text:
PART I
General
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Fund-holding Practices) (General) Regulations 1991 and shall come into force on 1st April 1991.
2
In these Regulations, unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“the 1977 Act ” means the National Health Service Act 1977 ;
“allotted sum” has the same meaning as in section 15 of the Act;
“the Application Regulations ” means the National Health Service (Fund-holding Practices) (Applications and Recognition) Regulations 1990 ;
“bank account” includes an account with a building society incorporated under the Building Societies Act 1986 ;
“former fund-holding practice” means one or more medical practitioners who were members of a fund-holding practice and either —
have renounced recognition as a fund-holding practice in accordance with regulations 7 and 8, or
from whom recognition has been removed in accordance with regulations 10 and 11 or 12 and 13
whichever is appropriate;
“fund-holding account” has the meaning assigned by regulation 3(2)(d);
“fund-holding practice” means a recognised fund-holding practice;
“health service body” has the same meaning as in section 4 of the Act;
“recognised fund-holding practice” shall he construed in accordance with section 14 of the Act;
“relevant Regional Health Authority” has the meaning assigned by section 14(3) of the Act.
3
For the purposes of these Regulations, any reference to a fund-holding practice renouncing recognition is a reference to a fund-holding practice renouncing its status as a recognised fund-holding practice and “renunciation of recognition” shall be construed accordingly.
4
For the purposes of these Regulations, any reference to a relevant Regional Health Authority removing recognition is a reference to that Authority removing recognition from the members of a fund-holding practice and “removal of recognition” shall be construed accordingly.
5
For the purposes of these Regulations, any reference to the rights and liabilities of members of a fund-holding practice is a reference to rights and liabilities incurred in connection with the application of an allotted sum and in particular to rights and liabilities under NHS contracts.
6
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.
7
In these Regulations any reference to the sending of a document is a reference to the sending of the document in a prepaid letter addressed, in the case of a medical practitioner, to him at the address given in the medical list in which he is included and, in the case of the Secretary of State or a Regional Health Authority, to them at their principal office.
Application of Regulations in Wales
2
1
Subject to paragraph (2), in the application of these Regulations to any fund-holding practice whose recognition has been granted by the Secretary of State , for any reference to the relevant Regional Health Authority there shall be substituted at reference to the Secretary of State.
2
Regulations 11(4)(c)(i) and (5)(c)(i), 13(c)(i) and 14 do not apply to any fund-holding practice whose recognition has been granted by the Secretary of State.
PART II
Continuing Recognition
Conditions for continuing recognition
3
1
The members of at fund-holding practice shall continue to be entitled to recognition as a fund-holding practice if and so long as the conditions specified ill paragraph (2) are fulfilled in relation to the practice.
2
The conditions referred to in paragraph (1) are that —
a
the practice does not include —
i
a member who practises in a partnership where the total number of patients on the lists of patients of the medical practitioners in the partnership exceeds 9,000, and
ii
a member who practises in another such partnership;
b
there is at total of at least 9,000 patients on the lists of patients of the members of the practice or, though there is at total of less than 9,000 patients on those lists, there is likely, in the opinion of the relevant Regional Health Authority, to be at total of at least 9,000 on those lists by the 1st April following the date on which it came to the notice of the relevant Regional Health Authority that the total number of patients on the lists of members of the practice was less than 9,000;
c
where the members of the practice are not partners in a single partnership, there is in force an agreement such as is mentioned in regulation 6(d) of the Application Regulations;
d
the members of the practice maintain a bank account (“the fund-holding account”) for the purpose of receiving an allotted sum or any part of it;
e
except where liability to pay an allotted sum to the members of the fund-holding practice is discharged pursuant to section 15(3)(b) of the Act, the members of the practice deal with the allotted sum or any part of it only through the fund-holding account;
f
no sums are paid into the fund-holding account other than the allotted sum of any part of it;
g
the members of the practice send to the relevant Family Health Services Authority, before the end of each month, such information relating to the preceding month as the relevant Family Health Services Authority may reasonably require in relation to the management of the allotted sum and in particular to —
i
transactions effected through the fund-holding account,
ii
the amount standing in the fund-holding account at the end of the preceding month,
iii
whether any such amount includes an amount which may be applied for the purposes specified in regulation 20 (savings from the allotted sum), and
iv
the arrangements made for the purchase of goods and services referred to in regulation 17(2);
h
the annual accounts of a fund-holding practice which are required to be kept under section 98(2B)(c) of the 1977 Act shall be submitted to the relevant Family Health Services Authority within six weeks of the end of the financial year to which the accounts relate;
i
the members of the practice shall not, except in the circumstances specified in sub-paragraphs (c), (d), (f) and (h) to (m) of paragraph 32 of Schedule 1 to the National Health Service (General Medical and Pharmaceutical Services) Regulations 1974 (acceptance of fees), demand or accept from any patient of a member of the practice for whom general medical services are provided a payment (including a payment in kind) in respect of any treatment —
i
provided by a member of the practice, or
ii
which a member of the practice has arranged to be provided for the patient,
whether or not the treatment is to be provided under the Act or the 1977 Act;
j
no goods or services specified in a list approved under regulation 17(2) shall be purchased for a patient of a member of the practice from any person or body with which any member of the practice has a particular connection unless —
i
the relevant Regional Health Authority has consented in writing to the purchase of those goods or services from that person or body, or
ii
it is impracticable, having regard to the condition of the patient, to obtain the consent and no alternative is available, or
iii
the body is a health service body other than a fund-holding practice;
k
where the members of a practice have obtained the consent of the relevant Regional Health Authority under sub-paragraph above, the members of the practice shall inform that Authority of any change either in the facilities available at, or the charges made by, the person or body in respect of which the consent is given;
l
the allotted sum shall be applied only for the purposes specified in regulations 16, 17, 19 and 20;
m
the members of the fund-holding practice shall manage the allotted sum effectively and efficiently.
3
In this regulation —
a
a member of a fund-holding practice shall be treated as having a particular connection with a body if —
i
he is a director of, or is in the employment of, the body, or
ii
he is a partner of, or is in the employment of, or is a close relative of, a person who is a director of the body, or
iii
where the body is a fund-holding practice, he is a close relative of a member of the practice, or
iv
he is a close relative of a person in the employment of the body, or
v
he has a beneficial interest in the securities of the body;
b
a member of a fund-holding practice shall be treated as having a particular interest in a person if he is a close relative of, or is a partner of, or is in the employment of, the person.
c
“close relative” means a husband, wife, brother, sister, father, mother, son or daughter.
Additions to existing fund-holding practices
4
1
Where a medical practitioner (whether or not he is a member of another fund-holding practice) wishes to become a member of an existing fund-holding practice then, except in the circumstances specified in paragraph (2), he and the members of the existing fund-holding practice shall apply to the relevant Regional Health Authority for recognition as a fund-holding practice in accordance with the Application Regulations.
2
Paragraph (1) shall not apply to a medical practitioner who becomes a partner of a member of a fund-holding practice as a result of the grant of an application made by the medical practitioner to a Family Health Services Authority under section 30(1) of the 1977 Act to be included in the list of names of medical practitioners undertaking to provide general medical services in the Authority’s locality.
3
A medical practitioner who becomes a partner of a member of a fund-holding practice in the circumstances described in paragraph (2) shall, on having his name included in the list referred to in that paragraph, be a member of that fund-holding practice notwithstanding that he did not join in the making of an application under regulation 3 of the Application Regulations.
Withdrawal of a member of a fund-holding practice
5
1
Subject to paragraph (2), a member of a fund-holding practice may withdraw from the practice and the recognition as a fund-holding practice of the remaining members of the practice shall not be affected by the withdrawal.
2
A member of a fund-holding practice who is a partner of another member of the practice may not withdraw from the fund-holding practice unless he also ceases to be a partner of that other member.
Death of a member of a fund-holding practice
6
Where a member of a fund-holding practice dies, the recognition as a fund-holding practice of the remaining members of the practice shall not be affected by the death.
PART III
Renunciation of Recognition
Renunciation of recognition
7
The circumstances in which the members of a fund-holding practice may renounce recognition are that a majority of the members of the practice have sent to the relevant Regional Health Authority notice of their intention to renounce recognition in accordance with regulation 8.
Procedure for renunciation of recognition
8
The notice referred to in regulation 7 shall —
a
be in writing;
b
be signed by a majority of the members of the fund-holding practice;
c
be sent at least one month before the 31st March following the sending of the notice;
d
be expressed to expire on 31st March; and
c
be accompanied by a statement including information relating to —
i
the NHS contracts into which the members of the practice have entered;
ii
the amount standing in the fund-holding account;
iii
the amount standing in the fund-holding account which may be applied for the purposes specified in regulation 20 (savings from the allotted sum) and;
iv
the liabilities of the members of the fund-holding practice.
Consequences of renunciation of recognition
9
1
Subject to paragraphs (2) and (4), the consequences of renunciation are that the members of a fund-holding practice cease, as from the 31st March specified in the notice referred to in regulation 8, to be recognised as a fund-holding practice.
2
Notwithstanding a renunciation of recognition and subject to paragraph (5), a former fund-holding practice shall continue to fulfil the conditions specified in regulation 4(2)(d), (e), (f), (g), (h) and (l) until the relevant Regional Health Authority is satisfied that all the liabilities of the former fund-holding practice have been discharged.
3
When the relevant Regional Health Authority is satisfied that all liabilities of the fund-holding practice have been discharged it shall send a notice to that effect to each member of the former fund-holding practice.
4
If, after a notice under the preceding paragraph has been sent, part of the allotted sum remains in the fund-holding account, the former fund-holding practice shall —
a
continue to maintain the fund-holding account until no amount remains standing in that account;
b
apply that sum only for the purposes specified in regulation 20 (savings from the allotted sum); and
c
each month send to the relevant Regional Health Authority a statement specifying any withdrawal from the fund-holding account.
5
If, at any time after the renunciation of recognition has taken effect, the relevant Regional Health Authority is satisfied that —
a
no part of the allotted sum remains in the fund-holding account; and
b
the liabilities of the former fund-holding practice have not been discharged
all the rights and liabilities of the former fund-holding practice shall, upon notice being sent to that effect to each member of the former fund-holding practice, transfer to the relevant Regional Health Authority.
PART IV
Removal of Recognition
Grounds for removal of recognition
10
1
Where, by 28th February in any year, the relevant Regional Health Authority has notified the members of a fund-holding practice of the amount of the allotted sum for the financial year beginning on the next 1st April and the members of the practice have not, within one month from the date on which that notice is sent, notified the relevant Regional Health Authority that they are prepared to accept that amount as their allotted sum, the relevant Regional Health Authority may remove recognition from them with effect from that 1st April (whether or not the recognition is one which has taken effect in accordance with regulation 5(2) of the Application Regulations).
2
The relevant Regional Health Authority may remove recognition from the members of a fund-holding practice if a condition specified in regulation 3(2) is no longer fulfilled in relation to the practice.
Procedure for removal of recognition
11
1
Except as provided by regulations 12 and 13, where a relevant Regional Health Authority proposes to remove recognition from the members of a fund-holding practice on the ground specified in regulation 10(2), the Authority shall —
a
send to each member of the practice a notice in writing specifying —
i
the reason for the proposal, and
ii
the date, which shall be at least 3 months from the date on which the notice is sent, on which the removal of recognition is proposed to have effect; and
b
inform the members of the practice that they may, subject to paragraphs (2) and (3), make representations to the Authority concerning the matter either orally or in writing.
2
Representations in writing shall be sent to the relevant Regional Health Authority within two months of the date on which the notice referred to in paragraph (1) is sent.
3
Where the members of the practice wish to make representations orally they shall, within two weeks of the date on which the notice referred to in paragraph (1) is sent, send notice to that effect to the relevant Regional Health Authority and the Authority shall, within six weeks of the date on which the members of the fund-holding practice send notice under this paragraph, give them an opportunity of appearing before and being heard by the Authority or a committee, sub-committee or officer of the Authority appointed for the purpose.
4
If the relevant Regional Health Authority decide, having taken into account any representations made by the members of the fund-holding practice, to adopt the proposal, the Authority shall —
a
send to each member of the fund-holding practice a notice in writing of its decision;
b
include in the notice —
i
a statement of the reasons for the decision, and
ii
the date on which the removal of recognition takes effect; and
c
inform each member of the practice of —
i
the right to appeal to the Secretary of State against the removal of recognition, and
ii
the consequences of removal of recognition.
5
In the circumstances specified in regulation 10(1), the relevant Regional Health Authority shall —
a
send to each member of the practice notice of removal of recognition;
b
include in the notice a statement of the reasons for the removal of recognition and that the removal has effect from the 1st April following the sending of the notice; and
c
inform each member of the practice of —
i
the right to appeal to the Secretary of State against the removal of recognition, and
ii
except where recognition has not taken effect in accordance with regulation 5(2) of the Application Regulations, the consequences of the removal of recognition.
Removal of recognition with immediate effect
12
Where it appears to a relevant Regional Health Authority that it is necessary either —
a
in the interests of patients of members of the practice; or
b
for the purpose of ensuring the proper management of the allotted sum
that recognition should be removed under regulation 10(2) with immediate effect, the relevant Regional Health Authority shall remove recognition with immediate effect.
Procedure for removal of recognition with immediate effect
13
In the circumstances specified in regulation 12, the relevant Regional Health Authority shall —
a
send to each member of the practice notice of removal of recognition;
b
include in the notice a statement of the reasons for the removal of recognition; and
c
inform each member of the practice of —
i
the right to appeal to the Secretary of State against the removal of recognition, and
ii
the consequences of the removal of recognition.
Appeals to the Secretary of State
14
1
The members of a fund-holding practice or, where removal of recognition has taken effect, a former fund-holding practice, may appeal to the Secretary of State against the removal of recognition by the relevant Regional Health Authority.
2
Regulation 8(2) to (8) of the Application Regulations shall apply in relation to an appeal against removal of recognition as if —
a
a reference to the members of the practice were a reference to the members of a fund-holding practice or, where removal of recognition has taken effect, a former fund-holding practice;
b
a reference to a decision to refuse to grant a practice recognition as a fund-holding practice were to a decision to remove recognition as a fund-holding practice; and
c
for paragraph (8)(b) there were substituted the following paragraph —
b
determine the appeal in accordance with regulation 10 of the National Health Service (Fund-holding Practices) (General) Regulations 1991.
.
Consequences of removal
15
1
On the day on which removal of recognition takes effect, all the rights and liabilities of a fund-holding practice shall transfer to the relevant Regional Health Authority.
2
Subject to paragraph (3), on the day on which the removal of recognition takes effect, the fund-holding account shall be treated as having been opened by the relevant Regional Health Authority and that Authority may deal with the allotted sum or any part of it remaining in that account as though it were the fund-holding practice.
3
Where, on the day on which removal of recognition takes effect, there remains in the fund-holding account any part of the allotted sum which may be applied for the purposes specified in regulation 20 (savings from the allotted sum) the relevant Regional Health Authority shall apply that part of the allotted sum for such of those purposes as the former fund-holding practice may require.
PART V
Allotted Sum — Authorised Purposes
Payment for drugs, medicines and listed appliances
16
1
The members of a fund-holding practice shall pay to the relevant Regional Health Authority out of the allotted sum an amount determined in accordance with the following paragraphs of this regulation as the basic cost of the drugs, medicines and listed appliances supplied pursuant to orders given by or on behalf of members of the practice.
2
The amount referred to in paragraph (1) shall, subject to paragraph (7), be —
a
the price of the drugs, medicines or listed appliances calculated in accordance with paragraphs (3) and (4); minus
b
an amount representing a percentage of the price of the drug, medicine or listed appliance, calculated in accordance with paragraph (5), plus
c
except in the case of listed appliances supplied with, or in connection with, the supply of oxygen or drugs and medicines supplied in bulk, an amount representing the cost of the container or packaging in which the drug, medicine or listed appliance is supplied calculated in accordance with paragraph (6).
3
The price referred to in paragraph (2)(a) of a drug or medicine shall be —
a
where the name of the drug or medicine is listed in a list in the Drug Tariff which specifies a price for a specified quantity of that drug or medicine, the price so specified;
b
where the name of the drug or medicine is not so listed, the manufacturer’s list price.
4
The price referred to in paragraph (2)(a) of a listed appliance shall be the price of the appliance specified in the Drug Tariff.
5
The percentage referred to in paragraph (2)(b) shall be —
a
9.67 per cent. of the price of the drug, medicine or listed appliance where that drug, medicine or listed appliance has been supplied pursuant to an order given by or on behalf of a member of a fund-holding practice whose recognition has been granted by a Regional Health Authority; and
b
9.10 per cent. of the price of the drug, medicine or listed appliance where that drug, medicine or listed appliance has been supplied pursuant to an order given by or on behalf of a member of a fund-holding practice whose recognition has been granted by the Secretary of State.
6
The amount referred to in paragraph (2)(c) shall be 3.80 pence for each listed appliance and each quantity of a drug or medicine.
7
Where an amount calculated under paragraph 2(a), (b) or (c) is in any month not an exact number of pounds, any amount of fifty pence or more shall be rounded up to, and any amount less than fifty pence shall be rounded down to, the nearest whole pound.
8
In this regulation —
“the Drug Tariff” means the statement published under regulation 28 of the National Health Service (General Medical and Pharmaceutical Services) Regulations 1974 ;
“listed appliance” means an appliance which is included in a list for the time being approved by the Secretary of State for the purposes of section 41 of the 1977 Act.
“manufacturer’s list price” means the price which the manufacturer of a drug or medicine or his agent publishes as being the price of that drug or medicine;
“medicine” includes such chemical re-agents as are included in a list for the time being approved by the Secretary of State for the purposes of section 41 of the 1977 Act.
9
In this regulation, a drug or medicine is supplied in bulk when —
a
it is ordered by a member of a fund-holding practice for two or more patients of his;
b
those patients reside in a school or institution in which at least twenty persons reside;
c
the name of that school or institution is written on the order;
d
at least ten of the persons residing in the school or institution are patients of the member of the fund-holding practice ordering the drug or medicine.
Payment for goods and services
17
1
The members of a fund-holding practice may apply the allotted sum to the purchase of the goods and services, other than general medical services, referred to in paragraph (2) and shall apply the allotted sum to the purchase of such of those goods and services as are necessary for the proper treatment of patients of members of the practice.
2
The goods and services referred to in paragraph (1) shall be the goods and services specified in a list approved from time to time by the Secretary of State for the purposes of this regulation.
Limit on provision of goods and services
18
There shall be a limit of £5000 on the amount which may be spent out of an allotted sum on the provision of goods and services for any one individual, being a limit above which the cost of any goods and services for that individual in the financial year in question will fall to be met by the District Health Authority whose primary functions include the provision of goods and services (not necessarily the goods and services in question) to the individual concerned.
Payment of salaries
19
1
The members of a fund-holding practice may apply the allotted sum for the purpose of paying the salaries of those employees of members of the practice whose employment by a member of the practice began after the date on which the members of the practice were granted recognition as a fund-holding practice.
2
Where a Family Health Services Authority has, before the date on which the members of a fund-holding practice were granted recognition as a fund-holding practice, reimbursed a member of the practice in respect of a proportion of the salary of an employee of his, then the members of the fund-holding practice may apply the allotted sum for the purpose of paying, in respect of periods after that date, that proportion of the salary of that employee.
Savings from the allotted sum
20
Where the accounts for a financial year of members of a fund-holding practice have been audited in accordance with Part III of the Local Government Finance Act 1982 the members of a fund-holding practice may continue to apply any part of the allotted sum paid to them in respect of that financial year for the purposes specified in regulations 17 and 19 and, in addition, for a period of four years after the end of that financial year, for any one or more of the following purposes —
a
the purchase of material or equipment which —
i
can be used for the treatment of patients of the practice,
ii
enhances the comfort or convenience of patients of the practice,
iii
enables the practice to be managed more effectively and efficiently; or
b
the purchase of material or equipment relating to health education; or
c
the improvement of any premises from which the members of the practice carry on their practice whether by improving the structure of the premises or the purchase of furniture and furnishings for the premises.
PART VI
Transfer of Functions
Transfer of functions in England
21
1
With effect from 1st April 1991, the function of a Regional Health Authority under section 15(1) of the Act of being liable to pay a sum to the members of a fund-holding practice shall become the function of a Family Health Services Authority.
2
The Family Health Services Authority which is to exercise the function referred to in paragraph (1) in relation to the members of any existing fund-holding practice is the relevant Family Health Services Authority.
3
Section 15 of the Act shall have effect subject to the following modifications —
a
in subsection (1), for the words “Regional Health Authority” in both places where they occur, there shall be substituted the words “Family Health Services Authority”, and after the word “determined” there shall be inserted the words “by the relevant Regional Health Authority”; and
b
in subsection (4) —
i
in paragraph (a), for the words “Regional Health Authority” there shall be substituted the words “Family Health Services Authority which has a locality in England”,
ii
in paragraph (b), for the words “another Regional Health Authority” there shall be substituted the words “a Regional Health Authority which is not the relevant Regional Health Authority in respect of the members of the practice”, and
iii
for the words “other Authority” there shall be substituted the words “Regional Health Authority”.
Transfer of functions in Wales
22
1
With effect from 1st April 1991, the function of the Secretary of State under section 15(2) of being liable to pay a sum to the members of each fund-holding practice whose relevant Family Health Services Authority has a locality in Wales shall become the function of a Family Health Services Authority.
2
The Family Health Services Authority which is to exercise the function referred to in paragraph (1) in relation to the members of any existing fund-holding practice is the relevant Family Health Services Authority.
3
Section 15 of the Act shall have effect subject to the following modifications —
a
in subsection (2) —
i
for the words “the Secretary of State” in the first place where they occur there shall be substituted the words “every Family Health Services Authority which has a locality in Wales”,
ii
for the words “whose relevant Family Health Services Authority has a locality in Wales” there shall be substituted the words “in respect of whom it is the relevant Family Health Services Authority”, and
iii
after the word “determined” there shall be inserted the words “by the Secretary of State”, and
iv
for the words “the Secretary of State” in the second place where they occur there shall be substituted the word “he”; and
b
in subsection (5) —
i
for the words “the Secretary of State” in the first place where they occur there shall be substituted the words “a Family Health Services Authority which has a locality in Wales”,
ii
for the words “the Secretary of State” in the second place where they occur there shall be substituted the words “the Authority making the payment”, and
iii
for the words “that Authority” there shall be substituted the words “that Regional Health Authority”.
PART VII
Amendment of Regulations
Amendment of regulations
23
In regulation 3 of the Application Regulations (applications for recognition as a fund-holding practice), for paragraph (5) there is substituted the following paragraph —
5
Where at least one of the members of a practice wishing to make an application is on the medical list of a Health Board, section 14 of the Act shall operate subject to the modification that at the end of subsection (1) there shall be added the words “except, if at least one of those practitioners is also providing general medical services in accordance with arrangements under section 19 of the National Health Service (Scotland) Act 1978 , where more patients on the lists of members of the practice reside in Scotland than in England”.
William Waldegrave
Secretary of State for Health
8th March 1991
David Hunt
Secretary of State for Wales
8th March 1991


type: legislation

jurisdiction: UK

text:
1
These Regulations may be cited as the Goods Vehicles (Operators' Licences) (Temporary Use in Great Britain) (Amendment) Regulations 1991 and shall come into force on 1st January 1992.
2
The Goods Vehicles (Operators' Licences) (Temporary Use in Great Britain)Regulations 1980 shall be amended–
a
in regulation 11 (Exemptions and modification for Czechoslovak goods vehicles) by the substitution–
i
in paragraph (1)(a) of the words “Czech and Slovak Federal Republic” for the words “the Czechoslovak Socialist Republic”; and
ii
for paragraphs (2) and (3) of the following paragraph–
2
Section 60(1) of the Act shall not apply to the use in Great Britain of a Czechoslovak goods vehicle for the carriage of any goods.
b
in regulation 18 (Exemptions and modifications for Hungarian goods vehicles) by the substitution–
i
in paragraph (1)(a) of the words “the Republic of Hungary” for the words “the Hungarian People’s Republic”; and
ii
for paragraphs (2) to (4) of the following paragraph:–
2
Section 60(1) of the Act shall not apply to the use in Great Britain of an Hungarian goods vehicle for the carriage of any goods.
; and
c
in regulation 27 (Exemptions and modifications for Portuguese goods vehicle) by the substitution for paragraphs (2) to (4) of the following paragraph:–
2
Section 60(1) of the Act shall not apply to the use in Great Britain of a Portuguese goods vehicle for the carriage of any goods.
Signed by authority of theSecretary of State for Transport
Christopher Chope
Parliamentary Under Secretary of State,
Department of Transport
21st November 1991


text:
PART I
GENERAL
Citation and commencement
1
1
These Regulations may be cited as the Local Authorities (Members' Allowances) Regulations 1991.
2
This Part (except for regulation 3) and Parts II to IV of these Regulations shall come into force on 1st March 1991.
3
The remainder of these Regulations shall come into force on 1st April 1991.
Interpretation
2
In these Regulations–
“the 1972 Act ” means the Local Government Act 1972;
“the 1985 Act ” means the Local Government Act 1985 ;
“the 1989 Act ” means the Local Government and Housing Act 1989;
“joint authority” means an authority established under Part IV of the 1985 Act;
“year” means the 12 months ending with 31st March.
Prescribed bodies
3
The following bodies (being bodies on which a body to which sections 174 and 175 of the 1972 Act apply by virtue of section 177(1)(a) of that Act is represented) are prescribed pursuant to section 177(1)(b) of the 1972 Act–
a
a joint committee of two or more local authorities, whether appointed or established under Part VI of that Act or any other enactment;
b
a joint education committee established under paragraph 3 of Part IIof Schedule 1 to the Education Act 1944 ; and
c
the Cheshire Brine Subsidence Compensation Board.
Members of authorities to be treated as councillors
4
For the purposes of section 18 of the 1989 Act, a member of a joint authority who is appointed to that authority by a metropolitan district council, a London borough council, Northumberland County Council or the Common Council of the City of London shall be treated as if he were a councillor, and references in Parts II to IV to councillors shall be construed accordingly.
PART II
SCHEMES FOR MEMBERS' ALLOWANCES
Application of Part II and interpretation
5
1
This Part applies to–
a
any county council;
b
any district council;
c
any London borough council;
d
any joint authority; and
e
the Council of the Isles of Scilly.
2
For the purposes of this Part –
a
members of an authority are to be treated as divided into political groups if they are so treated for the purposes of section 15 (political balance on committees etc. ) of the 1989 Act; and “political group” shall be construed accordingly;
b
the term of office of a councillor who is a member of an authority specified in paragraph (1) other than a joint authority shall begin on the date on which he makes a declaration of acceptance of that office under section 83(1) of the 1972 Act .
Allowance schemes
6
1
Before 1st April 1991 each authority shall make a scheme in accordance with these Regulations for the payment of allowances in respect of the year commencing on that date and subsequent years.
2
When a scheme is revoked in accordance with regulation 7(1), an authority shall before the revocation takes effect make a further scheme for the period beginning with the date on which the revocation takes effect.
Amendment of schemes
7
1
A scheme under this Part may be amended at any time but may only be revoked with effect from the beginning of a year.
2
Where an amendment is to be made which affects an allowance payable for the year in which the amendment is made, the scheme shall provide–
a
if the amendment affects such an allowance as is mentioned in regulation 8 or 9, that in relation to each of the periods–
i
beginning with the year and ending with the day before that on which the first amendment in that year takes effect, and
ii
beginning with the day on which an amendment takes effect and ending with the day before that on which the next amendment takes effect, or (if none) with the year,
the entitlement to such an allowance shall be to payment of such part of the amount of the allowance under the scheme as it has effect during the relevant period as bears to the whole the same proportion as the number of days in the period bears to the number of days in the year;
b
if the amendment affects such an allowance as is mentioned in regulation 10, that the entitlement to such an allowance shall be to payment of the amount of the allowance under the scheme as it has effect when the duty is carried out.
Basic allowances
8
1
A scheme made under this Part shall provide for the payment for each year to which the scheme relates of an allowance (“basic allowance”) to each member of the authority who is a councillor; and the amount of such allowance shall be the same for each such member.
2
The scheme shall provide that, where the term of office of a member begins or ends otherwise than at the beginning or end of a year, his entitlement shall be to payment of such part of the basic allowance as bears to the whole the same proportion as the number of days during which his term of office as member and councillor subsists bears to the number of days in that year.
3
Where a scheme is amended as mentioned in paragraph (2) of regulation 7 and the term of office of a member who is a councillor does not subsist throughout the whole of a period mentioned in sub-paragraph (a) of that paragraph, the scheme shall provide that the entitlement of any such member under this regulation shall be to payment of such part of the basic allowance referable to each such period (ascertained in accordance with that sub-paragraph) as bears to the whole the same proportion as the number of days during which his term of office as member and councillor subsists in that period bears to the number of days in the period.
Special responsibility allowances
9
1
A scheme made under this Part shall provide, in accordance with paragraph (2), for the payment for each year to which that scheme relates of an allowance (“special responsibility allowance”) to such members of the authority who are councillors as have such special responsibilities in relation to the authority as are specified in the scheme and are within one or more of the following categories–
a
acting as leader or deputy leader of a political group within the authority;
b
presiding at meetings of a committee or a sub-committee of the authority, or a joint committee of the authority and one or more other authorities, or a subcommittee of such a joint committee;
c
representing the authority at meetings of, or arranged by, any other body;
d
membership of a committee or a sub-committee of the authority which meets with exceptional frequency or for exceptionally long periods;
e
acting as the spokesman of a political group on a committee or sub-committee of the authority;
f
such other activities in relation to the discharge of the authority’s functions as require of the member an amount of time and effort equal to or greater than would be required of him by any one of the activities mentioned in sub-paragraphs (a) to (e) (whether or not that activity is specified in the scheme).
2
The scheme shall–
a
specify the amount of each special responsibility allowance, which need not be the same; and
b
provide that, where–
i
members of an authority are divided into at least two groups constituted in accordance with regulation 8 of the Local Government (Committees and Political Groups) Regulations 1990 , and
ii
either a majority of members of the authority, or half of such members and the chairman of the authority, belong to the same political group (“the controlling group”),
a special responsibility allowance shall be paid to at least one person who is not a member of the controlling group and has special responsibilities described in paragraph (1)(a) or (e); and
c
provide that, where a member does not have throughout a year any such special responsibilities as entitle him to a special responsibility allowance, his entitlement shall be to payment of such part of that allowance as bears to the whole the same proportion as the number of days during which he has such special responsibilities bears to the number of days in that year; and
d
provide that, where a scheme is amended as mentioned in paragraph (2) of regulation 7 and a member does not have throughout the whole of any period mentioned in sub-paragraph (a) of that paragraph any such special responsibilities as entitle him to a special responsibility allowance, his entitlement shall be to payment of such part of the allowance referable to each such period (ascertained in accordance with that sub-paragraph) as bears to the whole the same proportion as the number of days in that period during which he has such special responsibilities bears to the number of days in the period.
Attendance allowances
10
1
Subject to paragraph (2), a scheme made under this Part may provide for the payment to each member of the authority who is a councillor of an allowance (“attendance allowance”) in respect of–
a
the carrying out of such of the duties referred to in paragraph (3) and not excluded by paragraph (4) as may be specified in the scheme; and
b
the time spent in travelling to and from the location at which any such duty so specified is performed.
2
A scheme made by the council of a metropolitan district or a London borough or the county of Northumberland shall not provide for the payment of an attendance allowance in respect of any duty carried out by a member of the authority who is a councillor in his capacity as that authority’s representative on a joint authority.
3
The duties referred to in this paragraph are attendance at–
a
a meeting of the authority or of any committee or sub-committee of the authority, or of any other body to which the authority makes appointments or nominations, or of any committee or sub-committee of such a body;
b
any other meeting the holding of which is authorised by the authority, or a committee or sub-committee of the authority, or a joint committee of the authority and one or more other authorities, or a sub-committee of such a joint committee, provided that–
i
where the authority is divided into two or more political groups, it is a meeting to which members of at least two such groups have been invited, or
ii
if the authority is not so divided, it is a meeting to which at least two members of the authority have been invited;
c
a meeting of any association of authorities of which the authority is a member.
4
The duties excluded by this paragraph are those in respect of which the member receives remuneration otherwise than under a scheme.
5
The amount of the attendance allowance shall be specified in the scheme and may vary according to the time of day and the duration of the duty; but shall be the same for all members of the authority entitled to the allowance in respect of a duty of any description at the same time of day and of the same duration.
6
The scheme shall provide that a member shall not be entitled to payment of an attendance allowance–
a
in respect of his attendance at any conference or meeting in relation to which he is entitled to a payment in the nature of an attendance allowance under section 175 of the 1972 Act ; or
b
if such payment would be contrary to a provision made by or under any enactment.
7
The scheme may provide that a member shall not be entitled to payment of more than one attendance allowance in respect of any period of 24 hours beginning at such time as the authority may determine.
PART III
SCHEMES – FINANCIAL RESTRICTIONS
Application of Part III and interpretation
11
1
This Part applies in relation to schemes made under Part II.
2
In this Part–
“standard maximum” means an amount equal to the product of–
the amount determined in relation to the authority by reference to the Table in the Schedule to these Regulations; and
the number of persons who may at the same time be councillors of the authority;
“relevant maximum” means, as respects a year, an amount equal to the standard maximum or, if greater, the transitional maximum;
“total estimated allowances” means the aggregate of the amounts estimated by the authority (at the time when a payment referred to in regulation 12(b), (d) or (e) is made) to be payable in relation to a year under a scheme and in the nature of an attendance allowance under section 175 of the 1972 Act; and for this purpose, any election under regulation 14 shall be disregarded;
“transitional maximum” means–
in relation to the year beginning 1st April 1991, an amount which is equal to the lesser of–
150% of the standard maximum; or,
97% of the aggregate of the amounts paid as respects the year ending 31st March 1990 to members of the authority who were councillors by way of allowances under section 173(1) (attendance allowance) , section 173A(1) (financial loss allowance) and section 177A (special responsibility allowance) of the 1972 Act or, to the extent that they were in the nature of those payable under section 173 of that Act, under section 175 (allowances for attending conferences and meetings) of that Act;
in relation to any subsequent year, 90% of the transitional maximum for the preceding year.
Financial restrictions
12
A scheme made under Part II shall provide that–
a
any payment under the scheme in relation to a year is conditional on the aggregate in relation to that year of amounts which the authority has paid out or is already liable to pay out under the scheme and in the nature of an attendance allowance under section 175 of the 1972 Act not exceeding such amount as is determined by applying the formula–
A + B - C ,
where–
A is the relevant maximum for that year;
B is an amount, if any, determined by the authority, being an amount no greater than 5– of A; and
C is an amount equal to the amount, if any, by which the aggregate of the amounts paid by the authority in respect of the year preceding that to which the scheme relates by way of allowances under section 18 of the 1989 Act exceeded the relevant maximum for that year;
b
any payment by way of basic allowance for a year is conditional on the aggregate amount which the authority has paid out or is already liable to pay out by way of basic allowance in relation to that year not exceeding 95% of total estimated allowances for that year;
c
any payment to a particular member by way of special responsibility allowance for a year is conditional on the aggregate amount which the authority has paid out or is already liable to pay out by way of special responsibility allowance in relation to that year to that member not exceeding £7,500;
d
any payment by way of special responsibility allowance for a year is conditional on the aggregate amount which the authority has paid out or is already liable to pay out by way of special responsiblity allowance in relation to that year not exceeding 25% of total estimated allowances for that year;
e
any payment by way of attendance allowance for a year is conditional on–
i
the aggregate amount which the authority has paid out or is already liable to pay out by way of attendance allowance in relation to that year not exceeding 70% of total estimated allowances for that year; and
ii
the aggregate amount which the authority has paid out or is already liable to pay out by way of attendance allowance and special responsibility allowance in relation to that year not exceeding 75% of total estimated allowances for that year; and
iii
the aggregate amount which the authority has paid out or is already liable to pay out by way of attendance allowance and basic allowance in relation to that year not exceeding 95% of total estimated allowances for that year.
PART IV
SCHEMES – FURTHER PROVISION
Amount of allowances etc.
13
A scheme under Part II shall specify in respect of any year to which it relates–
a
the amount of the entitlement by way of basic allowance;
b
the amount of the entitlement by way of special responsibility allowance; and where different amounts apply to different responsibilities, the amount applicable to each;
c
the rates applicable to payments by way of attendance allowance (where the scheme provides for that allowance).
Elections
14
A scheme under Part II shall provide that a member may, by notice in writing given to the proper officer of the authority, elect to forgo any part of his entitlement to an allowance under the scheme.
Claims and payments
15
1
A scheme under Part II shall provide that a claim for an attendance allowance under the scheme shall be made within two months of the date on which the duty in respect of which the entitlement to the allowance arises is carried out.
2
Nothing in paragraph (1) shall prevent an authority from making a payment where the allowance is not claimed within the period specified in the scheme.
3
A scheme under Part II may provide for payments of allowances to be made at such times as may be specified in it, and different times may be specified for different allowances.
PART V
OTHER ALLOWANCES
Definition of “approved duty”
16
For the purposes of sections 173 to 176 of the 1972 Act “approved duty” means–
a
any of the duties specified in regulation 10(3)(a) to (c); and
b
any other duty approved by the body, or any duty of a class so approved, for the purpose of, or in connection with, the discharge of the functions of the body, or of any of its committees or sub-committees.
Financial restrictions – allowances under section 175 of the 1972 Act
17
1
Any payment made in respect of any year by a county council, a district council, a London borough council, the Council of the Isles of Scilly or a joint authority of an allowance under section 175 of the 1972 Act in the nature of an attendance allowance to a member who is a councillor is conditional on the aggregate amount which the body in question has paid or is liable to pay for that year by way of such allowances and of allowances under a scheme made under Part II not exceeding the amount determined as mentioned in regulation 12(a).
2
In any case to which paragraph (1) does not apply, any payment of an allowance under section 175 of the 1972 Act in the nature of an attendance allowance shall not exceed £22.80 for any period not exceeding 24 hours; and for this purpose a period of 24 hours shall begin at 3am.
Financial restrictions – allowances under section 173 of the 1972 Act
18
1
The amount prescribed for the purpose of section 173(1) of the 1972 Act (attendance allowance) is £22.80 for any period not exceeding 24 hours; and for this purpose a period of 24 hours shall begin at 3am.
2
The amount prescribed for the purposes of sections 173(4) of the 1972 Act (financial loss allowance) is–
a
for a period not exceeding 4 hours, £19.25;
b
for a period exceeding 4 hours but not exceeding 24 hours, £38.50;
c
for a period exceeding 24 hours, the aggregate of £38.50 and such amount specified in sub-paragraph (a) or (b) as is appropriate to the number of hours by which the period exceeds 24 hours.
Bodies prescribed under section 177(1)
19
The following bodies are prescribed in accordance with section 177(1)(f) of the 1972 Act –
a
the Peak Park Joint Planning Board;
b
the Lake District Special Planning Board;
c
a combined police authority;
d
a joint education committee established under paragraph 3 of Part II of Schedule 1 to the Education Act 1944, of which the members are not all representatives of local authorities; and
e
the Cheshire Brine Subsidence Compensation Board.
PART VI
ADMINISTRATIVE ARRANGEMENTS
Avoidance of duplication
20
A claim for an attendance allowance under the scheme or an allowance under any provision in sections 173 to 176 of the 1972 Act shall include, or be accompanied by, a statement signed by the claimant that he has not made and will not make any other claim in respect of the matter to which his claim relates.
21
No payment shall be made to a person under any provision of sections 173 to 176 of the 1972 Act in respect of a matter as regards which a payment has been made to him pursuant to any provision of a scheme under Part II.
22
1
A person who, in a period mentioned in regulation 18,–
a
performs an approved duty or approved duties as a member of more than one body;
b
performs two or more approved duties for the same body; or
c
is entitled to an allowance under section 173 of the 1972 Act and to a payment of a comparable allowance under any other enactment
shall not be entitled to payments under that section which in total exceed the amount prescribed by regulation 18 for that period.
2
A body paying an allowance under section 173 of the 1972 Act to a person for an approved duty as described in paragraph (1) may reduce the amount of that allowance by the amount of any other allowance under section 173 or any comparable allowance under any enactment paid by another body.
Paying allowances
23
A payment under section 173 or 174 of the 1972 Act shall be made by the body for which the relevant approved duty was performed, except as provided for in regulations 24 and 25.
24
Where a member of a body, who has been appointed by that body to some other body, performs an approved duty for that other body, and that other body is–
a
a joint committee of two or more local authorities, whether appointed or established under Part VI of the 1972 Act or any other enactment;
b
a joint board or other combined body, all the members of which are representatives of local authorities; or
c
a body mentioned in regulation 19
either body may make a payment under section 173 or 174 of the 1972 Act.
25
An allowance payable under section 173(4) or 174 of the 1972 Act to a member of an appeal committee constituted under paragraph 2 or 3 of Schedule 2 to the Education Act 1980 shall be paid by the local education authority which maintains the school or schools in relation to which the committee is constituted.
Records of allowances
26
1
Every authority shall keep a record of the payments made by it in accordance with any scheme made pursuant to these Regulations.
2
Every authority, body or council shall keep a record of the payments made by it by virtue of any provision of sections 173 to 176 of the 1972 Act.
3
A record kept pursuant to either of the preceding paragraphs shall specify the name of the recipient and the amount and nature of each payment.
4
Any such record shall be available, at all reasonable times, for inspection (free of charge)–
a
where it is kept by a local authority within the meaning of section 270(1) of the 1972 Act or a joint authority, by any local government elector (within the meaning of that section) for the area of that authority;
b
where it is kept by any other body, by any such local government elector of any such local authority in whose area the body operates.
5
A person entitled to inspect a record under paragraph (4) may make a copy of any part of it.
PART VII
REVOCATIONS AND SAVINGS
Revocations and savings
27
1
Subject to paragraph (2), the Local Government (Allowances) Regulations 1986, the Local Government (Allowances) (Amendment) Regulations 1987, the Local Government (Allowances) (Amendment) Regulations 1988 and the Local Government (Allowances) (Amendment) Regulations 1989 are revoked.
2
The Regulations mentioned in paragraph (1) shall continue to have effect without prejudice to section 16 of the Interpretation Act 1978 , in relation to claims made for allowances or other payments in respect of duties performed before 1st April 1991.
Michael Heseltine
Secretary of State for the Environment
28th February 1991
David Hunt
Secretary of State for Wales
28th February 1991


text:
1
This Order may be cited as the Protection of Wrecks (Designation No.1) Order 1991 and shall come into force on 3rd May 1991.
2
1
The site where a vessel lies, or is supposed to lie, wrecked on orin the sea bed and in respect of which this Order is made is in positionLatitude 50°18".41 North, Longitude 03°57".19 West.
2
The area within a distance of 250 metres of that position, butexcluding any part of that area which lies above the high-water mark ofordinary spring tides, shall be a restricted area for the purposes ofthe Protection of Wrecks Act 1973.
Michael Heseltine
Secretary of State for the Environment
1st May 1991


text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Tests) (Amendment) (No. 4) Regulations 1991 and shall come into force —
a
for the purposes of regulations 9 and 10 on 1st January 1992;
b
for the purposes of regulation 11 on 1st January 1993;
c
for all other purposes, on 1st November 1991.
2
Introduction
The Motor Vehicles (Tests) Regulations 1981 shall be further amended in accordance with the provisions of these Regulations.
Amendments coming into force on 1st November 1991
3
In regulation 11(1)(a) there shall be omitted the words “, inspection reports, inspection cards”.
4
In regulation 13 —
a
the word “and” immediately following paragraph (d) shall be omitted;
b
after paragraph (e) there shall be added the word “and”; and
c
at the end there shall be added —
f
in the case of a Class VI vehicle —
i
the vehicle is not submitted for examination at the time and date fixed for the examination; or
ii
the driver of the vehicle is requested to remain in it or its vicinity throughout the examination, to drive it, to operate its controls, to remove or refit its panels or to open or close its doors and he declines to do so.
.
5
In regulation 15 —
a
in paragraph (1)(b) there shall be inserted after “test certificate” the word “stating the grounds thereof”; and
b
in paragraph (3) —
i
in sub-paragraph (a) the words from “and shall contain” to the end shall be omitted; and
ii
in sub-paragraph (b) the words from “and shall contain” to the end shall be omitted.
6
In regulation 18(6)(a) for the words “and contain the same particulars as are appropriate” there shall be substituted “as is appropriate”.
7
In regulation 20 —
a
in paragraph (5) “, (3)(b)” shall be omitted; and
b
in paragraph (7) for sub-paragraphs (a) and (b) there shall be substituted —
a
the vehicle is re-examined before the end of the next day following an earlier examination of it being a day on which the Secretary of State will accept vehicles for examinination;
b
the person who re-examines the vehicle on behalf of the Secretary of State was already at the premises at which the re-examination occurs for the purpose of carrying out an examination on another vehicle;
.
8
In regulation 23 —
a
in paragraph (1)(b) —
i
for “the Goods Vehicle Centre ( PSV Section)” there shall be substituted “the PSV Centre”; and
ii
at the end there shall be added “or at any goods vehicle testing station”; and
b
in paragraph (2) in the proviso —
i
the words “either the serial number of the original certificate or” shall be omitted; and
ii
for “paragraph (1)(d)” there shall be substituted “paragraph (1)(a)(iv)”.
Amendments coming into force on 1st January 1992
9
For regulation 4(2) there shall be substituted —
2
The prescribed statutory requirements for the purposes of section 45(1) of the Road Traffic Act 1988 are in relation to any vehicle in a Class specified in an item in column 2 of the Table the requirements specified in that item in column 3 of the Table, and in these Regulations those requirements are referred to as “the prescribed statutory requirements”.
TABLE
(1) Item (2) Class (3) Requirements
1 I and II Paragraph 1 of Schedule 2 2 III Paragraph 2 of Schedule 2 3 IV Paragraph 3 of Schedule 2 4 V Paragraph 4 of Schedule 2 5 VI Paragraph 5 of Schedule 2 6 VII Paragraph 6 of Schedule 2
10
For Schedule 2 there shall be substituted the Schedule set out in Schedule 1 to these Regulations.
Amendment to Schedule 2 coming into force on 1st January 1993
11
For Schedule 2 as substituted by regulation 10 above there shall be substituted the Schedule set out in Schedule 2 to these Regulations.
Signed by the authority of the Secretary of State for Transport
Christopher Chope
Parliamentary Under Secretary of State,
Department of Transport
7th October 1991


text:
1
These Regulations may be cited as the Community Drivers' Hours (Passenger and Goods Vehicles) (Temporary Exception) Regulations 1991 and shall come into force on 9th February 1991.
2
Pursuant to Article 13(2) of Council Regulation ( EEC ) No. 3820/85 of 20th December 1985 on the harmonisation of certain social legislation relating to road transport until 8th March 1991 that Regulation shall apply to transport operations to which it applies with the exception of Articles 6, 8 and 9.
Signed by authority of the Secretary of State for Transport
Roger Freeman
Minister for Public Transport,
Department of Transport
8th February 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Optimum Health Services National Health Service Trust (Establishment) Order 1991 and shall come into force on 1st November 1991.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of or Schedule 1 to the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 1st November 1991;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Optimum Health Services National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Optimum Health Services National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to manage community health services provided from Elizabeth Blackwell House, Wardells Grove, Avonley Road, London SE14 5ER.
Directors of the trust
4
The trust shall have, in addition to the chairman 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1992.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Lewisham and North Southwark 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 Lewisham and North Southwark 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 Lewisham and North Southwark Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Virginia Bottomley
Minister of State,
Department of Health
21st October 1991


text:
1
This Order may be cited as the Public Telecommunications System Designation (Cable Communications (Liverpool) Limited) Order 1991 and shall come into force on 21st February 1991.
2
Each of the Applicable Cabled Systems is hereby designated as a public telecommunication system.
John Redwood
Minister of State
Department of Trade and Industry
14th January 1991


text:
Citation and commencement
1
These Regulations may be cited as the Domestic Property (Valuation)(Amendment) Regulations 1991 and shall come into force on 16th December 1991.
Basis of valuation
2
Regulation 2 of the Domestic Property (Valuation) Regulations 1991 is hereby amended–
a
in paragraph (5) by the omission of the definition of “state of reasonable repair”; and
b
by the insertion after paragraph (5) of the following paragraph–
6
In determining what is “reasonable repair” in relation to a property for the purposes of paragraph (1), the age and character of the property and its locality shall be taken into account.
.
Signed by authority of the Secretary of State for the Environment
Michael Portillo
Minister of State,
Department of the Environment
12th December 1991
David Hunt
Secretary of State for Wales
12 December 1991


text:
Citation
1
This Order may be cited as the Children Act 1989 (Commencement andTransitional Provisions) Order 1991.
Interpretation
2
In this Order“ the Act ” means the Children Act 1989.
Commencement
3
1
Paragraph 21 of Schedule 10 to the Act (adoption contact register)and section 88(1) of the Act so far as it relates to that paragraphshall come into force on 1st May 1991.
2
All provisions of the Act which are not by then already in forceshall come into force on 14th October 1991.
Modifications of transitional provisions
4
Schedule 14 to the Act shall have effect from 14th October 1991subject to the additions and modifications set out in the Schedule tothis Order.
William Waldegrave
Secretary of State for Health
25th March 1991


text:
Citation and commencement
1
These Regulations may be cited as the Houses in Multiple Occupation(Charges for Registration Schemes) Regulations 1991 and shall come intoforce on the twenty-first day after the day on which they are made.
Interpretation and application
2
1
In these Regulations —
“ the Act ” means the Housing Act 1985 ;
“control provisions”,“local housing authority” and“registration scheme” have the same meanings as in Part XI of the Act;
“house” means a house in multiple occupation within the meaning of thatPart or, as the circumstances of the case require, a building or part ofa building intended to be used as such a house.
2
These Regulations do not apply as regards houses —
a
in respect of which registration is required under theRegistered Homes Act 1984 ; or
b
which are owned or managed by a registered housing association,within the meaning of the Housing Associations Act 1985 .
Power to charge in respect of registration schemes for houses inmultiple occupation
3
1
A local housing authority may impose a charge in respect of theirdealing with —
a
a notification regarding a house as mentioned in section346(3)(b) and (c) of the Act in pursuance of a registration scheme, or
b
an application for the registration, or the variation of theregistration, of a house in pursuance of control provisions contained insuch a scheme.
2
A charge imposed under these Regulations is payable by the personmaking the notification or applying for the registration (or thevariation of the registration), as the case may be.
Amount of charge
4
1
Subject to paragraph (2), the amount of a charge is to be at thelocal housing authority’s discretion, and in determining that amount theauthority may have regard to, and include an element for, their costs ofestablishing the registration scheme and maintaining the registerconcerned, insofar as such costs are incurred on or after the day theseRegulations come into force.
2
The amount of a charge is subject to a maximum amountof —
a
in the case of a notification, £40, and
b
in the case of an application, £30 multiplied by thenumber of rooms in the house available as sleeping accommodation;
and, for the purpose of sub-paragraph (b), a room is available assleeping accommodation if it is of a type normally used in the localityeither as a living room or a bedroom.
Michael Heseltine
Secretary of State for the Environment
9th April 1991
David Hunt
Secretary of State for Wales
9th April 1991


text:
Citation and commencement
1
This Order may be cited as the Mortgage Indemnities (Recognised Bodies) Order 1991 and shall come into force on 30th September 1991.
Specified Bodies
2
The following bodies are hereby specified as recognised bodies for the purposes of sections 442 and 443 of the Housing Act 1985 (agreements to indemnify mortgagees and contributions to mortgage costs):
a
Barshelfco ( No. 15) Limited;
b
Barshelfco (No. 16) Limited;
c
Finance for Mortgages Limited;
d
Mortgage Services Funding plc;
e
Mortgage Services Limited;
f
Norwich Union Mortgage Finance Ltd;
g
Scotlife Home Loans (No.2) Limited;
h
The Mortgage Business Public Limited Company;
i
Universal Credit Limited.
Signed by authority of the Secretary of State for the Environment
G. S. K. Young
Minister of State,
Department of the Environment
28th August 1991
We consent,
Sydney Chapman
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
9th September 1991


text:
PART I
Citation, commencement and interpretation
1
1
These Rules may be cited as the land Registration (Open Register) Rules 1991 and shall come into force on 30th March 1992.
2
In these Rules, unless the context requires:
“ The Act ” means the Land Registration Act 1925;
“caution title” means:
the document prepared by the registrar which records, under a distinguishing number, details of any caution against first registration lodged under section 53 of the Act and of the statutory declaration in support of that caution; and
the plan, referred to in that document, prepared by the registrar, showing the extent of the land effected by the caution;
“credit account” means an account authorised by the registrar under article 15(1) of the Land Registration Fees Order 1991 ;
“designated plan” means a plan which is a copy or extract from the Ordnance Map at the largest scale published for the area in which the land to which it relates is situated, such plan to have a length no greater than 297 mm and a width no greater than 210 mm (A4 paper size);
“Index Map section” means the document or documents comprising a single section of the index Maps maintained by the registrar under rule 8 of the principal rules , and the associated Parcels Index (if any) maintained by the registrar under rule 274 of the principal rules;
“the 1990 Rules ” means the Land Registration Rules 1990 ;
“the principal rules” means the Land Registration Rules 1925 ;
“proper office” means the district land registry designated as the proper office by article 2(2) of the Land Registgration (District Registries) Order 1991 ;
“title plan” means the filed plan or portion of the General Map referred to in the register of a registered title.
3
Except in rule 15, a form referred to by a number means the form so numbered in Schedule 1.
4
Expressions used in these rules have, unless the contrary intention appears, the meaning which they bear in the principal rules.
PART II
APPLICATIONS RELATING TO REGISTERED TITLES
Application for office copies of the register or the title plan or for a certificate of inspection of the title plan
2
1
Any person may apply for:
a
an office copy of the entries on the register of a registered title;
b
an office copy of the title plan of a registered title;
c
a certificate of inspection of the title plan of a registered title.
2
Save as provided by rule 6(2), an application under paragraph (1) shall be made:
a
by delivering in documentary form an application in Form 109; or
b
by delivering the application, during the currency of any relevant notice given pursuant to rule 13, and subject to and in accordance with the limitations contained in that notice, by any means of communication, other than that referred to in sub-paragraph (a), and:
i
where the application is made by facsimile transmission the applicant shall provide Form 109 together with, when the application is for a certificate of the title plan and no estate plan has been approved, a designated plan of the land in respect of which the certificate is to be issued; and
ii
in any other case the applicant shall provide, in such order as may be required by that notice and, in the case of delivery by telephone, in such order as may be requested by the registrar, such particulars as are appropriate and are required for an application in Form 109.
Application for office copies of documents referred to in the register
3
1
Any person may apply for an office copy of a document referred to in the register of a registered title which is in the custody of the registrar (not being a lease or charge or a copy of a lease or charge).
2
Save as provided by rule 6(2), an application under paragraph (1) shall be made;
a
by delivering in documentary form an application in Form 110; or
b
by delivering the application, during the currency of any relevant notice given pursuant to rule 13, and subject to and in accordance with the limitations contained in that notice, by any means of communication other than that referred to in sub-paragraph (a), and:
i
where the application is made by facsimile transmission the applicant shall provide Form 110; and
ii
in any other case the applicant shall provide, in such order as may be required by that notice and, in the case of delivery by telephone, in such order as may be requested by the registrar, such particulars as are appropriate and are required for an application in Form 110.
Inspection of the register, title plan and documents referred to in the register
4
Save as provided by rule 6(2), an application for a personal inspection of:
a
the entries on the register of a registered title;
b
the title plan of a registered title;
c
a document referred to in the rigister of a registered title which is in the custody of the registrar (not being a lease or charge or a copy of a lease or charge);
shall be in Form 111.
Official certificate of inspection of title plan
5
1
Where a person has applied under these rules for a certificate of inspection of the title plan, upon completion of the inspection an official certificate of inspection shall be issued.
2
The official certificate of inspection shall be in Form 102 or to like effect.
3
An official certificate of inspection of the title plan made pursuant to an application under these rules shall be regarded as an official search for the purposes of section 83(3) of the Act and rule 295 of the principal rules.
Inspection in connection with criminal proceedings, receivership under certain Acts and insolvency
6
1
If a person referred to in column 1 of Part 1 or Part 2 of Schedule 2:
a
applies in Form 112A or 112B whichever is appropriate to make an inspection under this rule in relation to a person specified in the application or to a property so specified; and
b
gives the registrar the apropriate certificate (completed to contain all particulars required) referred to in column 2 of the said Schedule;
the registrar shall permit him to inspect and to obtain copies of and extracts from any document falling within section 112(2) of the Act and shall, if so requested (and not withstanding rule 9 of the principal rules), provide him with the result of a search of the index of proprietors' names pursuant to the application.
2
Where a person applies under paragraph (1) he may apply in Form 112A or 112B whichever is appropriate for inspection of or office copies of: the entries on the register of a registered title, the title plan of a registered title, a document referred to in the register of a registered title which is in the custody of the registrar or a caution title.
3
An application under this rule shall be delivered to such office of the Registry as the registrar may direct.
4
During the currency of any relevant notice given pursuant to rule 13, and subject to and in accordance with the limitations contained in that notice, any application under this rule may be made by facsimile transmission.
5
In Schedle 2:
a
reference to senior executive officers include references to equivalent departmental grades;
b
references to an official receiver are references to an official receiver for the purpse of the Insolvency Act 1986 or the Companies Act 1985 or a person acting as a deputy to such an official receiver;
c
references to a trustee in bankruptcy are references to a trustee in bankruptcy of a person adjudged bankrupt in England and Wales or Northern ireland or to a permanent or interim trustee in the sequestration of a debtor’s estate in Scotland;
d
references to the official assignee are references to the Official Assignee for bankruptcy for Northern Ireland or the Official Assignee for company liquidations for Northern Ireland; and
e
references to a liquidator or administrator are respectively references to a liquidator or administrator appointed for the purposes of the Insolvency Act 1986.
Inspection under a court order
7
In any case where a court (having power to do so) has ordered that a person may inspect and make copies of any document falling within section 112(2) of the Act, that person shall give to the registrar a document certified by the proper officer of the court to be a true copy of such order.
PART III
Application for office copies of a caution title
8
1
Any person may apply for an office copy of a caution title.
2
Save as provided by rule 6(2), an application under paragraph (1) shall be made:
a
by delivering in documentary form an application in Form 110A; or
b
by delivering the application, during the currency of any relevant notice given pursuant to rule 13, and subject to and in accordance with the limitations contained in that notice, by any means of communication, other than that referred to in sub-paragraph (a), and:
i
where the application is made by facsimile transmission the applicant shall provide Form 110A; and
ii
in any other case the applicant shall provide, in such order as may be required by that notice and, in the case of delivery by telephone, in such order as may be requested by the registrar, such particulars as are appropriate and are required for an application in Form 110A.
3
An office copy shall be issued without reference to any application or matter which may affect the subsistence of the caution agains first registration records in the relevant caution title.
PART IV
OFFICIAL SERCHES OF AN COPIES OF THE INDEX MAP
Application for an issue of Official Certificate of Search of Index Map
9
1
Any person may apply for an official search of the Index Map or General Map and the Parcel Index and the list of pending applications for first registration kept under rule 10 of the principal rules.
2
An application under paragraph (1) shall be made:
a
by delivering in documentary form an application in Form 96; or
b
by delivering the application, during the currency of any relevant notice given pursuant to rule 13, and subject to and in accordance with the limitations contained in that notice, by any means of communication, other than that referred to in sub-paragraph (a), and;
i
where the application is made by facsimile transmission the applicant shall provide Form 96; and
ii
in any other case the applicant shall provide, in such order as may be required by that notice and, in the case of delivery by telephone, in such order as may be requested by the registrar, such particulars as are appropriate and are required for an application in Form 96.
3
If the registrar shall so require, an applicamt shall provide to the registrar a copy or extract from the Ordnance Map on the largest scale published of the land to which the application relates.
4
If the application is in order an official certificate of search shall be issued.
5
An official certificate of search shall be issued in the form set out under the heading “Certificate of result of Official Search of the Index Map” in Form 96 or to like effect.
Application for copies of Index Map sections
10
1
Any person may apply for a copy of an Index Map section.
2
An application under paragraph (1) shall be made by delivering in documentary form an application in Form 96B.
3
A copy of an Index Map section provided by the registrar under this rule shall not constitute an office copy or extract for the purpose of section 113 of the Act or an oficial search for the purpose of section 83(3) of the Act or an official certificate of the result of a search for the purpose of rule 295 of the principal rules.
PART V
Office to which application is to be delivered
11
Subject to rule 6(3), an application made under these rules shall be delivered to the proper office.
Separate applications for each title required in certain cases
12
1
A separate application shall be delivered in respect of each registered title if the application is for:
a
office copies of the register or the title plan or for a certificate of inspection of the title plan made under rule 2;
b
office copies of documents referred to in the register made under rule 3;
c
inspection of the register, the title plan and documents referred to in the register made under rule 4;
2
Where and application is made under rule 2 and the property described in accordance with panel 2 of Form 109 is registered under more than one title number, but the applicant fails to provide a title number or the title number provided does not relate to any part of the property described in accordance with panel 2 of that form, the registrar may:
a
deal with the application as though it referred only to such one of the title numbers under which the property or any part is registered as he shall choose, in which case in respect of the remaining title number or numbers there shall be deemed to have been no application; or
b
accept such application and if he does so it shall be deemed to be a separate application in respect of each title revealed; or
c
cancel the application.
3
Where an application is made under rule 8, a separate application shall be delivered in respect of each caution title.
Notice for the provision of additional arrangements for applications
13
1
If the registrar is satisfied that adequate arrangements have been or will be made for dealing with the applications specified in paragraph (4) in accordance with this rule, he may, in such manner as he considers appropriate for informing persons who may wish to make applications under these rules, give notice to that effect specifying the class or classes of case covered by those arrangements; and such a notice may in particular, but without prejudice to the generality of the foregoing provision, specify the class or classes of case so covered by limiting them:
a
to one or more of the types of application mentined in paragraph (4);
b
to applications made by a person maintaining a credit account;
c
to applications which relate to land within specified counties, districts, London Boroughs or other administrative areas;
d
to applications made between specified hours and on specified days (which need not be those between or on which the Registry is open to the public and may be different for applications of different types;
e
to delivery of applications by one or more means of communication;
f
when an application is made by facsimile transmission in Form 96 and refers to land shown on an accompanying plan, to any such application which is accompanied by a designated plan;
g
when an application is made under rule 2(2)(b) or 3(2)(b) to an application which states the relevant title number;
h
when an application is made under rule 8(2)(b), to an application which states the relevant distinguishing number of the caution title;
i
when an application is made for a certificate of inspection of the title plan of a registered title under rule 2(2)(b)(ii) to an application which provides the relevant plot number on the estate plan;
j
when an application is made under rule 9(2)(b)(ii) to an application which does not require a plan to identify the land to which the application relates.
2
Subject to paragraph (3), a notice given pursuant to paragraph (1) shall be current from the time specified in that behalf in the notice; and either:
a
until the time, if any, specified in that behalf in the notice; or
b
if no time of ceasing to be current is specified in the notice, indefinitely.
3
A notice given pursuant to paragraph (1) may from time to time be varied, suspended, withdrawn, renewed or replaced by a further notice.
4
The applications referred to in paragraph (1) are:
a
an application for office copies of the register or the title plan or for a certificate of inspection of the title plan made under rule 2(2)(b);
b
an application for the office copies of documents referred to in the register made under rule 3(2)(b);
c
an application for information or office copies made under rule 6(4);
d
an application for an office copy of a caution title made under rule 8(2)(b);
e
an application for an official certificate of search of the Index Map made under rule 9(2)(b).
5
Notwithstanding the provisions of rules 2(2)(b), 3(2)(b), 6(4), 8(2)(b) and 9(2)(b), the registrar may in his discretion refuse to accept an application made under any of those provisions in any individual case.
Certain applications not to be made by facsimile transmission
14
No application may be made by facsimile transmission under the principal rules; and no application may be so made under the Land Registration (Matrimonial Homes) Rules 1990 .
Revocation
15
1
Rule 70 of the principal rules, and rules 3, 4 and 5 of, and Form 96 and Form 96A in the Schedule to, the 1990 Rules are revoked.
2
The Land Registration (Open Register) Rules 1990 are revoked.
Mackay of Clashfern, C.
Dated 18th september 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the South Warwickshire Health Care National Health Service Trust (Establishment) Order 1991 and shall come into force on 1st November 1991.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of or Schedule 1 to the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 1st November 1991;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the South Warwickshire Health Care 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 South Warwickshire Health Care National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at Community Health Offices, Alcester Road, Stratford-upon-Avon CV37 6PW and associated hospitals;
b
to manage community health services provided from Community Health Offices, Alcester Road, Stratford-upon-Avon CV37 6PW and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1992.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The South Warwickshire 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 South Warwickshire 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 South Warwickshire Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Stephen Dorrell
Parliamentary Under Secretary of State,
Department of Health
21st October 1991


text:
1
These Regulations may be cited as the Dartford-Thurrock Crossing (Amendment) Regulations 1991 and shall come into force on 1st September 1991.
2
The Dartford-Thurrock Crossing Regulations 1989 shall be amended in accordance with the following provisions of these Regulations.
3
For regulation 2 there shall be substituted the following–
2
1
No person shall, except with the permission of the crossing operator, take or cause or permit to be taken–
a
into the tunnels any vehicle which exceeds any of the dimensions or weights set out in column (1) of the table below;
b
onto the bridge any vehicle which exceeds any of the dimensions or weights set out in column (2) of the table below.
(1) (2)
Overall height 4.87 metres no restriction Overall length 18.3 metres 27.4 metres Overall width 2.75 metres 3.65 metres Total weight 38,000 kilograms 38,000 kilograms Axle weight 11,180 kilograms 11,180 kilograms Wheel weight 5.090 kilograms 5.090 kilograms
2
In paragraph (1) above references to a vehicle shall be taken to include any load carried and any trailer drawn by the vehicle.
.
4
For regulation 5 there shall be substituted the following–
5
1
The driver of a vehicle, or a person on his behalf, shall pay to the crossing operator, in addition to any toll payable for the use of the crossing by that vehicle–
a
for the use of the tunnels by that vehicle, a charge as set out in Part I of the table below;
b
for the use of the bridge by that vehicle, a charge as set out in Part II of the table below.
PART I
Time of Commencement of Passage Charge in £
Overall width Greater than 2.75 metres but less than or equal to 6.1 metres Passage commencing after 06.00 hours and before 22.00 hours £33 Greater than 2.75 metres but less than or equal to 6.1 metres Passage commencing on or after 22.00 hours and on or before 06.00 hours £16 Greater than 6.1 metres At any time £150 Overall length Greater than 18.3 metres but less than or equal to 27.4 metres Passage commencing after 06.00 hours and before 22.00 hours £33 Greater than 18.3 metres but less than or equal to 27.4 metres Passage commencing on or after 22.00 hours and on or before 06.00 hours £16 Greater than 27.4 metres At any time £150 Total weight of vehicle Greater than 150,000 kilograms At any time £150
PART II
Overall width Greater than 3.65 metres but less than or equal to 6.1 metres Passage commencing after 06.00 hours and before 22.00 hours £33 Greater than 3.65 metres but less than or equal to 6.1 metres Passage commencing on or after 22.00 hours and on or before 06.00 hours £16 Greater than 6.1 metres At any time £150 Overall length Greater than 27.4 metres At any time £150 Total weight of vehicle Greater than 150,000 kilograms At any time £150
2
Where the overall width and overall length, or one or both of these and the total weight, of a vehicle each renders a person liable to pay a charge, then that person shall be liable to pay one charge only, which shall be the highest or the jointhighest of the charges prescribed in respect of that vehicle in the table in paragraph (1) above.
3
In this regulation references to a vehicle shall be taken to include any load carried and any trailer drawn by the vehicle.
5
In regulation 6 (Dangerous goods) in paragraph (1) for the words “5th edition issued in 1989” there shall be substituted “6th edition issued in 1991” .
6
In regulation 12(1), for the table there set out there shall be substituted the table below.
(1) (2) Minimum Charge Additional Charge
Motor cycles and combinations £8 £3 Vehicles with two axles – if a tow is given by a large break-down vehicle £46 £15 in any other case £27 £9 Vehicles with more than two axles £92 £30
Signed by authority of the Secretary of State for Transport
Christopher Chope
Parliamentary Under Secretary of State,
Department of Transport
1st August 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the St Mary’s National Health Service Trust (Establishment) Order 1991 and shall come into force on 1st November 1991.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 1st November 1991;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the St Mary’s National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the St Mary’s National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to own and manage hospital accommodation and services provided at St Mary’s Hospital, Praed Street, London, W2 1NY and associated hospitals including the management of its teaching and research facilities.
Directors of the trust
4
1
The trust shall have, in addition to the chairman 5 non-executive directors and 5 executive directors.
2
Since the trust is to be regarded as having a significant teaching commitment within the meaning of paragaph 3(1)(d) of Schedule 2 to the Act one of the non-executive directors shall be appointed from St Mary’s Medical School.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1993.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Parkside 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 Parkside 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 Parkside Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health.
Virginia Bottomley
Minister of State,
Department of Health
21st October 1991


text:
1
This Order may be cited as the Public Telecommunication System Designation (Cable Communications (St Helens and Knowsley) Limited) Order 1991 and shall come into force on 11th March 1991.
2
Each of the Applicable Cabled Systems is hereby dsignated as a public telecommunication system.
John Redwood
Minister of State,
Department of Trade and Industry
5th February 1991