text:
Citation, commencement and extent
1
1
These Regulations, which may be cited as the Highlands and Islands Rural Enterprise Programme Regulations 1991, shall come into force on 11th April 1991.
2
These Regulations shall apply to the area of Scotland comprising —
a
the Highland Region, Western Isles Island area; Orkney Islands area; Shetland Islands area; Argyll and Bute District; Arran, Great Cumbrae and Little Cumbrae in Cunninghame District; and
b
in the Moray District, the Parishes of Aberlour, Cabrach, Dallas, Dyke, Edinkillie, Forres, Inveravon, Kinloss, Kirkmichael, Knockando, Mortlach, Rafford and Rothes.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“agriculture” includes horticulture, fruit growing, seed growing, dairy farming, livestock breeding, the use of land as grazing land, meadow land, osier land, and the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes and “agricultural” shall be construed accordingly;
“agricultural holding” means an agricultural holding as defined in section 1 of the Agricultural Holdings (Scotland) Act 1949 ;
“agricultural unit” means a croft, agricultural holding or smallholding within the programme area;
“apportioned land” means land formerly part of common grazings apportioned by the Crofters Commission under section 27(3) and (4) of the Crofters (Scotland) Act 1955 for the exclusive use of a crofter;
“approved” means approved by the Secretary of State in writing and “approve” and “approval” shall be construed accordingly;
“Business Development Scheme” means the scheme to assist the development or expansion of any economic measure of the type set out in the Schedules to these Regulations on or related to the agricultural unit;
“ Commission Decision ” means the Commission Decision of 18th March 1991 approving the rural enterprise programme ;
“Community assistance” means assistance from the Guidance Section of the European Agricultural Guarantee and Guidance Fund payable in accordance with Council Regulations ;
“Council Regulations” means —
Council Regulation ( EEC ) No 2052/88 of 24th June 1988 on the tasks of the Structural Funds and their effectiveness and on co-ordination of their activities between themselves and with the operation of the European Investment Bank and other existing financial instruments;
Council Regulation (EEC) No 4253/88 of 19th December 1988 laying down provisions for implementing Regulation (EEC) No 2052/88 as regards co-ordination of the activities of the different Structural Funds between themselves and with the operations of the European Investment Bank and the other existing financial instruments; and
Council Regulation (EEC) No 4256/88 of 19th December 1988 laying down provisions for implementing Council Regulation (EEC) No 2052/88 as regards the EAGGF Guidance Section;
“croft” has the same meaning as in section 3 of the Crofters (Scotland) Act 1955 ;
“eligible expenditure” means expenditure, including expenditure incurred in determining the feasibility of the project and professional fees and charges incurred in the preparation of the project, approved in relation to measures to be undertaken under the Business Development Scheme;
“eligible person” means a person who is an owner, tenant or any other legal occupier of the agricultural unit or any person authorised to act on his behalf;
“financial assistance” means Community assistance and grant or grant and environment management payments made under these Regulations;
“horticulture” means fruit, vegetables of a kind grown for human consumption, including mushrooms and other edible fungi (main crop potatoes or peas grown for seed or harvesting dry are excluded), flowers, pot plants, decorative foliage, herbs, seeds (other than pea seeds), bulbs and other planting material being seeds, bulbs, or material for sowing or planting either for the production of the produce included above or for the reproduction of such seeds, bulbs or planting materials and trees and shrubs other than trees grown for the purpose of afforestation;
“inbye land” means any land which is, or has been enclosed or delineated by fences, dykes, hedges etc. (including apportioned land) which has been used for cultivation, production of forage or closely controlled grazing by livestock;
“livestock” includes any creature kept for the production of food, wool, skins, or fur or for the purposes of use in the farming of land;
“nursery stock” means trees (but not for afforestation) shrubs, herbaceous and alpine plants;
“programme” means the rural enterprise programme;
“programme area” means the area of Scotland referred to in regulation 1(2);
“project” means a project comprising diversification measures alone or diversification measures together with either ancillary agricultural measures or environmental measures or both of them;
“rural enterprise programme” means the operational programme submitted for Community assistance under Article 14 of the Council Regulation (EEC) No. 4235/88 and approved by the Commission Decision;
“set-aside land” means set-aside land as defined in regulation 2 of the Set-Aside Regulations 1988 ;
“smallholding” means any holding within the meaning of section 2 and section 32 of the Small Landholders (Scotland) Act 1911 ;
“tenant” means —
in the case of an agricultural holding a tenant within the meaning of section 93(1) of the Agricultural Holdings (Scotland) Act 1949;
in the case of a croft, a crofter within the meaning of section 3(2) of the Crofters (Scotland) Act 1955;
in the case of a smallholding, a landholder within the meaning of section 2(2) of the Small Landholders (Scotland) Act 1911 or a statutory small tenant within the meaning of section 32(1) of that Act;
“traditional winter keep” means the production of oats, barley, rye, bere, turnips, kale and hay.
2
References in these Regulations to a numbered regulation or Schedule shall be construed as a reference to the regulation or Schedule so numbered in these Regulations.
Selection of areas
3
1
The Secretary of State shall select areas from within the programme area when he considers it expedient that the Business Development Scheme should operate in that area.
2
The Secretary of State in selecting an area shall have regard to the following criteria: —
a
share of agricultural employment in total employment;
b
level of agricultural income (measure in terms of net value added per holding);
c
population density (measured in persons usually resident per square kilometre);
d
proportion of land classified by the Macaulay Land Use Research Institute as land suitable for rough grazing only or land of very limited agricultural use.
Approval of application
4
1
Any eligible person seeking financial assistance towards the cost of any project to be undertaken under the Business Development Scheme shall submit an application for approval by the Secretary of State.
2
An application submitted for approval shall be set out in such form as the Secretary of State may from time to time require and the person submitting it shall furnish all such particulars and information relating thereto as the Secretary of State may require, and in particular —
a
sufficient information to show that the project is being undertaken by an eligible person;
b
confirmation that the project is located on, or is related to, an agricultural unit within an area selected for the operation of the Business Development Scheme;
c
a description of the measures comprising the project;
d
a statement that the project could not proceed without financial assistance under the Business Development Scheme;
e
a business plan including a 3-year cash flow projection;
f
a proposed timetable for the work to be undertaken consistent with the business plan and the cash flow projection.
3
More than one application may be submitted provided that the total amount of financial assistance to be received by the eligible person in respect of these applications does not exceed the limits mentioned in regulation 8(1)(a)(ii), 1(b)(ii) and 1(c)(iv).
4
The Secretary of State shall only approve the application insofar as it is aimed at the development of the rural economy in accordance with the Council Regulation (EEC) No. 4253/88 and is to be carried out by or on behalf of the eligible person.
5
Subject to paragraph (3) above, the Secretary of State as he thinks fit may refuse to approve the application or may approve the application in whole or in part for the purposes of financial assistance and he may make his approval subject to such conditions as he may impose.
Restrictions on approval of application
5
1
The Secretary of State shall not approve an application for financial assistance unless he is satisfied that in the absence of such assistance the project could not, or could not appropriately, he realised and that the completion of the project will achieve the objectives of the Business Development Scheme and result in a viable self-sustaining enterprise.
2
The Secretary of State shall not approve an application for financial assistance where the overall limit of subsidy from public funds is likely to exceed 50% of the cost of the project.
3
The Secretary of State shall not approve an application for financial assistance —
a
towards diversification measures unless —
i
the agricultural unit on which the projects takes place or to which it is related is located in an area where the Business Development Scheme is operating at the date of application; and
ii
the proposed expenditure on the diversification measures is at least £1,000;
b
towards ancillary agricultural measures unless —
i
the eligible person has a diversification measure approved in respect of the agricultural unit under the Business Development Scheme;
ii
the proposed ancillary agricultural measure contributes to the viability of the agricultural unit;
iii
the proposed ancillary agricultural measure is confined to inbye land;
iv
the proposed ancillary agricultural measure will be completed within 24 months of the date of the approval;
v
the proposed ancillary agricultural measure will not increase the breeding stock numbers during the 24 month period;
c
towards environmental measures unless the eligible person has a diversification measure approved in respect of the agricultural unit under the Business Development Scheme.
Variation of approval of application
6
The Secretary of State may on the written request of the eligible person agree to vary the approval or any condition attached thereto.
Financial assistance
7
1
Subject to the provisions of these Regulations the Secretary of State may give to an eligible person financial assistance towards —
a
eligible expenditure on —
i
approved diversification measures mentioned in column 1 for the provision of any work or facility of the kind set out in column 2 of Schedule 1 except where the work or facility described in paragraph 3(6)(b) and (c) and paragraph 4(6)(a)-(d) of the said Schedule is to be carried out on set-aside land;
ii
approved ancillary agricultural measures of the kind set out in Part I of Schedule 2:
iii
approved environmental measures of the kind set out in column 1 of Part I of Schedule 3;
b
the environmental management of —
i
the categories of land referred to in column 1 of Part II of Schedule 3;
ii
land of high environmental value of a size mentioned in column 1 of Part III of Schedule 3;
2
Subject to regulation 8(2), the Secretary of State may determine the manner and timing of payment of financial assistance.
Amount of financial assistance under regulation 7
8
1
The amount of financial assistance payable under regulation 7 in relation to —
a
approved diversification measures shall —
i
be 50% of the eligible expenditure; and
ii
not exceed the sum of £25,000;
b
approved ancillary agricultural measures shall —
i
for the specified agricultural work mentioned in column 1 of Part I of Schedule 2 be the corresponding percentage of the eligible expenditure mentioned in column 2;
ii
not exceed a percentage of the amount of financial assistance approved for diversification measures which percentage shall be the percentage specified in column 2 of Part II of Schedule 2 which corresponds to the amount of approved financial assistance for diversification specified in column 1 of the said Part II;
iii
be in addition to the financial assistance approved under sub-paragraphs (a) and (c) of this paragraph;
c
approved environmental measures shall —
i
for the capital works referred to in column 1 of Part I Schedule 3 be the corresponding percentage of the eligible expenditure mentioned in column 2;
ii
for the categories of land referred to in column 1 of Part II of Schedule 3 be the corresponding rate per hectare mentioned in column 2;
iii
for the conservation of land of high environmental value of a size mentioned in column 1 Part III of Schedule 3 be the sum mentioned in column 2;
iv
not exceed 20% of the amount of financial assistance for diversification approved under sub-paragraph (a) above; and
v
be in addition to the financial assistance approved under sub-paragraphs (a) and (b) of this paragraph.
2
The Secretary of State shall pay 10% of the financial assistance approved under sub-paragraphs (a), (b) and (c) of the foregoing paragraph on approval of the project.
Claims for financial assistance
9
Any claims for financial assistance by an eligible person under these Regulations shall be made in such form and manner and at such time as the Secretary of State may from time to time require, and the eligible person shall furnish all such particulars and information relating to the claim and copies of such documents and records relating thereto as the Secretary of State may require and in particular —
a
evidence that the amount of expenditure on which financial assistance is claimed has been incurred including details of any discount received by the eligible person;
b
documentary evidence that the approved measure has been properly executed.
Powers of entry and inspection
10
1
For the purposes of these Regulations and in particular for the purpose of —
a
securing that financial assistance under these Regulations is made in proper cases only;
b
ascertaining whether any financial assistance is payable or recoverable;
c
ascertaining whether an offence under these regulations has been or is being committed,
any person duly authorised in that behalf by the Secretary of State may, and upon production if so required of his appointment of authority, at all reasonable times of the day enter upon and inspect any land and may —
i
inspect any premises, plant and machinery, equipment or livestock in respect of which financial assistance under these Regulations has been made or claimed provided that admission to any premises used as a dwellinghouse shall not be demanded as of right under this sub-paragraph unless 24 hours' notice of intended entry has been given to the occupier of the building;
ii
require the eligible person to furnish for inspection any book, account or other record in his possession or under his control which the authorised person considers is necessary to substantiate the entitlement to financial assistance under these Regulations.
2
In exercise of the power conferred on him by this regulation, an authorised person may be accompanied by such persons acting under his instructions as appear to him to be necessary and, in relation to the inspection of documents, he shall be entitled to take such copies or extracts therefrom as he may consider necessary.
Reduction or withholding of financial assistance
11
1
The Secretary of State may reduce or withhold any financial assistance under these Regulations in any case where —
a
the carrying out or provision of the work or facility towards the expenditure on which such financial assistance is claimed appears to the Secretary of State to frustrate the purposes served by assistance previously given out of money provided by Parliament or the European Economic Community; or
b
the carrying out of the work or facility towards the expenditure on which such financial assistance is claimed has been effected in a way which appears to the Secretary of State to have destroyed or damaged the natural beauty and amenity of the countryside to an extent which cannot be justified by the purpose for which financial assistance is claimed; or
c
funding in respect of expenditure towards which such financial assistance is claimed has been or may be given otherwise than under these Regulations; or
d
he considers that the expenditure towards which such financial assistance is claimed is excessive, having regard to the work or facility carried out or provided and to which the claim relates; or
e
he considers that in the circumstances current at the time of the application other applications are to be preferred.
2
Before reducing or withholding any financial assistance under the provisions of this regulation, the Secretary of State shall give to any person whose financial assistance it is proposed to reduce or withhold a written notification of the reasons for the action proposed to be taken by him.
Revocation of approval and recovery of financial assistance
12
If at any time after the Secretary of State has approved an application or paid financial assistance under these Regulations it appears to him that —
a
any condition subject to which the approval was given or the financial assistance has been paid has not been complied with, or the targets have not been met; or
b
any work or facility in respect of expenditure on which financial assistance has been paid has been badly done or provided, or has been or is being unreasonably delayed or is unlikely to be completed; or
c
the Commission has decided to reduce, suspend or discontinue Community assistance;
d
the eligible person has —
i
intentionally obstructed any officer in exercise of his powers under regulation 10; or
ii
failed to comply with a requirement imposed under regulation 10(1);
e
the eligible person gave information on any matter relevant to the giving of the approval or the making of the payment which was false or misleading in a material respect,
the Secretary of State may revoke the approval, in whole or in part and, where any financial assistance has been paid, may recover on demand an amount equal to the financial assistance which has been so paid or such part thereof as he may specify; but before revoking an approval or making a demand under the preceding provisions of this regulation, the Secretary of State shall give to any person to whom any such financial assistance would be payable or from whom any such amount would be recoverable a written notification of the reasons for the action proposed to be taken by him.
False statements
13
1
If the eligible person, for the purposes of obtaining for himself or any other person any financial assistance under these Regulations, knowingly or recklessly makes a statement which is false in any material particular he shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
2
Summary proceedings for such an offence may be commenced at any time within 3 years after the commission of the offence and within 6 months after the relevant date and for the purposes of this paragraph proceedings shall be deemed to be commenced on the date on which a warrant to apprehend or to cite the accused is granted if such warrant is executed without undue delay.
3
In this regulation “the relevant date” means the date on which evidence sufficient in the opinion of the Procurator Fiscal to justify proceedings comes to his knowledge.
4
For the purposes of the foregoing paragraph a certificate of the Procurator Fiscal as to the date on which such evidence as is there mentioned came to his knowledge shall be conclusive evidence of that fact.
Strathclyde
Parliamentary Under Secretary of State, Scottish Office
St. Andrew’s House,
Edinburgh
19th March 1991


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
1
This Order may be cited as the Dorset, Hampshire, West Sussex and Wiltshire (County Boundaries) Order 1991.
2
This Order shall come into force on 5th November 1991 for any purpose set out in regulation 4(1) of the Local Government Area Changes Regulations 1976 .
3
For all other purposes, this Order shall come into force on 1st April 1992.
Interpretation
2
In this Order —
“district” means borough or district, as the case may be;
“map” means one of the 14 maps prepared by the Department of the Environment, marked “Maps of the Dorset, Hampshire, West Sussex and Wiltshire (County Boundaries) Order 1991”, duly numbered for reference, and deposited in accor dance with regulation 5 of the Local Government Area Changes Regulations 1976;
any reference to an electoral division is a reference to an electoral division of the county to which an area is transferred;
any reference to a ward is a reference to a ward of the district to which an area is transferred; and any reference to Dorset, Hampshire, West Sussex or Wiltshire is a reference to the county of that name.
Transfers from Dorset to Hampshire
3
Each area which is marked as shown in column 1 of the following Table on the boundary map indicated in column 2 shall be transferred —
a
from Dorset to Hampshire;
b
from the district (and from the parish, if any) mentioned in column 3 to the district of New Forest and to the parish named in column 4; and
c
to the ward, electoral division and petty sessional division there named, and to the New Forest coroner’s district.
TABLE
(1) Area(s) marked (2) On map (3) Transferred from (4) to —
A1 4 Borough of Christchurch Parish of Burton
Parish of Sopley
Bransgore and Sopley ward
Ringwood electoral division
Ringwood petty sessional division
A3 6
District of East Dorset
Parish of St Leonards and St Ives
Parish of Sopley
Bransgore and Sopley ward
Ringwood electoral division
Ringwood petty sessional division
C1, C2, C3, C4 and C5 1 Borough of Christchurch (unparished)
Parish of New Milton
Barton ward
New Milton electoral division
Lymington petty sessional division
C6 2 Borough of Christchurch (unparished)
Parish of Bransgore
Bransgore and Sopley ward
Ringwood electoral division
Ringwood petty sessional division
C7 3 Borough of Christchurch (unparished)
Parish of Bransgore
Bransgore and Sopley ward
Ringwood electoral division
Ringwood petty sessional division
Transfers from Hampshire to Dorset
4
Each area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred —
a
from Hampshire to Dorset;
b
from the district of New Forest and from the parish named in column 3 to the district (and to the parish, if any) mentioned in column 4; and
c
to the ward, electoral division and petty sessional division so mentioned, and to the Eastern Dorset coroner’s district.
Where in relation to any area, “unparished” appears in column 4, that area shall cease to form part of any parish.
TABLE
(1) Area(s) marked (2) On map (3) Transferred from (4) to —
A2 4 Sopley
Borough of Christchurch
Parish of Burton
Burton ward
Burton Grange electoral division
Christchurch petty sessional division
A37 5 Ellingham, Barbridge and Ibsley
District of East Dorset
Parish of Verwood
Verwood ward
Verwood electoral division
Wimborne petty sessional division
B1, B2, B3, B4, B5 and B6 1 New Milton
Borough of Christchurch
Unparished
Chewton ward
Highcliffe electoral division
Christchurch petty sessional division
B7 2 Bransgore
Borough of Christchurch
Unparished
Chewton ward
Highcliffe electoral division
Christchurch petty sessional division
B8 2 New Milton
Borough of Christchurch
Unparished
Chewton ward
Highcliffe electoral division
Christchurch petty sessional divison
B9 3 Bransgore
Borough of Christchurch
Unparished
Grange ward
Burton Grange electoral division
Christchurch petty sessional division
B10 4 Sopley
Borough of Christchurch
Unparished
Jumpers ward
Commons electoral division
Christchurch petty sessional division
Transfers from Hampshire to Wiltshire
5
1
Each area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred —
a
from Hampshire to Wiltshire;
b
from the district (and from the parish) mentioned in column 3 to the district and to the parish mentioned in column 4; and
c
to the ward, electoral division and petty sessional division so mentioned, and to the Wiltshire coroner’s district.
TABLE
(1) Area marked (2) On map (3) Transferred from (4) To —
A4 7
District of New Forest
Parish of Hale
District of Salisbury
Parish of Redlynch
Redlynch ward
Downton electoral division
Salisbury petty sessional division
A30 12
Borough of Test Valley
Parish of Kimpton
District of Kennet
Parish of Ludgershall
Ludgershall ward
Collingbourne electoral division
Everley and Pewsey petty sessional divison
A22, A24, A26 and A28 11
Borough of Test Valley
Parish of Kimpton
District of Kennet
Parish of North Tidworth
North Tidworth Ward
Collingbourne electoral division
Everley and Pewsey petty sessional division
A15, A17, and A20 8 and 9
Borough of Test Valley
Parish of Kimpton
District of Kennet
Parish of South Tedworth*
North Tidworth ward
Collingbourne electoral division
Everley and Pewsey petty sessional division
A7, A9, A11 and A13 8 and 9
Borough of Test Valley
Parish of Shipton Bellinger
District of Kennet
Parish of South Tedworth*
North Tidworth ward
Collingbourne electoral division
Everley and Pewsey petty sessional division
A38 8, 9, 10 and 11
Borough of Test Valley
Parish of South Tedworth*
District of Kennet
North Tidworth ward
Collingbourne electoral division
Everley and Pewsey petty sessional division
*See paragraphs (2) and (3) for changes to this parish
2
In the Hampshire district of Test Valley, the parts of the parish of South Tedworth which are marked A6 and A14 on map 8 and A8, A10 and A12 on map 9 shall be transferred to the parish of Shipton Bellinger; and those marked A16 and A18 on map 10 and A21 on map 11 shall be transferred to the parish of Kimpton.
3
The parish of South Tedworth shall form part of Wiltshire, and of the district of Kennet, and shall consist of the following areas, which are transferred to that county and district by paragraph (1) of this article, and which are shown on maps 8 and 9 —
A7, A9, A11, A13, A15, A17, A20 and A38.
Transfers from Wiltshire to Hampshire
6
1
The area marked A5 on map 7 shall be transferred from Wiltshire, from the district of Salisbury and from the parish of Redlynch to —
a
Hampshire;
b
the district of New Forest;
c
the parish of Hale;
d
Forest North West ward and Fordingbridge electoral division; and to
e
Ringwood petty sessional division and the Southampton and New Forest coroner’s district.
2
The following areas —
a
the parts of the parish of North Tidworth marked A23, A25, A27 and A29 on map 11; and
b
the part of the parish of Ludgershall marked A31 on map 12 —
shall be transferred from Wiltshire, and from the district of Kennet to —
a
Hampshire;
b
the district of Test Valley;
c
the parish of Kimpton;
d
Tedworth ward and Andover Rural electoral division; and to
e
Andover petty sessional division and the Central Hampshire coroner’s district.
Transfers from Hampshire to West Sussex
7
1
The area marked A32 on map 13 shall be transferred from Hampshire, from the district of East Hampshire and from the parish of Bramshott and Liphook to —
a
West Sussex;
b
the district of Chichester;
c
the parish of Linchmere;
d
the Linchmere ward and the Fernhurst electoral division; and to
e
the Chichester and District petty sessional division and the West Sussex coroner’s district.
2
The areas marked A34 and A36 on map 14 shall be transferred from Hampshire, from the district of East Hampshire, and from the parish of Rowlands Castle to —
a
West Sussex;
b
the district of Chichester;
c
the parish of Stoughton;
d
the Stoughton ward and the Bourne electoral division; and to
e
the Chichester and District petty sessional division and the West Sussex coroner’s district.
Transfers from West Sussex to Hampshire
8
1
The areas marked A33 and A35 on map 14 shall be transferred from West Sussex, from the district of Chichester and from the parish of Stoughton to —
a
Hampshire;
b
the district of East Hampshire;
c
the parish of Rowlands Castle;
d
the Rowlands Castle ward and the Catherington electoral division; and to
e
the Petersfield petty sessional division and the South East Hampshire coroner’s district.
2
The area marked B11 on map 15 shall be transferred from West Sussex, from the district of Chichester and from the parish of Southbourne to —
a
Hampshire;
b
the borough of Havant;
c
the Emsworth ward and the St. Faith’s (East) electoral division; and to
d
the Havant petty sessional division and the South East Hampshire coroner’s district.
The area shall cease to form part of any parish.
Town and country planning
9
1
In this article, “provision” means a provision of a development plan (as defined in section 336 of the Town and Country Planning Act 1990
2
Any provision applying to an area transferred by this Order shall continue to apply to that area, notwithstanding the transfer, until replaced by a provision which so applies, and which is expressed to supersede the preserved provision.
Signed by authority of the Secretary of State for the Environment
Michael Portillo
Minister of State,
Department of the Environment
7th October 1991


text:
1
These Regulations may be cited as the Motor Vehicles (Driving Licences) (Large Goods and Passenger-Carrying Vehicles) (Amendment) Regulations 1991 and shall come into force on 1st April 1991.
2
The Motor Vehicles (Driving Licences) (Large (Goods and Passenger-Carrying Vehicles) Regulations 1990 shall he amended in accordance with the following provisions of these Regulations.
3
In regulations 3 (Application), in paragraph (2), after the words “except regulations 4,” there shall be inserted “5(2),”.
4
In regulation 10 (Provisional licences and provision entitlement), for paragraphs (4) and (5) there shall be substituted the following paragraphs —
4
A passenger-carrying vehicle driver’s licence issued as a provisional licence, including a licence which is treated as a provisional licence under section 98(2) and (3), shall be subject to the condition prescribed for the purposes of section 114(1) of the 1988 Act, that the holder shall not drive a passenger-carrying vehicle which he may drive by virtue of the licence while carrying any passenger in the vehicle other than —
a
the person specified in paragraph (3)(a);
b
a person specified in regulation 18(5); or
c
a person who holds a passenger-carrying vehicle driver’s licence or an existing public service vehicle licence and is giving or receiving instruction in the driving of passenger-carrying vehicles or who has given or received, or is to give or receive, such instruction.
5
The condition specified in paragraph (3)(a) shall not apply whilst the holder of a provisional licence is undergoing a test; neither of the conditions specified in paragraph (3) nor the condition in paragraph (4) shall apply in relation to the driving of a vehicle of any category when the holder of the licence has passed a test for a vehicle of that category or whilst the holder of the licence is driving a vehicle he is entitled to drive by virtue of regulation 33(1) or 34(2) of the Motor Vehicles Driving Licences) Regulations 1987 .
Signed by authority of the Secretary of State for Transport
Christopher Chope
Parliamentary Under Secretary of State,
Department of Transport
7th March 1991


text:
1
This Order may be cited as the A23 Trunk Road (Brighton Road, Croydon)(Box Junction) Order 1992 and shall come into force on 1st March 1992.
2
In this Order —
“boxed area” means the area of the carriageway of the trunk road specified in the Schedule to this Order, being an area of the said carriageway which is marked by the traffic sign specified in diagram 1044 in the Traffic Signs Regulations and General Directions 1981 ; and
“the trunk road” means that part of the A23 Trunk Road in the London Borough of Croydon known as Brighton Road.
3
Save as provided in article 4 below, no person shall cause or permit any vehicle to enter the boxed area if it would become necessary for the whole or any part of the vehicle to remain stationary within that area due to the presence of other stationary vehicles.
4
The provisions of article 3 above shall not apply —
a
in respect of a vehicle being used for police, fire brigade or ambulance purposes;
b
to anything done with the permission or at the direction of a police constable in uniform or of a traffic warden;
c
so as to render it unlawful to cause or permit the whole or any part of a vehicle to remain stationary in the boxed area if, when the whole or any part of the vehicle entered that area, the person so causing or permitting had reason to believe that he would immediately be able to cause or permit the vehicle to be driven out of that area.
Signed by authority of the Secretary of State for Transport
S. Chatlerjee
Director (Construction Programme Division) London Regional Office of theDepartment of Transport
26th February 1992


text:
Citation and commencement
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No.12 Partial Revocation) Order 1991 and shall come into force at 16.00 hours on 30th October 1991.
Partial Revocation
2
The Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No.12) Order 1991 except in so far as it applies to the area described in the Schedule to this Order is hereby revoked.
E.C. Davison
Assistant Secretary, Scottish Office
Pentland House,
Edinburgh
30th October 1991


text:
Citation and commencement
1
These Regulations may be cited as the Police Pensions (Additional Voluntary Contributions) Regulations 1991, and shall come into force on 1st July 1991 but have effect as from 6th April 1990.
Interpretation
2
1
In these Regulations, unless the context otherwise requires, any reference to a numbered regulation or Schedule is to be construed as a reference to the regulation or Schedule which bears that number in these Regulations, and any reference to a numbered paragraph in a regulation of or a Schedule to these Regulations is to be construed as a reference to the paragraph bearing that number in that regulation or, as the case may be, that Schedule.
2
In these Regulations references to the Taxes Act are references to the Income and Corporation Taxes Act 1988 and references to the 1987 Regulations are references to the Police Pensions Regulations 1987 .
3
In these Regulations, unless the context otherwise requires —
“approved scheme” means a retirement benefits scheme approved under Chapter 1 of Part XIV of the Taxes Act;
“basic contributions” means contributions paid pursuant to an election under regulation 4(1);
“basic contributor” is to be construed in accordance with regulation 7;
“cash equivalent” means a cash equivalent mentioned in paragraph 12(1) of Schedule 1A to the Social Security Pensions Act 1975 ;
“central police officer” has the same meaning as in the 1987 Regulations;
“death benefit contributions” means contributions paid pursuant to an election under regulation 5(1);
“death benefit contributor” is to be construed in accordance with regulation 7;
“death benefit cover” is to be construed in accordance with regulation 5(1);
“earnings” and “emoluments” mean earnings and emoluments in respect of service as a pensionable policeman, disregarding, except where regulation 3 or 5 of the Retirement Benefit Schemes (Tax Relief on Contributions) (Disapplication of Earnings Cap) Regulations 1990 applies, any excess in any tax year over the figure which is the permitted maximum for that year for the purposes of section 592(8B) of the Taxes Act (that is to say, the figure specified for the year by an order made by the Treasury under section 590C(6) of that Act);
“free-standing additional voluntary contributions scheme” means an approved scheme which falls within section 591(2)(h) of the Taxes Act;
“the Index” means the index of retail prices published by the Department of Employment;
“overseas policeman” has the same meaning as in the 1987 Regulations;
“participator” means a basic contributor or a person who has ceased to be a basic contributor but has not exercised any right to take a cash equivalent or to be paid a lump sum under regulation 14(1);
“pension investments” means investments made under regulations 9(1) and 10(2);
“pensionable policemean”means a person by whom contributions are for the time being payable under regulation G2 of the 1987 Regulations;
“retire” means become entitled to payment of a pension or gratuity under regulations B1 to B5 of the 1987 Regulations, and cognate expressions are to be construed accordingly;
“the Society” means The Equitable Life Assurance Society; and
“tax year” means the 12 months beginning with 6th April in any year.
Making and acceptance of elections
3
1
Any election under these Regulations —
a
is to be made by giving written notice to the police authority, and
b
is, subject to paragraphs (2) to (4), to be accepted by the authority.
2
No election under these Regulations is to be accepted if any limit imposed by regulation 8(4) or 13 (limits on contributions and benefits) would be exceeded.
3
An election falling within regulation 16(2) (death benefit cover, continued death benefit cover and increased death benefit cover) is not to be accepted if —
a
any information required under regulation 16(2) is not given, or
b
the information given is such that the cover could not be secured by investment under regulation 9(3).
4
A pension election under regulation 11(2) made after retirement may be accepted only if the police authority are satisfied as mentioned in regulation 11(2).
5
The police authority are to give effect as soon as is reasonably practicable to any election accepted by them.
Election to pay basic contributions
4
1
A pensionable policeman may at any time elect to pay basic contributions under these Regulations.
2
The notice of such an election is to specify —
a
the amount of each contribution, and
b
the way in which the contributions are to be invested under regulation 9.
Elections in respect of death benefit cover
5
1
A pensionable policeman may at any time elect to pay death benefit contributions to secure death benefit cover, that is to say the payment of a lump sum in the event of his dying in the circumstances specified in paragraph (2).
2
The circumstances are that —
a
at the time of his death he is still a death benefit contributor, and
b
his death occurs before his retirement date and is not the result of an injury received in the execution of his duty (within the meaning of regulation A11 of the 1987 Regulations).
3
A pensionable policeman’s retirement date is the date on which he would be required by regulation A18(1) of the 1987 Regulations to retire assuming that there were no postponement under regulation A18(2) and no change of rank.
4
The notice of an election under paragraph (1) is to specify the amount to be secured, which must not be more than that which would be the permitted amount for the purposes of Part III of Schedule 2 if he were to die on the date on which the election takes effect.
5
An election under paragraph (1) ceases to have effect on the person’s retirement date, but if the time at which he is required by regulation A18(1) of the 1987 Regulations to retire becomes later by reason of —
a
his being promoted, or
b
a postponement under regulation A18(2),
he may elect to pay further contributions to secure the continuance to the later date of he death benefit cover in force immediately before the change.
6
Any continued death benefit cover secured by an election under paragraph (5) lapses if the person retires before the date to which the cover was continued.
Variation and cancellation of elections
6
1
A basic contributor may at any time elect —
a
to alter the amount of his basic contributions, or
b
to require them to be invested in future, under regulation 9, in a different way, or
c
to require the police authority to realise any investment and to reinvest the proceeds, under regulation 9, in a different way, or
d
to cancel his election under regulation 4(1).
2
A death benefit contributor may at any time elect —
a
to alter the amount to be secured, but not so as to exceed the amount which would be the permitted amount for the purposes of Part III of Schedule 2 if he were to die on the date on which the election takes effect, or
b
to cancel his election under regulation 5(1).
3
A person paying further contributions under regulation 5(5) (continuance of death benefit cover during service after retirement age) may at any time make any election that he could have made under paragraph (2)(a) above if he had been paying death benefit contributions.
Basic and death benefit contributors
7
1
Subject to paragraph (3), a person is a basic contributor while an election under regulation 4(1) (regular contributions) has effect.
2
Subject to paragraph (3), a person is a death benefit contributor while an election under regulation 5(1) has effect.
3
A person who has ceased to be a pensionable policeman ceases to be either a basic contributor or a death benefit contributor.
Payment and amount of contributions
8
1
Basic contributions are payable to the police authority at intervals of not less than 4 weeks.
2
Death benefit contributions and further contributions under regulation 5(5) (continuance of death benefit cover) are payable to the police authority at the same times as basic contributions.
3
All contributions are to be deducted by the police authority from the person’s pay.
4
The total of the contributions of all kinds paid in any tax year must not exceed the lesser of (A-B-C) and D, where —
A is 15 per cent of the person’s emoluments for that year,
B is the total of any contributions paid by him in the year to another approved scheme,
C is the total of the contributions paid by him in the year under the 1987 Regulations, and
D is the amount which would provide the maximum allowable benefits.
5
The maximum allowable benefits are —
a
where the person is a basic contributor only, a retirement pension the annual rate of which is likely to be the maximum allowed by regulation 13,
b
where he is not a basic contributor but is paying contributions to secure death benefit cover, the maximum amount that can be secured having regard to regulations 5(4) and 6(2)(a), and
c
where he both is a basic contributor and is paying contributions to secure death benefit cover, both the retirement pension mentioned in sub-paragraph (a) and the maximum amount mentioned in sub-paragraph (b).
Investment of contributions
9
1
Basic contributions are to be invested by the police authority in accordance with any election for the time being having effect under regulation 4(1) or 6(1)(b) or (c).
2
In paragraph (1) “invested” means invested with the Society in one or more of the following ways:
a
in The Equitable Life With-Profits Fund;
b
in The Equitable Life Unit-Linked Managed Pensions Fund;
c
for deposit by the Society with the Woolwich Building Society.
3
Death benefit contributions and further contributions under regulation 5(5) are to be invested by the police authority with the Society so as to secure death benefit cover of the amount required by any election for the time being having effect under regulation 5(1) or (5) or 6(2) or (3).
Inward transfers
10
1
A police authority may accept a transfer value from the administrator of —
a
a free-standing additional voluntary contributions scheme, or
b
an approved scheme which provides additional benefits but does not fall within section 591(2)(h) of the Taxes Act,
in respect of a basic contributor.
2
A transfer value accepted by a police authority is to be invested by them with the Society —
a
in such one or more of the ways mentioned in regulation 9(2) as may be specified in writing by the contributor, or
b
if he does not specify how the transfer value is to be invested, in the fund mentioned in regulation 9(2)(a).
Retirement pensions
11
1
A retirement pension is a pension payable to the participator for life, commencing on the date of his retirement.
2
During the month ending on the date of his retirement, a participator is to make a pension election; but if the police authority are satisfied that it was not reasonably practicable for an election to be made during that period they may accept one made after retirement.
3
The notice of a pension election is to specify whether the annual rate of the retirement pension —
a
is to be fixed, or
b
is to vary in accordance with the Index, or
c
is to increase yearly by a specified percentage,
and from which of the pension providers it is to be purchased.
4
The pension providers are the bodies listed in Schedule 1.
5
The notice may also specify that if the participator dies within the period of 5 years beginning when the pension commenced the balance that would have been payable during the remainder of that period if the pension had continued at the rate in force at the time of his death is to be paid as a lump sum.
6
Subject to paragraphs (7) and (8), the police authority are to realise the pension investments and apply the amount obtained to the purchase from the specified pension provider of a retirement pension in accordance with the notice of election.
7
Subject to paragraph (8), the police authority —
a
if they do not accept a pension election made after retirement, shall, and
b
if —
i
6 months after retirement no election has been made, and
ii
they are satisfied that there is no reasonable excuse for the delay,
may in their discretion at any time,
apply the amount obtained to the purchase from any of the pension providers of such a retirement pension as appears to them to be suitable having regard to the participator’s family circumstances and his age and health.
8
If —
a
there are exceptional circumstances of serious ill-health, or
b
his aggregate pension benefits would be trivial,
the police authority may in their discretion realise the pension investments without purchasing any pension, and in that event the amount obtained becomes payable as a lump sum.
9
Aggregate pension benefits are trivial if the annual rate of the retirement pension that could be purchased, together with the annual equivalent of all pension benefits payable to the participator from other sources, would not exceed —
a
£104, or
b
if greater, any amount prescribed by regulations for the time being in force under paragraph 15(4) of Schedule 16 to the Social Security Act 1973 .
10
Except as provided in paragraph (8), a retirement pension may not in whole or in part be surrendered, commuted or assigned.
Lump sum death benefit
12
Where a person who is paying death benefit contributions or further contributions under regulation 5(5) dies and any lump sum secured by those contributions is obtained by the police authority from the Society the lump sum becomes payable.
Benefit limits
13
1
Schedule 2 has effect for limiting the benefits that may be paid under these Regulations.
2
The maximum annual rate of a retirement pension ascertained from Schedule 2 is increased —
a
by 3 per cent for each complete year that has elapsed, or
b
if a greater increase results, in proportion to the increase in the Index that has occurred,
since the date on which the pension became payable.
Repayment in certain cases
14
1
If a person —
a
ceases to be a basic contributor before retiring, and
b
does not acquire a right to a cash equivalent, and
c
becomes entitled under regulation B6 of the 1987 Regulations to an award by way of repayment of his aggregate pension contributions,
the appropriate lump sum becomes payable.
2
If a participator dies before retirement the appropriate lump sum becomes payable.
3
The appropriate lump sum is the realisable value of the pension investments.
Payment by police authority
15
1
Retirement pensions shall be paid by the police authority to the persons entitled to them.
2
Lump sums payable —
a
as mentioned in regulation 11(5), or
b
under regulation 12 or 14(2),
shall be paid by the police authority to the deceased’s widow or widower or, if there is no widow or widower, to the personal representatives.
3
Lump sums payable under regulation 11(8) or 14(1) shall be paid by the police authority to the former basic contributor.
4
If by reason of regulation 13 a benefit is not payable in full, the police authority shall pay to the person entitled to the benefit so much of the relevant amount as would —
a
in the case of a retirement pension, if applied to its purchase, or
b
in the case of a lump sum, if paid as part of it,
have caused the benefit to exceed the limit.
5
The relevant amount is —
a
in the case of a retirement pension the amount obtained under regulation 11(6), and
b
in the case of a lump sum payable under regulation 12 or 14, that sum.
6
The amount of any tax chargeable under the Taxes Act on a payment under this regulation shall be deducted by the police authority before payment.
Information
16
1
A person making an election under these Regulations is to give the police authority such information as they may reasonably require for the purposes of their functions under these Regulations.
2
A person making —
a
an election under regulation 5(1) or (5) (death benefit and continued death benefit cover), or
b
an election under regulation 6(2)(a) (increased death benefit cover), or
c
an election under regulation 6(3) corresponding to one that could have been made under regulation 6(2)(a),
is, in particular, to give the police authority such information about his health as they may reasonably require having regard to regulation 9(3) (investment so as to secure death benefit cover).
Appeals
17
1
A person who is aggrieved by the refusal of the police authority to admit a claim to receive as of right a pension, or a larger pension than that granted, under these Regulations may, subject to paragraph (2), appeal —
a
if he was, or the claim is to a pension in respect of a person who was, a member of a police force within the meaning of the Police Act 1964 , to the Crown Court, or
b
if he was, or the claim is to a pension in respect of a person who was, a member of a police force within the meaning of the Police (Scotland) Act 1967 , to the sheriff having jurisdiction in the place where he last served as such a member, or
c
if he was, or the claim is to a pension in respect of a person who was, an overseas policeman, an inspector or assistant inspector of constabulary or a central police officer, to the Secretary of State.
2
Paragraph (1) does not confer a right of appeal against anything done by the police authority in the exercise of a power conferred by these Regulations which is rexpressly declared by these Regulations to be a power which they are to exercise in their discretion.
3
In this regulation “pension” includes any lump sum payable under these Regulations.
Retrospective effect: incidental provision
18
1
Any notice given after 5th April 1990 and before 1st July 1991 which, if these Regulations had been in force, would have constituted notice of an election under these Regulations is to be treated as having constituted notice of such an election.
2
These regulations shall be treated as having come into force on 1st March 1990 in relation to any sum paid by a pensionable policeman in anticipation of these Regulations, and any such sum shall be treated as forming part of his pension investments.
3
A sum is one paid in anticipation of these Regulations if —
a
it was paid to the Society after 28th February 1990 and before 6th April 1990 on the understanding that if regulations providing for additional voluntary contributions were made it would be treated as consisting of contributions invested with the Society under the regulations, and
b
it would not, if these Regulations had been in force during the tax year ending with 5th April 1990, have exceeded the limit imposed by regulation 8(4).
Kenneth Baker
One of Her Majesty’s Principal Secretaries of State
Home Office
21st May 1991
We consent
Thomas Sackville
Sydney Chapman
Two of the Lords Commissioners of Her Majesty’s Treasury
4th June 1991


text:
Citation and commencement
1
1
This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session Amendment No.3) (Solicitors' Fees) 1991 and shall come into force on 29th April 1991.
2
This Act of Sederunt shall be inserted in the Books of Sederunt.
Amendment of solicitors' fees
2
1
In rule 347 of the Rules of the Court of Session (fees of solicitors) in Chapters I and III of the Table of Fees, for the fees specified in column 2 of the Schedule to this Act of Sederunt in relation to the paragraphs specified in column 1 of that Schedule there shall be substituted the fees specified in column 3 of that Schedule; and the fees so substituted shall apply to work, in respect of which those fees are chargeable, done on or after the date on which this Act of Sederunt comes into force.
2
The fees specified in the Table of Fees in rule 347 of the Rules of the Court of Session which are specified in column 2 in the Schedule to this Act of Sederunt in relation to the paragraphs specified in column 1 of that Schedule shall continue to have effect in respect of work done before this Act of Sederunt comes into force.
J. A. D. Hope
Lord President, IPD
Edinburgh
22nd March 1991


text:
1
This Order may be cited as the Value Added Tax Act 1983 (Interest on Overpayments etc) (Prescribed Rate) Order 1991 and shall come into force on 27th July 1991.
2
For the purposes of section 38A of the Value Added Tax Act 1983 interest shall be payable at the rates specified in the following Table–
TABLE
Interest for any period Rate
before 1st March 1974 8 per cent. after 28th February 1974 and before 1st February 1977 9 per cent. after 31st January 1977 and before 1st March 1979 10 per cent. after 28th February 1979 and before 1st January 1980 12.50 per cent. after 31st December 1979 and before 1st January 1981 15 per cent. after 31st December 1980 and before 1st December 1981 12.50 per cent. after 30th November 1981 and before 1st March 1982 15 per cent. after 28th February 1982 and before 1st July 1982 14 per cent. 30th June 1982 and before 1st April 1983 13 per cent. after 31st March 1983 and before 1st April 1984 12.50 per cent. after 31st March 1984 and before 1st August 1986 12 per cent. after 31st July 1986 and before 1st January 1987 11.50 per cent. after 31st December 1986 and before 1st April 1987 12.25 per cent. after 31st March 1987 and before 1st November 1987 11.75 per cent. after 31st October 1987 and before 1st December 1987 11.25 per cent. after 30th November 1987 and before 1st May 1988 11 per cent. after 30th April 1988 and before 1st August 1988 9.50 per cent. after 31st July 1988 and before 1st November 1988 11 per cent. after 31st October 1988 and before 1st January 1989 12.25 per cent. after 31st December 1988 and before 1st November 1989 13 per cent. after 31st October 1989 and before 1st April 1991 14.25 per cent. after 31st March 1991 and before 27th July 1991 12 per cent. after 27th July 1991 12 per cent.
Irvine Patrick
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
26th July 1991


text:
1
The new highway which the Secretary of State proposes to construct along the route described in the Schedule to this Order shall become a trunk road as from the date when this Order comes into force.
2
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk road that —
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the new trunk road is opened for the purpose of through traffic.
4
In this Order, each measurement of distance is measured along the route of the relevant highway, and —
i
“the deposited plan” means the plan numbered HA10/2 — /N224 marked “The A1 Trunk Road (Brownieside Improvement) Order 1991”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the new trunk road” means the highway mentioned in article 1 of this Order; and
iii
“the trunk road” means the London — Edinburgh — Thurso Trunk Road (A1).
5
This Order shall come into force on 16th January 1992 and may be cited as the A1 Trunk Road (Brownieside Improvement) Order 1991.
Signed by authority of the Secretary of State for Transport
P. A. Shaw
Regional Director, Northern Region,
Department of Transport
18th December 1991


text:
Title, commencement and interpretation
1
1
These Regulations may be cited as the Fertilisers Regulations 1991 and shall come into force on 1st November 1991.
2
Subject to paragraph (3) below, these Regulations shall not apply in relation to any material, not designated as an EEC fertiliser, sold or offered for sale before —
a
1st June 1992 in the case of any solid material sold or offered for sale loose or in containers having a capacity greater than 25 kilograms or, in the case of any fluid material, sold or offered for sale in containers having a capacity greater than 10 litres;
b
1st February 1993 in the case of any solid material sold or offered for sale in containers having a capacity of or less than 25 kilograms or, in the case of any fluid material, sold or offered for sale in containers having a capacity of or less than 10 litres;
and in relation to any such material the Fertilisers Regulations 1990 shall continue to apply.
3
The Fertilisers Regulations 1990 shall not apply to any material not designated as an EEC fertiliser, in relation to which paragraph (2) above would otherwise apply, if that material complies with the requirements of these Regulations.
4
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Agriculture Act 1970;
“chelating agent” means any product listed in table 2 in Schedule 2;
“herbicide” means a substance calculated to destroy or control any unwanted plant;
“pesticide” means a substance calculated to destroy or control any insect, mite, mollusc, nematode, fungus or any other pest capable of destroying, damaging or retarding the growth of any form of plant life;
“secondary nutrient” means calcium, magnesium, sodium or sulphur;
“trace element” means boron, cobalt, copper, iron, manganese, molybdenum or zinc.
5
Any reference in these Regulations to a numbered regulation or Schedule shall, unless the context otherwise requires, be construed as a reference to the regulation or Schedule bearing that number in these Regulations.
6
Any reference in these Regulations to a numbered section shall, unless the reference is to a section of a specified Act, be construed as a reference to the section bearing that number in the Act.
Control of materials designated as EEC fertilisers
2
1
No person shall sell or have in possession with a view to sale, for use as a fertiliser, any material designated as an EEC fertiliser, or in respect of which any indication is given directly or indirectly that it is an EEC fertiliser, unless that material —
a
is specified in Groups 1(a), 2(a) or 3(a) of Section A, or in Groups 1 to 4 of Section B, or in Groups 1(a) or 2 of Section C, or in Section D, or Section E, of the table in Schedule 1; and
b
conforms with the requirements laid down for such materials in these Regulations as respects content and marking.
2
No person shall sell or have in possession with a view to sale, for use as a fertiliser, any material designated as an EEC fertiliser containing any pesticide or herbicide or any organic nutrient of animal or vegetable origin, which has been added in the course of manufacture or preparation for sale.
3
No person shall make available to any other person for the final use by that other person as a fertiliser any ammonium nitrate, as defined in column 3 of Section A of the table in Schedule 1, which is designated as an EEC fertiliser and contains more than 28 % by weight of nitrogen, unless the material is in a container which complies with the provisions of Part II of Schedule 2.
4
No person shall sell or have in possession with a view to sale, for use as a fertiliser, any material specified in Section D of the table in Schedule 1 designated as an EEC fertiliser unless that product is packaged.
Control of materials not designated as EEC fertilisers
3
No person shall sell or have in possession with a view to sale, for use as a fertiliser, any solid or fluid material which, not being designated as an EEC fertiliser, does not comply with the requirements of these Regulations.
Use and meaning of prescribed names and descriptions of material
4
1
Subject to the provisions of paragraphs (4) and (5) of this regulation, no person shall sell or have in possession with a view to sale, as a fertiliser or for use as a fertiliser, any material specified in the second column in Sections A, B, C, D or E of the table in Schedule 1, which complies with the corresponding meaning in the third column of the said table, unless the statutory statement relating to any such material and required by section 68(1) contains the corresponding name or one of the corresponding names, as the case may be, indicated in the second column of the said table.
2
For the purposes of section 70, any name of a material specified in the second column of the table in Schedule 1 shall, subject to the provisions of paragraphs (4) and (5) of this regulation, have the meaning corresponding thereto in the third column of the said table.
3
No person shall sell or have in possession with a view to sale, as a fertiliser or for use as a fertiliser, any material specified in Groups 1(b), 2(c), 3(c) or 5(b) of Section A, or in Group 6 of Section B or in Groups 1(c), 1(e), 1(g) or 4 of Section C, of the table in Schedule 1, unless he gives in the statutory statement or in any other document or label referring to the material a name or description, or name and description, sufficiently specific to indicate to the intending purchaser the true nature of the material.
4
In the case of those materials in Groups 1 to 4 of Section B, Group 2 of Section C, and in Section D and Section E, of the table in Schedule 1 which, not being designated as EEC fertilisers, are sold or offered for sale, and for which the declared content of any nutrients, secondary nutrients or trace elements, or of the total nutrien4100econdary nutrient or trace element content, falls below the minimum levels specified in the third column of the said table, or in table 1 in Schedule 2, the statutory statement shall contain the name designated in the second column thereof if the material complies in all other respects with the requirements of the said third column.
5
In the case of materials specified in Sections A, B, C, D or E of the table in Schedule 1, any meaning given in the third column of the said table shall be deemed not to exclude the presence of any substance added to improve the handling qualities of the material and, in the case of materials which, not being designated as EEC fertilisers, are sold or offered for sale, the said meaning shall be deemed not to exclude the presence of any herbicide or pesticide.
Prescribed descriptions of material and particulars and information to be contained in the statutory statement
5
The descriptions of material prescribed for the purposes of sections 68(1) and 69(1) shall be those indicated in the second and third columns of the table in Schedule 1, and the particulars or information required to be contained in a statutory statement relating to any such material shall be the particulars or information specified in relation thereto in the fourth column of the table in Schedule 1 and in Part I of Schedule 2.
Limits of variation
6
For the purposes of section 74, the limits of variation in relation to any misstatement as to the nature, substance or quality of any material specified in the second column of the table in Schedule 1 shall, subject to the provisions of that Schedule, be the corresponding limits in relation to that material set out in the fifth and, as the case may be, in the sixth column of the said table.
Time by which a statutory statement relating to certain materials must be given
7
For the purposes of section 68(3), any statutory statement required to be given on the sale of —
a
any fertiliser, in containers, of a description specified in Group 4 of Section A of the table in Schedule 1; or
b
any solid fertiliser, not being designated as an EEC fertiliser, other than a solid fertiliser sold or offered for sale in containers, of a description specified in Sections A, B, D or E of the table in Schedule 1; or
c
any fluid fertiliser, not being designated as an EEC fertiliser, in a container the declared content of which is in excess of 200 litres,
shall be given as soon as practicable after delivery to the purchaser.
Manner of marking and labelling material
8
The manner in which material shall be marked and labelled for the purposes of section 69(1) and section 74A shall be as set out in Schedule 2.
Modification of section 69(1) for certain imported material
9
In the case of —
a
any fertiliser, in containers, of a description specified in Group 4 of Section A of the table in Schedule 1; or
b
any solid fertiliser, not being designated as an EEC fertiliser, sold or offered for sale, other than a solid fertiliser in containers, of a description specified in Sections A, B, D or E of the table in Schedule 1; or
c
any fluid fertiliser, not being designated as an EEC fertiliser, sold or offered for sale in a container the declared content of which is in excess of 200 litres,
which has been imported and is of a description prescribed for the purposes of section 69(1) by regulation 5, subsection (1) of section 69 shall have effect as if —
i
the words “and in either case before it is removed from the premises” were omitted from the said subsection (1), and
ii
the words “any material which has been marked in accordance with this subsection” were substituted for the words “the material” in the said subsection (1).
Register of marks
10
1
Except in the case of materials sold or offered for sale designated as EEC fertilisers, as respects any material of a description prescribed for the purposes of section 69(1) by regulation 5 which comprises —
a
any fertiliser in containers of a description specified in Group 4 of Section A of the table in Schedule 1; or
b
any solid fertiliser, other than a solid fertiliser in containers, of a description specified in Sections A, B, D or E of the table in Schedule 1; or
c
any fluid fertiliser in a container the declared content of which is in excess of 200 litres; or
d
any material, not being of a standard formulation on general sale by the seller concerned, which is specially manufactured or mixed to the order of a particular purchaser,
the matters required by section 69 to be marked on that material may be denoted by a mark whose meaning can be ascertained by reference to a register kept in accordance with this regulation.
2
The register shall show those matters to which the mark relates, being matters required to be contained in the statutory statement relating to the material to which the mark relates and the date of entry of those particulars in the register. Entries relating to material of a kind mentioned in paragraph (1)(d) of this regulation shall also include the name and address of the purchaser, the date of the order and the amount ordered. The register shall be kept as a separate record in book form marked on the outside “Register of marks under section 69(6) of the Agriculture Act 1970” and shall be kept on the premises where the material is held for the purpose of selling it in the course of trade for use as a fertiliser, save that if the material is in a public store the register shall be kept on the premises of the person who has the material for sale.
3
The period for which the register is to be preserved in accordance with section 69(7) shall be a period of 6 months commencing with the first day on which none of the materials referred to in the register remains on the premises for sale as aforesaid.
Enforcement
11
Insofar as any provision of these Regulations is made under section 2(2) of the European Communities Act 1972 that provision shall be enforced as if it were made under those provisions of the Agriculture Act 1970 under which the other provisions of these Regulations are made and the provisions of Part IV of the said Agriculture Act shall apply accordingly.
Amendment as respects metrication
12
In relation to any material to which these Regulations apply the operation of the provisions of sections 66(1), 68(2)(b) and 76(5) shall be modified as follows —
a
in the definition of “sampled portion” in the said section 66(1) for the words “five tons or 1,000 gallons or the prescribed metric substitution” there shall be substituted the words “five tonnes or 5,000 litres”;
b
in section 68(2)(b) for the words “fifty-six pounds or the prescribed metric substitution” there shall be substituted the words “twenty-five kilograms”; and
c
in section 76(5) for the words “fourteen pounds or the prescribed metric substitution” there shall be substituted the words “six kilograms”.
Revocation
13
Subject to regulation 1(2), the Fertilisers Regulations 1990 are hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 6th September 1991.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Michael Forsyth
Minister of State, Scottish Office
11th September 1991
David Hunt
Secretary of State for Wales
15th September 1991


text:
Citation and commencement
1
These Regulations may be cited as the Education (Approval of Special Schools) (Amendment) Regulations 1991 and shall come into force on 1st April 1991.
Amendment of the principal Regulations
2
In regulation 2 of the Education (Approval of Special Schools) Regulations 1983 (“the principal Regulations”), immediately after the definition of “the Act of 1981” there shall be inserted —
“the Act of 1988 ” means the Education Reform Act 1988 ;
.
3
In regulation 7 of the principal Regulations, for paragraph (1) there shall be substituted the following —
1
Subject to paragraph (2), the Secretary of State may withdraw his approval of a school on the ground that, in the case of that school, there has been a failure to comply with any requirement applicable to the school and contained in —
a
these Regulations;
b
the Regulations from time to time in force under section 218 of the Act of 1988;
c
the Regulations made under section 27 of the Act of 1980 to the extent that they continue to have effect on the repeal of that section and the coming into force section 218 of the Act of 1988 on 1st April 1989, or
d
the Regulations from time to time in force under section 10 of the Act of 1944.
.
4
In Schedule 2 to the principal Regulations —
a
after paragraph 2 there shall be inserted the following:
Welfare of Pupils
2A
In the case of a non-maintained school, the governing body shall make such arrangements for safeguarding and promoting the welfare of the pupils at the school as shall have been approved by the Secretary of State.
,
b
for paragraph 9 there shall be substituted the following:
9
Arrangements shall be made to secure that, so far as practicable, every pupil attending the school will attend daily religious worship and receive religious education, or will be withdrawn from attendance at such worship or from receiving such education, in accordance with the wishes of his parent.
,
c
in paragraph 10 —
i
for sub-paragraph (1)(b) there shall be substituted the following:
b
shall ensure, in relation to a day pupil whose parents are in receipt of income support or who is himself in receipt of it, that such provision is made for him in the middle of the day, by way of milk, a meal or other refreshment, as appears to them to be requisite.
;
ii
for sub-paragraph (3) there shall be substituted the following:
3
Subject to sub-paragraph (2), the governing body must charge for anything provided by them to day pupils by way of milk, a meal or other refreshment and must charge every pupil the same price for the same quantity of the same item.
, and
d
in sub-paragraph (2)(a) of paragraph 13, for the words “regulations from time to time in force under section 27 of the Act of 1980” there shall be substituted “Regulations from time to time in force under section 218 of the Act of 1988”.
5
In Schedule 3 to the principal Regulations —
a
for paragraph 5 there shall be substituted the following:
5
1
Particulars of the school curriculum including, in particular —
a
of the curricula for different age groups;
b
of the subject choices, if any, available (including the arrangements for the making by parents and pupils of such choices);
c
of the manner and context in which education as respects sexual matters is given; and
d
of the careers education provided.
2
Particulars relating to the school curriculum including, in particular —
a
a list of the external qualifications for which courses of study are provided for pupils of compulsory school age at the school and which are for the time being approved by the Secretary of State or by a designated body under section 5 of the Act of 1988;
b
the titles of the syllabuses associated with the qualifications referred to in sub-paragraph (a), or where criteria for determining a syllabus have been so approved, a statement to that effect;
c
a list of the external qualifications, and the names of the syllabuses associated with them, which are offered to pupils over compulsory school age; and
d
the arrangements for the inspection and (where applicable) the obtaining of copies of any documents which are for the time being required to be made available by or under the Education (School Curriculum and Related Information) Regulations 1989 .
;
b
in paragraph 11 the words “including, in particular, the practice of the school as respects corporal punishment” shall be omitted.
Kenneth Clarke
Secretary of State for Education and Science
6th March 1991
David Hunt
Secretary of State for Wales
6th March 1991


text:
1
This Order may be cited as the Northern Ireland Act 1974 (Interim Period Extension) Order 1991 and shall come into force forthwith.
2
The interim period specified by section 1(4) of the Northern Ireland Act 1974 shall continue until 16th July 1992.
P. L. Brooke
One of Her Majesty’s Principal Secretaries of State
Northern Ireland Office
4th July 1991


text:
Citation, extent and commencement
1
This Order, which may be cited as the Diseases of Animals (Fees for the Testing of Disinfectants) Order 1991, shall apply to Great Britain and shall come into force on 1st June 1991.
Fees for the testing of disinfectants
2
1
Subject to paragraph (2) below, a person who submits a disinfectant for testing in accordance with article 7 of the Diseases of Animals (Approved Disinfectants) Order 1978 shall pay to the Minister of Agriculture, Fisheries and Food the fees prescribed in the Schedule to this Order.
2
Until 1st August 1991 the fee payable in respect of each testing of a disinfectant for efficacy against Foot and Mouth Disease shall be £168.00 and the fee payable in respect of each testing of a disinfectant for efficacy against Swine Vesicular Disease shall be £219.00.
Revocation
3
The Diseases of Animals (fees for the Testing of Disinfectants) Order 1981 is hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 7th May 1991.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Strathclyde
Parliamentary Under Secretary of State, Scottish Office
30th April 1991
David Hunt
Secretary of State for Wales
30th April 1991
We approve,
Sydney Chapman
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
1st May 1991


text:
Citation and commencement
1
These Regulations may be cited as the Regional and District Health Authorities (Membership and Procedure) Amendment Regulations 1991 and come into force on 1st April 1991.
University non-officer members for District Health Authorities
2
The Regional and District Health Authorities (Membership and Procedure) Regulations 1990 are amended by the substitution in Part I of Schedule 1 —
a
for the entries “Leeds Eastern Health Authority” and “Leeds Western Health Authority” of the entry “Leeds Health Authority”;
b
for the entry “Central Birmingham Health Authority” of the entry “South Birmingham Health Authority”.
Signed by authority of the Secretary of State for Health.
Stephen Dorrell
Parliamentary Under-Secretary of State,
Department of Health
25th February 1991


text:
1
This Order may be cited as the Northern Ireland (Emergency and Prevention of Terrorism Provisions) (Continuance) Order 1991 and shall come into force on 22nd March 1991.
2
In this Order —
a
“the temporary provisions of the 1978 Act ” means all the provisions of the Northern Ireland (Emergency Provisions) Act 1978, except sections 5 and 28 to 36, Part III of Schedule 4, Schedules 5 and 6 and, so far as they relate to offences which are scheduled offences by virtue of the said Part III, sections 2, 6 and 7;
b
“the temporary provisions of the 1987 Act ” means Parts II and III of the Northern Ireland (Emergency Provisions) Act 1987 ; and
c
“the 1989 Act provisions ” means the provisions referred to in section 27(11) of the Prevention of Terrorism (Temporary Provisions) Act 1989 (“the 1989 Act ”), that is to say —
i
parts III and V of the 1989 Act so far as they have effect in Northern Ireland and relate to proscribed organisations for the purposes of section 21 of the Northern Ireland (Emergency Provisions) Act 1978 or offences or orders under that section, and
ii
sections 21 to 24 of the 1989 Act.
3
The temporary provisions of the 1978 Act except section 12, Schedule 1 andsection 24, the temporary provisions of the 1987 Act, and the 1989 Act provisions, shall continue in force for a period of twelve months beginning with 22nd March 1991.
Northern Ireland Office
P. L. Brooke
One of Her Majesty’s Principal Secretaries of State
19th March 1991


text:
1
This Order may be cited as the Department of Transport (Fees)(Amendment) Order 1991 and shall come into force on 1st April 1991.
2
Schedule 1 to the Department of Transport (Fees) Order 1988 shall be amended —
a
in Table III, by the deletion of paragraphs 4, 5, 6, 7 and 8 incolumn (1) and the entries in relation thereto in columns (2) and (3);
b
in Table V, by the deletion of paragraphs 2.B and C in column (1)and the entries in relation thereto in columns (2) and (3); and
c
by the insertion after Table V of the following table: —
TABLE VI
— Road Traffic Act 1988
(1) (2) (3)
1
Section 89(4)(b) — power to prescribe in regulations thefee for a test of competence to drive a motor vehicle (other than, inthe case of Part I of the two-part motor cycle test, a motor cycle) tobe paid by a person who submits himself for such a test, or applies foran appointment for such a test, in respect of —
A
Motor vehicles other than, in the case of Part I of the two-partmotor cycle test, motor cycles;
The functions of the Secretary of State in relation to tests ofcompetence to drive a motor vehicle (other than, in the case of Part Iof the two-part motor cycle test, a motor cycle) under Part III of theRoad Traffic Act 1988. Paragraphs 1 to 7.
B
Motor cycles — Part I of the two-part test.
The functions of the Secretary of State in relation to Part I of thetwo-part motor cycle test under Part III of the Road Traffic Act 1988,excluding those functions listed below against the next succeeding entryin this table. Paragraphs 1 to 7 and 9.
2
Section 89(5)(b) — power to prescribe in regulations thecharges for the supply of forms for certificates evidencing the resultsof tests of competence to drive which consist of separate parts.
i
The functions of the Secretary of State in relation to trainingbodies appointed to conduct Part I of the two-part motor cycle testunder Part III of the Road Traffic Act 1988.
ii
All other functions of the Secretary of State in relation to training bodies appointed to conduct Part I of the two-part motor cycle test including, without prejudice to the generality of the foregoing, the supervision ofstandards of appointed training bodies.
Paragraphs 1 to 7.
3
Section 97(1) — power to prescribe in regulations the feein respect of the grant of a driving licence.
i
The functions of the Secretary of State in relation to driverlicensing under Parts III and IV of the Road Traffic Act 1988 andSchedule 1 to the Road Traffic (Driver Licensing and InformationSystems) Act 1989 and the functions of the traffic commissioners under thesaid Part IV and Schedule 1.
ii
The functions of the Secretary of Statein relation to anything done by the European Communities or any of theirinstitutions with respect to the minimum ages for driving, recognitionof driving licences and tests and exchange of licences.
iii
All other functions of the Secretary of State in relation to driver licensing including, without prejudice to the generality of the foregoing —
a
carrying out enforcement work related to keeping records of endorsements and disqualifications and ensuring recovery of erroneous or revoked licences;
b
carrying out medical enquiries into the fitness of licence holders to drive following notifications which indicate that licence holders may have a medical condition requiring investigation;
c
work in connection with the investigation and prosecution of offences and enforcement action.
Paragraphs 1 to 8.
4
Section 97(3A)(e) — power to prescribe in regulations thecharges in connection with the supply of forms for certificatesevidencing the successful completion of a course of training in thedriving of motor bicycles.
i
The functions of the Secretary of State under the regulations.
ii
All other functions of the Secretary of State in relation toapproved training courses for motor cyclists.
Paragraphs 1 to 7.
Signed by authority of the Secretary of State for Transport.
Christopher Chope
Parliamentary Under Secretary of State,
Department of Transport
22nd March 1991


text:
1
That length of the Trunk Road which is described in the Schedule to this Order and is shown by broad striped hatching on the deposited plan shall cease to be a trunk road and shall be classified as a prinicipal road as from the date when this Order comes into force.
2
In this Order —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the deposited plan” means the plan numbered HA 10/EM31 marked “The A158 Trunk Road (Lincolnshire) (Detrunking) Order 1991” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
iii
“the trunk Road” means A158 Trunk Road.
3
This Order shall come into force on 15th February 1991 and may be cited as the A158 Trunk Road (Lincolnshire) (Detrunking) Order 1991.
Signed by authority of the Secretary of State for Transport
D.J. Morrison
Regional Director, East Midland Region,
Department of Transport
17th January 1991


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Cod and Sole (Specified Sea Areas) (Prohibition of Fishing) Order 1991 and shall come into force on 18th September 1991.
2
In this Order–
“British fishing boat” means a fishing boat which is registered in the United Kingdom, the Isle of Man or any of the Channel Islands or which, not being so registered, is British-owned;
“length”, in relation to a boat, means the length calculated in accordance with the rules specified in Article 2(1) of Council Regulation ( EEC ) No. 2930/86 ;
“sea area 1” means the statistical division of the International Council for the Exploration of the Sea specified in Schedule 1 hereto;
“sea area 2” means the statistical division of the International Council for the Exploration of the Sea specified in Schedule 2 hereto.
Prohibition and exception
2
1
Subject to paragraph (3) below, fishing for cod ( Gadus morhua )–
a
within any part of sea area 1 by any British fishing boat registered in the United Kingdom; or
b
within any part of sea area 1 which lies inside British fishery limits by any other British fishing boat,
is prohibited during the period beginning with the date of coming into force of this Order and ending immediately before 1st January 1992.
2
Subject to paragraph (3) below, fishing for sole ( Solea vulgaris )–
a
within any part of sea area 2 by any British fishing boat registered in the United Kingdom; or
b
within any part of sea area 2 which lies inside British fishery limits by any other British fishing boat,
is prohibited during the period beginning with the date of coming into force of this Order and ending immediately before 1st January 1992.
3
The prohibitions in paragraphs (1) and (2) above shall not apply to any boat whose length exceeds 10 meteres, except in the case of any boat used wholly for the purpose of conveying persons wishing to fish for pleasure with rod and line or by handline.
Powers of British sea-fishery officers in relation to fishing boats
3
1
For the purpose of the enforcement of this Order a British sea-fishery officer may exercise the powers conferred by paragraphs (2) to (4) below–
a
anywhere in relation to any British fishing boat registered in the United Kingdom, and
b
in any waters adjacent to the United Kingdom and within British fishery limits in relation to any other British fishing boat.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.
3
He may require the attendance of the master and other persons on board the boat and may take any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) above and, in particular–
a
may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;
c
for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under section 5(1) or (6) of the Sea Fish (Conservation) Act 1967 as read with this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search; and
d
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in sub-paragraph (d) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to be a British sea-fishery officer that a contravention of this Order has at any time taken place within British fishery limits, he may–
a
require the master of the boat in relation to which the contravention took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 9th September 1991.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Michael Forsyth
Minister of State, Scottish Office
11th September 1991
David Hunt
Secretary of State for Wales
12th September 1991
Peter Brooke
Secretary of State for Northern Ireland
13th September 1991


text:
1
This Order may be cited as the Combined Probation Areas (Essex) Order 1991 and shall come into force on 17th January 1991.
2
That part of Schedule 2 to the Combined Probation Areas Order 1986 which relates to the Essex Probation Committee shall be amended by omitting the entries in respect of the petty sessions areas of Rochford and Southend-on-Sea and inserting in alphabetical order in column 1 “Rochford and Southend-on-Sea” and corresponding to this in column 3 “4”.
3
The members of the Essex Probation Committee appointed before 1st January 1991 by the justices for the petty sessional divisions of Rochford and Southend-on-Sea shall continue in office as if they had been appointed by the justices for the new petty sessional division of Rochford and Southend-on-Sea.
Kenneth Baker
One of Her Majesty’s Principal Secretaries of State
Home Office
16th January 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as The United Kingdom Transplant Support Service Authority (Establishment and Constitution) Order 1991 and shall come into force on 1st April 1991.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service Act 1977;
“the Authority” means the United Kingdom Transplant Support Service Authority established by this Order;
“functions” means functions relating to the health service as mentioned in section 13 of the Act;
“organ” means any part of a human body or any product derived from the human body;
“the Regional Health Authority” means the South Western Regional Health Authority constituted in accordance with the National Health Service (Constitution of Regional Health Authorities) Order 1975 .
Establishment of the United Kingdom Transplant Support Service Authority
2
There is hereby established a special health authority which shall be known as the United Kingdom Transplant Support Service Authority.
Functions of the Authority
3
The Authority shall exercise such functions relating to assisting in, and facilitating or promoting, the provision of a service for the transplantation of organs as the Secretary of State may by Regulations direct it to perform on his behalf.
Constitution of the Authority
4
The Authority shall consist of —
a
a chairman;
b
four members who are not officers of the Authority;
c
the chief officer of the Authority; and
d
a member who is an officer of the Authority other than the chief officer.
Remuneration of members
5
The Authority is specified for the purposes of paragraph 9(7)(b) of Schedule 5 to the Act.
Transfer of staff
6
Any officer of the Regional Health Authority who is immediately before the date on which this Order comes into force employed by it solely for the purposes of its specialised unit known as the United Kingdom Transplant Service shall on that date be transferred to the employment of the Authority, and the contract of employment between each such officer and the Regional Health Authority shall be modified so as to substitute the Authority as employer.
Enforceability of rights and liabilities
7
Any right or liability of the Regional Health Authority in respect of the employment by it of any officer who is transferred to the employment of the Authority by virtue of article 6 of this Order shall instead be a right or liability of the Authority.
William Waldegrave
Secretary of State for Health
4th March 1991


text:
1
1
This Order may be cited as the Housing Act 1988 (Commencement No. 5and Transitional Provisions) Order 1991.
2
In this Order“the 1985 Act ” means the Housing Associations Act 1985 .
2
Subject to the saving in article 3, section 140(2) of the HousingAct 1988 shall come into force on 1st April 1991 insofar as it relatesto the repeal of the following provisions of the 1985 Act —
section 55 (hostel deficit grant), and
sections 56 and 57 in their application to hostel deficit grant.
3
The repeal of sections 55 to 57 of the 1985 Act shall not apply inrelation to hostel deficit grant payable to an association for a periodwhich expires before 1st April 1991.
Michael Heseltine
One of Her Majesty’s Principal Secretaries of State
26th March 1991


text:
Citation and commencement
1
These Regulations may be cited as the Companies (Disclosure of Interests in Shares) (Orders imposing restrictions on shares) Regulations 1991 and shall come into force on the day after the day on which they are made.
Interpretation
2
In these Regulations unless the context otherwise requires reference to a numbered section shall be construed as a reference to a numbered section of the Companies Act 1985 .
Amendments of Part VI, Companies Act 1985
3
In section 210, after subsection (5) (orders imposing restrictions on shares following conviction of an offence under section 210), insert the following subsection:–
5A
If the Secretary of State is satisfied that an order under subsection (5) may unfairly affect the rights of third parties in respect of shares then the Secretary of State, for the purpose of protecting such rights and subject to such terms as he thinks fit, may direct that such acts by such persons or descriptions of persons and for such purposes as may be set out in the order, shall not constitute a breach of the restrictions of Part XV of this Act.
.
4
In section 216 (penalty for failure to provide information required by a company by a notice under section 212),
a
after subsection (1) insert the following subsections:–
1A
On an application made under subsection (1) the court may make an interim order and any such order may be made unconditionally or on such terms as the court thinks fit.
IB
If the court is satisfied that an order under subsection (1) may unfairly affect the rights of third parties in respect of shares then the court, for the purpose of protecting such rights and subject to such terms as it thinks fit, may direct that such acts by such persons or descriptions of persons and for such purposes as may be set out in the order, shall not constitute a breach of the restrictions of Part XV of this Act
;
b
for the words “Such an order” at the beginning of subsection (2), substitute “An order under this section”.
Amendments of Part XIV, Companies Act 1985
5
In section 445 (orders imposing restrictions on shares in connection with investigations of companies and their affairs),
a
after subsection (1) insert the following subsection:–
1A
If the Secretary of State is satisfied that an order under subsection (1) may unfairly affect the rights of third parties in respect of shares then the Secretary of State, for the purpose of protecting such rights and subject to such terms as he thinks fit, may direct that such acts by such persons or descriptions of persons and for such purposes as may be set out in the order, shall not constitute a breach of the restrictions of Part XV of this Act.
;
b
at the end of subsection (2) insert “save that subsection (1A) shall not so apply.”
Amendments of Part XV, Companies Act 1985
6
In section 454:–
a
in subsection (1) after “this Part” insert “then, subject to any directions made in relation to an order pursuant to sections 210(5A), 216(1B), 445(1A) or 456(1A) or subject in the case of an interim order pursuant to section 216(1A) to the termsof that order”;
b
in subsection (2) after “except” insert “such agreement or right as may be madeor exercised under the terms of directions made by the Secretary of State or thecourt under sections 210(5A), 216(1B), 445(1A), 456(1A) or of an interim order made under section 216(1A) or”; and
c
in subsection (3) after “except” insert “such agreement or right as may be madeor exercised under the terms of directions made by the Secretary of State or thecourt under sections 210(5A), 216(1B), 445(1A), 456(1A) or of an interim order made under section 216(1A) or”.
7
In section 455:–
a
in subsection (1) at the beginning insert “Subject to the terms of any directions made under sections 210(5A), 216(1B) or 445(1A) or 456 or of an interim order made under section 216(1A)”; and
b
in subsection (2) at the beginning insert “Subject to the terms of any directions made under sections 210(5A), 216(1B), 445(1A) or 456 or of an interim order made under section 216(1A)”.
8
In section 456:–
a
after subsection (1) insert the following subsection:–
1A
Where the court is satisfied that an order subjecting the shares tothe restrictions of this Part unfairly affects the rights of third parties in respect of shares then the court, for the purpose of protecting such rights and subject to such terms as it thinks fit and in addition to any order it may make under subsection (1), may direct on an application made under that subsection that such acts by such persons or descriptions of persons and for such purposes, as may be set out in the order, shall not constitute a breach of the restrictions of Part XV of this Act.
Subsection (3) does not apply to an order made under this subsection.
;
b
in subsection (4) at the beginning insert “Without prejudice to the power of the court to give directions under subsection (1A),”.
9
The power of the court to give a direction under section 456(1A) as inserted by regulation 8 above, shall be exercisable in respect of any order made under section 210(5), 216(1) or 445(1), including such orders as may be in force upon the commencement of these Regulations.
John Redwood
Minister of State,
Department of Trade and Industry
17th July 1991