that Schedule shall be renumbered paragraph 2(1) and, after the words “In any other case” there shall be inserted the words “but subject to sub-paragraph (2) below,” and sub-paragraph (c) shall be omitted.
3
For the Table in paragraph 2 of that Schedule there shall be substituted the following Table–
TABLE
(1) (2) (3) (4) Part of relevant income to which specified percentage applies Only assisted pupils Each of two assited pupils Each of three assisted pupils
That part which exceeds £8,548 but does not exceed £9,294 9% 6.75% 5.25% That part (if any) which exceeds £9,294 but does not exceed £10,054 12% 9% 7% That part (if any) which exceeds £10,054 but does not exceed £11,560 15% 11.25% 8.75% That part (if any) which exceeds £11,560 but does not exceed £13,878 21% 15.75% 12.25% That part (if any) which exceed £13,878 exceeds £ 13,878 but does not exceed £16,902 24% 18% 14% That part (if any) which exceeds £16,902 33% 24.75% 19.25%
4
After paragraph 2(1) of that Schedule there shall be inserted a new paragraph as follows–
2
Where more than 3 children of the parents are assisted pupils, the fees for a school year in respect of the fourth and each subsequent child to be selected for an assisted place shall be wholly remitted and those in respect of each of the remaining children shall be remitted in accordance with sub-paragraph (1) above.
.
Kenneth Clarke
Secretary of State for Education and Science
26th July 1991
David Hunt
Secretary of State for Wales
26th July 1991


text:
1
This Order may be cited as the Public Telecommunication System Designated (Cable North (Forth District) Limited) (Falkirk and West Lothian) Order 1991 and shall come into force on 14th February 1991.
2
Each of the Applicable Cabled Systems is hereby designated as a public telecommunication system.
John Redwood
Minister of State,
Department of Trade and Industry
13th January 1991


text:
1
This Order may be cited as the Customs Duties (ECSC) (Amendment No. 6) Order 1991.
2
Article 6(1) of the Customs Duties (ECSC) Order 1987 (which exempts from duty goods to which that Order originating in certain countries) shall not apply to goods which originate in Yugoslavia if they have been exported therefrom on or after 15th November 1991.
Sydney Chapman
Gregory Knight
Two of the Lords Commissioners of Her Majesty’s Treasury
15th November 1991


text:
1
These Regulations may be cited as the Local Authorities (Borrowing) (Amendment) Regulations 1991 and shall come into force on 1st April 1991.
2
In these Regulations, “the principal Regulations ” means the Local Authorities (Borrowing) Regulations 1990 .
3
Regulation 4(3)(a) of the principal Regulations is hereby amended by the substitution, for “the Schedule” of “Schedule 1”.
4
Regulation 7 of the principal Regulations is hereby amended as follows —
a
for paragraph (7), substitute —
7
A local authority shall not issue sterling commercial paper or a sterling medium term note unless either —
a
the authority have —
i
issued debt securities some or all of which are included in the Official List of The Stock Exchange; and
ii
complied with their obligations under the listing rules in respect of their listed debt securities and, since the last publication in compliance with the listing rules of information about the authority, the authority, having made all reasonable enquiries, have not become aware of any change in their circumstances which could reasonably be regarded as significantly and adversely affecting their ability to meet their obligations in respect of sterling commercial paper or sterling medium term notes as the obligations fall due; or
b
in a case to which subparagraph (a)(i) above does not apply, the authority have complied with the requirements of Schedule 2 to these Regulations,
and in either case, the requirements of paragraph (8) below are complied with.
;
b
in paragraph (8) —
i
in subparagraph (a), omit the words “and provided the Bank with a detailed description of the purposes for which the proceeds of the issue would be used”; and
ii
in subparagraph (b)(i) omit the words “and provided the Bank with a detailed description of the purposes for which the proceeds of the programme would be used”;
c
for paragraph (9)(a) substitute —
a
contain a statement —
i
in a case to which paragraph (7)(a) above applies, that the authority are in compliance with their obligations under the listing rules in respect of their listed debt securities and that, since the last publication in compliance with the listing rules of information about the authority, the authority, having made all reasonable enquiries, have not become aware of any change in their circumstances which could reasonably be regarded as significantly and adversely affecting their ability to meet their obligations in respect of sterling commercial paper or sterling medium term notes as the obligations fall due; or
ii
in a case to which paragraph (7)(b) above applies, that the authority are in compliance with their obligations under Schedule 2 to these Regulations.
5
The principal Regulations are hereby amended —
a
by the substitution, for the heading of the Schedule, of “Schedule 1”; and
b
by the insertion, as Schedule 2, of the Schedule set out in the Schedule to these Regulations.
Michael Heseltine
Secretary of State for the Environment
28th February 1991
David Hunt
Secretary of State for Wales
7th March 1991
We consent,
Sydney Chapman
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
11th March 1991


text:
1
This Order may be cited as the Broadcasting Act 1990 (Jersey) (No. 2) Order 1991 and shall come into force on 1st August 1991.
2
In this Order “Jersey” means the Bailiwick of Jersey.
3
1
The following provisions of the Broadcasting Act 1990 shall extend, with the modifications specified in the Schedule to this Order, to Jersey —
a
in Part I (independent television services), sections 1 to 13, 23 to 35, 37 to 45, 48 to 55, 65 and 67 to 71;
b
Part III (independent radio services), except Chapter III ;
c
Part V (Broadcasting Complaints Commission), except section 149;
d
Part VI (Broadcasting Standards Council);
e
Part VIII (provisions relating to wireless telegraphy), except section 174;
f
in Part X (miscellaneous and general), sections 177, 178, 181, 182, 185, 186, 195 to 197, 199, 201 and 203; and
g
Schedules 1 to 3, 5, 7, 8, 13, 14, 16 and 21.
2
For the purpose of construing those provisions as so extended as part of the law of Jersey, unless a contrary intention appears —
a
any reference to an enactment which extends to Jersey shall be construed as a reference to that enactment as it has effect in Jersey, and
b
any reference to a licensable programme service, to a licensable sound programme service or to a local delivery service shall be construed as a reference only to a service of the kind in question which is provided in the United Kingdom under the Broadcasting Act 1990 as it has effect in the United Kingdom.
G. I. de Deney
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Non-Domestic Rating (Collection and Enforcement) (Local Lists) (Amendment and Miscellaneous Provision) (Amendment) Regulations 1991 and shall come into force on 15th February 1991.
Amendment of regulations
2
Regulation 2 of the Non-Domestic Rating (Collection and Enforcement) (Local Lists) (Amendment and Miscellaneous Provision) Regulations 1991 is amended by the substitution for the words “in accordance with regulations 4 and 5 below” of the words “in accordance with regulations 3 and 4 below”.
Michael Heseltine
Secretary of State for the Environment
12th February 1991
David Hunt
Secretary of State for Wales
12th February 1991


text:
Citation, commencement, application and interpretation
1
1
This Order may be cited as the Education (National Curriculum) (Attainment Targets and Programmes of Study in Geography) (England) Order 1991 and shall come into force in accordance with articles 2 to 5.
2
This Order applies in relation to maintained schools in England only.
3
In this Order —
“the Document” means the document published by Her Majesty’s Stationery Office entitled “Geography in the National Curriculum (England)” ;
references to the first, second, third and fourth key stages are references to the periods set out in paragraphs (a) to (d) respectively of section 3(3) of the Education Reform Act 1988;
references to levels of attainment are references to the levels set out in the Document in relation to each attainment target; and
references to ranges of levels of attainment are references to the range of levels of attainment specified for pupils of different abilities and maturities in respect of the key stage in question.
2
The provisions of this Order relating to the first key stage shall come into force —
a
on 1st August 1991 in respect of pupils in the first year of that key stage; and
b
on 1st August 1992 in respect of all other pupils.
3
The provisions of this Order relating to the second key stage shall come into force —
a
on 1st August 1991 in respect of pupils in the first year of that key stage;
b
on 1st August 1992 in respect of pupils in the second year of that key stage;
c
on 1st August 1993 in respect of pupils in the third year of that key stage; and
d
on 1st August 1994 in respect of all other pupils.
4
The provisions of this Order relating to the third key stage shall come into force —
a
on 1st August 1991 in respect of pupils in the first year of that key stage;
b
on 1st August 1992 in respect of pupils in the second year of that key stage; and
c
on 1st August 1993 in respect of all other pupils.
5
The provisions of this Order relating to the fourth key stage shall come into force —
a
on 1st August 1994 in respect of pupils in the first year of that key stage; and
b
on 1st August 1995 in respect of all other pupils.
Specification of attainment targets and programmes of study
6
It is hereby directed that the provisions relating to attainment targets and programmes of study set out in the Document shall have effect as provided in Articles 7 to 9 hereof for the purpose of specifying in relation to geography —
a
attainment targets; and
b
programmes of study.
7
Attainment targets 1-5 described in the Document are specified in relation to each key stage, the levels applicable (being those appropriate to the different abilities and maturities of the pupils being taught) being —
a
for the first key stage, levels 1-3;
b
for the second key stage, levels 2-5;
c
for the third key stage, levels 3-7; and
d
for the fourth key stage, levels 4-10.
8
Each programme of study described in the Document and set out in column 2 of the Schedule to this Order is specified in relation to the key stage set out beside it in column 1 of the Schedule, the levels applicable being those appropriate to the different abilities and maturities of the pupils being taught.
9
The examples printed in italics in the Document (which serve to illustrate the attainment targets and programmes of study therein described) do not form part of the provision made by this Order.


text:
Extent, citation and commencement
1
These Regulations, which extend to Great Britain, may be cited as the Hill Livestock (Compensatory Allowances) (Amendment) (No.2) Regulations 1991 and shall come into force on 18th July 1991. Amendment of the Hill Livestock (Compensatory Allowances) Regulations 1984
2
The Hill Livestock (Compensatory Allowances) Regulations 1984 shall be further amended in accordance with regulation 3 below.
3
In regulation 2 (interpretation):
a
for the definition of “designated maps” there shall be substituted the following definition:
“designated maps” means–
in relation to England, the 3 volumes of maps numbered 1 to 3, each such volume being marked “volume of maps of less-favoured farming areas in England” and with the number of the volume, dated 20th May 1991, signed and sealed by the Minister of Agriculture, Fisheries and Food and deposited at the offices of the Ministry of Agriculture, Fisheries and Food at Nobel House, 17 Smith Square, London SW1P 3JR;
in relation to Wales, the 2 volumes of maps numbered 1 and 2, both volumes being marked “volume of maps of less-favoured farming areas in Wales” and with the number of the volume, dated 20th May 1991, signed by the Secretary of State for Wales and deposited at the offices of the Welsh Office Agriculture Department at Trawsgoed, Aberystwyth, Dyfed SY23 4HT;
in relation to Scotland, the 4 maps numbered 1 to 4, each such map being marked “map of less-favoured farming areas in Scotland” and with the number of the map, dated 15th May 1991, signed by the Secretary of State for Scotland and deposited at the offices of the Scottish Office Agriculture and Fisheries Department at Pentland House, 47 Robb’s Loan, Edinburgh EH14 1TW;
; and
b
for the definition of “eligible land” there shall be substituted the following definition:
“eligible land” means an area of land not less than three hectares, which–
is situated in an area included in the list of less-favoured farming areas adopted by the Council or the Commission of the European Communities under Article 2(2) of Council Directive 75/268/ EEC on mountain and hill farming and farming in certain less favoured areas, as amended by Council Directive 80/666/EEC , which list is contained in Council Directive 84/169/EEC , as amended by Commission Decision 91/25/EEC , and
is severely disadvantaged land or disadvantaged land;
.
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, Fisheriesand Food
Strathclyde
Parliamentary Under Secretary of State, Scottish Office
19th June 1991


text:
Title and commencement
1
These Regulations may be cited as the Hormonal Substances (Food Sources) (Animals) Regulations 1991 and shall come into force on 8th August 1991.
Interpretation
2
In these Regulations, except where the context requires otherwise–
“animals” means the following food sources namely domestic animals of the bovine species, swine, sheep, goats, solipeds and poultry, and wild animals of those species and wild ruminants which have been raised on a holding;
“authorised officer” means any person (whether or not an officer of the enforcement authority) who is authorised by the enforcement authority in writing, either generally or specially, to act in matters arising under these Regulations;
“commercial operation” means, in relation to an animal, deriving food from it for the purpose of sale or for purposes connected with sale;
“enforcement authority”, subject to regulation 6(4) below, means the Ministers;
“holding” has the same meaning as it has for the purposes of the Medicines (Stilbenes and Thyrostatic Substances Regulations 1982 and the Medicines (Hormone Growth Promoters) (Prohibition of Use) Regulations 1988 ;
“hormonal substance” means any substances within either of the following categories–
stilbenes and thyrostatic substances;
substances with oestrogenic, androgenic or gestagenic action;
“the Ministers” means the Minister of Agriculture, Fisheries and Food, the Secretary of State for Health and the Secretary of State for Wales, acting jointly in relation to England and Wales, and the Secretary of State for Scotland in relation to Scotland;
“prohibited substance”, in relation to an animal, means any hormonal substance administered to that animal contrary to the prohibition in regulation 3 below;
“stilbenes” has the same meaning as in the Medicines (Stilbenes and Thyrostatic Substances) Regulations 1982;
“thyrostatic substances” has the same meaning as in the Medicines (Stilbenes and Thyrostatic Substances) Regulations 1982.
Prohibitions on administration to animals of hormonal substances
3
–
1
The administration to animals of hormonal substances is hereby prohibited as hereinafter provided.
2
For the purposes of this regulation the provisions of–
a
regulation 3 of the Medicines (Stilbenes and Thyrostatic Substances) Regulations 1982 including paragraph (2) thereof, and
b
regulation 3 of the Medicines (Hormone Growth Promoters) (Prohibition of Use) Regulations 1988 including paragraph (2) thereof,
shall have effect and shall be construed as if they were set out in this regulation.
Inspection of animals
4
An authorised officer may, by notice in writing given to the person in charge of an animal, require him to detain the animal at the place where it then is until the animal has been inspected by an authorised officer for the purpose of ascertaining whether any prohibited substance is present in it.
Prohibition of movement of animals in which prohibited substances are suspected of being present
5
Where it appears to an authorised officer, on such an inspection as is referred to in regulation 4 above, that any prohibited substance is present in an animal he may give notice in writing to the person in charge of the animal that, until the notice is withdrawn by a further notice in writing–
a
no commercial operations are to be carried out with respect to the animal; and
b
the animal is not to be moved from the place where it then is or is not to be so moved except to a place specified in the notice.
Notice requiring slaughter of a suspected animal
6
–
1
Where, on further investigation, it appears to an authorised officer that a prohibited substance is present in an animal which is the subject of a notice given under regulation 5 above, the authorised officer may give notice in writing to the person in charge of the animal requiring him to slaughter the animal, or to cause the animal to be slaughtered, in such a manner and within such a period as may be specified in the notice.
2
If any person on whom a notice has been served under paragraph (1) above fails to comply with the requirements of the notice relating to the slaughter of an animal, an authorised officer may, without prejudice to any proceedings arising out of such default, carry out or cause to be carried out such requirements.
3
Where an authorised officer has exercised the powers conferred on him under paragraph (2) above the enforcement authority may make a charge of an amount equal to the amount of expenses reasonably incurred by the authorised officer in doing so, which charge shall be payable by the person in default and shall be recoverable by the enforcement authority as a civil debt.
4
For the purposes of recovery of any amount payable under this regulation “enforcement authority” means–
a
where the slaughter takes place in England, the Minister of Agriculture, Fisheries and Food,
b
where the slaughter takes place in Wales, the Secretary of State for Wales, and
c
where the slaughter takes place in Scotland, the Secretary of State for Scotland.
Prohibition on disposal of slaughtered animals
7
Where an animal has been slaughtered under regulation 6 above, no person shall–
a
sell the carcase of that animal, or any part of such carcase, for human consumption; or
b
dispose of the carcase of that animal, or any part of such carcase, for human or animal consumption.
Offences and penalties
8
If any person contravenes, or fails to comply with, any provision of a notice given to him under these Regulations, or contravenes regulation 7 above, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to a fine.
Defence available to person charged with an offence
9
–
1
In any proceedings for an offence under these Regulations it shall be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence by himself or by a person under his control.
2
If in any case the defence provided by paragraph (1) above involves the allegation that the commission of the offence was due to the act or default of another person, or to reliance on information supplied by another person, the person charged shall not, without leave of the court, be entitled to rely on that defence unless–
a
at least seven clear days before the hearing; and
b
where he has previously appeared before a court in connection with the alleged offence, within one month of his first appearance,
he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of that other person as was then in his possession.
3
In paragraph (2) above any reference to appearing before a court shall be construed as including a reference to being brought before a court.
Enforcement
10
These Regulations shall be executed and enforced by the enforcement authority.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 4th July 1991.
Signed by authority of the Secretary of State for Health
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
4th July 1991.
Stephen Dorrell
Parliamentary Under Secretary of State for Health
5th July 1991
Strathclyde
Secretary of State for Scotland
4th July 1991
David Hunt
Secretary of State for Wales
5th July 1991


text:
1
This Order may be cited as the Public Telecommunication SystemDesignation (Alphavision Communications Lincoln Limited) Order 1991 andshall come into force on 28th May 1991.
2
Each of the Applicable Cabled Systems is hereby designated as apublic telecommunication system.
John Redwood
Minister of State,
Department of Trade and Industry
23rd April 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Frimley Park Hospital National Health Service Trust (Establishment) Order 1991 and shall come into force on 1st November 1991.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 1st November 1991;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Frimley Park Hospital National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called Frimley Park Hospital National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be–
to own and manage hospital accommodation and services provided at Frimley Park Hospital, Portsmouth Road, Frimley, Surrey, GU16 5UJ and associated hospitals.
Directors of the trust
4
The trust shall have, in addition to the chairman 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1 April 1992.
2
The accounting date of the trust shall be 31 March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions– of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The West Surrey and North East Hampshire Health Authority shall —
a
until the operational date make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The West Surrey and North East Hampshire Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the West Surrey and North East Hampshire Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Virginia Bottomley
Minister of State,
Department of Health
21st October 1991


text:
1
The part of the A6125 road which forms the roundabout at North Brunton at the junction with the Newcastle Western Bypass in the City of Newcastle Upon Tyne and shown by black vertical stripes on the deposited plan shall come become a trunk road as from the date when this Order comes into force.
2
In this Order “the deposited plan” means the plan numbered HA1O/2-/N227, marked “The (A6125) North Brunton Roundabout (Trunking) Order 1991”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SWIP 3PY.
3
This Order shall come into force on 15th April 1991 and may be cited as the (A6125) North Brunton Roundabout (Trunking) Order 1991.
Signed by authority of the Secretary of State for Transport
J. A. Owen
Regional Director, Northern Region,
Department of Transport
11th March 1991


text:
Citation and commencement
1
This Order may be cited as the Gloucestershire Districts (Electoral Arrange-ments) (Variation) Order 1991, and shall come into force on 1st December 1991.
Electoral arrangements in Cheltenham
2
1
The Gloucestershire Districts (Electoral Arrangements) Order 1991 shall be varied as provided in paragraphs (2) and (3).
2
There shall be substituted for article 3(8) of that Order —
8
Subject to paragraph (9) below, of the councillors elected for the Leckhampton with Up Hatherley ward, for the Hatherley and The Reddings ward and for the Prestbury ward on the ordinary day of elections in 1991 —
a
the councillor of each ward elected by the smallest number of votes cast in that election for that ward shall retire in 1992;
b
the councillor for each ward elected by the second smallest number of votes cast in the election for that ward shall retire in 1994; and
c
the others shall retire in 1995.
.
3
There shall be substituted for article 3(9) —
9
If in relation to any of those wards an equality of votes between any persons elected makes it uncertain which of them is to retire in any such year, the councillor of the ward in question who is to retire in that year shall be determined by lot.
.
Signed by authority of the Secretary of State for the Environment
Robert Key
Parliamentary Under Secretary of State,
Department of the Environment
29th November 1991


text:
1
This Order may be cited as the Companies (Defective Accounts) (Authorised Person) Order 1991 and shall come into force on 1st February 1991.
2
The Financial Reporting Review Panel Limited is hereby authorised for the purposes of section 245B of the Companies Act 1985.
John Redwood
Minister of State,
Department of Trade and Industry
9th January 1991