text:
Title, commencement and interpretation
1
1
These Regulations may be cited as the Farm and Conservation Grant (Amendment) Regulations 1990 and shall come into force on 1st July 1990.
2
In these Regulations, unless the context otherwise requires–
a
“the principal Regulations ” means the Farm and Conservation Grant Regulations 1989;
b
“the 1985 Regulations ” means the Agriculture Improvement Regulations 1985;
c
“the appropriate Minister” has the meaning provided by regulation 2(1) of the principal Regulations.
Savings
2
Regulations 5 to 7 below shall not apply in relation to an improvement plan approved under the principal Regulations before 1st July 1990, or to a request for the variation of such a plan or an application for approval of an improvement plan received before 1st July 1990 by the appropriate Minister, and these Regulations shall not affect the operation of the principal Regulations in relation to any such plan, request or application.
Amendment of principal Regulations
3
The principal Regulations shall be amended in accordance with regulations 4 to 7 below.
4
In regulation 2(1) thereof (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
In regulation 3 thereof (eligible persons)–
a
for sub-paragraph (i) of paragraph (1)(a), there shall be substituted the following sub-paragraph–
i
(α) derives not less than half of his annual income, calculated in accordance with the provisions of paragraph (2) below, from agricul-tural 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,
(β) derives not less than one quarter of his annual income, so calculated, from agricultural activities relating to the agricultural business, and
(γ) spends time in such agricultural and qualifying activities amounting to at least 1,100 hours per year, and
;
b
in each of sub-paragraphs (b) and (c) of paragraph (1), for the words “practises farming as his main occupation, as” there shall be substituted “meets the requirements”;
c
in paragraph (2), after the word “business” there shall be inserted “and (as the case may be) qualifying activities”;
d
after paragraph (2) there shall be inserted the following paragraph–
2A
For the purposes of this regulation–
“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 conserva tion 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 regulation 6 thereof (restrictions on approval of improvement plans)–
a
for paragraph (1) there shall be substituted the following paragraph–
1
An improvement plan shall not be approved under these Regula tions unless the appropriate Minister is satisfied that the investments to be made under the plan are justified from the point of view of the situation of the agricultural business and its economy and that implementation of the plan–
a
will bring about a lasting improvement of that situation and in particular of the income per labour unit reasonably required in the carrying on of the business, or
b
is necessary for maintaining the present level of income per labour unit so required.
;
b
in paragraph (3), for sub-paragraph (b) there shall be substituted the following sub-paragraphs–
b
proposed expenditure in connection with the breeding or keeping of pigs unless that Minister is satisfied–
i
that after completion of the work, facility or transaction to which the expenditure relates, the number of pig places on the land occupied for the purposes of the agricultural business to which the plan relates will not exceed 800; and
ii
that the plan provides that on its completion not less than 35 per cent of the feeding stuffs required for the pigs kept on that land can be produced therefrom;
bb
proposed expenditure in connection with the breeding or keeping of pigs which entails an increase in production, except that where a plan submitted for approval which includes such expenditure is received before 1st January 1991, that Minister may approve for the purposes of grant expenditure which serves to increase the number of pig places on the land occupied for the purposes of the agricultural business to which the plan relates to no more than 300 such places;
;
c
in paragraph (3), after sub-paragraph (h) there shall be inserted the following sub-paragraph–
j
proposed expenditure in connection with the breeding or keeping of beef livestock, unless that Minister is satisfied–
i
that, subject to sub-paragraph (ii) below, the effect of such expenditure will not be to increase the number of such livestock kept on the land occupied for the purposes of the agricultural business to which the plan relates,
ii
that, where the effect of such expenditure will be to increase the number of such livestock on such land, the number of such livestock at the completion of the plan will not exceed the equivalent of three livestock units for every hectare of that land comprising forage area, or
iii
that such expenditure is in respect of any work, facility or transaction which has the effect of safeguarding the environment.
;
d
after paragraph (5) there shall be inserted the following paragraph–
5A
For the purposes of paragraph (3)(j) above–
“beef livestock” means bovine animals which by reason of their breed or suitability are exclusively or principally kept for the production of meat either for human consumption or for processing into meat products,
“livestock unit” means one bovine animal over two years old, and a bovine animal under two years old but over six months old shall be taken to be 0.6 of a livestock unit, and
“forage area” means, in relation to land occupied for the purposes of the agricultural business to which the plan relates, so much of that land as is used for grazing by, or producing the feeding stuffs for, the beef livestock.
.
7
In Schedule 1 thereto (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 11, 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 12, column 1, the words “plastic-clad” shall be omitted and after the word “structures” there shall be inserted “clad with translucent plastic”.
Amendment of the 1985 Regulations
8
The 1985 Regulations shall be amended in accordance with the provisions of the Schedule to these Regulations.
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


type: legislation

jurisdiction: UK

text:
1
These Regulations may be cited as the Police Federation (Amendment) Regulations 1990 and shall come into force on 1st September 1990.
2
In these Regulations “the principal Regulations ” means the Police Federation Regulations 1969 .
3
Regulation 6 of the principal Regulations shall be amended as follows:
a
in paragraph (10), the words which follow sub-paragraph (c) shall be omitted;
b
there shall be inserted after paragraph (10) the following paragraph–
10A
Where a member of a joint branch board has been chosen as the secretary thereof he shall, by virtue of this paragraph and without prejudice to the filling of the casual vacancy, become an additional member of the appropriate branch board and shall remain such until the end of the month in which elections are first held under this regulation following the date on which he ceases to hold that office.
.
4
There shall be substituted for regulation 15 of the principal Regulations the following provisions:
Federation Rules
15A
1
Subject to these Regulations, Rules made under this regulation (“Federation Rules”) may make provision relating to–
a
the raising of funds for Federation purposes and the manner in which such funds may be dealt with;
b
the expenses of the joint central committee;
c
the use to which Federation funds may be put.
2
Subject to the following provisions of this regulation, Federation Rules shall be prepared in draft by the joint central committee and submitted to the joint central conference for approval of their general purpose and intent.
3
Where it appears to the joint central committee that the case is one of urgency, it shall not be necessary for that committee to submit Rules in draft to the joint central conference for such approval and it shall be sufficient for the Rules to be approved by the Secretary of State in accordance with paragraph (4); but in such a case the Rules shall cease to have effect unless they are ratified at the next meeting of the joint central conference.
4
After approval of their general purpose and intent by the joint central conference, Federation Rules shall be submitted to the Secretary of State for his approval, and shall not have effect until approved by him.
Emoluments etc. of officers of Federation
15B
1
The Federation shall make such contributions to the police authorities maintaining the police forces of which the chairman, the secretary and the treasurer of the joint central committee are members, in respect of the pay, pension or allowances payable to or in respect of them, as may be agreed between the joint central committee and the police authorities concerned or, in default of agreement, as may be determined by the Secretary of State.
2
The Regulations for the time being in force under–
a
section 33 of the Police Act 1964, in so far as they relate to leave, pay and allowances, and
b
the Police Pensions Act 1976 , except in so far as they relate to compulsory retirement on account of age,
shall have effect in relation to the chairman, the secretary and the treasurer of the joint central committee as provided by paragraph (3).
3
Subject to paragraph (4), the said Regulations shall have effect–
a
in relation to the said chairman and secretary, as if they held the rank of chief inspector in the metropolitan police force; and
b
in relation to the said treasurer, as if he held the rank of inspector in that force;
so, however, that nothing in this paragraph shall be construed as transferring any rights or liabilities to the police authority maintaining that force.
4
Notwithstanding paragraph (3), regulation 65 of the Police Regulations 1987 (London allowance) shall not apply in the case of a person to whom that paragraph applies unless that regulation would apply in his case apart from that paragraph.
.
5
There shall be substituted for regulation 16(1) of the principal Regulations the following provisions:
16
1
The Federation may raise funds by–
a
the collection of voluntary subscriptions from the members thereof;
b
the acceptance of donations from such members, from reversionary members of home police forces or servicemen within the meaning of the regulations from time to time in force under the Police Pensions Act 1976 or from persons with a contingent right of reversion to a home police force under section 2 of the Police Act 1969 ,
and by such other means, and subject to such conditions, as Federation Rules may provide.
1A
Without prejudice to paragraph (1), Federation Rules may make provision in particular for the raising of funds by–
a
the borrowing of money;
b
the acceptance of donations from individuals or bodies; and
c
the sale of publications or other articles, and the receipt of commission in connection with the sale thereof.
1B
Subject to these Regulations, any funds so raised shall be dealt with in accordance with Federation Rules.
1C
Each joint branch board shall maintain a fund to be known as the Joint Branch Board Fund or, in the case of the metropolitan police force, the Joint Executive Committee Fund; and in addition each of the inspectors', sergeants' and constables' branch boards may maintain a fund.
1D
The joint central committee shall maintain a fund to be known as the Police Federation Joint Fund; and each of the three central committees shall maintain a fund to be known respectively as the Police Federation (Constables') Fund, the Police Federation (Sergeants') Fund and the Police Federation (Inspectors') Fund.
.
6
There shall be substituted for regulation 19 of the principal Regulations the following provision:
Use of Federation funds
19
1
Federation funds shall not be used–
a
to support a political party or to promote, directly or indirectly, a person’s candidature in a parliamentary, European Assembly or local election; or
b
to contribute to the funds of a political party or trade union or of any other body or organisation not being connected with the police service or its welfare or carrying out charitable work for the welfare of others.
2
Subject as aforesaid and to any provision made by Federation Rules, a branch board, a joint branch board, the Metropolitan Police Joint Executive Committee and a central committee may use for any purpose which the joint central committee may determine to be necessary or expedient in the interests of the Federation or its members the Federation funds which it holds.
.
7
Schedule 2 to the principal Regulations shall be amended as follows:
a
in paragraph 2 there shall be substituted for the word “Each” the words “Subject to paragraph 2A, each”;
b
there shall be inserted after paragraph 2 the following paragraph–
2A
The chairman and secretary of a joint branch board shall be elected from among its members; elections shall be held for the purposes of this paragraph at some time in 1993 and in every third year thereafter; an additional election may be held before the end of 1990 by any joint branch board, and in any such election the candidates may include any person who, immediately before such election, is discharging the duties and functions of the office concerned notwithstanding that he is not then a member of the joint branch board.
.
Home Office
David Waddington
One of Her Majesty’s Principal Secretaries of State
31st July 1990 3


text:
Citation and commencement
1
1
This Order may be cited as the Aberdeen Harbour Revision Order 1990 and shall come into force on the date fixed in accordance with the provisions of the Statutory Orders (Special Procedure) Acts 1945 and 1965 .
2
The Aberdeen Harbour Orders 1960 to 1987 and this Order may be cited together as the Aberdeen Harbour Orders 1960 to 1990.
Interpretation
2
In this Order “the Order of 1960 ” means the Aberdeen Harbour Order 1960 .
Amendment of Order of 1960
3
The First Schedule to the Order of 1960 shall be amended by adding, at the end of paragraph 1, the following paragraph —
1A
If an organisation which is referred to in any of paragraphs (a) to (f) of section 3(3) of the Aberdeen Harbour Order 1987 ceases to exist, the appointment under that paragraph shall be made by the Secretary of State after consultation if he considers it necessary or desirable with such persons as appear to him to be representative of the interest in question.
Signed by authority of the Secretary of State for Transport
Patrick McLoughlin
Parliamentary Under Secretary of State,
Department of Transport
16th July 1990


text:
1
These Regulations may be cited as the Merchant Shipping (Light Dues) Regulations 1990 and shall come into force on 1st April 1990.
2
The Merchant Shipping (Light Dues) Regulations 1989 are hereby revoked.
3
1
The amounts of light dues which shall be levied under section 5(1) of the Act shall be those set out in the scale of payments in Part I of the Schedule hereto.
2
Light dues shall be levied in accordance with the rules set out in Part II of the said Schedule.
3
Light dues shall not be levied in the cases listed in Part III of the said Schedule.
Signed by authority of the Secretary of State for Transport
Patrick McLoughlin
Parliamentary Under Secretary of State,
Department of Transport
26th February 1990


text:
Citation and commencement
1
1
These Regulations may be cited as the Income-Related Benefits (Miscellane-ous Amendments) Regulations 1990 and shall come into force as follows —
a
regulation 1, on 1st April 1990;
b
regulation 4 —
i
in a case to which paragraph (2) below applies, on 1st April 1990;
ii
in any other case, on 2nd April 1990.
c
regulations 2, 3 and 5, on 9th April 1990;
2
This paragraph applies in any case where rent is payable at intervals of one month or any other interval which is not a week or a multiple thereof.
Amendment of the Social Security (Claims and Payments) Regulations 1987
2
1
Regulation 6 of the Social Security (Claims and Payments) Regulations 1987 (date of claim) shall be amended in accordance with this Regulation.
2
In paragraph (1) for the words “Subject to paragraphs (3) and (4)”, there shall be substituted the words “Subject to the following provisions of this Regulation,”.
3
After paragraph (4) there shall be added the following paragraphs —
5
Where —
a
on or after 9th April 1990 a person satisfies the capital condition in section 22(6) of the Social Security Act 1986 for income support and he would not have satisfied that condition had the amount prescribed under regulation 45 of the Income Support (General) Regulations 1987 been £6,000; and
b
a claim for that benefit is received from him in an appropriate office not later than 27th May 1990;
the claim shall be treated as made on the date determined in accordance with paragraph (6).
6
For the purpose of paragraph (5), where —
a
the claimant satisfies the other conditions of entitlement to income support on the date on which he satisfies the capital condition, the date shall be the date on which he satisified that condition;
b
the claimant does not satisfy the other conditions of entitlement to income support on the date on which he satisfies the capital condition, the date shall be the date on which he satisfies the conditions of entitlement to that benefit.
.
Amendment of the Family Credit (General) Regulations 1987
3
1
The Family Credit (General) Regulations 1987 shall be amended in accordance with this Regulation.
2
In regulations 25(1), 28 and 36(1) (capital treated as income, capital limit and calculation of tariff income from capital) for the figure “£6,000” there shall be substituted the figure “£8,000”.
Amendment of the Housing Benefit (General) Regulations 1987
4
1
The Housing Benefit (General) Regulations 1987 shall be amended in accordance with this Regulation.
2
In regulations 34(1), 37 and 45(1) (capital treated as income, capital limit and calculation of tariff income from capital) for the figure “£8,000” there shall be substituted the figure “£16,000”.
3
In regulation 65 (date on which entitlement is to commence) —
a
in paragraph (1) for the words “paragraph (2)” there shall be substituted the words “paragraphs (2) and (3)”;
b
after paragraph (2) there shall be added the following paragraph —
3
Where a person’s claim is treated as made on a date determined in accordance with paragraph (17) of regulation 72, he shall be entitled to housing benefit from the benefit week in which the claim is treated as made.
.
4
In regulation 72 (time and manner in which claims are to be made) —
a
in paragraph (5) at the beginning there shall be inserted the words “Subject to paragraphs (11), (16) and (17),”;
b
after paragraph (15) there shall be added the following paragraphs —
16
Where —
a
on or after 1st April 1990 a claimant satisfies the capital condition in section 22(6) of the Act for housing benefit and he would not have satisified that condition had the amount prescribed under regulation 37 been £8,000; and
b
a claim for that benefit is received from him at the appropriate DSS office or the designated office not later than 27th May 1990,
the claim shall be treated as made on the date determined in accordance with paragraph (17).
17
For the purposes of paragraph (16), where —
a
the claimant satisfies the other conditions of entitlement to housing benefit in the benefit week in which he satisfies the capital condition, the date shall be the date on which he satisified that condition;
b
the claimant does not satisfy the other conditions of entitlement to housing benefit in the benefit week in which he satisfies the capital condition, the date shall be the first day of the benefit week in which he satisfies the conditions of entitlement to that benefit.
.
Amendment of the Income Support (General) Regulations 1987
5
1
The Income Support (General) Regulations 1987 shall be amended in accordance with this Regulation.
2
In regulation 41(1), 45 and 53(1) (capital treated as income, capital limit and calculation of tariff income from capital) for the figure “£6,000” there shall be substituted the figure “£8,000”.
Tony Newton
Secretary of State for Social Security
20th March 1990


text:
1
These Regulations may be cited as the Education (Training Grants) (Amendment) Regulations 1990 and shall come into force on 1st April 1990.
2
In these Regulations a reference to the principal Regulations is a reference to the Education (Training Grants) Regulations 1987 .
3
In regulation 2(1) of the principal Regulations —
1
the definition of “expenditure incurred by an authority” shall be amended by the substitution for the words “maintenance of a further education establishment”, of the words “maintenance of a special school not maintained by an authority or of an institution of further education”;
2
the definition of “further education establishment” shall be deleted and there shall be inserted after the definition of “higher rate” the following definition —
“institution of further education”, means an institution providing further education or both further and higher education and either —
maintained by an authority, or
designated by or under regulations for the time being in force under section 218 of the Education Reform Act 1988 as an institution substantially dependent for its maintenance on assistance from local education authorities or on grants under section 100(1)(b) of the Education Act 1944 ;
;
3
for the definition of “higher rate” there shall be substituted the following definition —
“higher rate” means, in relation to expenditure incurred before 1st April 1990, 70 per cent., and in relation to expenditure incurred on or after that date, 65 per cent.;
;
4
for the definition of “qualified teacher” there shall be substituted the following definition —
“qualified teacher” means a person who, by virtue of the regulations relating to the employment of teachers for the time being in force under section 218 of the Education Reform Act 1988, is qualified to be employed as a teacher at a school of the kind described in subsection (12) of that section;
.
4
In regulation 4 of the principal Regulations —
1
item (b) shall be amended by the insertion, after the word “maintenance”, of the words “of a special school not maintained by an authority or”;
2
items (b) and (c) shall be amended by substituting for the words “a further education establishment” the words “an institution of further education”;
3
there shall be inserted after item (b) the following item —
ba
the training as teachers of students studying for the Postgraduate Certificate in Education under arrangements made with an authority for their training in schools maintained by the authority and known as the “Articled Teachers Scheme”;
.
5
In regulation 5 of the principal Regulations there shall be inserted after item (a) the following item —
aa
discretionary awards under section 2 of the Education Act 1962 paid as bursaries to students participating in the Articled Teachers Scheme referred to in regulation 4(ba);
.
6
In regulation 10 of the principal Regulations there shall be substituted forparagraph (4) the following paragraph —
4
Each authority that has received or seeks to receive a payment of grant in respect of expenditure incurred during the year ending on 31st March shall —
a
during the three months following that date or as soon as practicable thereafter submit to the Secretary of State a claim which shall specify the expenditure in respect of which grant has been or is being claimed which has been incurred by the authority during that year; and
b
by the following 1st October or as soon as practicable thereafter secure the submission to the Secretary of State of a certificate, signed by the auditor appointed by the Audit Commission to audit the accounts of the authority or any auditor qualified for such appointment by virtue of section 13(5) and (6) of the Local Government Finance Act 1982 , certifying that in his opinion the particulars stated in the claim submitted by the authority pursuant to this paragraph are fairly stated and that a grant at the rate claimed is properly payable pursuant to these Regulations.
John MacGregor
Secretary of State for Education and Science
12th February 1990


text:
Citation and interpretation
1
1
This Order, which extends to the United Kingdom, may be cited as the Environmental Protection Act 1990 (Commencement No. 3) Order 1990.
2
In this Order “the 1990 Act ” means the Environmental Protection Act 1990.
Provisions coming into force on 7th December 1990
2
Section 105 in so far as it relates to paragraph 10 of Schedule 5 to the 1990 Act but only to the extent that it confers power to make regulations under section 11D of the Radioactive Substances Act 1960 shall come into force on 7th December 1990.
Provisions coming into force on 1st January 1991
3
Sections 100 to 104, section 105 in so far as it is not already in force and section 162(2) in so far as it relates to Part V of Schedule 16 shall come into force on 1st January 1991.
Michael Heseltine
One of Her Majesty’s Principal Secretaries of State
6th December 1990


text:
Citation and commencement
1
These Regulations may be cited as the Prescription Pricing Authority Regulations 1990 and shall come into force on 17th September 1990, immediately after the Regional and District Health Authorities (Membership and Procedure) Regulations 1990 come fully into force.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“ Constitution Order ” means the Prescription Pricing Authority Constitution Order 1990 ;
“ Family Authority ” means a Family Health Services Authority;
“member” means a member of the Pricing Authority ;
“Pricing Authority” means the Prescription Pricing Authority constituted under the Constitution Order;
“the Procedure Regulations ” means the Regional and District Health Authorities (Membership and Procedure) Regulations 1990.
2
Unless the context otherwise requires, any reference in these Regulations to a numbered regulation is a reference to the regulation bearing that number in these Regulations and any reference in a regulation to a numbered paragraph is a reference to the paragraph bearing that number in that regulation.
Appointment of members
3
1
The members of the Pricing Authority mentioned in paragraphs (a) to (e) of article 5 of the Constitution Order shall be appointed by the Secretary of State.
2
When appointing any member under paragraph (1), the Secretary of State shall specify the paragraph of that article 5 by virtue of which the appointment is made.
Tenure of office of members
4
1
The tenure of office of a member appointed under regulation 3(1) shall be, subject to regulation 7, for such period, not exceeding 3 years beginning on the date of his appointment, as the Secretary of State shall specify on appointing him.
2
The person who is a member by virtue of paragraph (f) of article 5 of the Constitution Order shall, subject to paragraph (3), hold office for so long as he remains the chief officer of the Pricing Authority.
3
Where, for any period, a person mentioned in paragraph (2) is suspended from his duties as chief officer of the Pricing Authority —
a
he shall also be suspended for that period from performing his functions as a member, and
b
any person appointed to act in his place as chief officer shall also be appointed to perform his functions as a member of that Authority for that period.
Appointment of vice-chairman
5
1
The members may appoint one of their number, other than the chairman or a member mentioned in paragraph (d) or (f) of article 5 of the Constitution Order, to be vice-chairman for such period as they may determine at the time of the appointment, not being a period longer than the period of that person’s tenure of office as a member which remains unexpired at the date when the appointment takes effect.
2
Where a member is appointed to be vice-chairman under the provisions of paragraph (1), the member so appointed —
a
shall, where the chairman of the Pricing Authority —
i
has died or ceased to hold office, or
ii
is unable to perform his duties by reason of illness, absence from England and Wales or any other cause,
perform the duties of the chairman for so long as there is no chairman to perform those duties;
b
may at any time resign the office of vice-chairman by giving notice in writing to the chairman, whereupon the members may appoint another of their number as vice-chairman in accordance with the provisions of paragraph (1).
Officers of the Pricing Authority
6
1
The Pricing Authority shall appoint a person to act as its chief officer.
2
No person who is, or has in the previous 12 months been, a member of the Pricing Authority (other than as chief officer by virtue of article 5(f) of the Constitution Order), shall be employed as a paid officer by the Pricing Authority.
3
Where, for any period, the chief officer of the Pricing Authority is suspended from his duties for any reason, the Pricing Authority shall, for the duration of that period, appoint an officer of that Authority to act, in his place, as its chief officer.
Termination of tenure of office
7
Where a member appointed under regulation 3(1) ceases to be eligible for membership of the Pricing Authority under the paragraph of article 5 of the Constitution Order by virtue of which he was appointed, his tenure of office shall, unless the Secretary of State otherwise directs in his case, terminate forthwith, notwithstanding that he may have been, and may continue to be, eligible for appointment to the Pricing Authority under any other such paragraph.
Appointment of committees
8
Subject to such directions as may be given by the Secretary of State, the Pricing Authority may, and if directed by him shall, appoint committees of the Authority consisting wholly or partly of members of the Prescription Pricing Authority.
Application of regulations
9
The provisions of the Procedure Regulations specified in column (1) of the Schedule to these Regulations shall apply for the purposes of these Regulations —
a
subject to any modification specified in column (3) of that Schedule in relation to any such provision as may be specified in column (1) of that Schedule;
b
as if, in the Procedure Regulations —
i
any reference to a joint committee, and
ii
paragraph 1 of Schedule 1,
were omitted; and
c
as if any reference in the Procedure Regulations to an Authority were a reference to the Pricing Authority.
Revocations
10
1
The Prescription Pricing Authority Regulations 1978 are hereby revoked.
2
In the Procedure Regulations, paragraph 1 of Schedule 3 (amendment of regulation 9 of the Prescription Pricing Authority Regulations 1978) is hereby revoked.
Signed by authority of the Secretary of State for Health
Virginia Bottomley
Minister of State,
Department of Health
20th August 1990.


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the War Pensions Committees Regulations 1990 and shall come into force on 1st January 1991.
2
In these Regulations —
“area” in respect of each Committee means the counties, boroughs or other area specified in column 2 of Schedule 1 to these Regulations opposite the name of the Committee;
“Chief Welfare Officer” means an officer of the Secretary of State who manages the War Pensioners Welfare Service;
“Committee” means a War Pensions Committee established in accordance with regulation 2 and where the context requires means the appropriate War Pensions Committee;
“sub-committee” means a sub-committee of a Committee;
“war disablement pensioner” means a person in receipt of a war pension in respect of his disablement;
“war widow” means a widow who receives a war pension in respect of the death of her husband.
3
Unless the context otherwise requires, any reference in these Regulations to a numbered regulation is a reference to the regulation bearing that number in these Regulations and any reference in a regulation or Schedule to a numbered paragraph is a reference to the paragraph of that regulation or Schedule bearing that number.
Establishment of War Pensions Committees
2
The areas specified in column 2 of Schedule 1 to these Regulations shall each have a War Pensions Committee named in accordance with the corresponding entry in column 1 of Schedule 1.
Membership of Committee (except Northern Ireland War Pensions Committee)
3
1
Each Committee other than the Northern Ireland War Pensions Committee shall consist of 30 members appointed by the Secretary of State.
2
Before appointing the members of such a Committee the Secretary of State shall consult such bodies or organizations in the area which represent any of the interests referred to in paragraph (3)(a), (b) and (c) as he thinks fit.
3
So far as reasonably practicable, the members appointed shall include —
a
twelve members representative of war disablement pensioners,
b
three members representative of war widows,
c
five members representative of voluntary organizations engaged wholly or partly in the care of ex-servicemen or ex-servicewomen or the families of ex-servicemen or ex-servicewomen in the Committee’s area,
d
four members representative of local authorities, in accordance with the entries in column 3 of Schedule 1 to these Regulations opposite the name of the Committee.
Membership of the Northern Ireland War Pensions Committee
4
1
The Northern Ireland War Pensions Committee shall consist of 18 members appointed by the Secretary of State.
2
Before appointing the members of the Northern Ireland Committee the Secretary of State shall consult such bodies or organizations in the area which represent any of the interests referred to in paragraph (3) as he thinks fit.
3
So far as reasonably practicable, the members appointed shall include —
a
seven members representative of war disablement pensioners,
b
two members representative of war widows,
c
three members representative of voluntary organizations engaged wholly or partly in the care of ex-servicemen or ex-servicewomen or the families of ex-servicemen or ex-servicewomen in Northern Ireland, and
d
two members representative of district councils in Northern Ireland.
Constitution, proceedings etc of Committees
5
The provisions of Schedule 2 to these Regulations shall have effect with respect to the Committees.
Functions
6
A Committee —
a
shall consider complaints made to them by persons in their area receiving or claiming war pensions and, if they think fit, make representations about those complaints to the Secretary of State;
b
shall consider any matters referred to them by the Secretary of State and report to him on those matters with such recommendations as they may think fit;
c
shall assist the War Pensioners' Welfare Service in looking after the welfare of war pensioners in their area;
d
may consider any matter connected with war pensions or affecting war pensioners in their area and, where they think it appropriate, make recommendations to the Secretary of State about that matter;
e
may consider reports by the Secretary of State about the work of the War Pensioners' Welfare Service in their area.
Recommendations
7
Any recommendations or representations which a Committee makes to the Secretary of State shall be by way of a resolution submitted to the Chief Welfare Officer.
Reports
8
A Committee may request the Secretary of State to supply them with reports relevant to any matter which the Committee is considering. The Committee shall make any such request through the Chief Welfare Officer.
Voluntary workers
9
A Committee may, after consulting the Chief Welfare Officer, appoint voluntary workers to assist them or a sub-committee to carry out their functions in relation to complaints by persons receiving or claiming war pension and to assisting the War Pensioners' Welfare Service.
Accounts
10
1
A Committee or sub-committee in receipt of funds from charitable or other sources for the purpose of assisting the War Pensioners' Welfare Service shall safeguard those funds and keep proper written accounts of all receipts and disbursements.
2
The accounts shall be open to inspection by the Secretary of State.
Signed by authority of the Secretary of State for Social Security.
Henley
Parliamentary Under-Secretary of State,
Department of Social Security
3rd July 1990


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Kingston Hospital 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;
“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 Kingston Hospital National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called Kingston Hospital National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to own and manage hospital accommodation and services at the Kingston Hospital, Galsworthy Road, Kingston, Surrey KT2 7QB and associated hospitals.
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 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 Kingston and Esher 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 Kingston and Esher 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 Kingston and Esher 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:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (England) Order 1990 and shall come into force on 26th March 1990.
Exemption
2
Catering carried out by the Wrekin District Council at premises known as Barclay Lodge, situated at Wellington Road, Dorrington, Telford, Shropshire, shall not be treated as a defined activity within the meaning of section 2(2)(e) of the Local Government Act 1988 so long as those premises are used wholly or partly as housing accommodation for elderly or infirm persons who need assistance with eating or who need special diets.
Chris Patten
Secretary of State for the Environment
23rd February 1990


text:
Citation and commencement
1
These Regulations may be cited as the Local Government (Promotion of Economic Development) Regulations 1990 and shall come into force on 1st April 1990.
Interpretation
2
1
In these Regulations, except where the context otherwise requires —
“ the Act ” means the Local Government and Housing Act 1989;
“economic development powers” means the powers conferred by section 33(1) of the Act or any other enactment by virtue of which a relevant authority may promote the economic development of its area;
“financial assistance” means assistance of any of the descriptions specified in paragraphs (a) to (f) of section 33(3) of the Act;
“scheduled authority” means a district council in Wales and an authority specified in Schedule 1 to these Regulations.
2
For the purposes of these Regulations, a relevant authority shall be regarded as providing financial assistance if, in the exercise of economic development powers, it agrees to provide or joins with any other person in agreeing to provide financial assistance.
Application
3
1
Subject to paragraph (2), these Regulations apply —
a
where the economic development power in question is that conferred by section 33(1) of the Act, to its exercise on or after 1st April 1990;
b
in any other case, where the power is exercised on or after 1st July 1990.
2
Nothing in any other provision of these Regulations shall apply to preclude a relevant authority from providing financial assistance in fulfilment of an agreement entered into before 1st April 1990.
Provision of property, services and other financial benefits
4
The condition specified for the purposes of section 33(3)(f) of the Act is that the property, services or other financial benefit is provided for a consideration that is less than the best that can reasonably be obtained.
Excluded activities
5
1
Subject to paragraph (2), there are specified for the purposes of section 34(1) of the Act the steps listed in Schedule 2 to these Regulations.
2
Nothing in paragraph (1) or Schedule 2 shall preclude an authority from —
a
carrying out or participating in estate agency work —
i
which consists solely of the publication of information about land; or
ii
in connection with the acquisition or disposal of land that adjoins land which the authority proposes to acquire or dispose of;
b
carrying out or participating in insurance broking in connection with policies relating to moveable property in any building or on any land of which the occupier is a tenant of the authority;
c
publishing a newspaper where the sole or main purpose of such publication is the promotion of the economic development of the authority’s area;
d
doing anything which is —
i
incidental to the provision by the authority of any training facility, the construction or maintenance of any building or the management of any land in which the authority has an interest; or
ii
connected with the promotion of tourism or the provision of information to the public;
e
doing anything on behalf of a Minister of the Crown or, in pursuance of the Local Authorities (Goods and Services) Act 1970 , on behalf of any public body within the meaning of section 1 of that Act.
Excluded forms of financial assistance
6
1
Subject to paragraph (3), there are specified for the purposes of section 34(1) of the Act the steps mentioned in paragraph (2).
2
The steps referred to in paragraph (1) are the provision of financial assistance of any of the descriptions specified in paragraphs (a) to (c) of section 33(3) of the Act to a person who conducts a business or undertaking with a view to profit where —
a
the amount of the assistance is determinable solely by reference to the financial results of that business or undertaking over a period which at the date on which the authority considers the provision of the assistance is not wholly in the past; or
b
it is intended that the assistance should be applied, either wholly or in part, in or towards the payment of the wages or salary of any employee of that person.
3
Nothing in paragraph (1) or (2) shall preclude a relevant authority from providing financial assistance by way of grant which —
a
is made for the purpose of enabling the recipient —
i
to employ a person who, for the period of at least seven days immediately preceding the commencement of the employment, was unemployed;
ii
to employ a person for the duration of any period in which he is undergoing training;
iii
to employ not more than three persons who are qualified to provide some particular knowledge or skill required for the purposes of the business or undertaking; or
b
is provided as part of a scheme to which contributions are made by a Minister of the Crown or the European Commission.
Restrictions on exercise of economic development powers
7
1
Subject to paragraphs (2) and (3), a relevant authority that is not a scheduled authority shall not, in the exercise of economic development powers, in any financial year provide financial assistance of any of the descriptions specified in section 33(3)(a) to (e) of the Act or by accepting or purchasing any bill of exchange within the meaning of the Bills of Exchange Act 1882 —
a
to any person whose undertaking or business is conducted with a view to profit; or
b
to any voluntary organisation for the purposes of enabling that organisation to make a grant or loan or give a guarantee to a person whose business or undertaking is conducted with a view to profit,
where the total value or amount of that assistance in that year exceeds £10,000.
2
Nothing in paragraph (1) shall preclude an authority from providing such assistance as is mentioned in regulation 6(3).
3
Nothing in paragraph (1) shall preclude a county council from doing anything if any scheduled authority in the county could do it.
Consultation with other authorities
8
1
There are specified for the purposes of section 34(1) of the Act the steps mentioned in paragraphs (2) and (3).
2
The step mentioned in this paragraph is the provision, after 1st April 1991, by a relevant authority which is not a local education authority within the meaning of the Education Act 1944 , to a person who is not a member, officer or other employee of the authority, of training or education services other than those included within a programme of such services which the local education authority for the area in which the services are to be provided has approved.
3
The steps mentioned in this paragraph are —
a
the acquisition by a relevant authority of any land outside its area; or
b
the provision of financial assistance for the acquistion or improvement by any other person of any such land, or the acquisition or improvement of plant or machinery in, on or under, any such land,
otherwise than after consultation with such authority for the area in which the land in question is situated as is mentioned in the Table below.
TABLE
Area in which land is situated Authority exercising powers Authority to be consulted
A London borough Any relevant authority The council of the London borough A metropolitan district Any relevant authority The council of the metropolitan district A non-metropolitan county Any county council The county council Any non-metropolitan district council The district council Any London borough council or council of a metropolitan district The county council and the council of the non-metropolitan district
Loans
9
1
Where a relevant authority in the exercise of economic development powers provides financial assistance in the form of a loan and the rate of interest in respect of that loan is more favourable than that reasonably obtainable on the open market, the accounts of that authority for each financial year in which an amount of principal is outstanding as respects any such loan, shall include a separate account of —
a
the amount of any such loan;
b
the difference between the amount of interest payable in that year in respect of that loan and the amount which would have been payable in that year if interest on that loan had been payable at the rate prevailing in the market for a loan of that nature.
2
A copy of a statement of the account required to be kept in accordance with paragraph (1) shall be deposited with the proper officer of the authority at the time that a statement of the authority’s accounts is published in accordance with regulations under section 23 of the Local Government Finance Act 1982 .
Chris Patten
Secretary of State for the Environment
27th March 1990
Peter Walker
Secretary of State for Wales
27th March 1990


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Attendance Allowance and Claims and Payments) Amendment Regulations 1990 and shall come into force on 5th October 1990.
Amendment of the Social Security (Attendance Allowance) ( No. 2) Regulations 1975
2
In paragraph (1) of regulation 6 of the Social Security (Attendance Allowance) (No. 2) Regulations 1975 (modification of section 35(1) to (4) of the Social Security Act 1975 in its application to children) for the words “Sub-sections(1) to (4) of section 35” there shall be substituted the words “Except where the child is one to whom sub-section (2B) of section 35 of the Act applies, sub-sections (1) to (4) of that section shall have effect”.
Amendment of the Social Security (Claims and Payments) Regulations 1987
3
After regulation 36 of the Social Security (Claims and Payments) Regulations 1987 (payment to a partner as alternative payee) there shall be added the following regulation:
Claims for and payment of attendance allowance where section 35(2B) of the Act applies to a child
36A
1
In this regulation, “child” means a person under the age of 16.
2
Where a child claims or is regarded as claiming an attendance allowance on the ground that he is a terminally ill person the Secretary of State shall, in accordance with the following provisions of this regulation, appoint a person to exercise on behalf of that child, any right to which he may be entitled under the Social Security Act 1975 in connection with the allowance and to receive and deal on his behalf with any sums payable by way of that allowance.
3
A person appointed by the Secretary of State shall be —
a
in the case of a child living with his mother, his mother; or
b
in the case of a child who is not living with his mother but is living with his father, his father; or
c
in the case of a child who is living with a person who is neither his mother nor his father, the person with whom the child is living; or
d
in any case to which sub-paragraphs (a) to (c) above do not apply, such person as the Secretary of State may determine.
4
Where the Secretary of State has made an appointment under the preceding provisions of this regulation —
a
he may at any time revoke it;
b
the person appointed may resign his office having given the Secretary of State one month’s notice in writing of his intention to do so;
c
any such appointment shall cease to have effect on the day the child attains the age of 16.
.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
14th September 1990


text:
1
This Order may be cited as the Public Telecommunication System Designation (Videotron LondonLimited) (Wandsworth) Order 1990 and shall come into force on 9th July 1990.
2
Each of the Applicable Cabled Systems is hereby designated as a public telecommunication system.
Eric Forth
Parliamentary under Secretary of State,
Department of Tradeand Industry
4th June 1990


text:
Citation and Commencement
1
These Regulations may be cited as the Income Tax (Purchased Life Annuities) (Amendment) Regulations 1990 and shall come into force on 6th April 1990.
Interpretation
2
In these Regulations “the Principal Regulations ” means the Income Tax (Purchased Life Annuities) Regulations 1956 and “regulation” means a regulation of, and “the Schedule” means the Schedule to, the Principal Regulations.
Amendments to the Principal Regulations
3
1
Regulation 19 shall be renumbered as paragraph (1) of that regulation.
2
In that regulation as so renumbered after the word “Where” there shall be inserted the words “this paragraph applies and”.
3
After that regulation as so renumbered there shall be added —
2
Paragraph (1) of this regulation applies in relation to the repaying or charging of tax in respect of any payment or part of any payment on account of an annuity which, by virtue of section 279 of the Income and Corporation Taxes Act 1988 as it has effect for years of assessment before 1990 — 91, is deemed to be the income of her husband or would have been so deemed but for the operation of section 656(1) of that Act.
.
4
In regulation 21 after the word “or,” there shall be inserted —
“in respect of years of assessment before 1990 — 91,”.
5
The Schedule shall have effect in respect of claims under regulation 4 which are made on or after 6th April 1990 with the following amendments —
a
in paragraph 6, the omission of the words “and, if the annuitant is a married woman, the name of her husband”; and
b
in paragraph 7, the omission of the words “, or of the husband of an annuitant who is a married woman,”.
A. J. G. Isaac
L. J. H. Beighton
Two of the Commissioners of Inland Revenue
14th March 1990


text:
Citation, commencement and expiration
1
1
The Order may be cited as the A1 Trunk Road (Haringey) (Bus Lanes) Red Route Experimental Traffic Order 1990.
2
This Order shall come into force on 1st January 1991 and remain in force until 29th June 1992.
General interpretation
2
1
In this Order: “carriageway” means a way constituting or comprised in a highway, being a way over which the public have a right of way for the passage of vehicles;
“enactment” includes any subordinate legislation within the meaning of the Interpretation Act 1978 ;
“licensed cab” has the same meaning as in the London Cab Act 1968 ;
“London bus service” has the same meaning as in Part II of the Transport Act 1985 ;
“pedestrian crossing” means a crossing for foot passengers marked on a road in accordance with regulations made under section 25 of the Road Traffic Act 1984;
“Schedule” means the Schedule to this Order; and
“water authority” means a water or sewerage undertaker within the meaning of the Water Act 1989 ;
and the expressions “pedal cycle”, “school bus” and “works bus” have the same meanings as in the Traffic Signs Regulations and General Directions 1981 .
Interpretation of references to a bus lane, a length of road and associated expressions
3
1
In this Order, “bus lane” means the area bounded by–
a
the relevant edge of the carriageway of a length of road specified in the Schedule; and
b
a traffic sign consisting of a longitudinal single white line on the same side of the road as that edge (such a white line being referred to in this Order, in relation to a bus lane, as “the single white line”);
and extending along the whole of that length of road.
2
Without prejudice to the generality of paragraph (1) above, where the single white line marking the boundary of a bus lane is broken by a gap opposite and adjacent to the junction of such a length of road with any other road or at a pedestrian crossing, the boundary shall nevertheless be regarded as continuing unbroken.
3
In this Order–
a
a reference to a length of road specified in the Schedule or a part of the Schedule is a reference to a length of road described in a single paragraph of the Schedule or that part of the Schedule;
b
a reference to the relevant edge of the carriageway, in relation to a length of road described in a paragraph of the Schedule, is a reference to the edge on the side of the road indicated by the Schedule;
c
a reference to an adjacent part of the road, in relation to a bus lane, is a reference to an area that is not within the bus lane but is within the carriageway of the length of road which comprises the bus lane;
d
a reference, in relation to a bus lane, to a gap in the single white line includes a reference to a place where instead of there being a single white line there is a broken line.
Application
4
This Order applies to the lengths of road in the London Borough of Haringey specified in the Schedule.
Restriction on use of bus lanes
5
No person shall cause or permit any vehicle to enter or proceed in a bus lane comprised in a length of road specified in–
a
Part I of the Schedule at any time; or
b
Part II of the Schedule between 1600 hours and 1900 hours on Mondays to Fridays inclusive.
Exemptions relating to classes of vehicles and vehicles being used for certain purposes
6
1
Article 5 does not apply to–
a
a vehicle used in the provision of a London bus service;
b
a school bus or a works bus;
c
any other vehicle constructed or adapted to carry more than 11 passengers;
d
any other vehicle which is constructed or adapted for the carriage of disabled persons and those accompanying them and which is being used for the carriage of such persons;
e
a pedal cycle;
f
a licensed cab;
g
a vehicle being used for ambulance, fire brigade or police purposes if the observance of any provision of this Order would hinder the use of the vehicle for the purpose for which it is being used on that occasion;
h
a vehicle being used in the service of a local authority for the purpose of collecting refuse from premises adjacent to a bus lane.
2
Article 5 does not apply to a vehicle being used in connection with–
a
any building operation or demolition;
b
the removal of any obstruction to traffic;
c
the maintenance, improvement or reconstruction of any road;
d
the laying, erection, alteration or repair of any sewer or of any main, pipe or apparatus for the supply of gas, water or electricity or of any telecommunications apparatus as defined in Schedule 2 of the Telecommunications Act 1984 in or near any road;
e
a vehicle being used in the service of a water authority in pursuance of its statutory powers and duties; or
f
the placing, maintenance or removal of any traffic sign;
provided that in all the circumstances it is necessary for the vehicle to enter a bus lane.
Exemptions relating to crossing and turning traffic
7
A person who causes or permits a vehicle to enter a bus lane shall not contravene article 5 if the vehicle enters the bus lane–
a
from a road which does not comprise the bus lane and forthwith leaves the bus lane through the gap in the single white line situated opposite and adjacent to the junction of that road with a bus lane, or if there is no such gap, at a point opposite that road;
b
from an adjacent part of the road through any gap in the single white line and forthwith enters a road which lies opposite that gap;
c
from any vehicular accessway or crossing over the footway adjoining the bus lane and forthwith leaves the bus lane at a point opposite that vehicular accessway or crossing; or
d
from an adjacent part of the road at a point opposite any vehicular accessway or crossing over the footway adjoining a bus lane and forthwith enters that vehicular accessway or crossing.
Exemptions in other circumstances
8
1
A person who causes or permits a vehicle to enter or proceed in a bus lane shall not contravene article 5 if he does so for the sole purpose of enabling a person suffering from any disability or injury (including blindness) which seriously impairs his ability to walk to board or alight from that vehicle and the vehicle–
a
does not remain at rest for more than 2 minutes, and
b
in any event, does not remain in the bus lane for longer than necessary for that purpose.
2
A person who causes or permits a vehicle to enter or proceed in a bus lane shall not contravene article 5 if he does so–
a
in order to prevent an accident and the vehicle then leaves the bus lane as soon as practicable;
b
in order to deliver postal packets addressed to premises adjacent to the bus lane; or
c
in order to collect postal packets from such premises or posting boxes adjacent to the bus lane.
3
Article 5 of this Order does not apply to anything done–
a
with the permission or at the direction of a constable in uniform or a traffic warden, or
b
in accordance with any indication given by a traffic sign which has been placed pursuant to section 66 or 67 of the Road Traffic Regulation Act 1984.
Savings relating to other enactments
9
The prohibition imposed by this Order is in addition to and not in derogation of any restriction, prohibition or requirement imposed by any other enactment and any exception or exemption from the provisions of this Order is without prejudice to the provisions of any other enactment.
Power to modify or suspend this Order
10
If it appears to an Assistant Secretary in the London Regional Directorate of the Department of Transport essential in the interests of the expeditious, convenient and safe movement of traffic, or of the provision of suitable and adequate parking facilities on the highway, or for preserving or improving the amenities of the area through which any road affected by this Order runs, and after–
a
consulting with the Commissioner of Police of the Metropolis, and
b
giving such notice as the Secretary of State may direct,
make modifications of any descriptions (other than additions) to this Order or suspend this Order or any provision of this Order.
11
The power to make modifications under article 10 does not include power to designate additional parking places on a highway for which charges are made.
Signed by authority of the Secretary of State for Transport
P E Butler
Assistant Secretary London Regional Directorate of the
Department of Transport
11th December 1990


text:
Citation and commencement
1
This Order may be cited as the Local Elections (Parishes and Communities) (Declaration of Acceptance of Office) Order 1990 and shall come into force on 1st January 1991.
Form of declaration of acceptance of office
2
The declaration of acceptance of office by the chairman or a councillor of a parish or community council shall be in the form in the Schedule to this Order, or a form to the like effect.
Michael Heseltine
Secretary of State for the Environment
6th December 1990
David Hunt
Secretary of State for Wales
6th December 1990


text:
1
This Order may be cited as the Public Telecommunication System Designation (Bolton Telecable Ltd) Order 1990 and shall come into force on 17th May 1990.
2
Each of the Applicable Cabled Systems is hereby designated as a public telecommunications System.
Eric Forth
Parliamentary Under Secretary of State
Department of Trade and Industry
12th April 1990


text:
Title and commencement
1
This Order may be cited as the Bovine Animals (Identification, Marking and Breeding Records) Order 1990 and shall come into force on 15th October 1990.
Interpretation
2
In this Order, unless the context otherwise requires–
“ the Act ” means the Animal Health Act 1981;
“appropriate Minister” means, in relation to England, the Minister, and in relation to Scotland or to Wales, the Secretary of State;
“approved identification” means an identification made in a manner approved by the appropriate Minister identifying the individual animal;
“bovine animal” means a bull, cow, steer, heifer or calf;
“dairy herd” means any bovine animals which are kept for milk production;
“dam” means the female parent of a calf whether or not the calf was the product of an implanted ovum or embryo and excludes a female bovine animal from which the ovum or embryo has been taken;
“distinguishing mark” means a mark placed on a bovine animal or bovine animals to distinguish it or them, as the case may be, from other bovine animals;
“inspector” means a person appointed to be an inspector for the purposes of the Act by the Minister or by a local authority, and, when used in relation to an officer of the Ministry, includes a veterinary inspector;
“the Minister” and “the Ministry” mean respectively the Minister and the Ministry of Agriculture, Fisheries and Food;
“premises” includes land with or without buildings but does not include any part ofany premises used for the temporary detention of animals as a market, sale-yard, fairground, slaughterhouse lair or place of exhibition;
“slaughterhouse” means–
in relation to England and Wales, a slaughterhouse or knacker’s yard as defined in section 34 of the Slaughterhouses Act 1974 , and
in relation to Scotland, a slaughterhouse as defined in section 22 of the Slaughter of Animals (Scotland) Act 1980 ; and
“veterinary inspector” means a veterinary inspector appointed by the Minister.
Application of the Order
3
The provisions of the Order shall not apply in relation to approved premises, within the meaning of the Importation of Animals Order 1977 and shall apply in relation to imported animals only–
a
from the time specified in the licence issued in respect of those animals under article 11(5) of that Order; or
b
where the existence or suspected existence of disease in any part of Great Britain makes it expedient that no such licence should be issued for the time being, from the time when those animals have completed the period of detention in quarantine required under the provisions of that Order, or as the case may be, have been rested in an approved reception centre for the period so required.
Identification of bovine animals
4
1
Subject to paragraph (2) below, the owner or person in charge of a bovine animal kept on any premises shall identify the animal with an approved identification.
2
The requirement in paragraph (1) above shall not apply in relation to–
a
a bovine animal in a dairy herd being a bovine animal less than 36 hours old; or
b
any other bovine animal less than 7 days old.
3
The owner or person in charge of a bovine animal kept on any premises which has lost (for whatever reason) its approved identification shall identify the animal with the approved identification appropriate to those premises and record the details of the previous approved identification of the animal with the details of the new approved identification except that the owner or person in charge of the bovine animal shall not be required to record the details of the previous approved identification if after making reasonable inquiries he has been unable to obtain such details.
Restriction on the movement of unidentified bovine animals
5
No person shall move a bovine animal on to or off any premises unless it has an approved identification.
Restriction on the sale of unidentified bovine animals in markets
6
The owner or person in charge of a bovine animal shall not sell or expose for sale the animal or cause it to be sold or exposed for sale in any market or sale-yard unless–
a
the animal has an approved identification; and
b
the approved identification is clearly legible.
Distinguishing bovine animals
7
1
The owner or person in charge of bovine animals shall mark such animals with a distinguishing mark if so required in writing by an inspector for the purposes of this Order.
2
An inspector may, for the purposes of this Order, mark bovine animals kept on any premises with a distinguishing mark.
Maintenance of approved identification and distinguishing marks
8
1
The owner or person in charge of a bovine animal shall maintain its approved identification so that it is clearly legible.
2
The owner or person in charge of a bovine animal with a distinguishing mark shall maintain that distinguishing mark so that it is clear and, where appropriate, clearly legible.
3
No person shall alter, remove, obliterate or deface or attempt to alter, remove, obliterate or deface an approved identification or a distinguishing mark.
Breeding records of bovine animals
9
1
The owner or person in charge of a female bovine animal which gives birth to a calf shall enter in a record in the form set out in the Schedule to this Order or in a form to the like effect such particulars relating to that calf and its dam, as are specified in the headings of the several columns in that Schedule.
2
Every entry in a record to be made by a person under this Order shall be made by him within the period specified in paragraph 3 below.
3
a
Where the entry relates to the birth of a bovine animal in a dairy herd the entry shall be made within 36 hours of the birth.
b
Where the entry relates to the birth of a bovine animal other than a bovine animal in a dairy herd the entry shall be made within 7 days of the birth.
4
Every record required to be made by a person under this Order shall be retained by him for a period of 10 years from the date of the birth to which the record relates.
5
Any person who is for the time being in charge of any record required to be made under this Order shall, on demand made by an inspector at any reasonable time during that period, produce those records and allow a copy to be made of them, or an extract to be taken from them and where the records are kept by means of a computer they shall be produced in a form in which they may be taken away.
Sampling
10
Where a veterinary inspector has reasonable grounds for supposing that the provisions of this Order have not been or are not being complied with he may make such tests on, and take such samples from, any bovine animal or carcase as he considers necessary for the purpose of establishing the correctness of that supposition.
Offences
11
Any person who, without lawful authority or excuse, proof of which shall lie on him–
a
contravenes any provision of this Order; or
b
fails to comply with any such provision; or
c
causes or permits any such contravention or non-compliance; or
d
makes an entry in a record for the purposes of this Order which he knows to be false in a material particular; or
e
recklessly makes an entry in a record for the purposes of this Order which is false in a material particular,
commits an offence against the Act.
Local authority to enforce Order
12
Except where otherwise indicated, the provisions of this Order shall be executed and enforced by the local authority.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 18th September 1990.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Lord Strathclyde
Parliamentary Under Secretary of State, Scottish Office
11th September 1990
David Hunt
Secretary of State for Wales
12th September 1990


text:
Citation and commencement
1
This Order may be cited as the Education (Inner London Education Authority) (Repayment of Loans) Order 1990 and shall come into force on 1st April 1990.
Interpretation
2
In this Order —
“ the Act ” means the Education Reform Act 1988;
“deemed borrowing” means the amount which, in accordance with article 3 of this Order, an inner London council shall be deemed to have borrowed from the LRB ;
“ ILEA ” means the Inner London Education Authority;
“inner London council” means the council of an inner London borough or (in their capacity as a local authority) the Common Council of the City of London; and
“the LRB” means the London Residuary Body.
Amount of deemed borrowing
3
1
The amount which each inner London council shall be deemed to have borrowed from the LRB on 1st April 1990 for the purposes of section 177 of the Act shall be determined in accordance with this article.
2
The amount which each inner London council shall be deemed to have borrowed shall be calculated as follows:
a
there shall be deducted from the total amount of the liability on 1st April 1990 of ILEA in respect of money borrowed by ILEA (which becomes on that date a liability of the LRB under section 177(1) of the Act) —
i
an amount equal to any provision set aside by ILEA in respect of the said money borrowed but not used by ILEA to repay such borrowings;
ii
the amount which is shown in the accounts of ILEA as a liability outstanding immediately before 1st April 1990 attributable to temporary borrowing for revenue purposes under paragraph 10(1)(a) of Schedule 13 to the Local Government Act 1972 as applied to ILEA by section 70 of the Local Government Act 1985 ;
iii
an amount equal to the aggregate amount immediately before 1st April 1990 of the liabilities of ILEA in respect of money borrowed by ILEA for the purposes of the institutions specified in Schedule 1 to this Order, being institutions conducted by a higher education corporation or designated under section 129 of the Act; and
iv
the sum of £107,465 in respect of money borrowed by ILEA for the purposes of Goldsmiths' College;
b
the amount remaining after the deductions referred to in subparagraph (a) above have been made shall be apportioned among the inner London councils as deemed borrowings from the LRB in the proportions set out in Schedule 2 to this Order.
Repayment of principal
4
1
Subject to article 7 (early repayment), each inner London council shall discharge its liability to the LRB in respect of its deemed borrowing by making repayments of principal to the LRB over a repayment period of 25 years commencing with the financial year beginning on 1st April 1990.
2
The amount of principal which is to be repaid by each inner London council in each financial year of the repayment period shall be 1/25 th of the amount of its deemed borrowing.
Payment of interest
5
Each inner London council shall in each financial year make payments to the LRB in respect of interest on its deemed borrowing in accordance with the formula set out in Schedule 3 to this Order.
Administrative arrangements
6
1
On or before 15th February in each year the LRB shall notify each inner London council of its estimate of the amount to be paid by that council in accordance with article 5 in respect of the next financial year; and on or before 31st August 1990 of the amount to be so paid in respect of the financial year ending on 31st March 1991.
2
On 30th September and 31st March in each year each inner London council shall pay to the LRB one half of the amount referred to in article 4(2) and one half of the amount notified to the council as the LRB’s estimate of the amount payable in accordance with article 5 in respect of that year.
3
On or before 31st August in each year commencing with the financial year beginning on 1st April 1991 the LRB shall notify each inner London council of the actual amount payable by that council in accordance with article 5 in respect of the preceding financial year. Any difference between that amount and the amounts paid by the council in respect of interest for that year in accordance with paragraph (2) above shall be paid by the council to the LRB or, as the case may be, by the LRB to the council, on 30th September.
Early repayment
7
An inner London council may, after giving to the LRB not less than 60 days' notice in writing of its intention to do so, repay the whole of the principal sum outstanding in respect of its deemed borrowing on the 31st March in any year.


text:
Citation
1
This Order may be cited as the Portsmouth, Severn Trent and Wessex (Pipelaying and Other Works) (Codes of Practice) Order 1990.
Codes of Practice
2
The Codes of Practice prepared by the Companies and certified as such by the Secretary of State are hereby approved.
Signed by authority of the Secretary of State for the Environment
Dinah Nichols
An Under Secretary in the
Department of the Environment
14th November 1990


text:
1
This Order may be cited as the Public Telecommunication System Designation (City Centre Communications Ltd) (North West London) Order 1990 and shall come into force on 22nd October 1990.
2
Each of the Applicable Cabled Systems is hereby designated as a public telecommunication system.
Douglas Hogg
Minister of State,
Department of Trade and Industry
17th September 1990


text:
Citation, commencement and effect
1
These Regulations may be cited as the Lloyd’s Underwriters (Schedule 19A to the Income and Corporation Taxes Act 1988) Regulations 1990 and shall come into force on 2nd January 1991 but shall have effect for the year 1988 — 89 and subsequent years of assessment.
Interpretation
2
In these Regulations “Schedule 19A” means Schedule 19A to the Income and Corporation Taxes Act 1988 .
Amendments to existing provisions of Schedule 19A
3
1
Schedule 19A shall be amended in accordance with the following provisions of this regulation and in this regulation “paragraph” means a paragraph of that Schedule.
2
In paragraph 1(1) —
a
the definition of “agent” shall be omitted;
b
after the definition of “inspector” there shall be inserted —
“managing agent”, in relation to a syndicate and a year of assessment, means —
a
the person registered as a managing agent at Lloyd’s who was acting as such for the syndicate at the end of the corresponding underwriting year, or
b
such other person as may be determined in accordance with regulations made by the Board;
“members' agent”, in relation to a member of a syndicate and a year of assessment, means —
a
the person registered as a members' agent at Lloyd’s who was acting as such for that member at the end of the corresponding underwriting year, or
b
if there was more than one such person acting as a members' agent for that member at that time —
i
the person who was so acting at that time and was appointed by the member to be responsible for complying with the requirements of this Schedule and of any regulations made under section 451(1) or (1A) in connection with tax charged in accordance with section 450 on the profits of all the syndicates of which he was a member, or
ii
if no such person was so appointed, the person who was so acting at that time for the member in his capacity as a member of that syndicate, or
c
such other person as may be determined in accordance with regulations made by the Board;
“member’s profit or loss”, in relation to a member of a syndicate, means the aggregate amount of the profits or losses, as shown in the accounts of each syndicate of which he is a member and in relation to which he has the same members' agent, arising to the member from each such syndicate (taken together) and “member’s profits” and “member’s losses” shall be construed accordingly;
.
3
For paragraph 2 there shall be substituted —
Returns by managing agent
2
1
An inspector may, at any time after the end of the closing year for a year of assessment, by notice in writing to the managing agent require him to deliver to the inspector, on or before the final day determined under sub-paragraph (2) below, a return of the syndicate profit or loss for the year of assessment —
a
containing such information as may be required in pursuance of the notice; and
b
accompanied by such accounts, statements and reports as may be so required.
2
The final day for the delivery of any return required by a notice under sub-paragraph (1) above is whichever is the later of —
a
the 1st September next following the end of the closing year for the year of assessment; and
b
the end of the period of three months beginning on the day following that on which the notice was served.
3
If the managing agent, having been required by a notice under sub-paragraph (1) above to deliver a return, fails to deliver the return on or before the final date for its delivery, he shall be liable to a penalty equal to the prescribed amount multiplied by the number of days on which the failure continues; and in this sub-paragraph “the prescribed amount” means £60 for each fifty members of the syndicate (counting any number of members less than fifty, and any number left over, as fifty).
4
If the managing agent fraudulently or negligently delivers an incorrect return under sub-paragraph (1) above, he shall be liable to a penalty not exceeding the prescribed amount multiplied by the number of members of the syndicate; and in this sub-paragraph “the prescribed amount” means £3,000.
5
In relation to a return required by a notice under sub-paragraph (1) above —
a
any reference in sub-paragraph (2) or (3) above to the delivery of the return is a reference to its delivery together with the accompanying documents referred to in sub-paragraph (1) above; and
b
the reference in sub-paragaph (4) above to the return being incorrect includes a reference to any of those documents being incorrect.
4
In paragraphs 4, 5, 6, 7 and 9 before the word “agent” on each occasion that it occurs there shall be inserted the word “managing”.
5
Paragraph 11 shall be omitted.
New provisions of Schedule 19A
4
After paragraph 2 of Schedule 19A there shall be inserted —
Repayment claims by managing agent
2A
1
In relation to an underwriting year a managing agent may, by notice in writing at any time during the period of six years beginning with 1st March in the closing year for that year, make a claim to the inspector for the repayment of tax suffered by way of deduction on the syndicate investment income allocated to that year in accordance with the rules or practice of Lloyd's.
2
The managing agent shall provide such information in support of the claim as the inspector may reasonably require.
3
Where an amount is repaid to the managing agent under this paragraph, he shall apportion the amount repaid between the members of the syndicate in proportion to their interests in that part of the syndicate investment income which has suffered tax by way of deduction and, where there is a syndicate profit available for distribution to the members, shall pay the amount so apportioned to the members' agent in relation to each member within 90 days of receipt.
4
The provisions of section 824 shall not apply to any repayment of tax made under this paragraph.
Returns by members' agent
2B
1
An inspector may, at any time after the end of the closing year for that year of assessment, by notice in writing to the members' agent require him to deliver to the inspector, on or before the final day determined under sub-paragraph (3) below, a return of the member’s profit for the year of assessment in respect of those syndicates in relation to which he is the members' agent of the member —
a
containing such information as may be required in pursuance of the notice, and
b
accompanied by such statements and reports as may be so required, and
c
containing a statement of the amount of tax which would be payable on that profit if income tax were payable on the whole of it at the basic rate in force for the year of assessment.
2
For the purposes of the return by the members' agent of the member’s profit —
a
there shall be added to that profit an amount representing the depreciation in value for the year of assessment of assets forming part of a premiums trust fund, and
b
there may be deducted from that profit —
i
an amount representing the appreciation in value for the year of assessment of assets forming part of a premiums trust fund,
ii
an amount in respect of disbursements and expenses wholly and exclusively laid out for the purposes of the member’s underwriting business, and of any premium paid by the member on an insurance against losses in his underwriting business, where that amount is claimed in the member’s return for the year of assessment as being deductible from that profit.
3
The final day for the delivery of any return required by a notice under sub-paragraph (1) above is whichever is the later of —
a
1st October in the year of assessment following the closing year for the year of assessment; and
b
the end of the period of three months beginning on the day following that on which the notice was served.
4
If the members' agent, having been required by a notice under sub-paragraph (1) above to deliver a return, fails to deliver the return on or before the final day for its delivery, he shall be liable to a penalty equal to the prescribed amount multiplied by the number of days on which the failure continues; and in this sub-paragraph “the prescribed amount” means £60 for each fifty members for whom he acts and in respect of whom there is such a failure (counting any number of such members less than fifty, and any number left over, as fifty).
5
If the members' agent fraudulently or negligently delivers an incorrect return under sub-paragraph (1) above, he shall be liable to a penalty not exceeding the prescribed amount multiplied by the number of members for whom he acts and in respect of whose returns there is such fraud or negligence; and in this sub-paragraph “the prescribed amount” means £3,000.
6
In relation to a return required by a notice under sub-paragraph (1) above —
a
any reference in sub-paragraph (1) or (3) above to the delivery of the return is a reference to its delivery together with the accompanying documents referred to in sub-paragraph (1) above; and
b
the reference in sub-paragraph (5) above to the return being incorrect includes a reference to any of those documents being incorrect.
5
For paragraph 3 of Schedule 19A there shall be substituted —
Payments on account of tax
3
1
In the case of a member’s profit for a year of assessment, the members' agent shall, on or before the 1st January next following the end of the closing year for that year, pay to the collector, on account of the member’s liability to tax, the amount stated in his return for that year under paragraph 2B(1)(c) above.
2
Where an amount is paid to the collector under sub-paragraph (1) above for a year of assessment, the following provisions shall apply as between a member and that members' agent —
a
where the amount so paid exceeds the amount deducted by the members' agent in accounting to the member for that member’s profit, the amount of the excess shall be paid by the member to the members' agent; and
b
where the amount so paid is less that the amount deducted by the members' agent in accounting to the member for that member’s profit, the amount of the excess shall be paid by the members' agent to the member.
3
Where an amount is paid to the collector under sub-paragraph (1) above for a year of assessment, the following provisions shall apply as respects the member’s liability to tax for that year —
a
where the amount in which the member is charged to tax exceeds the amount so paid, the amount of the excess shall be the amount of tax due and payable; and
b
where that amount exceeds the amount in which the member is so charged, the amount of the excess shall be treated as tax overpaid.
4
Any amount which is payable under sub-paragraph (1) above shall carry interest at the rate applicable under section 178 of the Finance Act 1989 from the date when it becomes payable until payment, whether or not that date is a non-business day within the meaning of the Bills of Exchange Act 1882 , and section 90 of the Taxes Management Act 1970 shall apply for the purposes of this paragraph as it applies for the purposes of any provision of Part IX of that Act.
Assessments on members' agent
3A
1
If the members' agent delivers a return in accordance with paragraph 2B above but does not pay to the collector the amount of tax stated in the return in accordance with paragraph 3 above, the inspector may make an assessment on the members' agent in that amount whether or not it has been paid when the assessment is made.
2
If for a year of assessment the inspector is dissatisfied with a return under paragraph 2B above, or there is no such return, he may make an assessment on the members' agent to the best of his judgment.
3
Any income tax due under an assessment made by virtue of sub-paragraph (1) or (2) above shall be treated for the purposes of interest on unpaid tax as having been payable at the time when it would have been payable if a correct return had been made.
A. J. G. Isaac
L. J. H. Beighton
Two of the Commissioners of Inland Revenue
12th December 1990


text:
1
This Order may be cited as the Representation of the People Act 1989 (Commencement No. 2) Order 1990.
2
Sections 1 to 4 of the Representation of the People Act 1989 shall come into force on 1st April 1990.
David Waddington
One of Her Majesty’s Principal Secretaries of State Home Office
8th March 1990


text:
Citation and commencement
1
These Regulations may be cited as the Regional and District Health Authorities (Membership and Procedure) Amendment Regulations 1990 and shall come into force on 17th September 1990.
University non-officer member for Bloomsbury and Islington Health Authority
2
In Part I of Schedule 1 to the Regional and District Health Authorities (Membership and Procedure) Regulations 1990 for the words “Bloomsbury Health Authority” there shall be substituted the words “Bloomsbury and Islington Health Authority”.
Signed by authority of the Secretary of State for Health
Stephen Dorrell
Parliamentary Under Secretary of State,
Department of Health
Date 23rd August 1990


text:
Citation, commencement and interpretation
1
1
This Order, which may be cited as the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment (No.2) Order 1990, shall come into force on 25th July 1990.
2
In this Order, the expression “the principal Order ” means the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983.
Amendment of article 26A of the principal Order
2
1
Article 26A of the principal Order (mobility supplement) shall be amended in accordance with the following provisions of this article.
2
After sub-paragraph (c) of paragraph (1) there shall be added the following sub-paragraph:
d
disablement as a result of his being both blind and deaf where 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.
.
3
After paragraph (2) there shall be inserted the following paragraph:
2A
For the purposes of paragraph (1)(d) a person is —
a
blind only where the assessed degree of disablement resulting from loss of vision has been certified in accordance witharticle 9 as amounting to more than 80 per cent;
b
deaf only where the assessed degree of disablement resulting from loss of hearing has been certified in accordance witharticle 9 as amounting to not less than 80 per cent.
.
G.I. de Deney
Clerk of the Privy Council.


text:
Citation and interpretation
1
1
This Order may be cited as the Education (Eligibility of Primary Schools for Grant-maintained Status) Order 1990 and shall come into force on 1st November 1990.
2
In this Order “ the Act ” means the Education Reform Act 1988.
Eligibility of primary schools for grant-maintained status
2
Subject to subsections (8) and (9) of section 52 of the Act, all primary schools which are county or voluntary schools shall be eligible for grant-maintained status.
Consequential repeals
3
Section 52(6) of the Act (which provides for primary schools with less than three hundred pupils not to be so eligible) and section 52(7) thereof (which enables the Secretary of State to make this Order) are hereby repealed.
John MacGregor
Secretary of State for Education and Science
16th October 1990
David Hunt
Secretary of State for Wales
16th October 1990


text:
1
This Order may be cited as the Insurance Brokers Registration Council (Indemnity, Insurance and Grants Scheme) (Amendment) Rules Approval Order 1990 and shall come into force on 27th December 1990.
2
The Insurance Brokers Registration Council (Indemnity Insurance and Grants Scheme) (Amendment) Rules 1990 made on 10th April 1990 by the Insurance Brokers Registration Council under section 12 of the Insurance Brokers (Registration) Act 1977 and paragraph 6(1), (2) and (3) of Schedule 15 to the Financial Services Act 1986 are hereby approved as set out in the Schedule to this Order.
John Redwood
Minister of State,
Department of Trade and Industry
4thDecember 1990


text:
Citation, commencement and interpretation
1
1
This Scheme may be cited as the Workmen’s Compensation (Supplementation) Amendment Scheme 1990 and shall come into force on 11th April 1990.
2
This Scheme shall be read as one with the Workmen’s Compensation (Supplementation) Scheme 1982 (“the principal Scheme”).
3
In this Scheme, “the operative date” means 11th April 1990.
Amendment of article 5 of the principal Scheme
2
Paragraph (2) of article 5 of the principal Scheme shall be amended by substituting for the date “12th April 1989” the date “11th April 1990”.
Substitution of Schedule 1 to the principal Scheme
3
For Schedule 1 to the principal Scheme (table of rates of lesser incapacity allowance for beneficiaries to whom article 5(2) applies and table of loss of earnings and corresponding rate of lesser incapacity allowance) there shall be substituted the Schedule set out in the Schedule to this Scheme.
Transitional provision relating to amount of allowance payable
4
1
The provisions of paragraph (2) of this article shall apply to a beneficiary who was, before the operative date, in receipt of a lesser incapacity allowance but in respect of whom the final calculation of earnings required by article 7(2) of the principal Scheme had not been made by that date.
2
In such a case as is referred to in paragraph (1) above the beneficiary shall be treated as entitled from the operative date to an allowance at the rate to which he would have been entitled had the final calculation been made before the operative date.
Transitional provision relating to claims not made before the operative date
5
1
The provisions of paragraph (2) of this article shall apply to a person whose claim for lesser incapacity allowance was not made before the operative date and who is awarded such allowance for a period after the operative date at one of the rates shown in the second column of Part II of Schedule 1 to the principal Scheme.
2
Any lesser incapacity allowance which is found to be payable to such a person as aforesaid in respect of a period before the operative date shall–
a
in so far as it relates to the period from 12th April 1989 to 10th April 1990 inclusive, be paid at the rate shown in the first column of Part I of Schedule 1 to the principal Scheme which corresponds to the rate awarded to him for the period after the operative date; and
b
in so far as it relates to a period before 12th April 1989 be paid at the rate or rates then in force which corresponds or correspond to the rate awarded to him for the period after the operative date.
Transitional provision relating to claims made but not determined before the operative date
6
1
The provision of paragraph (2) of this article shall apply to a person whose claim for lesser incapacity allowance was made but not determined before the operative date.
2
Any lesser incapacity allowance which is found to be payable to such a person as aforesaid in respect of a period before the operative date shall be paid at the rate or rates in force for that period which corresponds or correspond with that person’s loss of earnings.
Transitional provision relating to review and appeal
7
Where a lesser incapacity allowance has been awarded to a person under the principal Scheme before the operative date and a question arises as to the weekly rate of allowance payable in consequence of this Scheme, the case shall be reviewed by the adjudication officer in the light of amendments made by this Scheme and the allowance shall continue to be payable at the weekly rate specified in the award until the question has been determined in accordance with the provisions of the principal Scheme.
Signed by authority of the Secretary of State for Social Security.
Gillian Shephard
Parliamentary Under-Secretary of State,
Department of Social Security
16th March 1990
We consent,
Kenneth Carlisle
T. Sackville
Two of the Lords Commissioners of Her Majesty’s Treasury
20th March 1990


text:
1
The Principal Order is hereby varied by substituting for the length of new trunk road described in Schedule 1 to this Order (hereinafter referred to as “the superseded length”) the route described in Schedule 2 to this Order (hereinafter referred to as “the substituted length”).
2
The effect of the variation to the Principal Order made by article 1 of this Order is shown on the deposited plan, the superseded length being shown by solid black lines on the said plan, and the substituted length being shown by short black banding on that plan.
3
In this Order —
“the deposited plan” means the plan numbered HA10/2-WO.74 marked “The Swansea — Manchester Trunk Road (A483) and the Shrewsbury — Dolgellau Trunk Road (A458) (Welshpool North — South Relief Road) (Variation) Order 1990” signed by authority of the Secretary of State and deposited at the Welsh Office Repository, Curran Embankment, Cardiff; “the Principal Order” means The Swansea — Manchester Trunk Road (A483) and the Shrewsbury — Dolgellau Trunk Road (A458) (Welshpool North — South Relief Road) Order 1988 ;
4
This Order shall come into force on 2nd October 1990 and may be cited as the Swansea — Manchester Trunk Road (A483) and the Shrewsbury — Dolgellau Trunk Road (A458) (Welshpool North — South Relief Road) (Variation) Order 1990.
Signed by authority of the Secretary of State.
H. R. Bollington
An Assistant Secretary Welsh Office
4th September 1990