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PART I
GENERAL
Citation and commencement
1
These Regulations may be cited as the Education (Mandatory Awards) Regulations 1990 and shall come into force on 1st September 1990.
Definitions
2
In these Regulations, unless the context otherwise requires —
“academic authority” means, in relation to an establishment, the governing body, or other body having the functions of a governing body and includes a person acting with the authority of that body;
“authority” means a local education authority;
“award” includes an award bestowed under previous Awards Regulations , and either a fees only award or a full award bestowed under these Regulations ;
“ British Islands ” means the United Kingdom, the Channel Islands and the Isle of Man;
“ Certificate in Education ” includes a Teacher’s Certificate;
“course”, “designated course”, “sandwich course” and other qualified references to courses have the meanings respectively assigned to them by regulation 4;
“dependent” means wholly or mainly financially dependent;
“employment” means full-time employment or part-time employment which, in a normal week, involves a significant number of hours of work and “employed” shall be construed accordingly, and for the purposes hereof the references to employment include references to the holding of any office and to any occupation for gain;
“ European student ” means a person who is a national of a member state of the European Community or the child of such a national and has been ordinarily resident within the Community (excluding the British Islands) throughout the period of three years before the commencement of his course, but who is not entitled to a full award by virtue of regulation 7 ;
“establishment” means a university or establishment of higher education in the United Kingdom, and “establishment of further education” excludes a university but includes an establishment which also provides higher education;
“European Community” means the area comprised by the member states of the European . . . Community (including the United Kingdom) as constituted from time to time;
“ fees only award ” means an award bestowed only in respect of fees described in Schedule 1;
“ full award ” means an award bestowed in respect of both fees described in Schedule 1 and a maintenance grant;
“highest-cost country” means Denmark, Finland, Japan, Norway, Sweden, Switzerland and Taiwan ;
“higher-cost country” means Australia , Austria, Belgium, Iceland , the Republic of Ireland, France, the Federal Republic of Germany, and the Netherlands . . .;
“high-cost country” means Canada, Hong Kong, Indonesia, Italy, Luxembourg, New Zealand , the USSR and the United States of America;
“independent student” has the meaning assigned to it by regulation 3;
“maintenance grant” has the meaning assigned to it by regulation 17;
“periods of experience”, “prescribed proportion” and “sandwich year”, in relation to a sandwich course, have the meanings respectively assigned to them by paragraph 1 of Schedule 5;
“previous Awards Regulations” means Regulations made under section 1 of the Education Act 1962 and revoked either by regulation 6 or before the coming into force of these Regulations;
“refugee” means a person who is recognised by Her Majesty’s government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28th July 1951 as extended by the Protocol thereto which entered into force on 4th October 1967 or a person who enjoys asylum in the United Kingdom in pursuance of a decision of Her Majesty’s government though not so recognised, and any reference to the child of a refugee includes a reference to a person adopted in pursuance of adoption proceedings and a step-child;
“statutory award” means any award bestowed or grant paid by virtue of the Education Act 1962 or any comparable award or grant which is paid out of moneys provided by Parliament;
“student” means a person upon whom an award has been bestowed under these Regulations or previous Awards Regulations;
“university” means a university in the United Kingdom and includes a university college and a constituent college, school or hall of a university;
“year”, in relation to a course, means the period of twelve months beginning on 1st January, 1st April or 1st September according as the academic year of the course in question begins in the spring, the summer or the autumn respectively; and references to the first year of a designated course shall be construed accordingly.
References to independent students
3
1
In these Regulations “independent student” means a student who —
a
has attained the age of 25 years before the beginning of the year for which payments in pursuance of his award fall to be made; or
b
has supported himself out of his earnings for periods before the first year of his course aggregating not less than three years; or
c
has been married for at least two years before the beginning of the year for which payments in pursuance of his award fall to be made whether or not the marriage is still subsisting; or
d
has no parent living.
2
For the purposes of paragraph (1)(b) a student shall be treated as having supported himself out of his earnings for any period or periods for which —
a
the student was in receipt of training in pursuance of the Training Opportunities Programme, the Youth Opportunities Programme, or the Youth Training Scheme of the Manpower Services Commission or the Training Commission as the case may be; or
b
the student was in receipt of unemployment benefit under section 14(1)(a) of the Social Security Act 1975 ; or
c
before 24th November 1980 (when Schedule 2 to the Social Security Act 1980 came into force), the student was registered for employment; or
d
on and after that date but before 18th October 1982, the student was registered and available for employment; or
e
on and after 18th October 1982, the student was available for employment and, if under the age of 18 years, registered for employment; or
f
the student held a State Studentship or comparable award; or
g
the student received sickness benefit, invalidity pension, maternity allowance or severe disablement allowance under section 14(1)(b), 15(1)(b), 22(1) or 36(1) of the Social Security Act 1975 as originally enacted or as amended or statutory sick pay under Part I of the Social Security and Housing Benefits Act 1982 or statutory maternity pay under Part V of the Social Security Act 1986 ; or
h
the student could not reasonably have been expected to support himself out of his earnings because he had the care of a person under the age of 18 years who was dependent upon him.
3
In this regulation —
a
any reference to a person registered or available for employment is a reference to his being so registered or available for the purposes of section 5 of the Supplementary Benefits Act 1976 or section 20 of the Social Security Act 1986 ;
b
any reference to an enactment contained in the Supplementary Benefits Act 1976 or the Social Security Act 1975 is a reference to that enactment as from time to time in force and includes, in relation to a period before the coming into force of the enactment in question, a reference to the corresponding enactment then in force;
c
“parent” shall have the same meaning as in Part 2 of Schedule 3 to these Regulations.
References to courses
4
1
In these Regulations any reference to a designated course shall be construed as a reference to a course designated by or under regulation 10 and, in relation to any person, any reference to such a course (otherwise unqualified) shall, as the context requires, be construed as a reference to a designated course which the person in question attends or has applied to attend; and, in relation to any designated course except one designated under regulation 10(1)(d)(ii) or (iii), any reference to a course shall be construed as a reference to either a course of full-time study or a sandwich course.
2
In these Regulations any reference to a first degree course, a Dip HE course, a course of initial training for teachers, or a course comparable to a first degree course shall be construed in accordance with regulation 10.
3
In these Regulations any reference to a sandwich course shall be construed as a reference to such a course within the meaning of paragraph 1 of Schedule 5.
4
a
In the case of a student who began his course before 1st April 1989 any reference to a course of higher education is a reference to a course listed in paragraph 2 of Schedule 2 to the Education (Schools and Further Education) Regulations 1981 as in force on 31st March 1989;
b
In the case of a student who begins his course on or after 1st April 1989, any reference in these Regulations to a course of higher education shall be construed in accordance with section 120(1) of the Education Reform Act 1988 .
General construction and interpretation
5
1
In these Regulations, references to payments made to a student include references to payments made to the academic authority in respect of the student by virtue of regulation 24(2).
2
In calculating a person’s income for any year any reduction for income tax is to be made by calculating the tax payable on the income received in that year as if the year were a year of assessment within the meaning of the Income Tax Acts (the necessary apportionment being made in any case where the relevant provisions of those Acts change during the year).
3
For the purposes of these Regulations a person’s marriage is to be treated as having been terminated, not only by the death of the other spouse or the annulment or dissolution of the marriage by an order of a court of competent jurisdiction, but also by virtue of the parties to the marriage ceasing ordinarily to live together, whether or not an order for their separation has been made by any court.
4
A person shall be treated, for the purposes of regulation 9(2)(a) or 13, as ordinarily resident in England and Wales, in the British Islands or in the European Community, . . . if the authority are satisfied that he would have been so resident at the relevant time but for the fact that he, his spouse or his parent, guardian or any other person having actual custody of him during his minority, is, or was, temporarily employed outside England and Wales, outside the British Islands or, as the case may be, outside the European Community . . . and paragraph (1)(b) of regulation 13 shall not apply in the case of such a person.
5
Except where the context otherwise requires, in these Regulations any reference to a regulation or a schedule is a reference to a regulation contained herein or a schedule hereto; and a reference in a regulation or a schedule to a paragraph is a reference to a paragraph of that regulation or schedule, and a reference in a paragraph to a sub-paragraph is a reference to a sub-paragraph thereof.
Revocations and transitional provisions
6
1
The Education (Mandatory Awards) Regulations 1989 . . . are hereby revoked.
2
Subject to paragraph (6) and without prejudice to section 17(2)(b) of the Interpretation Act 1978 and the definition of “award” in regulation 2, an award bestowed in pursuance of previous Awards Regulations before the coming into force of these Regulations, in so far as it could have been bestowed in pursuance of these Regulations, shall, for the purposes thereof, be treated as having been so bestowed.
3
Where the current academic year of a student’s course began in the spring or summer of 1990 then, notwithstanding anything in these Regulations, payments in pursuance of his award in respect of the year beginning on 1st January or, as the case may be, 1st April 1990 shall be the aggregate of —
a
two-thirds or, as the case may be, one-third of the payments which would have fallen to be made in respect of that year under the Education (Mandatory Awards) Regulations 1989 had they not been revoked, and
b
one-third or, as the case may be, two-thirds of the payments which would have fallen to be made in respect of the year beginning on 1st September 1990 under these Regulations had the academic year of his course begun in the autumn of 1990 .
4
Where an award was bestowed on a student under section 2 of the Education Act 1962 (“the discretionary award”) in respect of a course to which section 1 of that Act did not then apply but the course becomes or has become a designated course and an award within the meaning of these Regulations is or has been bestowed on the student in respect of that course (“the mandatory award”) then, if the discretionary award continues to be payable it shall be disregarded in calculating the student’s income for the purposes of regulation 18(1)(b) and for the purposes of regulation 23; but payments on account of the mandatory award in respect of fees and in respect of maintenance for any period shall be respectively reduced or extinguished by those on account of the corresponding element of the discretionary award.
5
The Education (Students' Dependants Allowances) Regulations 1983 revoked by the Education (Mandatory Awards) Regulations 1987 shall continue to have effect in relation to an allowance payable or paid thereunder in respect of a period falling before 1st September 1987.
6
An award bestowed under previous Awards Regulations upon a person mentioned in regulation 9(2)(b) or (c) of the Education (Mandatory Awards) Regulations 1987 but not mentioned in regulation 9(2)(b) of these Regulations shall, in so far as it could otherwise have been bestowed in pursuance of these Regulations, for the purposes thereof, be treated as having been so bestowed.
PART II
AWARDS
Duty to bestow an award
7
In pursuance of section 1(1) of the Education Act 1962 it shall be the duty of an authority, subject to the conditions and exceptions hereinafter provided, to bestow —
1
A full award in respect of a person’s attendance at a designated course within the meaning of these Regulations during an academic year beginning after 31st August 1990 if the person concerned is ordinarily resident in the authority’s area within the meaning of section 1 of the said Act of 1962 and Schedule 1 thereto, read with these Regulations;
2
where paragraph (1) does not apply, a fees only award in respect of a person’s attendance at a designated course at an establishment in England or Wales during an academic year beginning after the 31st August 1990 if the person is a European student —
a
in respect of whose fees Essex local education authority has made a payment otherwise than pursuant to previous Awards Regulations or section 1(6) of the Education Act 1962, and the establishment at which he attends his course is within the area of the authority; or
b
who resided in the area of the authority on the last day of the month of October, February, or June (according as the academic year of the course begins in the spring, the summer or the autumn respectively) preceding the beginning of the course, or if he was not resident in England or Wales on that date, if the establishment at which he attends his course is in the area of the authority.
Modification of provisions for determining ordinary residence
8
1
This regulation shall have effect for modifying paragraph 2 of Schedule 1 to the Education Act 1962 in the case of a person who, apart from this regulation, would be treated by virtue of that paragraph as having been ordinarily resident in the area of more than one authority within the period of twelve months ending with the date of the beginning of the course.
2
Any such person as is described in paragraph (1) shall be treated as being ordinarily resident in the area of the authority in which he was so resident on the last day of the month of October, February, or June (according as the academic year of the course begins in the spring, the summer or the autumn respectively) preceding the beginning of the course.
No area students
9
1
This regulation shall apply in the case of such a person as is mentioned in paragraph (2) who, apart from this regulation, would by virtue of paragraph 2 of Schedule 1 to the Education Act 1962 fall to be treated for the purposes of section 1 of that Act as not being ordinarily resident in the area of any authority.
2
The person referred to in paragraph (1) is a person who —
a
is ordinarily resident in England and Wales on the relevant day; or
b
is entitled to the payment of an award by virtue of Article 7(2) or (3) or Article 12 of Council Regulation ( EEC ) No. 1612/68 on freedom of movement for workers within the Community .
3
A person to whom this regulation applies shall be treated for the purposes of section 1 of the Education Act 1962 as ordinarily resident —
a
if at any time during the period of two years preceding the relevant day he would have fallen to be treated as belonging to the area of an authority for the purposes of section 31(3) of the Education Act 1980 or of section 51(1) of the Education (No. 2) Act 1986 or of section 7 of the Education (Miscellaneous Provisions) Act 1953 , in the last such area;
b
if sub-paragraph (a) does not apply but at any time during the said period he was resident in the area of an authority, in the last such area;
c
if neither sub-paragraph (a) nor (b) applies, in the area of the authority in which the establishment providing his course is situate.
4
In paragraphs (2) and (3) —
“relevant day” means, except in the case specified in paragraph (5), the last day of the month of October, February or June (according as the academic year of the course begins in the spring, the summer or the autumn respectively) preceding the beginning of the course;
5
In the case of a refugee, or the spouse or child of a refugee, or a person mentioned in paragraph (3)(a) or (3)(b)(i) of regulation 13, who entered the United Kingdom on or after the relevant date as defined in paragraph (4), “relevant day” in paragraphs (2) and (3) means —
a
where he had entered the United Kingdom before the day one month earlier than that of the beginning of the term in which he commences his course, the said day or the day on which he applies for an award, whichever is the earlier;
b
where he had not so entered the United Kingdom, the day of the beginning of that term or the day on which he applies for an award, whichever is the earlier.
Designated courses
10
1
The following courses are hereby designated —
a
a first degree course, that is to say —
i
a course provided by an establishment for a first degree of a university or for the degree of Bachelor of Medicine or an equivalent degree;
ii
a course provided by an establishment of further education for a first degree of the Council for National Academic Awards;
iii
a course provided either by the Cranfield Institute of Technology or by the Cranfield Information Technology Institute for a first degree of the former;
iv
an international course, that is to say a course provided by an establishment in the United Kingdom in conjunction with a university, college or other institution in another country for a first degree of a university or of the Council for National Academic Awards;
b
a Dip HE course, that is to say —
i
a course provided by an establishment for the Diploma of Higher Education; or
ii
a course provided by an establishment for the Diploma of Higher Education or a first degree as the student may elect after the commencement of the course;
c
a course provided by an establishment of further education for the Higher National Diploma, or the Higher National Diploma of the Business & Technician Education Council;
d
a course of initial training for teachers, that is to say —
i
a course for the initial training of teachers (other than a course for the degree of Bachelor of Education) provided by an establishment;
ii
a part-time course of teacher training, involving not less than 3 days' attendance a week during the course, for the time being designated for the purposes of this provision by the Secretary of State;
iii
any other course of teacher training, whether part-time or partly full-time and partly part-time, for the time being so designated;
e
a course comparable to a first degree course, that is to say —
i
a course of at least 3 academic years' duration provided by a university for a certificate, diploma or other academic award; or
ii
a course for the time being designated for the purposes of this provision by the Secretary of State.
2
In this regulation references to an establishment and an establishment of further education do not include references to establishments of further education which are neither maintained nor assisted by recurrent grants out of public funds.
Conditions
11
1
Subject to paragraph (2), the duty of an authority to bestow an award shall be subject to the conditions that —
a
an application in writing reaches the authority before the end of the term in which the student commences his course; and
b
the applicant gives the authority a written undertaking that, where any provisional or other payments made in pursuance of the award in respect of a year exceed (for whatever reason) the grant payable in respect of that year, he will, if called upon to do so, repay the excess amount.
2
For the purposes of paragraph (1)(a), an application shall be treated as having reached the authority as there mentioned —
a
where, to the knowledge of the authority, an application has so reached some other authority;
b
where, before the end of the term in which the student commenced his course, it has not become a designated course and the application reaches the authority before the end of the first term after it becomes a designated course;
c
in the case of a refugee, or the spouse or child of a refugee, where the application reaches the authority before the end of the term of his course first beginning after the date on which the refugee was recognised as a refugee or was accorded asylum; or
d
where, having regard to the circumstances of the particular case, the authority consider that it should be so treated.
3
If the applicant is a minor, paragraph (1)(b) shall have effect, with the necessary modifications, as if the references to the applicant were references to the applicant or his parent.
Exceptions relating to attendance at previous courses
12
1
An authority shall not bestow an award on a person in respect of his attendance at a course if it is their duty under regulation 14 to transfer an award already bestowed on him so that it is held in respect of his attendance at that course . . .
2
Subject to paragraphs (3) and (4) , an authority shall not be under a duty to bestow an award on any person where he has previously attended one or more . . . courses of higher education . . .
3
A previous course shall be disregarded for the purposes of paragraph (2) if it was provided by a college providing long term residential courses of full-time education for adults which is specified in regulation 7 of the State Awards Regulations 1978 .
. . .
4
Nothing in paragraph (2) shall affect the duty of an authority to bestow an award on a person —
a
in respect of his attendance at a course for the postgraduate Certificate in Education, the Art Teacher’s Certificate or the Art Teacher’s Diploma (or for a qualification comparable with any such certificate or diploma) unless he has previously attended such a course or successfully completed a course which —
i
was for the degree of Bachelor of Education or a comparable academic award of either a university in the United Kingdom or the Council for National Academic Awards, and
ii
was approved as a course for the initial training of teachers for the purposes of regulation 16(2)(a) of the Schools Regulations 1959 or of any corresponding provision of regulations from time to time in force under section 27 of the Education Act 1980 or section 218 of the Education Reform Act 1988 ;
b
in respect of his attendance at any full-time course of initial training as a teacher of one academic year’s duration, or a comparable part-time course, not within sub-paragraph (a) above, unless he has for more than three years held a statutory award in respect of his attendance at a full-time course of higher education or a comparable course outside England and Wales;
c
in respect of his attendance at a course which —
i
does not exceed two years' duration;
ii
is for the degree of Bachelor of Education or a comparable academic award of either a university in the United Kingdom or the Council for National Academic Awards, and
iii
is approved as a course for the initial training of teachers for the purpose of regulations from time to time in force under section 27 of the Education Act 1980 or section 218 of the Education Reform Act 1988,
unless he has previously attended
i
a course for the postgraduate Certificate in Education, the Art Teacher’s Certificate or the Art Teacher’s Diploma (or for a qualification comparable with any such certificate or diploma), or
ii
a course (of any length) such as is described in sub-paragraphs (a)(i) and (ii) above.
. . .
5
For the purposes of this regulation a person shall not be treated as having previously attended a course by reason only of his having attended from its beginning the course to which his application for an award relates.
6
For the purposes of this regulation a person shall only be treated as having attended a course if he has both attended and held a statutory award in respect of either more than one course or one course for more than one term and seven weeks of a second term; and it is hereby declared that any reference to a person having attended . . . a course shall be construed as a reference to his having done so before or after the coming into force of these Regulations.
. . .
Other exceptions
13
1
An authority shall not be under a duty to bestow an award in respect of a person’s attendance at a course —
a
upon a person who has not been ordinarily resident, throughout the three years preceding the first year of the course in question, in the British Islands or, in the case of such a person as is mentioned in regulation 9(2)(b), has not been so resident . . . in the European Community . . .; or
b
upon a person whose residence in the British Islands or, in the case of a European student or of such a person as is mentioned in regulation 9(2)(b), in a member state of the European Community, . . . has during any part of the period referred to in sub-paragraph (a) been wholly or mainly for the purposes of receiving full-time education; or
c
upon a person who has, in the opinion of the authority, shown himself by his conduct to be unfitted to receive an award.
2
Sub-paragraphs (a) and (b) of paragraph (1) shall not apply in the case of a refugee, ordinarily resident in the British Islands, who has not ceased to be so ordinarily resident since he was recognised as a refugee or was granted asylum, in the case of the spouse or child of such a refugee, or in the case of a person mentioned in paragraph (3).
3
That person is a person who is a British citizen within the meaning of the British Nationality Act 1981 —
a
who was not ordinarily resident in the British Islands throughout the three years preceding the first year of the course in question only because he was ordinarily resident for the purposes of employment in the territory comprising the European Community during every part of that period in which he was not ordinarily resident in the British Islands; or
b
i
who was not so resident throughout that period only because his parent is such a person as is mentioned in sub-paragraph (a), and
ii
whose parent is ordinarily resident in England and Wales on the relevant day as defined in relation to that person by paragraphs (4) and (5) of regulation 9.
4
In paragraph (3) “parent” includes a guardian or any other person having actual custody of a minor.
Transfer of awards
14
1
An award shall be transferred by the authority at the request of a student so as to be held in respect of attendance at a course other than that in respect of which it is held in any case where —
a
subject to paragraph (2), on the recommendation of the academic authority the student commences to attend another course (“the new course”) at the establishment;
b
subject to paragraph (2), with the written consent of the academic authorities of both establishments concerned, given on educational grounds, the student commences to attend a course (“the new course”) at another establishment;
c
subject to paragraph (4), after commencing a course for the Certificate in Education, the student is, on or before the completion of that course, admitted to a course for the degree of Bachelor of Education;
d
subject to paragraph (4), after commencing a course for the degree (other than an honours degree) of Bachelor of Education, the student is, on or before the completion of that course, admitted to a course for the honours degree of Bachelor of Education.
2
An award shall not be transferred in pursuance of paragraph (1)(a) or (b) unless either —
a
the requisite recommendation or consent is given before the expiry of four months after the end of the first year of the course in respect of which the award was originally bestowed; or
b
the authority is satisfied, after consulting the academic authority or authorities concerned, that the fact that the requisite recommendation or consent is given after the expiry of the period specified in paragraph (a) is due only to the need to apply through a clearing admissions system; or
c
the authority, after consulting the academic authority or authorities concerned, are satisfied that the period which the student in question will ordinarily require for the completion of the new course will expire not later than the period which he would now so require for the completion of the course in respect of which the award is held, ignoring —
i
in each case, periods of experience which are part of a sandwich course; and
ii
in the case of the course in respect of which the award is held, any period during which the student would now be required by the academic authority concerned to repeat part of the course, if the authority would not make any payment for maintenance in respect of that period under regulation 25(1).
3
An authority may, after consulting the academic authority concerned, refuse the transfer of an award in pursuance of paragraph (1)(a) or (d) if they are satisfied that when the student applied for it he did not intend to complete the course to which his application related.
4
An award shall not be transferred in pursuance of paragraph (1)(c) or (d) so as to be held in respect of his attendance at a course for the degree of Bachelor of Education if the period which the student in question would ordinarily require for the completion of that course, when aggregated with the period for which the student has already pursued a course in respect of which the award was held, exceeds —
a
five years where the award would be held in respect of a course for the honours degree of Bachelor of Education; or
b
four years where the award would be held in respect of a course for that degree not being an honours degree;
so, however, that where the student has pursued a part-time course, for the purposes hereof account shall only be taken of that proportion of the period for which he pursued that course which the period ordinarily required to complete the full-time course equivalent to the part-time course bears to the period so required to complete the part-time course.
5
For the purposes of the duty of an authority to transfer an award in pursuance of paragraph (1)(c) or (d) it shall be immaterial whether or not the two courses are provided by the same establishment.
Termination of awards
15
1
An award shall terminate on the expiry of the period ordinarily required for the completion of the course:
Provided that —
a
if the academic authority refuse to allow the student to complete the course, the authority shall terminate the award forthwith;
b
if the student does not complete the course within the period ordinarily required, the authority —
i
may extend the award until the student has completed the course; and
ii
shall extend it for a period equivalent to any period in respect of which they have made any payment under regulation 25(1).
2
The authority may, after consultation with the academic authority, terminate the award if they are satisfied that the student has either —
a
abandoned the course in respect of which it is held and the award does not fall to be transferred in pursuance of regulation 14; or
b
shown himself by his conduct to be unfitted to hold the award.
Supplementary provisions
16
The authority may require the student to provide from time to time such information as they consider necessary for the exercise of their functions under this Part, and if in the case of any student the authority are satisfied that he has wilfully failed to comply with any such requirement or has provided information which he knows to be false in a material particular or has recklessly provided information which is false in a material particular, they may terminate the award or withhold any payments due under it as they see fit.
PART III
PAYMENTS
Payments
17
Subject to regulations 16, 22, 23, 25 and 26, the authority shall in respect of each year pay in pursuance of the award —
a
in respect of fees, a sum equal to the aggregate of any such fees payable in respect of the student as are described in Schedule 1;
b
in respect of maintenance —
i
except in a case in which regulation 20, 21 or 22 applies, a grant calculated in accordance with regulation 18 (in these Regulations called “the maintenance grant”);
ii
in a case in which one of those regulations applies (subject to regulation 20(2)) a sum or grant determined in accordance with the regulation in question;
and so much of the sum or grant referred to in sub-paragraph (b) as appears to the authority to be appropriate shall be treated as being in respect of the Easter and Christmas vacations.
Calculation of maintenance grant
18
1
The maintenance grant in respect of any year shall be the amount by which the student’s resources fall short of his requirements and for the purposes of ascertaining that amount —
a
the requirements of the student shall be taken to be the aggregate of such of the amounts specified in Schedule 2 as are applicable in his case;
b
the resources of the student shall be taken to be the aggregate of his income for the year calculated in accordance with Part 1 of Schedule 3 and any contribution applicable in his case by virtue of Part 2 or 3 of that Schedule.
2
This regulation and Schedules 2 and 3 shall have effect —
a
in the case of such a student as is mentioned in Schedule 4, subject to the provisions thereof;
b
where regulation 20 applies, subject as therein provided.
Assessment of requirements and resources
19
The requirements and resources of a student shall be assessed by the authority and, for the purpose of the exercise of their function under this regulation, the authority shall require the student to provide from time to time such information as they consider necessary as to the resources of any person whose means are relevant to the assessment of his requirements and resources.
Sandwich courses
20
1
This regulation shall apply where the course is a sandwich course unless the student is a member of a religious order and regulation 21 applies.
2
For the purpose of calculating payments in respect of maintenance under regulation 17(b) in respect of a sandwich year, that regulation and Schedules 2 and 3 shall have effect subject to the provisions of Schedule 5; but no such payments shall be made in respect of a year in which there are no periods of full-time study.
Members of religious orders
21
1
This regulation shall apply where the student is a member of a religious order (“the Order”) unless the course is a course of teacher training designated under regulation 10(1)(d)(iii) and regulation 22 applies.
2
Subject to paragraph (5), the payment in respect of maintenance under regulation 17(b) shall be the sum specified as appropriate in the case of the student in paragraph (3) or (4):
Provided that —
a
where the course is a sandwich course, the payment in respect of a sandwich year shall be the prescribed proportion of the sum so specified and no payment shall be made in respect of a year which includes no periods of full-time study;
b
where the course is a part-time course of teacher training designated under regulation 10(1)(d)(ii), the payment shall be three-quarters of the sum so specified.
3
In the case of a student who resides at his parents' home or in a house of the Order, the appropriate sum shall be £905 .
4
In the case of any other student, the appropriate sum shall be £1,235 except that, where he is attending a course —
a
at the University of London, or
b
at an establishment within the area comprising the City of London and the Metropolitan Police District
it shall be £1,550 and where he is attending a course in a country outside the United Kingdom it shall be —
£1,890 if that country is a highest-cost country;
£1,670 if that country is a higher-cost country;
£1,455 if that country is a high-cost country; and
£1,235 in any other case.
5
The payment in respect of maintenance, determined as aforesaid, shall, in the case of any student who is attending such a course as is mentioned in paragraph 10(1) of Part 2 of Schedule 2 and for the purposes thereof necessarily incurs expenditure in the purchase of special equipment, be increased by so much of that expenditure as does not during the course exceed £90 .
Courses of teacher training
22
1
This regulation shall apply —
a
where the course is a part-time course of teacher training designated under sub-paragraph (d)(ii) or (d)(iii) of regulation 10(1); or
b
where it is a partly full-time and partly part-time one designated under the said sub-paragraph (d)(iii), unless the student is a member of a religious order, the course is a part-time course of teacher training designated under the said sub-paragraph (d)(ii) and regulation 21 applies
2
Where the course is designated under the said sub-paragraph (d)(ii), the payment in respect of maintenance under regulation 17(b) shall be a grant equal to three-quarters of the maintenance grant.
3
Subject to the following paragraphs, where the course is designated under the said sub-paragraph (d)(iii), the said payment under regulation 17(b) shall be —
a
in a year in which the student’s periods of study are all periods of full-time study or in which his aggregate period of full-time study is 30 weeks or more, the maintenance grant;
b
in a year in which the student’s periods of study are all periods of part-time study, the sum of £325 ;
c
in any other year, a sum equal to the aggregate of —
i
the proportion of the maintenance grant which the student’s aggregate period of full-time study in the year, expressed in weeks, bears to 30, and
ii
the proportion of £325 which the difference between the said aggregate period and 30 weeks bears to 30.
4
In relation to a student employed full-time as a teacher, paragraph (3) shall have effect, except in such a year as is mentioned in sub-paragraph (a) thereof, as if it provided that the said payment under regulation 17(b) should be £90 .
5
In relation to a student attending a course provided at the University of Oxford or Cambridge, sub-paragraphs (a) and (c) of paragraph (3) shall have effect as if any reference therein to —
a
a period of 30 weeks were a reference to a period of 25 weeks; and
b
the proportion which a period expressed in weeks bears to 30 were a reference to the proportion which that period bears to 25.
6
For the purposes of this regulation a day shall be reckoned as a seventh of a week.
Assisted students
23
1
Notwithstanding anything in the preceding provisions of these Regulations, no payment under regulation 17(a) or (b) shall be made to a person in respect of any year in respect whereof he receives such payments as are mentioned in paragraph (2) amounting to not less than the aggregate of —
a
such fees payable in respect of him as are described in Schedule 1; and
b
his requirements for maintenance ascertained in accordance with —
i
Part 1 of Schedule 2,
ii
paragraphs 5 and 6 of Part 2 of that Schedule, and
iii
Parts 3 and 4 of that Schedule.
2
The payments referred to in paragraph (1) are the aggregate payments received by the person —
a
in pursuance of any scholarship, studentship, exhibition or award of similar description bestowed on him in respect of the course (otherwise than in pursuance of section 1 of the Education Act 1962, or by way of a loan under the Education (Student Loans) Act 1990 , or out of access funds held by the establishment at which he attends his course whether those funds were received by the establishment under the Education (Further and Higher Education Institutions Access Funds) Regulations 1990 or by way of grant from the Universities Funding Council or the Polytechnics and Colleges Funding Council) ; and
b
if he is in gainful employment, by way of remuneration (reduced by income tax and social security contributions) paid in respect of any period for which he has leave of absence or is relieved of his normal duties for the purpose of attending the course;
except that, if the person’s course is a part-time course of teacher training designated under regulation 10(1)(d)(iii), and some or all of his periods of study are periods of part-time study, any payments by way of remuneration shall be disregarded . . .
3
Notwithstanding anything in the preceding provisions of these Regulations, no payment under regulation 17(a) or (b) shall be made to a person in respect of any year in respect whereof he receives any payment in pursuance of any bursary or award of similar description bestowed on him in pursuance of section 63 of the Health Services and Public Health Act 1968 in respect of a course in nursing, occupational therapy, orthoptics, physiotherapy or radiography, or in pursuance of arrangements made by a local education authority for the training of teachers known as the “Articled Teachers' Scheme” in respect of the Postgraduate Certificate in Education .
Method of payment
24
1
Subject to paragraph (2) , the authority shall make any payment due under these Regulations in such instalments (if any) and at such times as they consider appropriate: and in the exercise of their functions under this paragraph the authority may in particular make provisional payments pending the final calculation of the award.
2
The authority shall pay such fees as are described in paragraph (a) (excepting sub-paragraph (iii)) or (b) of Schedule 1 in three termly instalments promptly when both a request for payment in respect thereof has been received and the appropriate term has commenced provided that no payment shall be due when the student has ceased to attend his course (whether or not the authority has been so notified) but has not completed it. Payment of such instalments and of the fees described in paragraphs (a)(iii) and (c) of Schedule 1 may be made to the academic authority but subject thereto all payments shall be made to the student.
3
. . . Without prejudice to regulation 26 or the recovery of an over-payment by way of a deduction from a subsequent payment, any over-payment or under-payment made in pursuance of this regulation shall be adjusted by payment between the student or, as the case may be, the academic authority and the authority.
Discretionary payments
25
1
In respect of any period during which the student repeats any part of his course, the authority shall not be required to make any payments under regulation 17(a) or (b) but may pay in pursuance of the award such sums (if any) as they consider appropriate, being sums not exceeding the amount of any payments that would, apart from this regulation, be payable to that student in respect of that period.
2
Subject to paragraph (3), paragraph (4) shall apply in the case of a student who —
a
has previously attended a course of higher education being —
i
a course of up to two academic years' duration, in the case of one designated by or under regulation 10(1); or
ii
a course of two academic years' duration, in the case of one not so designated
(ignoring any periods of unpaid service or research or of practice, undertaken as part of the course of the kind mentioned in sub-paragraphs (a) to (g) in the definition of “periods of experience” in paragraph 1(1) of Schedule 5 and, in the case of a sandwich course, periods of experience) or has previously successfully completed a part-time course corresponding to such a course as is mentioned above “the previous course”); and
b
holds an award bestowed so as to be held, in respect of a course designated by or under regulation 10(1)(a), (d) or (e) being a course ordinarily of more than one year’s duration (“the current course”).
3
Paragraph (4) shall not apply if the current course is for the degree of Bachelor of Education and a subject thereof is —
a
physics, chemistry or mathematics (or a combination of those subjects); or
b
craft, design and technology; or
c
business studies; or
d
some other subject the study of which the authority are satisfied fits a person to teach in schools any of the above-mentioned subjects.
4
Where this paragraph applies, the authority shall only be required to make payments under regulation 17(a) or (b) in pursuance of the award in respect of the current course —
a
where that course is ordinarily of not more than two years' duration, in respect of the final year of the student’s course which, in the case of a sandwich course, includes periods of full-time study;
b
where that course is ordinarily of a greater number of years' duration, in respect of that number less two of the final years of the student’s course which, in the case of a sandwich course, includes periods of full-time study;
but, in respect of any other year of the student’s current course, they may make such payments as they consider appropriate not exceeding those which would, apart from this regulation, have been payable under regulation 17(a) or (b) as aforesaid.
5
In this regulation any reference —
a
to the ordinary duration of a course is a reference to the period ordinarily required for its completion by a student who is not excused part of the course on account of his having attended a previous course (ignoring any periods of unpaid service or research or of practice undertaken as part of the course of the kind mentioned in sub-paragraphs (a) to (g) in the definition of “periods of experience” in paragraph 1(1) of Schedule 5 and, in the case of a sandwich course, periods of experience);
b
to the final year or years of a student’s course is, in the case of a student so excused part of the course, a reference thereto after taking account of the consequential reduction in the duration of his course;
c
to a person’s having attended a course shall be construed as provided in regulation 12(6).
Withholding and reduction of payments
26
1
Without prejudice to regulation 16, in the case of any student who is for the time being in default of any requirement to provide such information as is described in regulation 19, the authority may withhold, in part, any payment due to him in respect of maintenance and calculated or determined in accordance with regulation 18, 20 or 22.
2
In respect of any period —
a
after the termination of an award;
b
during which a student is excluded from attendance at the course by the academic authority; or
c
during which a student is absent from his course without leave,
any payment otherwise due in pursuance of the award shall be reduced by the aggregate sum mentioned in paragraph (4).
3
In respect of any other period being —
a
a period during which a student is absent from his course (other than a period of not more than 28 days due to illness);
b
where an award held in respect of one course is transferred in pursuance of regulation 14 so as to be held in respect of another course, a period during which the student is not required to attend either course (other than the period of a single vacation); or
c
a period during which the student is detained in pursuance of an order made by any court,
the authority may reduce any payment otherwise due in pursuance of the award by such amount, not exceeding the aggregate sum mentioned in paragraph (4), as having regard to all relevant circumstances they consider appropriate.
4
The sum referred to in paragraphs (2) and (3) is the aggregate of —
a
fees otherwise due that are not payable by reason of the student’s non-attendance; and
b
the appropriate proportion of the balance of any payment in respect of maintenance payable in pursuance of regulation 17(b).


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the West Dorset Mental Health 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 West Dorset Mental Health 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 West Dorset Mental Health 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 the Herrison Hospital, Dorchester, Dorset DT2 9RL and associated premises;
b
to manage community health services provided from Herrison Hospital, Dorchester, Dorset DT2 9RL and to own the premises from which those services are to be provided and any 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 1991.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date in order to enable it to begin to operate satisfactorily from the operational date the trust shall have the limited functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary for the said purpose.
Assistance by health authorities before operational date
7
1
The West Dorset 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 Dorset 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 Dorset Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Stephen Dorrell
Parliamentary Under-Secretary of State,
Department of Health
4th December 1990


text:
Citation and commencement
1
This Order may be cited as the Electricity (Class Exemptions from the Requirement for a Licence) Order 1990 and shall come into force on 31st March 1990.
Interpretation
2
1
In this Order —
“ the Act ” means the Electricity Act 1989;
“declared net capacity” in relation to a generating station has the meaning given to that expression in Schedule 1;
“offshore installation” has the same meaning as in the Mineral Workings (Offshore Installations) Act 1971 ;
“road” has the same meaning as in section 192(1) and (2) of the Road Traffic Act 1988 ; and
“successor company” has the same meaning as in Part II of the Act.
2
For the purposes of this Order —
a
one body corporate shall be treated as associated with another if —
i
one of them is a subsidiary of the other; or
ii
both of them are subsidiaries of the same holding company;
and “holding company” and “subsidiary” shall have the same meaning as in section 736 of the Companies Act 1985 as substituted by section 144(1) of the Companies Act 1989 , whether or not that subsection is in force on 31st March 1990;
b
one body corporate shall be treated as related to another if —
i
one of them is a 75 per cent. subsidiary of the other; or
ii
both of them are 75 per cent. subsidiaries of a third body corporate;
and 75 per cent. subsidiary shall be construed in accordance with section 838 of the Income and Corporation Taxes Act 1988 ;
c
one body corporate shall be treated as wholly related to another if —
i
one of them is a wholly owned subsidiary of the other and no other body corporate is a parent undertaking in relation to either of them; or
ii
both of them are wholly owned subsidiaries of a third body corporate and no body corporate, other than that third body, is a parent undertaking in relation to either of them;
and in this sub-paragraph —
“wholly owned subsidiary” has the same meaning as in section 736 of the Companies Act 1985 as substituted by section 144(1) of the Companies Act 1989, whether or not that subsection is in force on 31st March 1990; and
“parent undertaking” has the same meaning as in section 258 of the Companies Act 1985 as inserted by section 21 of the Companies Act 1989, whether or not that section is in force on 31st March 1990; and
d
a person shall be treated as generating electricity at any time if he is the operator of plant or equipment which at that time —
i
is generating or capable of generating electricity; or
ii
is not capable of generating electricity only by reason of the repair or testing of the plant or equipment.
Exemptions from section 4 of the Act
3
1
Subject to the provisions of paragraph (3) and articles 4 and 5 below, exemption is granted —
a
from section 4(1)(a) of the Act to persons of the classes specified in Schedule 2; and
b
from section 4(1)(c) of the Act to persons of the classes specified in Schedule 3.
2
A person shall be treated as falling within any class specified in Schedule 2 or Schedule 3 notwithstanding that he generates electricity or, as the case may be, supplies electricity to premises in circumstances other than those specified in the description of that class if the generation or, as the case may be, the supply of electricity in those circumstances would, if taken on its own, be such that —
a
that person would fall within another class in Schedule 2 or, as the case may be, Schedule 3; and
b
the exemption granted to persons of that other class had not ceased to be in force.
3
No person shall be regarded as falling within any of the classes specified in Schedule 2 for as long as he is the holder of a licence under section 6(1)(a) of the Act, or within any of the classes specified in Schedule 3 for as long as he is the holder of a licence under, as the case may be, section 6(1)(c) or (2) of the Act.
Conditions on exemptions
4
1
The exemptions granted by this Order are subject to compliance with the conditions specified in paragraphs (2) to (5) below.
2
Any person who falls within any of the classes specified in Schedule 2 and who generates electricity at a qualifying generating station shall notify the Secretary of State before the relevant date of his name and address.
3
Any person who falls within Class C in Schedule 2 shall notify the Director before 1st July 1990 of —
a
his name and address;
b
the location of each generating station at which he generated electricity on 31st March 1990; and
c
the declared net capacity of each such generating station;
and if the declared net capacity of any generating station notified to the Director is increased, or if any such person generates electricity at a generating station at which he was not generating electricity on 31st March 1990, he shall notify the Director forthwith of the increase in the declared net capacity or, as the case may be, the location of that generating station and its declared net capacity.
4
Any person who falls within Class E in Schedule 3 shall notify the Director before 1st July 1990 of —
a
his name and address;
b
the address of each of the premises to which he was supplying electricity or making the supply of electricity available on 31st March 1990; and
c
the aggregate of the maximum power which he could have made available on 31st March 1990 to the premises to which he was supplying electricity or making the supply of electricity available on that date (whether or not that amount of power was consumed on that date).
5
If a name or address notified to the Secretary of State or the Director pursuant to paragraph 2, (3)(a) or (4)(a) above ceases to be correct the person in question shall notify the Secretary of State or, as the case may be, the Director forthwith of the change of name or address.
6
For the purposes of paragraph (2) above —
a
a person shall notify the Secretary of State of the matters mentioned by delivering or sending by post to him particulars of the matters mentioned to —
i
1 Palace Street, London SW1E 5HE if the registered office or, as the case may be, the principal office of the person in question is situated in England or Wales; or
ii
New St. Andrews House, Edinburgh EH1 3TA if the registered office or, as the case may be, the principal office of the person in question is situated in Scotland;
b
“qualifying generating station” means a generating station which has a declared net capacity which exceeds 200 kilowatts except a generating station which is used solely for the purpose of providing periodic or intermittent electrical power to make good any shortfall in the availability of electrical power which is normally available from some other source; and
c
“the relevant date” in relation to any person means whichever is the later of —
i
1st July 1990; or
ii
the date on which the person in question begins to generate electricity at a qualifying generating station.
7
For the purposes of this article the address of a company shall be the address of its registered office and the address of any other person shall be the address of his principal office.
Circumstances in which exemptions cease to be in force
5
The exemptions granted by this Order shall cease to be in force —
a
in relation to any person falling within any of the classes specified in Schedule 2 if that person —
i
is granted a licence under section 6(1)(a) of the Act; or
ii
does not comply with such of the conditions specified in article 4 above as are applicable to the class within which that person falls;
b
in relation to any person falling within any of the classes specified in Schedule 3 if that person —
i
is granted a licence under, as the case may be, section 6(1)(c) or (2) of the Act; or
ii
does not comply with such of the conditions specified in article 4 above as are applicable to the class within which that person falls; and
c
in relation to persons falling within Class C in Schedule 2 or Classes B, C or E in Schedule 3, in the circumstances specified in paragraphs C.1 in Schedule 2 and B.1, C.2 and E.1 in Schedule 3 respectively.
John Wakeham
Secretary of State for Energy
8th February 1990
Malcolm Rifkind
Secretary of State for Scotland
8th February 1990


text:
Title and commencement
1
These Regulations may be cited as the Revenue Support Grant (Specified Bodies) Regulations 1990 and shall come into force on 2nd November 1990.
Specified Body
2
The Local Government Management Board is hereby specified for the purposes of section 76(4) of the Local Government Finance Act 1988.
Revocation
3
In relation to any financial year beginning on or after 1st April 1991, the Rate Support Grant (Specified Bodies) Regulations 1988 are hereby amended by the deletion, in regulation 2, of the following entries:
a
The Local Government Training Board;
d
The Local Authority Management Services and Computer Committee ( LAMSAC );
e
The Local Authorities' Conditions of Service Advisory Board;
.
Chris Patten
Secretary of State for the Environment
2nd October 1990
David Hunt
Secretary of State for Wales
4th October 1990


text:
1
The Army Act 1955 , the Air Force Act 1955 and the Naval Discipline Act 1957 shall continue in force for a period of twelve months beyond 31st August 1990 that day being the day on which they would otherwise expire.
2
This Order may be cited as the Army, Air Force and Naval Discipline Acts (Continuation) Order 1990.
G. I. de Deney
Clerk of the Privy Council


text:
1
These Regulations may be cited as the Public Service Vehicles (Operators' Licences) (Amendment) Regulations 1990 and shall come into force on 11th October 1990.
2
In paragraph 2 of the Schedule to the Public Service Vehicles (Operators' Licences) Regulations 1986 there shall be inserted at the end the words “or other offences under the law in force in any part of Great Britain which are serious offences as defined in paragraph 1(4) of Schedule 3 or road transport offences as defined in paragraph 1(5) of that Schedule”.
Cecil Parkinson
Secretary of State for Transport
30th August 1990


text:
1
This Order may be cited as the Education (The London Institute) (Designated Staff) Order 1990 and shall come into force on 31st March 1990.
2
The persons employed by the Inner London Education Authority who are named in the Schedule to this Order are hereby designated for the purposes of section 127 of the Education Reform Act 1988 as respects The London Institute higher education corporation .
John MacGregor
Secretary of State for Education and Science
26th March 1990


text:
1
The new highway which the Secretary of State proposes to construct along the route described in Schedule 1 to this Order (this highway being in this Order referred to as “the new trunk road”) shall become a trunk road as from the date when this Order comes into force.
2
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
3
The length of the Trunk Road described in Schedule 2 to this Order and shown by broad striped 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 Norfolk that the new trunk road is open for through traffic.
4
In this Order —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“classified road” as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the deposited plan” means the plan numbered HA10/2E/295 marked “The A47 Trunk Road (East Dereham to North Tuddenham Improvement) 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;
iii
“the Trunk Road” means the A47 Trunk Road.
5
This Order shall come into force on 5th December 1990 and may be cited as the A47 Trunk Road (East Dereham to North Tuddenham Improvement) Order 1990.
Signed by authority of the Secretary of State for Transport
Peter Emms
Regional Director Eastern Region
Department of Transport
15th November 1990


text:
Citation and commencement
1
This Order may be cited as the Guaranteed Minimum Pensions Increase Order 1990 and shall come into force on 6th April 1990.
Increase of guaranteed minimum pensions
2
For the purposes of section 37A(3) and (4) of the Social Security Pensions Act 1975 the percentage by which there is to be an increase of the rate of that part of guaranteed minimum pensions for earners who have attained pensionable age and widows and widowers which is attributable to earnings factors for the tax year 1988-89 and subsequent tax years is 3.
Signed by authority of the Secretary of State for Social Security.
Henley
Parliamentary Under-Secretary of State,
Department of Social Security
13th February 1990


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Contributions) Amendment (No. 2) Regulations 1990, and shall come into force on 6th April 1990.
2
In these Regulations, “the principal Regulations ” means the Social Security (Contributions) Regulations 1979 .
Amendments of Schedule 1 to the principal Regulations
2
1
For Regulation 27 there shall be substituted the following Regulation —
Employer failing to pay earnings-related contributions
27
1
If within 14 days of the end of any income tax month the employer has paid no amount of earnings-related contributions to the Collector underRegulation 26 for that income tax month and the Collector is unaware of the amount, if any, which the employer is liable so to pay, the Collector may give notice to the employer requiring him to render, within 14 days, a return in the prescribed form showing the amount of earnings-related contributions which the employer is liable to pay to the Collector under that Regulation in respect of the income tax month in question.
2
Where a notice given by the Collector under paragraph (1) of this Regulation extends to two or more consecutive income tax months, the provisions of these Regulations shall have effect as if the said consecutive income tax months were one income tax month.
3
A notice may be given by the Collector under paragraph (1) of this Regulation notwithstanding that an amount of earnings-related contributions has been paid to him by the employer under Regulation 26 for any income tax month, if the Collector is not satisfied that the amount so paid is the full amount which the employer is liable to pay him for that month, and the provisions of this Regulation shall have effect accordingly.
.
2
In Regulation 27A in paragraph (9) for the words “returns, statement and declaration required by Regulation 30” there shall be substituted the words “return required by paragraph (1) of Regulation 30”.
3
In regulation 30 —
a
in paragraph (1) —
i
for the words “14 days” there shall be substituted the words “44 days”;
ii
for the words “in respect of each employee showing” there shall be substituted the words “showing in respect of each employee, in respect of whom he was required at any time during the year to prepare or maintain a deductions working sheet in accordance with these Regulations,”;
b
in paragraph (2) —
i
for the words “said returns shall be accompanied by” there shall be substituted the words “return required by paragraph (1) shall include”;
ii
for the words “together with” there shall be substituted the words “and shall also include”; and
c
paragraph (5) shall be omitted.
4
In Regulation 51 in paragraph (6) for the words “14 days” there shall be substituted the words “44 days”.
Signed by authority of the Secretary of State for Social Security
Henley
Parliamentary Under-Secretary of State,
Department of Social Security
8th March 1990
The Commissioners of Inland Revenue hereby concur
By Order of the Commissioners of Inland Revenue
T. J. Painter
L. J. H. Beighton
Two of the Commissioners of Inland Revenue
13th March 1990


text:
Title and commencement
1
This Order may be cited as the Sea Fish Licensing (Variation) (No. 2) Order 1990 and shall come into force on 24th May 1990.
Variation of the Sea Fish Licensing Order 1989
2
The Sea Fish Licensing Order 1989 shall be varied in accordance with articles 3 to 6 below.
3
In article 2 thereof (interpretation) —
a
there shall be inserted after the definition of “mile” the following definition —
“Moroccan waters” means any waters which are under the sovereignty or jurisdiction of the Kingdom of Morocco;
;
b
there shall be inserted at the end the following definition —
“United States' exclusive economic zone” means a zone contiguous to the territorial sea of the United States of America, the seaward boundary of which is a line drawn in such a manner that each point on it is 200 miles from the baseline from which the breadth of the territorial sea of the United States of America is measured.
.
4
In article 3 thereof (prohibition of fishing without a licence and exceptions thereto) —
a
in paragraph (1) there shall be inserted after the words “sea fish” the words “(other than salmon or migratory trout)”;
b
in paragraph (2)(b)(vi) there shall be substituted for the words from “adjacent to England” to the end the words “within a zone delimited by a line running due south from Landguard Point in 51°56' north latitude and 1°19,1' east longitude to 51°33' north latitude and thence due west to a point on the coast of England”;
c
in paragraph (2) there shall be inserted at the end the following sub-paragraph —
c
by any boat used wholly for the purpose of conveying persons wishing to fish for pleasure with rod and line or by handline.
.
5
For Schedule 2 thereto (areas of sea and descriptions of sea fish in respect of which prohibition of fishing without licence applies) there shall be substituted the Schedule to this Order.
6
In Schedule 3 thereto (areas of sea and descriptions of sea fish caught therein to which retention on board provisions apply) there shall be omitted in column 1 the entry “ICES VIIa *(see note below)” and in column 2 the entry “Cod, plaice, whiting”.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 23rd April 1990.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
24th April 1990
Peter Walker
Secretary of State for Wales
26th April 1990
Peter Brooke
Secretary of State for Northern Ireland
2nd May 1990


text:
1
These Regulations may be cited as the Education (Bursaries for Teacher Training) (Amendment) Regulations1990 and shall come into force on 1st September 1990.
2
The Education (Bursaries for Teacher Training) Regulations 1988 shall be amended as follows:–
a
in regulation 5 —
i
at the end of paragraph (b) there shall be added the words —
or, in the case of a course of which the principal subject matter is either Welsh or a modern foreign language specified in the Schedule hereto, on or after 1st September 1990;
;
ii
in paragraph (c) after the words “aged 11 to 16” there shall be inserted the word “or”; there shall be substituted for the word “and” after item (vi) the word “or”; and there shall be added after item (vi) the words —
vii
Welsh, or
viii
a modern foreign language specified in the Schedule hereto; and
.
b
in paragraph (1) of regulation 7 —
i
there shall be substituted for the words “£1,300 per annum in respect of a full-time course” the words “£2,000 per annum in respect of a full-time course of the kind mentioned in regulation 5(c)(ii) and £1,500 per annum in respect of any other full-time course”;
ii
there shall be substituted for the words “that amount” the words “the appropriate amount”.
c
There shall be added after regulation 9 the following —
SCHEDULE
Specified Modern Foreign Languages
Regulation 5
Arabic
Bengali
Chinese (Cantonese or Mandarin)
Danish
Dutch
French
German
Greek (Modern)
Gujarati
Hebrew (Modern)
Hindi
Italian
Japanese
Panjabi
Portuguese
Russian
Spanish
Turkish
Urdu
.
John MacGregor
Secretary of State for Education and Science
31st July 1990
David Hunt
Secretary of State for Wales
2nd August 1990


text:
1
These Regulations may be cited as the Education (Reorganisation in Inner London) (Compensation) (Amendment) Regulations 1990 and shall come into force on 31st August 1990.
2
The Education (Reorganisation in Inner London) (Compensation) Regulations 1989 shall be amended in accordance with the following provisions of these Regulations.
3
In regulation 1(3),in the definition of “qualifying employment”, the word “or” shall be omitted and after the words “(Horniman and Geffrye museums)” there shall be inserted the following words, “or with the City Literary Institute”.
4
In regulation 6(5) (emoluments), for sub-paragraph (b) there shall be substituted the following sub-paragraph —
b
such other period as LRB considers will produce a fair and reasonable result in the circumstances.
.
5
In regulation 7(2) (compensation in respect of loss or diminution of emoluments) —
a
in sub-paragraph (c) for the words “in relevant local government service consisting of employment with” there shall be substituted the word “by”; and
b
in sub-paragraph (d) for the words “for not less than 3 years in relevant local government service” there shall be substituted the words “throughout the previous 3 years by one or more of the employers referred to in the Appendix to Schedule 2 to the Redundancy Payments (Local Government) (Modification) Order 1983 ”.
John MacGregor
Secretary of State for Education and Science
25th July 1990
We consent to the making of these Regulations
Thomas Sackville
David Lightbown
Two of the Lords Commissioners of Her Majesty’s Treasury
25th July 1990


text:
Citation and commencement
1
These Regulations may be cited as the Mobility Allowance Amendment Regulations 1990 and shall come into force on 11th April 1990.
Amendment to the Mobility Allowance Regulations 1975
2
For paragraph (1) of regulation 3 of the Mobility Allowance Regulations 1975 (circumstances in which a person is or is not to be treated as suffering from physical disablement such that he is unable or virtually unable to walk) there shall be substituted the following paragraphs —
1
A person shall be treated, for the purposes of section 37A, as suffering from physical disablement such that he is either unable to walk or virtually unable to do so only if —
a
his physical condition as a whole is such that, without having regard to circumstances peculiar to that person as to the place of residence or as to place of, or nature, of employment —
i
he is unable to walk; or
ii
his ability to walk out of doors is so limited, as regards the distance over which or the speed at which or the length of time for which or the manner in which he can make progress on foot without severe discomfort, that he is virtually unable to walk; or
iii
the exertion required to walk would constitute a danger to his life or would be likely to lead to a serious deterioration in his health; or
b
he is both blind and deaf and, by reason of the effects of those conditions in combination with each other, he is unable, without the assistance of another person, to walk to any intended or required destination while out of doors.
1A
For the purposes of paragraph (1)(b) a person is —
a
blind only where the degree of disablement resulting from loss of vision amounts to 100 per cent.;
b
deaf only where the degree of disablement resulting from loss of hearing amounts to not less than 80 per cent. on a scale where 100 per cent. represents absolute deafness.
.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
20th March 1990


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Assistance for Minor Works to Dwellings Regulations 1990 and shall come into force on 1st April 1990.
2
In these Regulations —
“ the Act ” means the Local Government and Housing Act 1989, and
“assistance” means assistance (whether in the form of a grant or the provision of materials) under section 131 of the Act.
Applications for assistance
2
An application for assistance shall be in writing and shall contain the following: —
a
the name and address of the person applying for assistance,
b
the address of the dwelling to which it relates,
c
a description of the works stating for which one or more of the purposes specified in regulation 3(1) below they are to be carried out,
d
the name and address of the person who will carry out the works,
e
an estimate of the cost of the works and, if the works are to be carried out by the applicant, of the cost of the materials to be used in carrying them out,
f
confirmation that the works are not, so far as the applicant is aware, the subject of or included in any other application for assistance or for grant under Part VIII of the Act,
g
details of the amount or value of any assistance given in the period of three years preceding the date of the application in respect of the dwelling,
h
a statement as to which of the conditions in regulation 4 below are satisfied, and
i
the signature of the applicant.
Dwellings and Works
3
1
Assistance shall be given only in respect of works which are described in the application and which are to achieve one or more of the following purposes, and shall be given only in respect of the description of dwelling specified as respects that purpose —
a
the provision or improvement of thermal insulation in any dwelling, or
b
the repair of a dwelling which, at the time of the application, is included in a clearance area, within the meaning of section 289 of the Housing Act 1985 , or
c
the repair of a dwelling which the authority to which the application is made intend to include in such a clearance area within the period of twelve months beginning at the date of the application, or
d
the repair, improvement or adaptation of any dwelling, or
e
the adaptation of any dwelling to enable a person who is 60 years of age or over who is not an owner or tenant of the dwelling but is or proposes to be resident in the dwelling to be cared for.
2
No assistance shall be given in respect of works which are the subject of or are included in any other application for assistance or for grant under Part VIII of the Act.
Persons to whom assistance may be given
4
1
Assistance may only be given to an applicant who satisfies the following conditions —
a
he is wholly or mainly resident in the dwelling, and
b
he has an owner’s interest in the dwelling or is a tenant of the dwelling (alone or jointly with others), and
c
either he, or his spouse, or the person with whom he lives as husband and wife, is in receipt of income support, family credit, housing benefit or community charge benefit (within the meaning of section 20 of the Social Security Act 1986 ), and
d
if the works are for the purpose specified in regulation 3(1)(d) above, he is 60 years of age or more.
2
In this regulation “tenant” does not include a tenant of an authority or body mentioned in section 101(3) of the Act.
Dealing with applications
5
1
As soon as practicable after receipt of an application, the local housing authority shall inform the applicant as to whether or not they propose to give assistance.
2
If the authority propose to give assistance, they shall indicate the nature and value of any materials they intend to provide and the likely amount of any grant (having regard to regulation 6 below) they intend to make.
3
If the authority do not intend to provide any assistance they shall inform the applicant of their reasons for not doing so.
4
The authority shall carry out such inspections of the works or obtain such certificates from the person carrying them out as are necessary to ensure that they are carried out to a reasonable standard.
Amount of assistance
6
1
The total amount or value of the assistance given on any one application, for the purposes of paragraph (a) of section 131(2) of the Act, shall be determined, and the amount of assistance to be given on an application shall be calculated, in accordance with the following provisions of this regulation.
2
If the assistance is wholly or partly in the form of the provision of materials, the total value of those materials shall not exceed the sum of £1,000.
3
If the assistance is wholly or partly in the form of a grant, the total amount of assistance given in that form shall be the lesser of the following two sums: —
a
a sum equal to 100% of the cost shown to the authority to have been reasonably incurred by the applicant in respect of the works, and
b
the sum calculated by deducting the value of any materials provided from £1,000.
Chris Patten
Secretary of State for the Environment
27th February 1990
Peter Walker
Secretary of State for Wales
27th February 1990


text:
Title and commencement
1
This Order may be cited as the Bovine Spongiform Encephalopathy Compensation Order 1990 and shall come into force on 14th February 1990.
Interpretation
2
In this Order, unless the context otherwise requires —
“ the Act ” means the Animal Health Act 1981;
“affected animal” means a bovine animal which is affected with bovine spongiform encephalopathy;
“average price” means a price calculated from the information referred to in paragraph 1 of the Schedule to this Order and in accordance with paragraph 2 of that Schedule;
“bovine animal” means a bull, cow, steer, heifer or calf;
“the Minister” and “the Ministry” mean respectively the Minister and the Ministry of Agriculture, Fisheries and Food;
“month” means any one of the twelve months of the year;
“return” means a document furnished to the Minister by the person or persons operating a market at a place listed in paragraph 1 of the Schedule to this Order which shows for a month the number of commercial grade friesian cows and heifers in milk and in calf sold at that market and the total sale price therefor;
“suspected animal” means a bovine animal which is suspected of being affected with bovine spongiform encephalopathy.
Compensation for bovine animals slaughtered for bovine spongiform encephalopathy
3
1
Where the Minister causes an affected animal or a suspected animal to be slaughtered under the powers conferred on him by section 32(1) of the Act in its application to bovine spongiform encephalopathy the compensation payable by him shall, subject to paragraph (2) below, be an amount equal to either —
a
the market value of the animal; or
b
the average price in respect of the month which occurred two months prior to the month in which the market value of the animal was determined in accordance with paragraph (3) below, rounded down to the nearest multiple of £1,
whichever is the less.
2
Where the Minister causes an affected or suspected animal to be slaughtered and an examination at a veterinary laboratory of the Ministry of tissues taken from the carcase of the animal does not confirm that it was an affected animal the compensation payable by the Minister shall be an amount equal to either —
a
the market value of the animal; or
b
125 per cent of the average price in respect of the month which occurred two months prior to the month in which the market value of the animal was determined in accordance with paragraph (3) below, rounded down to the nearest multiple of £1,
whichever is the less.
3
a
Notwithstanding the provisions of articles 3 and 4 of the Diseases of Animals (Ascertainment of Compensation) Order 1959 the market value of a bovine animal which the Minister proposes to cause to be slaughtered shall, for the purposes of payment of compensation under this Order, be determined —
i
by agreement between the Minister and the owner of the animal, or
ii
by one valuer appointed jointly by the Minister and the said owner, or
iii
failing such agreement or appointment, by a valuer nominated by the President of the Royal Institution of Chartered Surveyors.
b
A valuer appointed or nominated under sub-paragraph (a)(ii) or (iii) above shall be paid by the Minister and shall give to the Minister and the owner a certificate in writing of the said value.
c
For the purpose of obtaining an agreement under sub-paragraph (a)(i) above the Minister may employ a valuer to agree the market value.
d
In this paragraph a reference to a valuer shall be construed as a reference to an individual, and not to a company or firm or to two or more persons jointly.
4
For the purposes of this article, the market value of a bovine animal is the price which might reasonably have been obtained for it at the time of valuation from a purchaser in the open market if the animal were not an affected or a suspected animal.
Revocation
4
The Bovine Spongiform Encephalopathy Compensation Order 1988 is hereby revoked.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 13th February 1990.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
13th February 1990
Peter Walker
Secretary of State for Wales
12th February 1990
John Taylor
Thomas Sackville
Two of the Lords Commissioners of Her Majesty’s Treasury
12th February 1990


text:
1
These Regulations may be cited as the Assured and Protected Tenancies (Lettings to Students) (Amendment) Regulations 1990 and shall come into force on 1st October 1990.
2
The Assured and Protected Tenancies (Lettings to Students) Regulations 1988 shall be further amended in accordance with the following provisions of these Regulations.
3
For regulation 4A there shall be substituted the following regulation —
4A
The following bodies of persons (whether corporate or unincorporated) are hereby specified as bodies for the purposes of paragraph 8 of Schedule 1 to the Housing Act 1988, that is to say —
a
any housing association (as defined in section 1 of the Housing Associations Act 1985 ) which is registered by the Housing Corporation or Housing for Wales in accordance with Part I of the Housing Associations Act 1985 and which is not listed in Schedule 1 to these Regulations; and
b
a body listed in Schedule 2 to these Regulations.
.
4
In Schedule 1 for each name specified in column (1) of the table below there shall be substituted the name set out opposite thereto in column (2).
Table
(1) (2)
Hull Students Welfare Association The Hull Student Welfare Association International Students Trust, London International Students Housing Society Victoria League for Commonwealth Friendship, London Commonwealth Trust
5
For Schedule 2 there shall be substituted the following Schedule —
SCHEDULE 2
SPECIFIED BODIES UNDER REGULATION 4A
Regulation 4A
AFSIL Limited
Brighton Polytechnic Housing Association Limited
The London Hospital Special Trustees
The London Mission (West London) Circuit Meeting of the Methodist Church
The London School of Economics Housing Association
.
Signed by authority of the Secretary of State for Education and Science
Alan Howarth
Parliamentary Under Secretary of State,
Department of Education and Science
4th September 1990
David Hunt
Secretary of State for Wales
4th September 1990


text:
This Order may be cited as the Dyfed-Powys Police (Amalgamation) (Amendment) Order 1990.
David Waddington
One of Her Majesty’s Principal Secretaries of State
Home Office
26th March 1990


text:
1
These Regulations may be cited as the Town and Country Planning (Assessment of Environmental Effects) (Amendment) Regulations 1990 and shall come into force on 31st March 1990.
2
The Town and Country Planning (Assessment of Environmental Effects) Regulations 1988 shall be amended by substituting for paragraph (1)2 of Schedule 1 the following–
2
a
A thermal power station or other combustion installation with a heat output of 300 megawatts or more (not being an installation falling within paragraph (b)); and
b
A nuclear power station or other nuclear reactor (excluding a research installation for the production and conversion of fissionable and fertile materials, the maximum power of which does not exceed 1 kilowatt continuous thermal load).
.
Chris Patten
Secretary of State for the Environment
26th February 1990
Peter Walker
Secretary of State for Wales
26th February 1990


text:
Title, commencement and interpretation
1
1
This Scheme may be cited as the Farm and Conservation Grant (Variation) Scheme 1990 and shall come into force —
a
as to this paragraph and paragraphs 2 to 5, 6(a), (b), (c) and (e), on 1st July 1990;
b
as to paragraph 6(d), on 1st January 1991.
2
In this Scheme —
“the principal Scheme” means the Farm and Conservation Grant Scheme 1989 ;
“the appropriate Minister” has the meaning provided by paragraph 2(1) of the principal Scheme.
Savings
2
1
Paragraph 5 of this Scheme shall not apply in relation to any claim for grant under the principal Scheme towards expenditure incurred before 1st July 1990 and this Scheme shall not affect the operation of the principal Scheme in relation to any such claim for grant.
2
Paragraph 6(d) of this Scheme shall not apply in relation to any claim for grant under the principal Scheme received by the appropriate Minister before 1st January 1991 and this Scheme shall not affect the operation of the principal Scheme in relation to any such claim for grant.
Variation of the principal Scheme
3
The principal Scheme shall be varied in accordance with the following paragraphs of this Scheme.
4
In paragraph 2(1) (interpretation), in sub-paragraph (b) of the definition of “designated maps”, for the words from “at Plas Crug” to the end of the sub-paragraph there shall be substituted the following:
at Trawsgoed, Aberystwyth, Dyfed SY23 4HT
.
5
1
In paragraph 4(1) (restrictions on payment of grant), for sub-paragraph (e) there shall be substituted the following sub-paragraph —
e
in connection with any work, facility or transaction of a kind specified in paragraph 5 in column 1 of Schedule 1 unless that Minister is satisfied that the person through whom the agricultural business is carried on —
i
derives not less than half of his annual income, calculated in accordance with the provisions of sub-paragraph (2) below, from agricultural activities relating to that business and any qualifying activity carried on by him on land to which the business or an ancillary farm business relates,
ii
derives not less than one quarter of his annual income, so calculated, from agricultural activities relating to the agricultural business, and
iii
spends time in such agricultural and qualifying activities amounting to at least 1,100 hours per year;
.
2
In paragraph 4(2), after the word “business” there shall be inserted “and (as the case may be) qualifying activities”.
3
In paragraph 4(5), there shall be inserted the following definitions —
“ancillary farm business” means a business consisting in the pursuit of a qualifying activity where that business is carried on by the person also carrying on the eligible agricultural business on the same or adjacent land;
“qualifying activity” means any activity carried on for the purpose of —
forestry;
tourism, including the provision of any of the following: accommodation; food and drink; facilities for camping and caravanning; facilities for sports and recreation; educational facilities relating to farming and the countryside; accommodation and care for horses and ponies; or horses and ponies for hire;
craft activities, including the manufacture and sale of craft items or tourist souvenirs; or
maintaining the countryside, including the conservation and enhancement of the natural beauty of an area, the conservation of the flora or fauna or geological or physiographical features of an area, or the protection of buildings or other objects of archaeological, architectural or historic interest in an area, where aid is paid in respect of that activity out of money provided by Parliament, by any local authority or other statutory body, or by the European Economic Community.
.
6
In Schedule 1 (eligible works, facilities and transactions and rates of grant) —
a
in paragraph 1, column 1, for sub-paragraph (a) there shall be substituted the following sub-paragraph —
a
i
hedges (including associated protective fencing and hedgerow trees),
ii
walls built of materials traditional in the locality,
iii
banks built of materials traditional in the locality (including associated protective fencing),
and associated gates, stiles and footbridges;
;
b
in paragraph 7, column 1, the words “plastic-clad” shall be omitted and after the word “structures” there shall be inserted “clad with translucent plastic”;
c
in paragraph 8, column 1, the words “plastic-clad” shall be omitted and after the word “structures” there shall be inserted “clad with translucent plastic”;
d
in column 2, for the figure specified in relation to paragraph 8 in column 1 there shall be substituted the figure “25”;
e
in paragraph 9, column 1, after the word “works” there shall be inserted the following —
(including protective fencing associated with raised floodbanks)
.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 18th May 1990.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Sanderson of Bowden
Minister of State, Scottish Office
21st May 1990
David Hunt
Secretary of State for Wales
21st May 1990
We approve,
David Lightbown
Thomas Sackville
Two of the Lords Commissioners of Her Majesty’s Treasury
16th May 1990


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Lincolnshire Ambulance and Health Transport Service National Health Service Trust (Establishment) Order 1990 and shall come into force on 17th December 1990.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 17th December 1990;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Lincolnshire Ambulance and Health Transport Service 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 Lincolnshire Ambulance and Health Transport Service 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 ambulance and patients' transport services from Cross O' Cliff Court, Bracebridge Heath, Lincoln LN4 2HL and to own those and any 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 1991.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date in order to enable it to begin to operate satisfactorily from the operational date the trust shall have the limited functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary for the said purpose.
Assistance by health authorities before operational date
7
1
The North Lincolnshire 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 North Lincolnshire 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 North Lincolnshire 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 Broadcasting Act 1990 (Commencement Date for Complaints under Part V) Order 1990 and shall come into force on 1st January 1991.
2
1st January 1991 is hereby specified as the date for the purposes of section 143(2) of the Broadcasting Act 1990.
Kenneth Baker
One of Her Majesty’s Principal Secretaries of State
Home Office
14th December 1990