text:
Title, commencement and interpretation
1
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Contamination of Feeding Stuff) (England) (No. 4) Order 1989 and shall come into force on 2nd December 1989.
2
In this Order–
“ the Act ” means the Food and Environmental Protection Act 1985;
“designated area” means the farms, holdings and agricultural and other premises described in Schedule 1 to this Order;
“the Milk Marketing Board” means the Milk Marketing Board for England and Wales established under the Agricultural Marketing Act 1958 .
“slaughterhouse” has the same meaning as in section 34 of the Slaughterhouses Act 1974 .
Designated incident
2
In the opinion of the Minister of Agriculture, Fisheries and Food, food in the areas described in Schedule 1 to this Order is, or may be, or may become, unsuitable for human consumption in consequence of the escape of lead into imported animal feeding stuff.
Designated area
3
The areas described in Schedule 1 to this Order are hereby designated for the purposes of Part I of the Act.
Activities prohibited in the designated area
4
No person shall in the designated area–
a
slaughter any cattle for human consumption or for use in the preparation of feeding stuff;
b
prepare or process for supply to purchasers or others any food derived from cattle that were in the designated area on or after 7th November 1989 or anything which is derived from such cattle and from which food could be derived; or
c
feed to any creature from which food may be derived a feeding stuff which is the subject matter of the incident designated by article 2 of this Order or which is derived from cattle that were in the designated area on or after 7th November 1989.
Restrictions on movement
5
Subject to article 8 of this Order, no person shall move any milk or milk product derived from any cattle or any cattle from which milk may be derived, or any cattle from which meat or any other food for human consumption may be derived from any farm, holding, agricultural or other premises described in Schedule 1 to this Order.
Restrictions throughout the United Kingdom
6
No person shall, in the United Kingdom–
a
subject to article 8 of this Order, slaughter for human consumption or for use in the preparation of feeding stuff any cattle that were in the designated area after the coming into force of this Order;
b
subject to article 8 of this Order, supply, or, subject to article 8 of this Order, have in possession for supply, any milk, milk product, meat or other food, derived from cattle that were in the designated area after the coming into force of this Order;
c
feed to any creature from which food may be derived a feeding stuff which is the subject matter of the incident designated by article 2 of this Order and which was taken from the designated area after the coming into force of this Order; or
d
supply or have in possession for supply any food or anything from which food could be derived that was prepared or processed in contravention of article 4(b) of this Order.
Application of Order in relation to sheep and goats and certain things derived therefrom
7
1
The provisions of articles 4 to 6 of this Order shall have effect as regards the farms, holdings and agricultural and other premises described in Part II of Schedule 1 to this Order by substituting for the word “cattle” wherever it occurs in those articles the words “, sheep or goats”.
2
Where any farms, holdings or agricultural or other premises are described in both Part I and Part II of Schedule 1 to this Order, articles 4 to 6 and 7(1) of this Order shall apply in relation to them.
Exceptions to restrictions
8
1
Notwithstanding the restrictions in article 5 of this Order, the Milk Marketing Board may move milk from any farm, holding, agricultural or other premises described in Schedule 1 to this Order, subject to the condition set out in paragraph (2) below.
2
The condition referred to in paragraph (1) above is that such milk is processed into butter or milk powder.
3
Notwithstanding the restrictions in articles 6(a) and 7(1) of this Order, a person may slaughter for human consumption or for use in the preparation of feeding stuff any cattle, sheep or goats in respect of which a consent has been given under section 2(1) of the Act to the doing of everything prohibited and restricted by this Order.
4
Notwithstanding the restrictions in article 6(b) of this Order, there may be supplied to the Milk Marketing Board milk derived from cattle that were in the designated area after the coming into force of this Order.
5
Notwithstanding the restrictions in articles 6(b) and 7(1) of this Order, but subject to paragraph (6) below, where any milk, milk product, meat or other food derived from cattle, sheep or goats has been lawfully supplied to a person under the Act, that person may supply or have in possession for supply any such food or any food derived therefrom.
6
Paragraph (5) above shall not apply to an occupier of a slaughterhouse who supplies or has in possession for supply any meat derived from cattle which have been fed or may have been fed a feeding stuff which is the subject matter of the incident designated by article 2 of this Order.
Revocation
9
The Orders specified in Schedule 2 to this Order are revoked.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 1st December 1989.
Trumpington
Minister of State Ministry of Agriculture, Fisheries and Food


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Highland Regional Council (Loch Beannach) Water Order 1989 and shall come into force on 22nd February 1989.
Interpretation
2
In this Order —
“ the Act ” means the Water (Scotland) Act 1980;
“approved” means approved by the Secretary of State;
“the Council” means the Highland Regional Council as water authority;
“day” means a period of 24 hours reckoned from midnight;
“deposited plans” means the two plans, each prepared in duplicate, docqueted and signed as relative to this Order and marked respectively “The Highland Regional Council (Loch Beannach) Water Order 1989 Location Plan and Plan of Catchment Area” and “The Highland Regional Council (Loch Beannach) Water Order 1989 Plans & Sections of Works”, one copy of each of which is deposited in the Scottish Office, New St. Andrew’s House, Edinburgh, and the other in the office of the Chief Executive of the Council at Inverness;
“gauge” includes a gauge weir or other apparatus for measuring the flow of water;
“intake” includes any work by which water is taken by the Council for the purpose of the undertaking;
“undertaking” means the water undertaking for the time being of the Council;
“works” means the works described in Schedule 1 to this Order which the Council, in exercise of the powers conferred on them by section 21 of the Act, and in the lines and situations and according to the levels shown on the deposited plans, propose to construct and maintain or in the case of existing works continue to maintain for the purpose of providing a supply of water when they have acquired the necessary lands or sufficient rights therein.
Incorporation and application of provisions of Schedule 4 to the Act
3
The provisions of section 2 of Part II and sections 10(3) and (4) of Part III of Schedule 4 to the Act as modified and adapted in terms of section 29(1) of the Act and as set out in Schedule 2 to this Order apply to the undertaking in so far as affected by the provisions of this Order.
Water rights
4
Subject to the provisions of this Order, the Council may, for the purposes of the undertaking and by means of two intakes (part of Work No. 1), take water from Loch Beannach in the Sutherland District in the Highland Region.
5
1
During the construction of the works the Council may take from the said Loch Beannach such water as they may require for such construction.
2
After the completion of the works the Council shall —
a
in any day take from the said Loch Beannach sufficient water which, when discharged from Work No. 5 into the unnamed burn flowing south-westwards from the south-west side of the said Loch Beannach, will ensure a uniform and continuous flow of not less than 500 cubic metres in the said burn, measured through or over an approved gauge (part of Work No. 3);
b
in any day take into supply from the said Loch Beannach an additional quantity of water not greater than 900 cubic metres as measured through or over an approved gauge (part of Work No. 4).
6
If the power to take water conferred by this Order has not been exercised within ten years from the date on which this Order comes into force the said power shall cease.
Miscellaneous
7
The Council shall at all times after the expiration of six months from the date on which this Order comes into force keep at the office of the Chief Executive of the Council a copy thereof and a copy of each of the deposited plans.
Alasdair C Paton
Deputy Chief Engineer, Scottish Office
St Andrew’s House,
Edinburgh
5th February 1989


text:
1
The section of the trunk road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road as from the date when this Order comes into force.
2
In this Order–
i
“the deposited plan”
means the plan numbered HA/10/113/2WM marked “The (A4123) East of Birmingham–Birkenhead Trunk Road (De-Trunking at the Junction of Wolverhampton Road and Hagley Road West) Order 1989” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1 3PY.
ii
“the trunk road”
means the (A4123) East of Birmingham–Birkenhead Trunk Road.
3
This Order shall come into force on 5th May 1989 and may be cited as the (A4123) East of Birmingham–Birkenhead Trunk Road (De-Trunking at the Junction of Wolverhampton Road and Hagley Road West) Order 1989.
Signed by authority of the Secretary of State
Hugh Ellis-Rees
Regional Director West Midland Region
Department of Transport
11th April 1989


text:
Citation and commencement
1
This Order may be cited as the European Communities (Designation) (No. 2) Order 1989 and shall come into force on 29th January 1990.
Designation of Ministers or departments
2
1
For the purposes of section 2(2) of the European Communities Act 1972 the Ministers or government department specified in column 1 of the Schedule to this Order are hereby designated in relation to the matters respectively specified in column 2 of that Schedule.
2
Where a Minister or government department is designated in relation to any item in column 2 of the said Schedule, then, for the purposes of the said section 2(2), that Minister or government department is also hereby designated in relation to anything supplemental or incidental to the mattersspecified in that item.
3
Where more than one Minister or government department is designated by this Order in relation to any matter, the designation has effect as respects the making of regulations by any of them or by more than one of them acting jointly.
4
Regulations made by a Northern Ireland department in pursuance of this Order shall form part of the law of Northern Ireland and not of any other part of the United Kingdom.
G I de Deney
Clerk of the Privy Council


text:
1
The length of the Trunk Road described in the Schedule to this Order and shown by broad stripped hatching on the deposited plan shall cease to be a trunk road and shall be classified as a classified road as from the date on which the Secretary of State notifies the County Council of Humberside that the new trunk road is open for through traffic.
2
In this Order –
1
all measurements of distance are measured along the route of the relevant highway; and
2
i
“classified road” as a classification for a highway means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as a principal road;
ii
“the deposited plan” means the plan folio numbered HA 10/YHRO11 marked “The A1079 Trunk Road (York Road to Weighton Hill) (Detrunking) Order 1989”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London, SW1P 3PY;
iii
“the new trunk road” means the highway to be provided in pursuance of the A1079 Trunk Road (Market Weighton Bypass) Order 1989 ; and
iv
“the Trunk road” means the A1079 Trunk Road.
3
This Order shall come into force on 14th September 1989 and may be cited as the A1079 Trunk Road (York Road to Weighton Hill) (Detrunking) Order 1989.
Signed by authority of the Secretary of State
J. F. Ballard
Regional Director Yorkshire and Humberside Region
Department of Transport
14th August 1989


text:
Citation and commencement
1
These Regulations may be cited as the Pensions Increase (Approved Schemes) (National Health Service) Amendment Regulations 1989, and shall come into force on 15th May 1989.
Amendment of Regulations
2
1
The Pensions Increase (Approved Schemes) (National Health Service) Regulations 1976 shall be amended in accordance with the provisions of this regulation.
2
In regulation 2(1) (interpretation)–
a
for the definition of“reckonable service” there shall be substituted the following definition–
“reckonable service” has the meaning assigned to it by the civil service regulations, in relation to a person to whom regulation 4C applies; by the local government regulations, in relation to a person to whom regulation 4D applies; and by the schedule to these regulations, in relation to any other person;
;
b
for the words““regulation 75(1) optant” means a person to whom the provisions of regulation 75(1) of the 1961 regulations” there shall be substituted the words““regulation 79(1) optant” means a person to whom the provisions of regulation 79(1) of the 1980 regulations ”;
c
in the definition of“superannuation scheme” for“75(1)” there shall be substituted“79(1)”;
d
in the definition of“superannuable under the Regulations” for the words“43, 45 and 75 of the 1961 regulations” there shall be substituted the words“44, 48 and 79 of the 1980 regulations”;
e
in the definition of“the previous regulations” for the words“25th July 1961” there shall be substituted the words“6th March 1980” and after the words“National Health Service Act 1946” there shall be inserted“or section 10 of the Superannuation Act 1972 ”;
f
in the definition of“the Regulations” for the words“the 1961 regulations” there shall be substituted the words“the 1980 regulations”;
g
for the definition of“the 1961 regulations” there shall be substituted the following definition–
“the 1980 regulations” means the National Health Service (Superannuation) Regulations 1980
;
h
after the definition of“the retirement regulations” there shall be inserted the following definitions–
“the civil service regulations” means the Pensions Increase (Federated Superannuation Scheme for Nurses and Hospital Officers) (Civil Service) Regulations 1972 ;“the local government regulations” means the Pensions Increase (Approved Schemes) (Local Government) Regulations 1972 ;
.
3
In regulation 3 (application), for the words“described in regulation 4 hereof” there shall be substituted the words“to whom any of regulations 4 to 4D of these regulations applies”.
4
For the heading to regulation 4 there shall be substituted the heading“Persons remaining in or leaving reckonable service with an employing authority who are entitled to benefits under a superannuation scheme”.
5
In regulation 4(1), for the words“These regulations” there shall be substituted the words“This regulation”.
6
In regulation 4(1)(b), for the words“75(1) optant” there shall be substituted the words“79(1) optant”.
7
In regulation 4(1)(c)(ii), for the words“disabled by physical or mental infirmity” there shall be substituted the words“permanently incapacitated by physical or mental infirmity from engaging in any regular full-time employment”.
8
In regulation 4(2), for the words“75(1) optant” there shall be substituted the words“79(1) optant” and for the words“these regulations insofar as they apply” there shall be substituted the words“this regulation insofar as it applies”.
9
After regulation 4 there shall be inserted the following regulations–
Persons becoming superannuable under the Regulations on relinquishing options or on re-employment
4A
This regulation shall apply to any person who–
a
either–
i
has ceased to be employed by an employing authority, and immediately before doing so was in that employment subject to a superannuation scheme, or
ii
has ceased to be subject to a superannuation scheme while remaining in the employment of an employing authority;
and
b
within 12 months, or such longer period as the Secretary of State may allow, of that cessation has become superannuable under the Regulations; and
c
does not satisfy the requirements of regulation 4(1)(a)(ii) of these regulations but would satisfy them if the length of time during which he has been superannuable under the Regulations were added both to the length of time which he has spent in reckonable service and to his age at the time of the ceasing mentioned in paragraph (a) of this regulation.
Persons entering other employment on leaving reckonable service with an employing authority
4B
This regulation shall apply to any person who–
a
has ceased to be employed by an employing authority and immediately before doing so was in that employment subject to a superannuation scheme; and
b
within 12 months, or such longer period as the Secretary of State may allow, of that cessation has entered other employment which is either–
i
employment related to the provision of health or allied services, or
ii
employment in the civil service of the State, local government, education, the police or the fire service;
and
c
is not a person–
i
to whom the civil service regulations apply, or
ii
to whom those regulations would apply if regulation 3(2) of those regulations were disregarded, or
iii
to whom the local government regulations apply;
and
d
has within 6 months, or such longer period as the Secretary of State may allow, of the coming into operation of this regulation, applied for, and been granted, the Secretary of State’s approval, for the purposes of this regulation, of the employment referred to in paragraph (b) of this regulation; and
e
does not satisfy the requirements of regulation 4(1)(a)(ii) of these regulations but would satisfy them if the length of time during which he has been employed in the employment which is approved by the Secretary of State under paragraph (d) of this regulation were added both to the length of time which he has spent in reckonable service and to his age at the time of the ceasing mentioned in paragraph (a) of this regulation.
Special provision for persons becoming superannuable under the Regulations after employment in the civil service
4C
This regulation shall apply to any person who–
a
either–
i
has ceased to be employed in the civil service of the State, and immediately before doing so was in that employment subject to a superannuation scheme, or
ii
has ceased to be subject to a superannuation scheme while remaining in employment in the civil service of the State;
and
b
within 12 months, or such longer period as the Secretary of State may allow, of that cessation has become superannuable under the Regulations; and
c
does not qualify for a payment under the civil service regulations for any one or more of the following reasons (but for no other reason), namely–
i
that when he ceased to be in employment in the civil service of the State he had not completed the requisite period of reckonable service,
ii
that when he ceased to be in that employment he had not attained the requisite age, or
iii
that he ceased to be in that employment before 12th April 1972,
but would qualify for a payment under those regulations if the length of time during which he has been superannuable under the Regulations were added both to the length of time which he has spent in reckonable service and to his age at the time of the ceasing mentioned in paragraph (a) of this regulation and the application of the civil service regulations were not restricted to persons retiring from the civil service of the State on or after 12th April 1972.
Special provision for persons becoming superannuable under the Regulations after employment by a local authority
4D
This regulation shall apply to any person who–
a
either–
i
has ceased to be employed by a local authority and immediately before doing so was in that employment subject to a superannuation scheme, or
ii
has ceased to be subject to a superannuation scheme while remaining in the employment of a local authority;
and
b
within 12 months, or such longer period as the Secretary of State may allow, of that cessation has become superannuable under the Regulations; and
c
does not qualify for a payment under the local government regulations for either or both of the following reasons (but for no other reason), namely–
i
that when he ceased to be in that employment he had not completed the requisite period of reckonable service, or
ii
that when he ceased to be in that employment he had not attained the requisite age,
but would qualify for a payment under those regulations if the length of time during which he has been superannuable under the Regulations were added both to the length of time which he has spent in reckonable service and to his age at the time of the ceasing mentioned in paragraph (a) of this regulation.
10
Regulations 5(1) and (7) (notional pension and lump sum) shall be amended by the substitution, for the words“these regulations apply”, of the words“any of regulations 4 to 4D of these regulations applies”.
11
Regulation 6 (payments of benefits equivalent to statutory pension increases) shall be redesignated paragraph (1) of regulation 6, and for the words from“The Secretary of State shall,” to“these regulations apply” there shall be substituted the words“Subject to paragraph (2) of this regulation, the Secretary of State shall, in respect of the appropriate period as specified in paragraph (3) of this regulation, pay to a person to whom any of regulations 4 to 4D of these regulations applies”.
12
After paragraph (1) of regulation 6 there shall be added the following paragraphs–
2
The Secretary of State shall not pay the amounts referred to in paragraph (1) of this regulation to any person to whom any of regulations 4A to 4D of these regulations applies unless the person first makes a claim in writing to the Secretary of State.
3
The appropriate period referred to in paragraph (1) of this regulation is–
a
in relation to a person to whom regulation 4 of these regulations applies–
i
any period beginning on or after 1st March 1975 if he is a regulation 79(1) optant, and
ii
any period beginning on or after 1st December 1974 if he is not;
and
b
in relation to a person to whom any of regulations 4A to 4D of these regulations applies, any period beginning on or after 15th May 1989.
13
In paragraph 1(a) of the schedule (meaning of reckonable service) for the words“75(1) optant” there shall be substituted the words“79(1) optant” and in paragraph 4 of the schedule for the words“22 of the 1961 regulations” there shall be substituted the words“24 of the 1980 regulations”.
Signed by authority of the Secretary of State for Health.
D. Mellor
Minister of State,
Department of Health
19th April 1989
We approve
David Lightbown
Nigel Lawson
Lords Commissioners of Her Majesty’s Treasury
21st April 1989


text:
1
The following provisions of the Maentwrog — Bettws-y-Coed — East of Conway Trunk Road (Llanrwst By-Pass and Other Diversions) Order 1953 are hereby revoked: —
i
Article 4
ii
Article 6
iii
Paragraph 3 of Part I of the Schedule
iv
Paragraph 3 of Part II of the Schedule, and
v
Part III of the Schedule.
2
This order shall come into force on 20th April 1990 and may be cited as The Maentwrog — Bettws-y-Coed — East of Conway Trunk Road (Llanrwst By-Pass and Other Diversions) (Part Revocation) Order 1990.
Signed by authority of the Secretary of State
H. R. Bollington
An Assistant Secretary, Welsh Office
13th March 1990


text:
1
The A604 Catthorpe–Harwich Trunk Road (Thrapston to Brampton Section and Slip Roads) Order (No. 2) 1987 (hereinafter referred to as “the principal Order”) is varied as follows —
a
paragraphs (b) and (d) of Schedule 2, and paragraph (v) of Schedule 3, to that Order are deleted; and
b
the markings on Map No 3 in the deposited plan, within the meaning of that Order, which relate to the routes described in those paragraphs, namely, the heavy black lines given the reference numbers “iii” and “iv” and the narrow striped hatching given the reference number “5”, shall be disregarded.
2
The new highways which the Secretary of State proposes to construct along the routes described in Schedule 1 to this Order shall become trunk roads as from the date on which this Order comes into force.
3
The centre line of each of the new highways is shown by a heavy black line on the site plan in the deposited plan.
4
The length of highway described in Schedule 2 to this Order, indicated by narrow striped hatching on the said site plan, shall become a trunk road as from the date on which the Secretary of State notifies the Cambridgeshire County Council that the new highways mentioned in paragraph 2 of Schedule 1 to this Order are open for through traffic.
5
The Secretary of State directs as respects any part of a highway which crosses the route of any of the new highways that —
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question, until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purposes of through traffic.
6
In this Order —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the deposited plan” means the plan folio numbered HA10/2E/314 marked “The A604 Catthorpe–Harwich Trunk (Thrapston to Brampton Section and Slip Roads) (No. 2) 1987 Variation Order and New Trunk Roads Order 1990” containing a key plan and one site plan, signed by authority of Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the new highways” means the highways mentioned in article 2 of this Order, and “a new highway” means one of those highways;
iii
“the A1 trunk road” means the A1 London–Edinburgh–Thurso Trunk Road.
7
This Order shall come into force on 8th February 1991 and may be cited as the A604 Catthorpe–Harwich Trunk Road (Thrapston to Brampton Section and Slip Roads) Order (No. 2) 1987 Variation Order and New Trunk Roads Order 1990.
Signed by authority of the Secretary of State for Transport Regional Director
Peter Emms
Eastern Region
Department of Transport
20th December 1990


text:
1
These Regulations may be cited as the Housing (Change of Landlord) (Payment of Disposal Cost by Instalments) (Amendment) Regulations 1990 and shall come into force on 5th December 1990.
2
In the Housing (Change of Landlord) (Payment of Disposal Cost by Instalments) Regulations 1990 , in regulation 3(3) (payment by instalments) for the words “rate of 15.4 per cent.” there are substituted the words “rate of 14.5 per cent.”.
3
Regulation 2 above does not apply in respect of any period before 5th December 1990 notwithstanding that interest included in the amount of an instalment is paid after 4th December 1990.
Chris Patten
Secretary of State for the Environment
2nd November 1990
David Hunt
Secretary of State for Wales
5th November 1990


text:
Title and commencement
1
This Order may be cited as the Export of Sheep (Prohibition) (No. 2) Amendment No. 2 Order 1990 and shall comeinto force on 4th June 1990.
Amendment of the Export of Sheep (Prohibition) (No. 2) Order 1987
2
The Export of Sheep (Prohibition) (No. 2) Order 1987 is hereby amended by substituting for article 2(4)(b) the following sub-paragraph —
b
any sheep which was marked, as a condition of the granting of a consent under section 2(1) of that Act to its removal from a designated area –
i
with an apricot mark, in the case of a consent given on or before 30th July 1989; or
ii
with a green mark, in the case of a consent given on or before 1st October 1989; or
iii
with a blue mark, in the case of a consent given on or before 14th January 1990.
Revocation
3
The Export of Sheep (Prohibition) (No. 2) Amendment Order 1990 is 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, Fisheriesand Food
23rd May 1990.


text:
1
This Order may be cited as the Criminal Justice Act 1988 (Confiscation Orders) Order 1990 and shall come into force on 24th August 1990.
2
Part I of Schedule 4 to the Criminal Justice Act 1988 (offences in respect of which magistrates' courts may make confiscation orders) shall be amended by the addition to the offences there listed of the following offences —
a
an offence under paragraph 10(1) or (2) of Schedule 12 to the London Government Act 1963 to which sub-paragraph (3A) of paragraph 10 of that Schedule applies;
b
an offence under section 4(1) of the Private Places of Entertainment (Licensing) Act 1967 ;
c
an offence under section 4(2) of the Private Places of Entertainment (Licensing) Act 1967 to which subsection (3A)(b) of section 4 of that Act refers; and
d
an offence under paragraph 12(1) or (2) of Schedule 1 to the Local Government (Miscellaneous Provisions) Act 1982 to which sub-paragraph (2B) of paragraph 12 of that Schedule applies.
3
Accordingly, for the table of offences set out after the words “OFFENCES IN RESPECT OF WHICH MAGISTRATES' COURTS MAY MAKE CONFISCATION ORDERS” in Part I of Schedule 4 to the Criminal Justice Act 1988 there shall be substituted the following table:
Enactment Description of offence
LONDON GOVERNMENT ACT 1963 (c. 33) Schedule 12 — paragraph 10(1) and (2), in relation only to an offence to which sub-paragraph (3A) of paragraph 10 applies. Offences relating to the use of places in Greater London for public dancing or music or other public entertainment of the like kind. PRIVATE PLACES OF ENTERTAINMENT (LICENSING) ACT 1967 (c. 19) Section 4(1)Section 4(2), in relation only to an offence referred to in sub-section (3A)(b) of section 4. Offences relating to the use of places for dancing, music or other entertainment of the like kind which is not a public entertainment but is provided for private gain. LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1982 (c. 30) Schedule 1 — paragraph 12(1) and (2), in relation only to an offence to which sub-paragraph (2B) of paragraph 12 applies. Offences relating to the use of places outside Greater London for public dancing or music or other public entertainment of the like kind (not being in the open air) or for public musical entertainment held wholly or mainly in the open air on private land. Schedule 3 — paragraphs 20 and 21. Offences relating to sex establishments. VIDEO RECORDINGS ACT 1984 (c. 39) Section 9 Supplying video recording of unclassified work. Section 10 Possession of video recording of unclassified work for the purpose of supply. CINEMAS ACT 1985 (c. 13) Section 10(1)(a) Use of unlicensed premises for exhibition which requires a licence.
David Waddington
One of Her Majesty’s Principal Secretaries of State
Home Office
31st July 1990


text:
1
These Regulations may be cited as the Education (Areas to which Pupils and Students Belong) (Amendment) Regulations 1990 and shall come into force on 1st April 1990.
2
In these Regulations “the principal Regulations ” means the Education (Areas to which Pupils and Students Belong) Regulations 1989 .
3
In regulation 2(b) of the principal Regulations there shall be inserted after the word “absences” the words, “, except that a school pupil shall not be regarded as ordinarily resident in the area of a local education authority by reason only of his residing as a boarder at a school which is situated in the area of that authority”.
4
There shall be substituted for regulation 5 of the principal Regulations the following regulation–
Boarding school pupils whose circumstances change
5
1
This regulation shall apply in the case of a school pupil, other than one for whom a statement of special educational needs is maintained under the Education Act 1981 , who attends a boarding school as a boarder, where–
a
he so attends as a result of arrangements made or originally made by a local education authority under section 6 of the Education (Miscellaneous Provisions) Act 1953 , or
b
any fees or expenses which are related to his attendance are or were, immediately before the change of circumstances referred to in paragraph (2), paid, in whole or in part, by such an authority under regulations for the time being in force under section 81 of the Education Act 1944 .
2
Such a pupil who, by reason of a change of circumstances, ceases to be treated as belonging to the area of a particular local education authority (or would so cease but for this provision) shall, irrespective of whether he commenced boarding at the school before or after the coming into force of these Regulations, be treated, for so long as he remains a boarder at the school, as belonging to the area of the local education authority who placed him at the school or give (or gave) him such financial assistance in respect of his attendance there.
5
In regulation 8 of the principal Regulations–
a
in paragraph (3) there shall be substituted for the word “belonged” the words “was treated as belonging”; and
b
in paragraph (4) there shall be substituted for the words “did not belong” the words “was not treated as belonging”.
6
In regulation 15 of the principal Regulations there shall be inserted at the end “; and this regulation shall apply to the exclusion of any preceding regulation which would otherwise apply in his case.”.
John MacGregor
Secretary of State for Education and Science
26th February 1990
Peter Walker
Secretary of State for Wales
26th February 1990


text:
PART I
GENERAL
Citation and commencement
1
These Regulations may be cited as the Education (Grant) Regulations 1990 and shall come into force on 7th November 1990.
Interpretation and construction
2
1
In these Regulations–
“approved expenditure” means expenditure which is approved by the Secretary of State for the purposes of the payment of grant;
“capital expenditure” means expenditure on or in connection with–
the acquisition of any interest in land or buildings;
the provision or alteration of buildings; or
the provision of furniture or equipment otherwise than in the course of periodic maintenance;
“grant” means a grant in pursuance of these Regulations;
“loan” means a loan in pursuance of regulation 9; and
“Universities Funding Council” means the body established by section 131 of the Education Reform Act 1988.
2
Except when the context otherwise requires, a reference in these Regulations to a regulation is a reference to a regulation contained therein and a reference in a regulation to a paragraph is a reference to a paragraph of that regulation.
Rate of grant
3
Save as mentioned in regulation 8, any grant may be of an amount constituting reimbursement of the approved expenditure to which it relates or of a lesser amount determined by the Secretary of State.
Payment of grant
4
Payments of grant shall be made at such times and in such instalments as the Secretary of State thinks appropriate.
Revocation and amendment
5
1
The Regulations specified in the Schedule hereto are hereby revoked:
Provided that nothing in this regulation shall affect any condition or requirement imposed by or under any of the Regulations so revoked.
2
The Direct Grant Schools Regulations 1959 shall continue to have effect with the amendment made by regulation 2(2) of the Education (Grant) Regulations 1983 (insertion of Regulation 10A).
PART II
PAYMENT OF GRANTS
Special Schools
6
The Secretary of State may pay grants to persons other than local education authorities by whom special schools are maintained or proposed to be maintained in respect of approved expenditure incurred by them for the purposes of, or in connection with, the provision (or proposed provision) of education in special schools.
Further and higher education institutions
7
1
Subject to paragraph (3), this regulation applies to institutions which provide further education or higher education (or both) including institutions providing such education for persons who have learning difficulties.
2
For the purposes of this regulation a person has a “learning difficulty” if–
a
he has a significantly greater difficulty in learning than the majority of persons of his age; or
b
he has a disability which either prevents or hinders him from making use of facilities of a kind generally provided for persons of his age in such institutions as are mentioned in paragraph (1) or any class thereof,
but a person is not to be taken as having a learning difficulty solely because the language (or form of the language) in which he is, or will be, taught is different from a language (or form of language) which has at any time been spoken in his home.
3
This regulation does not apply to–
a
any institution conducted for profit;
b
any institution provided by a local education authority;
c
any institution whose activities are eligible for funding by the Universities Funding Council except the Open University;
d
any institution within the PCFC funding sector.
8
The Secretary of State may pay grants to the governing bodies of institutions to which regulation 7 applies in respect of approved expenditure incurred or to be incurred by them for the purposes of, or in connection with, the provision (or proposed provision) of further education or higher education (or both):
Provided that grant in respect of approved capital expenditure incurred or to be incurred by the governing body of Trinity College, Carmarthen, shall not exceed 85% of the approved expenditure.
Loans
9
Where grant in respect of approved capital expenditure is paid to the governing body of Trinity College, Carmarthen, the Secretary of State may make a loan to that body of an amount not exceeding 15% of the approved capital expenditure to which the grant relates.
Courses of adult education
10
1
The Secretary of State may pay grants to any body mentioned in paragraph (2) in respect of approved expenditure incurred or to be incurred by them in providing tuition for the purposes of any course of adult education included in a programme approved by the Secretary of State for the purposes hereof.
2
The bodies referred to in paragraph (1) are–
a
any association having as its principal object, or one of those objects, the promotion throughout England and Wales of education for adults;
b
any district committee of such an association.
3
In the case of a district committee of the Workers' Educational Association, the power to pay grants under this regulation shall extend to approved expenditure incurred or to be incurred by them in connection with any such course as is referred to in paragraph (1).
Other educational services provided by national associations
11
The Secretary of State may pay grants to any association referred to in regulation 10(2)(a) in respect of approved expenditure incurred or to be incurred by them for the purposes of, or in connection with, the provision (or proposed provision) of educational services other than expenditure in providing, or in connection with the provision of, a course of adult education included in a programme approved by the Secretary of State for the purposes of regulation 10.
Informal vocational, social, physical and recreational training
12
The Secretary of State may pay grants to persons other than local education authorities in respect of approved expenditure incurred or to be incurred by them for the purposes of, or in connection with, the provision (or proposed provision), whether as part of wider activities or not, of vocational, social, physical and recreational training provided (or to be provided) otherwise than in any educational institution and otherwise than for profit.
Training of youth leaders and community centre wardens
13
The Secretary of State may pay grants to the governing body of the University of Durham and to any national youth organisation in respect of approved expenditure incurred or to be incurred by them in providing courses for the training of youth leaders and community centre wardens.
Learned Societies
14
1
The Secretary of State may pay grants to any body mentioned in paragraph (2) (being bodies whose object or main object is, in his opinion, the promotion of learning or research) in respect of approved expenditure incurred or to be incurred by them for the purposes of any of their activities.
2
The bodies referred to in paragraph (1) are–
a
the body corporate constituted by Royal Charter and known at the date of these Regulations as the British Academy for the Promotion of Historical, Philoso phical and Philological Studies;
b
the body corporate constituted by Royal Charter and known at the date of these Regulations as the Royal Society of London for improving Natural Knowledge;
c
the United States Educational Commission in the United Kingdom established by the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the United States of America, dated 22nd September 1948 (the Fulbright Commission).
Certain educational services and research
15
1
The Secretary of State may pay grants to persons other than local education authorities in respect of approved expenditure incurred or to be incurred by them–
a
for the purposes of, or in connection with, the provision (or proposed provision), whether by them or any other person, of educational services of an administrative, advisory, informatory, organising or training character, or
b
for the purposes of, or in connection with, the provision (or proposed provision) of education by any other person in (i) any school or (ii) any institution providing further education or higher education (or both).
2
The Secretary of State may pay grants to persons other than local education authorities in respect of approved expenditure incurred or to be incurred by them for the purposes of educational research.
Training abroad of teachers and others
16
1
The Secretary of State may pay grants to persons other than local education authorities in respect of approved expenditure incurred or to be incurred by them by way of payments to any person mentioned in paragraph (2) for the purpose of facilitating at a place outside the United Kingdom–
a
that person’s training or further training with a view to his continuing to be employed in education whether in his existing or a different capacity;
b
the provision of experience (whether or not within education) which is likely to benefit that person in the capacity in which he is employed, or
c
the study by that person of matters connected with, or related to, education.
2
The persons referred to in paragraph (1) are–
a
teachers;
b
youth and community workers ;
c
education welfare officers;
d
educational psychologists;
e
local education authority inspectors;
f
education advisers employed by such authorities; and
g
persons employed by such authorities in the administration of the education service provided by them.
PART III
SUPPLEMENTAL
Conditions of Payment
17
The making of payments of grant or by way of loan shall be dependent on the fulfilment of such conditions as may be specified by the Secretary of State in the case in question.
Requirements to be observed
18
1
The persons to whom payments of grant or by way of loan are made shall comply with such requirements (including requirements as to the repayment of grant or the payment to the Secretary of State of other sums related to the value of assets acquired, provided or improved with the aid of grant or interest on sums due to him) as may be specified by the Secretary of State in the case in question.
2
Without prejudice to the generality of paragraph (1), the persons to whom payments of grant are made–
a
shall keep such records and accounts and furnish to the Secretary of State such information, documents, returns and accounts as the Secretary of State may from time to time require;
b
shall open to the inspection of the Comptroller and Auditor General the records and accounts kept pursuant to the requirement imposed under sub-paragraph (a) above;
c
shall, where grant has been paid in respect of expenditure to be incurred and the expenditure or part of it is not incurred, repay on application made in that behalf by the Secretary of State the grant paid or the proportionate part thereof;
d
shall not, where grant has been paid in respect of capital expenditure incurred or to be incurred, dispose of any, or any part of any, asset in respect of which the grant was paid except with the written consent of the Secretary of State and, where any such asset is disposed of, shall pay to the Secretary of State on application made by him such sum as appears to him to represent the value of the asset at the date of its disposal or such lesser sum as may be specified in his application;
e
shall open or cause to be opened to inspection by a person being either one of Her Majesty’s Inspectors appointed under section 77 of the Education Act 1944 or a person authorised for the purposes hereof by the Secretary of State–
i
where grant has been paid to the governing body of an educational institution, that institution;
ii
where grant has been paid in respect of any educational service or educational research, any premises or other thing used for the purposes of that service or research,
and shall afford to any such person all the facilities he requires for making his inspection.
3
In this Regulation references to the disposal of an asset include, in the case of land, the granting of any interest in land.
Transitional exemption orders for the purposes of the Sex Discrimination Act 1975
19
1
This regulation applies in the case of an institution in respect of which grants are payable under regulation 8 which is–
a
a single-sex establishment within the meaning of section 26(1) of the Sex Discrimination Act 1975 , and
b
is designated under section 24(1) of that Act .
2
On the application of the responsible body (within the meaning of section 27 of the said Act of 1975) of such an institution the Secretary of State may make a transitional exemption order authorising disciminatory admissions thereto during a period specified in the order.
3
An application for such an order shall specify–
a
the transitional period during which the applicants propose that discriminatory admissions should be authorised by the order;
b
the stages by which the applicants propose to move to the position where section 22(b) of the said Act of 1975 is complied with, and
c
any other matters relating to the terms and operation of the order applied for.


text:
Citation and Commencement
1
This Order may be cited as the Portsmouth Flathouse Quay Harbour Revision Order 1990 and shall come into force on 28th July 1990.
Interpretation
2
1
In this Order
“the Act of 1847 ” means the Harbours, Docks, and Piers Clauses Act 1847 ;
“the authorised works ” means the works authorised by this Order or any part of those works and where any part of those works remain uncompleted, includes the site thereof;
“ the Council ” means the Portsmouth City Council;
“the deposited plan” means the plan prepared in duplicate signed by an Assistant Secretary in the Department of Transport and marked “Plan and Sections referred to in the Portsmouth Flathouse Quay Revision Order 1990” of which one is deposited at the offices of the Department of Transport and one at the offices of the City Secretary and Solicitor of the Council;
“ enactment ” means any enactment whether public general or local and includes any order, byelaw, rule, regulation, scheme or other instrument having effect by virtue of an enactment;
“the level of high water ” means the level of mean high-water springs;
“the limits of deviation ” means the limits of deviation shown on the deposited plan;
“ Trinity House ” means the Corporation of Trinity House of Deptford Strond;
“ Queen’s Harbour Master ” means the person for the time being appointed to be Queen’s Harbour Master of the Dockyard Port of Portsmouth under the Dockyard Ports Regulation Act 1865 ;
“ tidal work ” means a work on, under or over any part of the seashore lying below mean high water springs;
“ vessel ” includes every description of water craft, including non-displacement craft and seaplanes, used or capable of being used as a means of transportation on water.
2
All distances and lengths stated in any description of works powers or lands shall be construed as if the words “or thereabouts” were inserted after each such distance and length.
Incorporation of the Act of 1847
3
1
The Act of 1847 (except sections 6 to 13, 16 to 20, 25 to 27, 31, 48, 49, 50, 67, 79 to 82, 84 to 90, 95, 97 and 98 and so much of the proviso to section 83 as follows the words “the special Act”), so far as the same is applicable for the purposes of and is not inconsistent with, or varied by, the provisions of this Order is hereby incorporated with this Order:
Provided that–
a
section 15 of the Act of 1847 shall have effect as if for the words from “shall forfeit” to the end of the section there were substituted the words “shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale”;
b
section 23 shall have effect as if the words “provided that no such lease be granted for a longer term than three years” were omitted;
c
section 34 of the Act of 1847 shall have effect as if after the word “may” there were inserted the words “(producing if so required a duly authenticated document showing his authority)”;
d
section 63 of the Act of 1847 shall have effect as if the words “and a further sum of twenty shillings for every hour that such vessel shall remain within the limits aforesaid, after a reasonable time for removing the same has expired after such requisition” were omitted; and
e
section 69 of the Act of 1847 shall have effect as if for the words from “shall forfeit” to the end of the section there were substituted the words “shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale;”
2
In the construction of the Act of 1847 as so incorporated the expression “the special Act” shall mean this Order and the expression “vessel” shall have the meaning assigned to it by Article 2(1) of this Order.
3
a
For the purposes of section 83 of the Act of 1847 as so incorporated sections 236 to 238 of the Local Government Act 1972 shall apply to this Order as if it were such an enactment as is referred to in the said section 236, and:–
i
for the purposes of the said section 236 the confirming authority for byelaws made under the said section 83 shall be the Secretary of State for Transport; and
ii
the said section 236 shall have effect as if in subsection (7) thereof after the word “confirm” where it firstly occurs in the sub-section the words “with or without modification” were inserted.
b
If the Secretary of State, on considering byelaws relating to the harbour made by the Council and submitted under the said section 236 as having effect in accordance with paragraph (a) above, proposes to make a modification which appears to him to be substantial, he shall inform the Council and require them to take any steps he considers necessary for informing persons likely to be concerned with the modification, and shall not confirm the byelaws until such period has elapsed as he thinks reasonable for consideration of, and comment upon, the proposed modification by the Council and by other persons who have been informed of it.
Power to Construct etc Works
4
1
Subject to the provisions of this Order, the Council may, when they have acquired the necessary lands or obtained sufficient interests therein, make and maintain within the limits of deviation the following works in the City of Portsmouth: A quay wall on the seaward side of the existing Flathouse Quay commencing by a junction with Berth 2 at its north-western end, passing in a north-westerly direction for a distance of 14 metres on a seaward projection of the line of the seaward face of Berth 2, then turning south-westwards to a line parallel to the existing face of Berth 1 at a distance of 10 metres from that face and passing on that line for a distance of 188 metres, then turning south-south-eastwards and terminating by a junction with the existing face of Berth 1 at the boundary of Flathouse Quay with HM Naval Base, Portsmouth.
2
The Council may demolish and remove the disused triangular dolphin situated 90 metres seaward of Flathouse Quay Berth One at Latitude 1° 05' 29"W Longitude 50° 48' 32"N.
3
The Council may within the limits of deviation extend, enlarge, alter, replace or relay the authorised works.
4
For the purposes of this Article and Articles 5, 6 and 7, the Council may authorise any person, company or undertaking to carry out the authorised works, as agent of the Council or otherwise.
Power to Deviate
5
In constructing the authorised works the Council may deviate laterally from the lines or situations thereof shown on the deposited plan to the extent of the limits of deviation.
Further Powers as to Works
6
Subject to the provisions of this Order, the Council may by means of the authorised works enclose and reclaim from the foreshore and bed of the sea, and may hold and use as part of Flathouse Quay so much of the foreshore and bed of the sea as is situate within the limits of deviation and is required for, or in connection with, the authorised works.
Subsidiary Works
7
Subject to the provisions of this Order, the Council may in connection with the authorised works and within the limits of deviation, construct, erect, lay down, place, maintain, work or use all necessary or convenient bridges, abutments, booms, pontoons, fenders, tanks, pumps, conduits, pipes, wires, mains, cables, rails, signals, conveyors, cranes, lifts, hoists, drops, weighbridges, stairs, stages, platforms, catwalks, landing places, dolphins, buoys, moorings, beacons, approaches, buildings, sheds, offices, depots, roads, walls, fences, gates, equipment, machinery and appliances and such other works and apparatus as they think fit:
Provided that electrical works or equipment constructed, erected, laid down or placed or maintained, worked or used pursuant to the powers conferred by this article shall be so constructed, erected, laid down or placed, and so maintained, worked or used, that any electricity generated or conveyed by any such works or equipment or used therein or in connection therewith does not cause interference (whether by induction or otherwise) with any telecommunications apparatus or with telecommunication by means of any such apparatus.
Directions and Jurisdiction of Harbour Master
8
1
Subject to paragraph (2) below the limits within which the powers of the Harbour Master of the Council may be exercised under and subject to the Act of 1847 as incorporated with this Order and all other powers enabling him in that behalf shall extend to a distance of one hundred metres in every direction from the authorised works.
2
The powers conferred by paragraph (1) above shall be limited to vessels going to, moored at or departing from the authorised works.
3
Subject to the provisions of Article 3 of this Order section 52 of the Act of 1847 in its application to the Council and the Harbour Master shall extend to empower the Harbour Master to give directions prohibiting the mooring of vessels in or near to any approach to the works.
Recovery of Rates in Respect of Vessels
9
In addition to the remedy given by section 44 of the Act of 1847 as incorporated with this Order and whether the demand which may be made under that section has been made or not the Council may recover any rates to which that section applies as a debt in any court of competent jurisdiction.
Harbour Master may Prevent Sailing of Vessels
10
The Harbour Master may prevent the removal or sailing from the authorised works of any vessel until evidence has been produced to him of the payment of any ship, passenger and goods dues and other charges payable in respect of the vessel or of passengers thereon or of the goods imported or exported therein.
Power to Dredge etc
11
1
The Council may with the consent of the Queen’s Harbour Master enter upon and from time to time dredge, scour, deepen and improve the bed, shores and channels of the sea adjoining or near to the authorised works for the purpose of affording uninterrupted means of access thereto or the accommodation of vessels thereat.
2
Without prejudice to the generality of paragraph (1) of this Article, the Council may exercise the powers of that paragraph so as to ensure a depth of 7 metres below admiralty chart datum in the vicinity of, and in the approaches to, the authorised works.
3
All chalk, gravel, rock and other materials dredged up or removed by the Council in the exercise of the powers of this Article shall be the property of the Council and they may use the same, or any part thereof, or they may sell, or otherwise dispose of or remove or deposit the same, as they think fit:
Provided that no such materials shall be laid down or deposited in any place below the level of high water–
a
otherwise than in such a position and under such conditions and restrictions as may be approved or prescribed by the Secretary of State; and
b
without the consent in writing of the Queen’s Harbour Master having been first obtained.
4
The powers of the Council under this Article shall be exercisable subject to the provisions of Article 22 (Crown Rights) and Article 23 (saving rights of Queen’s Harbour Master) of this Order and in particular and without prejudice to that general limitation, any consent given to the exercise of such powers by the Crown Estate Commissioners on behalf of Her Majesty may be given subject to such restrictions and conditions, including the payment by the Council to the Crown Estate Commissioners of royalties, rents or sums of money in respect of materials raised from any place below the level of high water and sold by the Council under this Article or in respect of any place below the level of high water upon which materials may be deposited, as may be fixed by the Crown Estate Commissioners.
Fine for Obstructing Works
12
Any person who intentionally obstructs any person acting under the authority of the Council in setting out the lines of the authorised works, or who moves or removes any pole, stake, station point or bench mark established for the purpose of such setting out shall for every such offence be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Tidal Works not to be Executed without Approval of Secretary of State
13
1
A tidal work shall not be constructed, altered, enlarged, replaced, relaid or extended except in accordance with plans and sections approved by the Secretary of State and subject to any conditions and restrictions imposed by the Secretary of State before the work is begun.
2
If a tidal work is constructed, altered, enlarged, replaced, relaid or extended in contravention of this Article or of any condition or restriction imposed under this Article–
a
the Secretary of State may by notice in writing require the Council at their own expense to remove the tidal work or any part thereof and restore the site thereof to its former condition and if on the expiration of thirty days from the date when the notice is served upon the Council they have failed to comply with the requirements of the notice the Secretary of State may execute the works specified in the notice or
b
if it appears to the Secretary of State urgently necessary so to do he may remove the tidal work or part of it and restore the site to its former condition;
and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the Council as a simple contract debt.
Provision against Danger to Navigation
14
1
In case of injury to or destruction or decay of a tidal work or any part thereof the Council shall as soon as reasonably practicable notify Trinity House and the Queen’s Harbour Master and shall lay down such buoys exhibit such lights and take such other steps for preventing danger to navigation as Trinity House shall from time to time direct.
2
If the Council shall fail to notify Trinity House or the Queen’s Harbour Master as required by this Article or to comply in any respect with a direction given under this Article they shall be liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Abatement of Works Abandoned or Decayed
15
1
Where a tidal work is abandoned or suffered to fall into decay the Secretary of State may by notice in writing require the Council at their own expense either to repair and restore the work or any part thereof or to remove the work and restore the site thereof to its former condition to such an extent and within such limits as the Secretary of State thinks proper.
2
Where a work consisting partly of a tidal work and partly of works on or over land above the level of high water is abandoned or suffered to fall into decay and that part of the work on or over land above the level of high water is in such condition as to interfere or to cause reasonable apprehension that it may interfere with the right of navigation or other public rights over the foreshore the Secretary of State may include that part of the work or any portion thereof in any notice under this Article.
3
If on the expiration of thirty days from the date when a notice under this Article is served upon the Council they have failed to comply with the requirements of the notice the Secretary of State may execute the works specified in the notice and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the Council as a simple contract debt.
Survey of Tidal Works
16
The Secretary of State may at any time if he deems it expedient order a survey and examination of a tidal work or of the site upon which it is proposed to construct the work and any expenditure incurred by the Secretary of State in any such survey and examination shall be recoverable from the Council as a simple contract debt.
Permanent Lights on Tidal Works
17
1
After the completion of a tidal work the Council shall at the outer extremity thereof exhibit every night from sunset to sunrise such lights if any and take such other steps for the prevention of danger to navigation as Trinity House shall from time to time direct.
2
If the Council fail to comply in any respect with a direction given under this Article they shall be liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine:
Provided that it shall be a defence for the Council to prove that all due diligence was used to secure compliance with any such direction.
Lights on Tidal Works during Construction
18
1
The Council shall at or near a tidal work during the whole time of the construction, alteration, enlargement, replacement, relying or extension thereof exhibit every night from sunset to sunrise such lights if any and take such other steps for the prevention of danger to navigation as Trinity House shall from time to time direct.
2
If the Council fail to comply in any respect with a direction given under this Article they shall be liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine:
Provided that it shall be a defence for the Council to prove that all due diligence was used to secure compliance with any such direction.
Recovery of Fines
19
1
All fines and forfeitures recoverable under the provisions of the Act of 1847 as incorporated with this Order or under any byelaw made in pursuance of section 83 of the Act of 1847 as so incorporated may be recovered in a summary manner.
2
Any costs or expenses recoverable as aforesaid may be recovered summarily as civil debts.
Power to Lease etc
20
The Council may, for harbour purposes, lease or grant the use or occupation of, or any right or interest in, or over, any lands, works, buildings, equipment or other property forming part of the Flathouse Quay or the authorised works for such period or periods and on such terms and conditions as shall be agreed between the Council and the person taking the same.
Further Extension of Section 86 of Portsmouth Corporation Act 1959
21
Section 86 (Powers with respect to disposal of wrecks) of the Portsmouth Corporation Act 1959 as having effect in accordance with Article 21 of the Portsmouth Mile End Quay Revision Order of 1966 , Article 21 of the Portsmouth Mile End Quay Revision Order 1973 and Article 15 of the Portsmouth Mile End Quay Revision Order 1988 shall have effect as if the references to any approach to the Flathouse Wharf and Quay in subsections (1) and (7) of that section included a reference to any approach to the authorised works.
Crown Rights
22
Nothing in this Order affects prejudicially any estate, right, power, privilege or exemption of the Crown and in particular nothing herein contained authorises the Council to take use or in any manner interfere with any portion of the shore or bed of the sea or of any river, channel, creek, bay or estuary or any land hereditaments, subjects or rights of whatsoever description belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners without the consent in writing of those Commissioners on behalf of Her Majesty first had and obtained for that purpose.
Saving Rights of Queen’s Harbour Master
23
Nothing in this Order shall take away, alter, prejudice or affect the jurisdiction or any rights, powers, authorities or privileges of the Queen’s Harbour Master.
24
All the costs, charges and expenses preliminary to and of and incidental to the preparation of and the application for and the obtaining of this Order or otherwise in relation thereto (other than those which any person is lawfully ordered to pay by the Secretary of State for Transport or a joint Committee of both Houses of Parliament or any costs, charges and expenses incurred in opposing the Order) shall be paid by the Council out of the general fund or out of moneys to be borrowed under this Order for that purpose.
Inquiries by Secretary of State
25
The Secretary of State may cause such local inquiries to be held as he may consider necessary for the purposes of any of his functions under this Order, and subsections (2) to (5) inclusive of section 250 of the Local Government Act 1972 shall apply to any such inquiry.
Signed by authority of the Secretary of State for Transport
H. B. Wenban-Smith
An Under Secretary in the
Department of Transport
27th July 1990


text:
Citation and commencement
1
1
These Regulations may be cited as the Occupational Pension Schemes (Independent Trustee) Regulations 1990.
2
These Regulations come into force on 12th November 1990.
Additional requirement for “independent trustee”
2
1
For the purposes of section 57C(2), a person is “independent” only if he satisfies the requirements of paragraphs (2) and (3) of this regulation as well as the requirements of section 57C(3)(a) and (b).
2
This paragraph requires that the person has not provided services to the trustees or managers of the scheme, or the employer, in relation to the scheme. This requirement is, however, satisfied if the last occasion on which the person provided services was more than 3 years before section 57C started to apply in relation to the scheme.
3
This paragraph requires that the person is neither connected with, nor an associate of —
a
a person who has an interest in the assets of the employer or of the scheme, otherwise than as trustee of the scheme; or
b
a person to whom paragraph (2) of this regulation applies.
Centralised schemes
3
1
Sections 57C and 57D are modified as described in this regulation in their application to any occupational pension scheme which applies to earners in employments under different employers (“centralised schemes”).
2
Section 57C applies in relation to a centralised scheme only if an insolvency practitioner, or the official receiver, starts to act in relation to any employer of persons in the description or category of employment to which the scheme relates and —
a
the employer concerned has power to appoint or remove any trustee of the scheme; or
b
the employer concerned is a trustee of the scheme.
3
Where section 57C applies in relation to a centralised scheme, references to “the employer” in that section and in section 57D are to be treated as references to the employer in relation to whom the practitioner or official receiver is acting.
4
Where section 57C applies in relation to a centralised scheme, it shall not cease to do so by virtue of section 57C(7)(a) unless the power to appoint or remove any trustee of the scheme is transferred to the person other than the employer concerned, or to any person who is “independent” for the purposes of section 57C(2).
Paid-up schemes
4
1
Sections 57C and 57D are modified as described in this regulation in their application to any occupational pension scheme of which there are no members who are in pensionable service under the scheme, as defined in paragraph 3 of Schedule 16 to the Social Security Act 1973 (“paid-up schemes”).
2
Section 57C applies in relation to a paid-up scheme only if —
a
the employer has power to appoint or remove any trustee of the scheme; or
b
the employer is a trustee of the scheme.
Cases where a partnership is the employer
5
1
Sections 57C and 57D are modified as described in this regulation in their application to any case where —
a
a partnership is the employer, or one of the employers, in relation to an occupational pension scheme;
b
the partnership is insolvent; and
c
the courts of England and Wales have jurisdiction to wind up the insolvent partnership .
2
Section 57C(1) applies in relation to the scheme —
a
if a person commences to act as an insolvency practitioner in relation to the insolvent partnership; or
b
if the official receiver becomes the liquidator or provisional liquidator of the insolvent partnership.
3
Where section 57C applies in relation to the scheme, references to “a company” are to be treated as including any insolvent partnership that the courts in England and Wales have jurisdiction to wind up.
Schemes to which sections 57C and 57D do not apply
6
1
Sections 57C and 57D shall not apply in relation to occupational pension schemes of a description prescribed by this regulation.
2
Sections 57C and 57D, do not apply to a scheme of which each member is a trustee. For this purpose, “member” means any employee or former employee of the employer who has rights under the scheme arising from that employment.
3
Sections 57C and 57D do not apply to schemes under which all the benefits that may be provided are —
a
money purchase benefits, or
b
benefits payable only on an earner’s death while employed in employment to which the scheme applies.
4
Sections 57C and 57D do not apply to any scheme under which all the benefits to be provided are secured by means of insurance policies that are specifically allocated to the provision of benefits for, or in respect of, particular members.
Transitional provision and saving
7
1
This regulation is made in connection with the coming into force of paragraph 1 of Schedule 4 to the Social Security Act 1990 (which inserted sections 57C ad 57D into, the Social Security Pensions Act 1975) .
2
Sections 57C and 57D of the Social Security Pensions Act 1975 do not apply where an insolvency practitioner or the official receiver started to act in relation to the employer before 12th November 1990.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
22nd October 1990


text:
Application, title and commencement
1
This Order, which applies to land in England and Wales, may be cited as the Milk Quota (Calculation of Standard Quota) (Amendment) Order 1990 and shall come into force on 6th February 1990.
Amendment of principal Order
2
The Milk Quota (Calculation of Standard Quota) Order 1986 is hereby amended by substituting for the Schedule thereto the provisions contained in the Schedule to this Order.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
John Gummer
Minister of Agriculture, Fisheries and Food
8th January 1990.
Peter Walker
Secretary of State for Wales
9th January 1990


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Mental Health Foundation of Mid Staffordshire National Health Service Trust (Establishment) Order 1990 and shall come into force on 21st December 1990.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State has a function to provide under sections 3 (1)(d) or (e) or 5(1)(a) and (1A) of, or Schedule 1 to, the National Health Service Act 1977 ;
“establishment date” means 21st December 1990;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Mental Health Foundation of Mid Staffordshire 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 Mental Health Foundation of Mid Stafforshire National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a)] [of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services at St. George’s Hospital, Corporation Street, Stafford ST16 3AG.
b
to manage community health services provided from St. George’s Hospital, Corporation Street, Stafford ST16 3AG and to own the premises there from where those services are to be provided any associated premises.
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1 April 1991.
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 in order to enable it to begin to operative satisfactorily from the operational date the trust shall have the limited functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary for the said purpose.
Assistance by health authorities before operational date
7
1
The Mid Staffordshire 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 Staffordshire 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 Staffordshire 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
4th December 1990


text:
1
This Order may be cited as the Antarctic Treaty Act 1967 (Isle of Man) (Variation) Order 1990 and shall come into force on 7th July 1990.
2
The Antarctic Treaty Act 1967 (Isle of Man) Order 1970 is varied by deleting, in paragraphs 3, 4 and 6 of the Schedule, the words “, if approved by resolution of Tynwald,”.
G. I. de Deney
Clerk of the Privy Council


text:
1
These Regulations may be cited as the Local Government (Promotion of Economic Development) (Amendment) Regulations 1990 and shall come into force on 1st April 1990.
2
Regulation 4 of the Local Government (Promotion of Economic Development) Regulations 1990 is hereby amended by the deletion of the words “less than”.
Signed by authority of the Secretary of State for the Environment
David Hunt
Minister for Local Government and Inner Cities,
Department of the Environment
30th March 1990
Signed by authority of the Secretary of State for Wales
Ian Grist
Parliamentary Under Secretary of State, Welsh Office
29th March 1990


text:
Citation and commencement
1
This Order may be cited as the Vaccine Damage Payments (Specified Disease) Order 1990 and shall come into force on 9th April 1990.
Addition to the diseases to which the Vaccine Damage Payments Act applies
2
Mumps is specified as a disease to which the Vaccine Damage Payments Act 1979 applies.
Signed by authority of the Secretary of State for Social Security.
Henley
Parliamentary Under-Secretary of State,
Department of Social Security
15th March 1990


text:
1
These Rules may be cited as the Magistrates' Courts (Witnesses' Addresses) Rules 1990 and shall come into force on 2nd April 1990.
2
1
In Form 13 in Schedule 2 to the Magistrates' Courts (Forms) Rules 1981 , the word “Address:” shall be omitted.
2
In Schedule 2 to Form 16 in the said Schedule the words “and address” shall be omitted in each place where they occur.
3
In rule 70(6) of the Magistrates' Courts Rules 1981 the words “and address” shall be omitted
Mackay of Clashfern C.
Dated 26th February 1990


text:
1
This Order may be cited as the A12 Trunk Road (Eastern Avenue, Havering) (Prescribed Routes) Order 1990 and shall come into force on 27th August 1990.
2
In this Order: —
“central reservation” means that part of Eastern Avenue which separates its two carriageways for the safety and guidance of vehicles using that road;
“Eastern Avenue” means the length of the London — Great Yarmouth Trunk Road (A12) in the London Borough of Havering known as Eastern Avenue;
“eastern traffic island” means the island site in the westbound carriageway of Eastern Avenue which extends to the junction from a point 10 metres east of the junction;
“western traffic island” means the island site in the eastbound carriageway of Eastern Avenue which extends to the junction from a point 11 metres west of the junction;
“the junction” means the junction of Eastern Avenue with the highway known as Mawney Road.
3
Every person causing or permitting a vehicle to pass to the right of the western traffic island shall cause that vehicle to turn right into that length of Mawney Road extending from the southern side of Eastern Avenue.
4
Every person causing or permitting a vehicle to pass to the right of the eastern traffic island —
a
shall cause the vehicle to turn right into that length of Mawney Road extending from the northern side of Eastern Avenue; or
b
is permitted to cause that vehicle to make a U-turn at the junction in order to proceed in Eastern Avenue in the opposite direction.
5
Save as provided in articles 3 and 4 of this Order, no person shall cause or permit any vehicle proceeding in Eastern Avenue to make a right turn or to make a U-turn at the junction.
6
Nothing in this Order shall apply:
a
to anything done with the permission at the discretion of a constable in uniform or of a traffic warden;
b
to a vehicle being used for police, ambulance or fire brigade purposes; or
c
to a vehicle being used by the London Borough of Havering in pursuance of its statutory powers and duties.
Signed by authority of the Secretary of State for Transport
R. M. C. Edridge
Director (Transport)London Regional Office of the
Department of Transport
23rd August 1990


text:
1
This Order may be cited as the Juvenile Courts (London) (Amendment) Order 1990 and shall come into force on 1st April 1990.
2
In this Order, “the 1975 Order ” means the Juvenile Courts (London) Order 1975 .
3
For Schedule 1 to the 1975 Order there shall be substituted the Schedule set out in the Schedule to this Order.
David Waddington
One of Her Majesty’s Principal Secretaries of State
Home Office
28th March 1990


text:
1
This Order may be cited as the Aerodromes (Designation) (Detention and Sale of Aircraft) Order 1990 and shall come into force on 21st August 1990.
2
The aerodromes specified in the Schedule hereto are hereby designated for the purposes of section 88 of the Civil Aviation Act 1982.
Signed by authority of the Secretary of State for Transport
Patrick McLoughlin
Parliamentary Under Secretary of State,
Department of Transport
24th July 1990


text:
1
The lengths of trunk road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be trunk road and shall be classified as principal roads as from the date on which the Secretary of State notifies the County Council of Warwickshire that the special road is open for through traffic.
2
In this Order —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the deposited plan”
means the plan contained in the the folio numbered HA10/2 WMRO (L) XII marked “The Winchester — Preston Trunk Road (A34) (Stratford-upon-Avon) De-Trunking Order 1990”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“principal road”
as a classification for a highway means that the highway is a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State;
iii
“the special road”
means the motorway to be provided by the Secretary of State in pursuance of the M40 London — Oxford — Birmingham Motorway (Waterstock to Warwick Section) and Connecting Roads ( No. 1) Scheme 1984 , (No. 2) Scheme 1985 and (Supplementary) Scheme 1985 ; and
iv
“the trunk road”
means the Winchester — Preston Trunk Road (A34).
3
This Order shall come into force on 16th November 1990 and may be cited as the Winchester — Preston Trunk Road (A34) (Stratford-upon-Avon) De-Trunking Order 1990.
Signed by authority of the Secretary of State for Transport
D. R. Ritchie
Regional Director West Midlands Region
Department of Transport
29th October 1990