text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Environmental Protection (Applications, Appeals and Registers) Regulations 1991 and shall come into force in England and Wales on 1st April 1991 and in Scotland on 1st April 1992.
2
In these Regulations, “the 1990 Act ” means the Environmental Protection Act 1990.
Applications for an authorisation
2
1
An application to an enforcing authority for an authorisation under section 6 of the 1990 Act shall be in writing and, subject to paragraphs (2) and (3) below, shall contain the following information —
a
the name of the applicant, his telephone number and address and, if different, any address to which correspondence relating to the application should be sent and, if the applicant is a body corporate, the address of its registered or principal office;
b
in a case where the prescribed process will not be carried on by means of mobile plant —
i
the name of any local authority in whose area the prescribed process will be carried on;
ii
the address of the premises where the prescribed process will be carried on;
iii
a map or plan showing the location of those premises; and
iv
if only part of those premises will he used for carrying on the process, a plan or other means of identifying that part;
c
in a case where the prescribed process will be carried on by means of mobile plant —
i
the name of the local authority in whose area the applicant has his principal place of business; and
ii
the address of that place of business;
d
a description of the prescribed process;
e
a list of prescribed substances (and any other substances which might cause harm if released into any environmental medium) which will be used in connection with, or which will result from, the carrying on of that process;
f
a description of the techniques to be used for preventing the release into any environmental medium of such substances, for reducing the release of such substances to a minimum and for rendering harmless any such substances which are released;
g
details of any proposed release of such substances into any environmental medium and an assessment of the environmental consequences;
h
proposals for monitoring any release of such substances, the environmental consequences of any such release and the use of any techniques described in accordance with sub-paragraph (f) above;
i
the matters on which the applicant relies to establish that the objectives mentioned in section 7(2) of the 1990 Act (including the objective referred to in section 7(7)) will be achieved and that he will be able to comply with the general condition implied by section 7(4);
j
any additional information which he wishes the enforcing authority to take into account in considering his application.
2
Paragraph (1) above shall apply in relation to an application to a local enforcing authority for an authorisation in respect of a prescribed process designated for local control (other than that mentioned in paragraph (3) below) as if the words in brackets in sub-paragraph (i) were omitted and references to the release of substances into any environmental medium were references to the release of substances into the air.
3
Paragraph (1) above shall apply in relation to an application to a local enforcing authority for an authorisation to carry on any prescribed process involving only the burning of waste oil in an appliance with a net rated thermal input of less than 0·4 megawatts as if the following sub-paragraphs were substituted for sub-paragraphs (d) to (i) —
d
the name and number of the appliance (if any) and the name of its manufacturer;
e
the net rated thermal input of the appliance and whether or not it is constructed or adapted so as to comply with the specification for fixed, flued fan-assisted heaters in Part 2 of the specification for oil-burning air heaters published by the British Standards Institution and numbered BS 4256 1972;
f
details of the type of fuel to be used and its source;
g
details of the height and location of any chimney through which waste gases produced by the appliance would be carried away;
h
details of the efflux velocity of the waste gases leaving such a chimney produced by the appliance in normal operation;
i
details of the location of the fuel storage tanks of the appliance;
.
4
In this regulation —
“net rated thermal input” is the rate at which fuel can be burned at the maximum continuous rating of the appliance multiplied by the net calorific value of the fuel and expressed as megawatts thermal;
“waste oil” means any mineral based lubricating or industrial oil which —
has become unfit for the use for which it was intended and, in particular, used combustion engine oil, gearbox oil, mineral lubricating oil, oil for turbines and hydraulic oil; and
is generated only as a result of activities carried out by the applicant on the premises where the process is to be carried on.
Variation of conditions of an authorisation
3
1
Any notice given to an enforcing authority under section 11(1)(a) of the 1990 Act of a proposed relevant change in a prescribed process shall be in writing.
2
An application to an enforcing authority under any provision of section 11 of the 1990 Act for the variation of the conditions of an authorisation shall be in writing.
3
A person making —
a
a request to an enforcing authority under section 11(1)(b) of the 1990 Act for a determination of the matters mentioned in section 11(2); or
b
an application to such an authority under any provision of section 11 for the variation of the conditions of an authorisation,
shall furnish the authority with his name, address and telephone number and shall also furnish the authority —
i
in a case where the prescribed process will not be carried on by means of mobile plant, with the address of the premises where the prescribed process will be carried on;
ii
in a case where the process will be carried on by means of mobile plant, with the address of his principal place of business;
iii
in all cases, with a statement of any changes as respects any information supplied under regulation 2(1)(a) to (c) above.
4
Subject to paragraph (5) below, a person making —
a
a request to an enforcing authority under section 11(1)(b) of the 1990 Act for a determination of the matters mentioned in section 11(2); or
b
an application to such an authority under section 11(5) for the variation of the conditions of an authorisation,
shall also furnish the authority with —
i
a description of any proposed change in the manner in which the prescribed process will be carried on;
ii
a statement of any changes as respects the matters dealt with in regulation 2(1)(e) to (i) above which would result if any proposed change in the manner of carrying on the prescribed process were made;
iii
any additional information which he wishes the authority to take into account in considering his application; and
iv
in the case of an application under section 11(5) of the 1990 Act, an indication of the variations which he wishes the authority to make.
5
Paragraph (4) above shall apply in relation to a process mentioned in regulation 2(3) above as if sub-paragraph (ii) were omitted.
6
A person making an application to an enforcing authority under section 11(3)(b) or (4)(b) of the 1990 Act to an enforcing authority for the variation of the conditions of an authorisation shall also furnish the authority with —
a
an indication of the variations which he wishes the authority to make;
b
a statement of any changes in any information supplied to the authority under paragraph (3) above; and
c
any additional information which he wishes the authority to take into account in considering his application.
7
A person making an application to an enforcing authority for the variation of the conditions of an authorisation under section 11(6) of the 1990 Act shall also furnish the authority with —
a
an indication of the variations which he wishes the authority to make; and
b
any additional information which he wishes the authority to take into account in considering his application.
Consultation
4
1
Subject to regulations 6 and 7(2) below, the persons to be consulted under paragraph 2, 6 or 7 of Schedule 1 to the 1990 Act are —
a
the Health and Safety Executive, in all cases;
b
the Minister of Agriculture, Fisheries and Food, in the case of all prescribed processes designated for central control which will be carried on in England;
c
the Secretary of State for Wales, in the case of all prescribed processes designated for central control which will be carried on in Wales;
d
the Secretary of State for Scotland, in the case of all prescribed processes designated for central control which will be carried on in Scotland;
e
the National Rivers Authority, in the case of all prescribed processes designated for central control which will be carried on in England and Wales and which may result in the release of any substance into waters which are controlled waters for the purposes of Chapter I of Part III of the Water Act 1989 ;
f
the sewerage undertaker or, in relation to Scotland, the regional or islands council, in the case of all prescribed processes designated for central control which may involve the release of any substance into a sewer vested in the undertaker or the council;
g
the Nature Conservancy Council for England, the Nature Conservancy Council for Scotland or the Countryside Council for Wales —
i
in the case of all prescribed processes designated for central control which may involve a release of any substance;
ii
in the case of all prescribed processes designated for local control which may involve a release of any substance into the air,
which may affect a site of special scientific interest within the Council’s area;
h
the harbour authority, in the case of all prescribed processes designated for central control which may involve a release of any substance into a harbour managed by the harbour authority.
2
Subject to regulation 7(5)(a) below, the period for notification under paragraph 2(1), 6(2) or 7(2) of Schedule 1 to the 1990 Act shall be the period of 14 days beginning with —
a
in the case of a notification under paragraph 2(1), the day on which the enforcing authority receives the application for an authorisation;
b
in the case of a notification under paragraph 6(2), the day on which the authority notifies the holder of an authorisation in accordance with section 10(5) of that Act; and
c
in the case of a notification under paragraph 7(2), the day on which the authority receives the application for a variation of an authorisation.
3
In paragraph (1)(h) above and regulation 7(3)(c) below, “harbour authority” has the same meaning as in section 57(1) of the Harbours Act 1964 .
Advertisements
5
1
Subject to paragraph (4) and regulation 6 below, an advertisement —
a
by an applicant under paragraph 1(2) of Schedule 1 to the 1990 Act; or
b
by the holder of an authorisation under paragraph 6(2) or 7(2) of that Schedule,
shall be published in one or more newspapers circulating in the locality in which the prescribed process will be carried on.
2
Subject to regulation 7(5)(b) below, any such advertisement as is mentioned in paragraph (1) above shall be published within a period of 28 days beginning 14 days after —
a
in the case of an advertisement under paragraph 1(2) of Schedule 1 to the 1990 Act, the day on which the application for an authorisation is made;
b
in the case of an advertisement under paragraph 6(2) of that Schedule, the day on which the holder of the authorisation is notified in accordance with section 10(5) of that Act;
c
in the case of an advertisement under paragraph 7(2) of that Schedule, the day on which the application for a variation is made.
3
Subject to regulation 7(4) below, any such advertisement as is mentioned in paragraph (1) above shall —
a
state the name of the applicant or, as the case may be, of the holder of the authorisation;
b
give the address of the premises on which the prescribed process will be carried on;
c
describe briefly the prescribed process;
d
state where any register which contains particulars of the application or of the action to be taken may be inspected and that it may be inspected free of charge; and
e
explain that any person may make representations in writing to the enforcing authority within the period of 28 days beginning with the date of the advertisement and give the authority’s address.
4
The preceding provisions of this paragraph do not apply in relation to any prescribed process which will be carried on by means of mobile plant.
Exemption for waste oil burners
6
1
The requirements of paragraph 1(2), 2, 6 or 7 of Schedule 1 to the 1990 Act shall not apply in relation to any process involving only the burning of waste oil in an appliance with a net rated thermal input of less than 0·4 megawatts.
2
In this regulation —
“net rated thermal input” has the same meaning as in regulation 2(4) above; and
“waste oil” means any mineral based lubricating or industrial oil which has become unfit for the use for which it was intended and, in particular, used combustion engine oil, gearbox oil, mineral lubricating oil, oil for turbines and hydraulic oil.
National security and confidential information
7
1
This regulation applies where in relation to an application or an authorisation —
a
a direction given by the Secretary of State under section 21(2) of the 1990 Act applies;
b
notice is given to the Secretary of State under section 21(4) of that Act;
c
an application is made to an enforcing authority under section 22(2) of that Act; or
d
an objection is made to such an authority under section 22(4) of that Act.
2
Subject to paragraph (3) below, the requirements of paragraph 2(1), 6(2) or 7(2) of Schedule 1 to the 1990 Act shall not apply in so far as they would require a person mentioned in regulation 4(1)(f), (g), or (h) above to be consulted on information which is not to be included in the register by virtue of section 21 or 22 of that Act.
3
Information which is not to be included in the register by virtue of section 22 of the 1990 Act shall not be excluded by paragraph (2) above if —
a
in the case of any person mentioned in regulation 4(1)(f) above, it is information about the release of any substance into a sewer vested in that person;
b
in the case of any person mentioned in regulation 4(1)(g) above, it is information about the release of any substance —
i
designated for central control;
ii
designated for local control which may involve a release of any substance into the air,
which may affect a site of special scientific interest in that person’s area; or
c
in the case of any person mentioned in regulation 4(1)(h) above, it is information about the release of any substance into a harbour managed by a harbour authority.
4
The requirements of paragraph 1(2), 6(2) or 7(2) of Schedule 1 to the 1990 Act shall not apply in so far as they would require the advertisement of information mentioned in regulation 5(3) above which is not to be included in the register by virtue of section 21 or 22 of that Act.
5
Where a matter falls to be determined under section 21 or 22 of the 1990 Act —
a
the period for notification under paragraph 2(1), 6(2) or 7(2) of Schedule 1 to that Act shall be the period of 14 days beginning 14 days after the day on which the matters to be determined under section 21 or 22 of that Act are finally disposed of;
b
the period within which an advertisement is to be published in the manner specified in regulation 5(1) above shall be the period of 28 days beginning 14 days after the day on which the matters to be determined under section 21 or 22 of the 1990 Act are finally disposed of.
6
For the purposes of paragraph (5) above, the matters to be determined under section 21 or 22 of the 1990 Act are finally disposed of —
a
on the date on which the Secretary of State determines under section 21 of that Act whether or not information is to be included in the register;
b
on the date on which the enforcing authority is treated under section 22(3) of that Act as having made a determination;
c
in a case where the enforcing authority determines under section 22(2) or (4) of that Act that the information in question is commercially confidential, on the date of the authority’s determination;
d
in a case where the enforcing authority determines under section 22(2) or (4) of that Act that the information in question is not commercially confidential, on the date on which the period for bringing an appeal expires without an appeal being brought or, if such an appeal is brought within that period, on the date of the Secretary of State’s final determination of the appeal or, as the case may be, the date on which the appellant withdraws his appeal.
Transmitted applications
8
Where an application for an authorisation is transmitted under paragraph 3(1) of Schedule 1 to the 1990 Act to the Secretary of State for determination, a request by the applicant or the enforcing authority concerned that the Secretary of State exercise one of the powers under paragraph 3(3) of that Schedule shall be made to him in writing within the period of 21 days beginning with the day on which the applicant is informed that the application is being transmitted to the Secretary of State.
Notice of appeal
9
1
A person who wishes to appeal to the Secretary of State under section 15 or 22(5) of the 1990 Act shall give to the Secretary of State written notice of the appeal together with the documents specified in paragraph (2) below and shall at the same time send to the enforcing authority a copy of that notice together with the documents specified in paragraph (2)(a) and (f) below.
2
The documents mentioned in paragraph (1) above are —
a
a statement of the grounds of appeal;
b
a copy of any relevant application;
c
a copy of any relevant authorisation;
d
a copy of any relevant correspondence between the appellant and the enforcing authority;
e
a copy of any decision or notice which is the subject-matter of the appeal;
f
a statement indicating whether the appellant wishes the appeal to be in the form of a hearing or to be disposed of on the basis of written representations.
3
If the appellant wishes to withdraw an appeal he shall do so by notifying the Secretary of State in writing and shall send a copy of that notification to the enforcing authority.
Time limit for bringing appeal
10
1
Subject to paragraph (2) below, notice of appeal in accordance with regulation 9(1) above is to be given —
a
in the case of an appeal by a person who has been refused the grant of an authorisation under section 6 of the 1990 Act, before the expiry of the period of six months beginning with —
i
the date of the decision which is the subject-matter of the appeal; or
ii
in the case Of an appeal against a deemed refusal of an application for an authorisation, the date on which the application is deemed under the provisions of paragraph 5(2) of Schedule 1 to the 1990 Act to have been refused;
b
in the case of an appeal by a person who is aggrieved by the conditions attached to his authorisation or who has been refused a variation of an authorisation on an application under section 11 of the 1990 Act, before the expiry of the period of six months beginning with the date of the decision which is the subject-matter of the appeal;
c
in the case of an appeal in respect of a decision of an enforcing authority to revoke an authorisation, before the date on which the revocation of the authorisation takes effect;
d
in the case of an appeal by a person on whom a variation notice, an enforcement notice or a prohibition notice is served, before the expiry of the period of two months beginning with the date of the notice which is the subject-matter of the appeal;
e
in the case of an appeal in respect of a decision of an enforcing authority that information is not commercially confidential, before the expiry of the period of 21 days beginning with the date of the notice of determination.
2
The Secretary of State may in a particular case allow notice of appeal to be given after the expiry of the periods mentioned in paragraph (1)(a), (b) or (d) above.
Action upon receipt of notice of appeal
11
1
Subject to paragraph (4) below, the enforcing authority shall, within 14 days of receipt of the copy of the notice of appeal in accordance with regulation 9(1) above —
a
in the case of an appeal by a person in respect of a decision of an enforcing authority to revoke an authorisation or on whom a variation notice, an enforcement notice or a prohibition notice is served, give written notice of it to any person who appears to the enforcing authority likely to have a particular interest in the subject-matter of the appeal; and
b
in any other case give written notice of it —
i
to any person who made representations to the authority with respect to the grant or variation of the authorisation; and
ii
to any person who was required to be consulted on the application under paragraph 2, 6 or 7 of Schedule 1 to the 1990 Act pursuant to regulation 4(1) above.
2
A notice under paragraph (1) above shall —
a
state that an appeal has been lodged;
b
give the name of the appellant and —
i
where the prescribed process will not be carried on by means of mobile plant, the address of the premises where the prescribed process will be carried on;
ii
where the prescribed process will be carried on by means of mobile plant, the address of this principal place of business;
c
describe the application or authorisation to which the appeal relates;
d
state that a copy of any representations made to the enforcing authority by any person mentioned in paragraph (1)(b) above will be sent to the Secretary of State and the appellant and will be considered by the Secretary of State when determining the appeal unless, within 21 days of the date of the notice, the person who made the representations requests the Secretary of State to disregard them;
e
state that representations with respect to the appeal may be made to the Secretary of State in writing by any recipient of the notice within a period of 21 days beginning with the date of the notice; and
f
state that if a hearing is to be held wholly or partly in public, a person mentioned in paragraph (1)(a) or b(i) above who makes representations with respect to the appeal and any person mentioned in paragraph (1)(b)(ii) above will be notified of the date of the hearing.
3
The enforcing authority shall, within 14 days of sending a notice under paragraph (1) above, send to the Secretary of State a copy of any representations made to that authority by any person mentioned in paragraph (1)(b) above and shall notify the Secretary of State of the persons to whom and the date on which the notice was sent.
4
The preceding provisions of this regulation do not apply in the case of an appeal brought under section 22(5) of the 1990 Act.
Written representations
12
1
Where the appellant informs the Secretary of State that he wishes the appeal to be disposed of on the basis of written representations, the enforcing authority shall submit any written representations to the Secretary of State not later than 28 days after receiving a copy of the documents mentioned in regulation 9(2)(a) and (f) above.
2
The appellant shall make any further representations by way of reply to any representations from the enforcing authority not later than 17 days after the date of submission of those representations by the enforcing authority.
3
Any representations made by the appellant or the enforcing authority shall be dated and submitted to the Secretary of State on the date they bear.
4
When the enforcing authority or the appellant submits any representations to the Secretary of State they shall at the same time send a copy of them to the other party.
5
The Secretary of State shall send to the appellant and the enforcing authority a copy of any representations made to him by the persons mentioned in regulation 11(1) above and shall allow the appellant and the enforcing authority a period of not less than 14 days in which to make representations thereon.
6
The Secretary of State may in a particular case —
a
set later time limits than those mentioned in this regulation;
b
require exchanges of representations between the parties in addition to those mentioned in paragraphs (1) and (2) above.
Hearings
13
1
The Secretary of State shall give the appellant and the enforcing authority at least 28 days written notice (or such shorter period of notice as they may agree) of the date, time and place fixed for the holding of any hearing in respect of an appeal under section 15 or 22(5) of the 1990 Act.
2
Subject to paragraph (4) and (5) below, in the case of a hearing which is to be held wholly or partly in public, the Secretary of State shall, at least 21 days before the date fixed for the holding of the hearing, publish a copy of the notice mentioned in paragraph (1) above —
a
in a case where the prescribed process will not be carried on by means of mobile plant, in a newspaper circulating in the locality in which the prescribed process which is the subject of the appeal will be carried on; and
b
in a case where the appeal is in respect of a decision of an enforcement authority to revoke an authorisation or against a variation notice, an enforcement notice or a prohibition notice in respect of a prescribed process carried on by means of mobile plant, in a newspaper circulating in the locality in which the prescribed process was carried on at the time when the notice of revocation, variation notice, enforcement notice or prohibition notice was served,
and shall serve a copy of the notice mentioned in paragraph (1) above on every person mentioned in regulation 11(1)(a) and (b)(i) above who has made representations in writing to the Secretary of State and on any person who was required under regulation 11(1)(b)(ii) above to be notified of the appeal.
3
The Secretary of State may vary the date fixed for the holding of any hearing and paragraphs (1) and (2) above shall apply to the variation of a date as they applied to the date originally fixed.
4
The Secretary of State may also vary the time or place for the holding of a hearing but shall give such notice of any such variation as appears to him to be reasonable.
5
Paragraph (2) above shall not apply in the case of a hearing in respect of an appeal brought under section 22(5) of the 1990 Act.
6
The persons entitled to be heard at a hearing are —
a
the appellant;
b
the enforcing authority; and
c
any person required under regulation 11(1)(b)(ii) above to be notified of the appeal.
7
Nothing in paragraph (6) above shall prevent the person appointed to conduct the hearing of the appeal from permitting any other person to be heard at the hearing and such permission shall not be unreasonably withheld.
8
After the conclusion of a hearing, the person appointed to conduct the hearing shall make a report in writing to the Secretary of State which shall include his conclusions and his recommendations or his reasons for not making any recommendations.
Notification of determination
14
1
The Secretary of State shall notify the appellant in writing of his determination of the appeal and shall provide him with a copy of any report mentioned in regulation 13(8) above.
2
The Secretary of State shall at the same time send —
a
a copy of the documents mentioned in paragraph (1) above to the enforcing authority and to any persons required under regulation 11(1)(b)(ii) above to be notified of the appeal; and
b
a copy of his determination of the appeal to a person mentioned in regulation 11(1)(a) and (b)(i) above who made representations to the Secretary of State and, if a hearing was held, to any other person who made representations in relation to the appeal at the hearing.
Registers
15
Subject to sections 21 and 22 of the 1990 Act, a register maintained by an enforcing authority under section 20 of that Act shall contain —
a
all particulars of any application for an authorisation made to the Authority;
b
all particulars of any notice to the applicant by the authority under paragraph 1(3) of Schedule 1 to that Act and of any information furnished in response to such a notice;
c
all particulars of any representations made by any person required to be consulted under paragraph 2, 6 or 7 of Schedule 1 to the 1990 Act pursuant to regulation 4(1) above;
d
all particulars of any authorisation granted by the authority;
e
all particulars of any variation notice, enforcement notice or prohibition notice issued by the authority;
f
all particulars of any notice issued by the authority withdrawing a prohibition notice;
g
all particulars of any notification given to the holder of an authorisation by the authority under section 10(5) of that Act;
h
all particulars of any application for the variation of the conditions of an authorisation under section 11(4)(b) of that Act;
i
all particulars of any revocation of an authorisation effected by the authority;
j
all particulars of any notice of appeal under section 15 of that Act against a decision by the authority, the documents relating to the appeal mentioned in regulation 9(2)(a), (d) and (e) above, any written notification of the Secretary of State’s determination of such an appeal and any report accompanying any such written notification;
k
details of any conviction of any person for any offence under section 23(1) of that Act which relates to the carrying on of a prescribed process under an authorisation granted by the authority, including the name of the offender, the date of conviction, the penalty imposed and the name of the Court;
l
all particulars of any monitoring information relating to the carrying on of a prescribed process under an authorisation granted by the authority obtained by the authority as a result of its own monitoring or furnished to the authority in writing by virtue of a condition of the authorisation or section 19(2) of that Act;
m
in a case where any such monitoring information is omitted from the register by virtue of section 22 of that Act, a statement by the authority, based on the monitoring information from time to time obtained by or furnished to them, indicating whether or not there has been compliance with any relevant condition of the authorisation;
n
all particulars of any report published by an enforcing authority relating to an assessment of the environmental consequences of the carrying on of a prescribed process in the locality of premises where the prescribed process is carried on under an authorisation granted by the authority; and
o
all particulars of any direction (other than a direction under section 21(2) of the 1990 Act) given to the authority by the Secretary of State under any provision of Part I of that Act.
16
1
A register maintained by a local enforcing authority which is not a port health authority shall (in addition to the particulars required by regulation 15 above) contain all particulars of such information contained in any register maintained by the chief inspector or river purification authority as relates to the carrying on in the area of the local enforcing authority of prescribed processes in relation to which the chief inspector or river purification authority has functions under Part I of the 1990 Act.
2
In Scotland, a register maintained by —
a
the chief inspector shall (in addition to the particulars required by regulation 15 above) contain all particulars of such information contained in any register maintained by a river purification authority as relates to the carrying on in the area of the authority of prescribed processes in relation to which the authority has functions under Part I of the 1990 Act;
b
each river purification authority shall (in addition to the particulars required by regulation 15 above) contain all particulars of such information contained in any register maintained by the chief inspector as relates to the carrying on in the area of the authority of prescribed processes in relation to which the chief inspector has functions under Part I of that Act.
17
Nothing in regulation 15 or 16 above shall require an enforcing authority, to keep in a register maintained by them —
a
monitoring information four years after that information was entered in the register; or
b
information which has been superseded by later information four years after that later information was entered in the register.
Michael Heseltine
Secretary of State for the Environment
6th March 1991
David Hunt
Secretary of State for Wales
6th March 1991
James Douglas-Hamilton
Parliamentary Under Secretary of State, Scottish Office
6th March 1991


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Education (Listed Bodies) Order 1991 and shall come into force on lst March 1991.
2
The bodies which are specified in the Schedule to this Order comprise all those bodies which appear to the Secretary of State to fall within section 216(3) of the Education Reform Act 1988.
3
The Education (Listed Bodies) Order 1988 and the Education (Listed Bodies) (Amendment) Order 1989 are hereby revoked.
Kenneth Clarke
Secretary of State for Education and Science
28th February 1991


text:
1
These Regulations may be cited as the Offshore Installations (Amendment) Regulations 1991 and shall come into force on 1st April 1991.
2
1
The Offshore Installations (Registration) Regulations 1972 shall be amended as follows.
2
In place of the references to the Department of Trade and Industry in regulation 3(1) and (4) there shall be substituted references to the Health and Safety Executive.
3
1
The Offshore Installations (Managers) Regulations 1972 shall be amended as follows.
2
The following paragraph shall be added to regulation 2–
3
The notices referred to in paragraphs (1) and (2) above shall be addressed to the Secretary of State at the offices of the Health and Safety Executive.
3
In place of the reference to the Secretary of State for Trade and Industry in regulation 4 there shall be substituted a reference to the Health and Safety Executive.
4
The words “To the Secretary of State for Trade and Industry” shall be omitted from the forms set out in Schedule 1 and 2.
4
1
The Offshore Installations (Logbooks and Registration of Death) Regulations 1972 shall be amended as follows.
2
In place of the reference to the Department of Trade and Industry in regulation 1(2) there shall be substituted a reference to the Health and Safety Executive.
3
In place of the reference to the Secretary of State for Trade and Industry in regulation 5 there shall be substituted a reference to the Health and Safety Executive.
5
1
The Offshore Installations (Inspectors and Casualties) Regulations 1973 shall be amended as follows.
2
In place of the references to the Secretary of State for Trade and Industry in regulations 10(a), (b) and (c), the reference to the Secretary of State in regulation 11 and the references to the Secretary of State for Trade and Industry in regulations 12(2)(b) and 14(2) there shall be substituted references to the Health and Safety Executive.
Colin Moynihan
Parliamentary Under-Secretary of State,
Department of Energy
13th March 1991


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Gateshead Community Health National Health Service Trust (Establishment) Order 1991 and shall come into force on 1st November 1991.
2
In this Order unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of or Schedule 1 to the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act
“establishment date” means 1st November 1991;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Gateshead Community Health National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called Gateshead Community Health National Health Service Trust.
Nature and functions of the trust
3
–
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be–
a
to own and manage hospital accommodation and services provided at Dunston Hill Hospital, Dunston Hill, Gateshead, Tyne and Wear, NE11 9QT and associated hospitals;
b
to manage community health services provided from Aidan House, Tynegate Precinct, Sunderland Road, Gateshead, NE8 3EP and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1 April 1992.
2
The accounting date of the trust shall be 31 March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions–
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Gateshead Health Authority shall–
a
until the operational date make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The Gateshead Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are–
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the Gateshead Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Stephen Dorrell
Parliamentary Under Secretary of State,
Department of Health
21st October 1991


text:
1
The roundabout at Ponteland Road at the junction with the A1 trunk road Newcastle Western Bypass in the City of Newcastle upon Tyne and shown by black vertical stripes on the deposited plan shall become trunk road as from the date when this Order comes into force.
2
In this Order “the deposited plan” means the plan numbered HA10/2-1N228, marked “The (A696) Ponteland Road Roundabout (Trunking) 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.
3
This Order shall come into force on 15th April 1991 and may be cited as the (A696) Ponteland Road Roundabout (Trunking) Order 1991.
Signed by authority of the Secretary of State for Transport
J A Owen
Regional Director, Northern Region,
Department of Transport
27th February 1991


text:
1
This Order may be cited as the Foreign Fields (Specification) (No. 3) Order 1991.
2
In this Order, “the Snorre Field” means the hydrocarbon accumulation within the boundary defined by lines of latitude and longitude joining the surface co-ordinates set out in the Schedule hereto.
3
The Snorre Field, being an area which is not under the jurisdiction of the government of the United Kingdom, is hereby specified as a foreign field for the purposes of the Act.
Colin Moynihan
Parliamentary Under Secretary of State,
Department of Energy
22nd August 1991


text:
Citation and commencement
1
1
This Order may be cited as the Mid Devon, Torridge and West Devon (District Boundaries) Order 1991.
2
This Order shall come into force on 27th December 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 —
“map” means one of the 7 maps prepared by the Department of the Environment, marked “Maps of the Mid Devon, Torridge and West Devon (District Boundaries) Order 1991”, duly numbered for reference, and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976;
“Mid Devon” means the district of Mid Devon, “Torridge” means the district of Torridge, and “West Devon” means the borough of West Devon;
any reference to an electoral division is a reference to an electoral division of the county of Devon; and
any reference to a ward is a reference to a ward of the borough or district to which an area is transferred, except in the expression “parish ward” where it means a ward of the parish to which an area is transferred.
Transfers between Mid Devon and West Devon
3
1
The areas marked A11, A12 and A13 on maps 5, 6 and 7 shall be transferred from Mid Devon, and from the parish of Cheriton Bishop to —
a
West Devon;
b
the parish of Drewsteignton;
c
the Drewsteignton ward, and the Hatherleigh and Chagford electoral division;
d
the Okehampton petty sessional division; and
e
the North and West Devon coroner’s district.
The area marked A11 shall additionally be transferred to the Drewsteignton (Whiddon Down) parish ward, and the areas marked A12 and A13 to the Drew steignton parish ward.
2
The areas marked A7, A8, A9 and A10 on maps 5, 6 and 7 shall be transferred from West Devon, and from the parish of Drewsteignton to —
a
Mid Devon;
b
the parish of Cheriton Bishop;
c
the Yeo ward, and the Crediton Rural electoral division;
d
the Wonford petty sessional division; and
e
the Exeter and East devon coroner’s district.
Transfers from Torridge to West Devon
4
1
The area marked A6 on map 4 shall be transferred from Torridge, and from the parish of Broadwoodwidger to —
a
West Devon;
b
the parish of Germansweek;
c
the Bridestowe ward; and
d
the Okehampton Rural electoral division.
2
The following areas in Torridge —
i
the part of the parish of Black Torrington marked A1 on map 1 ; and
ii
the part of the parish of Petrockstow marked A2 on map 2 —
shall be transferred to West Devon, to the parish of Highhampton, to the Hatherleigh ward, to the Hatherleigh and Chagford electoral division and to the Okehampton petty sessional division.
Transfers from West Devon to Torridge
5
The following areas of West Devon shown on map 3 —
i
the part of the parish of Beaworthy marked A5; and
ii
the parts of the parish of Northlew marked A3 and A4 —
shall be transferred to Torridge, to the parish of Halwill, to the Forest ward and to the Holsworthy Rural elctoral division.
Town and country planning
6
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
29th November 1991


text:
Citation and commencement
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No. 7 and No. 10) Orders 1991 Revocation Order 1991 and shall come into force at 10.00 hours on 13th September 1991.
Revocations
2
The Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No. 7) Order 1991( ) and the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No. 10) Order 1991( ) are hereby revoked.
E. C. Davison
Assistant Secretary, Scottish Office
Pentland House,
Edinburgh
13th September 1991


text:
1
The Buckinghamshire County Council H5 Portway (V9-V10) Dualling (Canal Bridge) Scheme 1990 is hereby confirmed without modifications.
2
The said Scheme as confirmed (hereinafter reffered to as “the Scheme” is set out in the Schedule hereto and copies of the Scheme with its accompanying plan are deposited at the offices of the Department of Transport, 43 Marsham Street, London SW1P 3PY and at the offices of Buckinghamshire County Council, County Hall, Alesbury, Buckinghamshire HP20 1UA.
3
The Scheme will become operative on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980
4
This Instrument may be cited as the Buckinghamshire County Council H5 Portway (V9-V10) Dualling (Canal Bridge) Scheme 1990 Confirmation Instrument 1991.
Signed by authority of the Secretary of State for Transport
J.A. Owen
Regional Director Northern Region
Department of Transport
11th January 1991


text:
Short Title and Commencement
1
These Regulations may be cited as the Packaging of Explosives for Carriage Regulations 1991, and shall come into force on 1st March 1992.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“The 1983 Regulations ” means the Classification and Labelling of Explosives Regulations 1983 ;
“approved testing laboratory” means a testing laboratory —
approved by the Secretary of State, or
outside Great Britain, approved by the competent authority;
“carriage” shall be construed in accordance with paragraph (2) of this regulation;
“certificate holder” means the person whose name is included in or identifiable from the UN mark;
“competent authority” means a person or organisation in any country which is for the time being a competent authority for the purposes of the testing and certification of packagings and the allocation of a UN mark under the United Nations Recommendations ;
“Class 1” has the meaning assigned to it by regulation 2(1) of the 1983 Regulations;
“consign” shall be construed in accordance with paragraph (3) of this regulation;
“design type” shall be construed in accordance with paragraph (4) of this regulation;
“ the Executive ” means the Health and Safety Executive;
“explosives” means explosive articles or explosive substances which —
have been assigned on classification in accordance with the 1983 Regula tions to Class 1, or
have not been classified under the 1983 Regulations or under the Classification, Packaging and Labelling of Dangerous Substances Regula tions 1984 ;
“explosive article” means an article containing one or more explosive substance;
“explosive substance” means —
a solid or liquid substance, or
a mixture of solid or liquid substances or both,
which is capable by chemical reaction in itself of producing gas at such a temperature and pressure and at such a speed as could cause damage to surroundings or which is designed to produce an effect by heat, light, sound, gas or smoke or a combination of these as a result of non-detonative self-sustaining exothermic chemical reactions;
“fireworks” means the explosive articles allocated on classification under the 1983 Regulations any of the UN Numbers 0333 to 0337;
“inner packagings” means the packagings immediately surrounding any explosives except when they are the only packagings;
“military explosive” has the meaning assigned to it by regulation 2(1) of the 1983 Regulations;
“net mass” means —
where a package has outer packagings only, the net mass of the contents, and
where the package has inner packagings and outer packagings, the combined mass of the contents and the inner packagings;
“outer packagings” means the packagings immediately surrounding any explosives where it is the only packagings and in any other case the outermost packagings;
“package” means the packagings and their contents prepared for carriage;
“packagings” means any receptacle and any closure or fastening and any components, materials or wrappings which have the purpose of enabling the packagings to perform their containment function, but does not include —
any envelope, case or contrivance forming part of an article, or
any type of cradle, crate, freight container, aircraft container, container with integral pallet, aircraft pallet or vehicle;
“small arms ammunition” means the explosive articles allocated on classification under the 1983 Regulations the UN Numbers 0012, 0014 or 0055 and which are intended exclusively for use in small arms;
“UN mark” means a mark allocated by the competent authority being a mark specified in the United Nations Recommendations to indicate that the packagings which bear it: —
correspond with a design type which has been tested successfully in accordance with, and
comply with the provisions relating to manufacture required by,
the United Nations Recommendations.
“UN Number” means United Nations Serial Number, that is to say, one of the four digit numbers devised by the United Nations and allocated by the Health and Safety Executive or the Secretary of State to an explosive article or explosive substance as a means of identification;
“unit load” means the unit formed when packages or unpackaged articles are assembled on or in a device which enables them to be mechanically handled as one unit, but which is not any type of freight container, aircraft container, container with integral pallet, aircraft pallet, or vehicle;
“unit load container” means a unit load containing military explosives the net mass of which, treating the unit load container as a single package, is greater than 400 kg which is designed to simplify handling of the explosives in it and to make them available for use quickly;
“the United Nations Recommendations” means the United Nations Recommenda tions on the Transport of Dangerous Goods based on those originally prepared by the United Nations Committee of Experts on the Transport of Dangerous Goods considered by the Economic and Social Council at its twenty-third session (Resolution 645 G ( XXIII ) of 26th April 1957) being either —
the seventh revised edition , or
a later edition (which shall include any revision or partial substitution and any such edition, revision or substitution as it has effect subject to any reservation made by or on behalf of the United Kingdom) approved from time to time by the Secretary of State which shall be in substitution for and not an alternative to the seventh revised edition.
2
When explosives are carried in or on a vehicle or vessel (which shall include a freight container attached to a vehicle or vessel), they shall, for the purposes of these Regulations, be deemed to be carried from the time they are placed in or on the vehicle or vessel for the purposes of carriage until they are removed from the vehicle or vessel.
3
For the purpose of these Regulations, a person shall be taken to consign explosives for carriage whether he does so as principal or as agent for another.
4
For the purposes of these Regulations, packagings are of the same design type if they conform in every respect, including design, size, material, thickness and manner of construction, with the specification of packagings which have satisfactorily completed tests and have been allocated a UN mark or if they differ only in having a different surface treatment.
5
For the purposes of these Regulations, a unit load container shall be treated as a single package but any other unit load shall not be so treated and the device on or in which packages or unpackaged articles are assembled in a unit load other than a unit load container shall not be treated as packagings.
6
Unless the context otherwise requires, any reference in these Regulations to a numbered regulation or schedule is a reference to the regulation or schedule in these Regulations so numbered.
Application
3
1
These Regulations shall not apply to —
a
any explosive nuclear device;
b
explosives carried or consigned for carriage for the purpose of explosive ordnance disposal, other than dumping at sea, under the direction of a member of Her Majesty’s forces, a member of a police force or a person authorised by the Secretary of State for Defence;
c
explosive articles of Class 1 which —
i
have a substantial outer casing so made and closed (if necessary) as to prevent any explosive substance escaping;
ii
either have satisfactorily completed tests carried out at a laboratory approved by the Secretary of State to show that they are robust enough to be carried without packaging and are the subject of written notification to the Executive to that effect or were manufactured before 1st September 1992 and are accompanied by a certificate to that effect;
iii
are loaded in such a way (including the use of restraining devices where appropriate) that they are safe and will not become loose when subjected to normal conditions of carriage,
iv
are adequately protected against theft, and
v
satisfy conditions approved by the Executive;
d
explosives carried in the circumstances mentioned in sections 61 or 74 of the Explosives Act 1875 or section 29 of the Consumer Protection Act 1987 ;
e
explosives carried by hand;
f
explosives carried by air or sea.
2
Regulations 7 to 9 and 11 shall not apply to explosives which are carried or consigned for carriage —
a
within private premises;
b
between one part of private premises and another in the immediate vicinity.
3
Regulations 7 to 9 and 11 shall not apply to explosives carried or consigned for carriage with a view to being exploded by the carrier or consignor or the employees of one of them in the course of their employment and not for sale where —
a
the explosive is of a class and division and of a form listed in columns 2 and 3 respectively of Part I of Schedule 1; and
b
the net mass carried in any load does not exceed 50 kg; and
c
the net mass within any item in Part I of Schedule 1 does not exceed the amount specified in column 4 of that Schedule for explosives within that item.
4
Regulations 7 to 9 and 11 shall not apply to —
a
explosives in a package which are being transhipped from one aircraft, vessel or hovercraft to another for the purpose of being carried to a place outside the United Kingdom provided that there is compliance with the appropriate packaging provisions of the International Maritime Dangerous Goods Code or the Technical Instructions for the Safe Transport of Dangerous Goods by Air , both as revised or re-issued from time to time and published respectively by the International Maritime Organisation and the Council of the Interna tional Civil Aviation Organisation;
b
explosives carried or consigned for carriage on or in connection with an international transport operation within the meaning of the Convention concerning International Carriage by Rail ( COTIF ) as revised or re-issued from time to time where such carriage conforms in every respect to the provisions of the Uniform Rules concerning the Contract for International Carriage of Goods by Rail ( CIM ) which forms Appendix B to that Convention and to the regulations ( RID ) made thereunder ;
c
explosives carried or consigned for carriage on or in connection with an international transport operation within the meaning of the European Agree ment concerning the International Carriage of Dangerous Goods by Road ( ADR ) signed at Geneva on 30th September 1957 or any revision or replacement for the time being in force and the carriage complies with the provisions of Annexes A and B to that Agreement;
d
explosives of net mass not exceeding 10 kg which have not been classified under the 1983 Regulations and which are carried solely in connection with an application for such classification;
e
explosives carried or consigned for carriage for the purpose of explosive ordnance disposal by dumping at sea under the direction of a person authorised by the Secretary of State for Defence;
f
the explosives listed in Part II of Schedule 1 where the net mass carried in any load does not exceed 50 kg and the explosives are not carried or consigned for carriage with a view to their use by a person at work or their sale.
5
Regulations 7 to 9 shall not apply to explosives carried by members, acting in the course of their duties, of Her Majesty’s forces or of visiting forces within the meaning of any of the provisions of Part I of the Visiting Forces Act 1952 where the explosives are carried from a firing range.
6
Regulations 8, 9 and 11 shall not apply to explosives carried for the purpose of any tests —
a
necessary to satisfy any conditions mentioned in regulation 3(1)(c), or
b
mentioned in regulations 8(a) or 11,
where the quantity of explosive carried is no more than is necessary for the purpose.
Packaging of Explosives
4
1
No person shall consign explosives for carriage unless they are in packagings which comply with these Regulations.
2
No person shall knowingly carry explosives unless they are in packagings which comply with these Regulations.
3
For the purposes of paragraph (2) of this regulation, packagings shall be taken to comply with regulations 7, 8 and 9 if —
a
they are marked with a UN mark; and
b
the person carrying the explosives does not know and has no reason to believe either —
i
that the packagings are not of the design type indicated by the UN mark, or
ii
that the explosives are not of a quantity and description which by these Regulations may be carried in packagings of the design type indicated by the UN mark.
4
All packagings used in or in connection with the carriage of explosives shall be adequately maintained.
Design and construction of packagings
5
1
All packagings shall be so designed and constructed that —
a
they will —
i
protect the explosives,
ii
prevent the explosives escaping, and
iii
cause no increase in the risk of unintended ignition,
when subjected to normal conditions of carriage including foreseeable changes in temperature, humidity and pressure;
b
the complete package can be handled safely in normal conditions of carriage;
c
the packagings will withstand any loading imposed on them by foreseeable stacking to which they will be subject during carriage so that they do not add to the risk presented by the explosives, the packagings' containment function is not harmed, and they are not distorted in a way or to an extent which will reduce their strength or cause instability of a stack;
d
any inner packagings and the interior of all outer packagings are free from grit or rust;
e
they do not contain or have attached to them any incompatible material, that is to say any material which, if it came into contact with the explosive substance would be capable of reacting with the explosive substance in a way which would increase the risk of unintended ignition.
2
It is hereby declared that any requirement mentioned in paragraph (1) of this regulation which falls within any more general requirement mentioned therein is without prejudice to the more general requirement.
Materials used in packagings
6
All packagings shall be of materials which are suitable for their purpose and which are so designed and of sufficient quality as to allow explosives to be carried safely and which are compatible with the explosives to be carried.
Method of packing packages of net mass not exceeding 400 kg
7
Explosives to be packed in a package of net mass not exceeding 400 kg shall be packed by the method specified for explosives of that UN number in the United Nations Recommendations (including compliance with all recommendations or requirements relevant to the use of that method for explosives of that UN Number).
Testing and certification of design types
8
All packagings used for packages of explosives of net mass not exceeding 400 kg shall be of a design type which: —
a
has been tested by an approved testing laboratory using tests approved by the competent authority, and
b
the competent authority has certified as having satisfactorily completed such tests and to which he has allocated a UN mark.
Marking of packages of net mass not exceeding 400 kg
9
All packages of explosives of net mass not exceeding 400 kg shall be marked with the UN mark allocated by the competent authority for that design type of packaging.
Use of marks on packagings
10
1
No person shall mark any packagings with a UN mark or any mark likely to be mistaken for a UN mark otherwise than by marking packagings with the UN mark allocated by the competent authority for that design type of packagings.
2
No person shall mark any packagings with a UN Mark other than with the authority of the certificate holder.
3
No person shall mark any packagings with a mark required by regulation 11(2) or any mark likely to be mistaken for such a mark otherwise than by marking packagings with the correct particulars required by that regulation for those packagings.
Packaging of explosives of net mass more than 400 kg
11
1
All packagings used for packages of explosives of net mass greater than 400 kg shall either —
a
i
have been successfully tested at a laboratory approved by the Secretary of State in accordance with standards approved by the Executive, and
ii
be registered with the Executive or the Secretary of State for Defence, or
b
have been tested to the satisfaction of a competent authority outside Great Britain;
and shall be marked with the particulars specified in Schedule 2.
2
This regulation shall not apply to any package of explosives which was prepared before 1st September 1992 and which is accompanied by a certificate to that effect.
Enforcement
12
Notwithstanding the provisions of the Health and Safety (Enforcing Authority) Regulations 1989 , the enforcing authority for the purposes of these Regulations shall in all cases be the Executive.
Certificates of exemption
13
1
Subject to paragraph (2) of this regulation, the Executive may, by a certificate in writing, exempt any person, explosives, package or packagings, or any class of person, explosives, package or packagings, from all or any of the requirements or prohibitions imposed by these Regulations and any such exemption may be granted subject to conditions and to a time limit and may be revoked by a certificate in writing at any time.
2
The Executive shall not grant any such exemption unless, having regard to the circumstances of the case and in particular to —
a
the conditions, if any, which it proposes to attach to the exemption; and
b
any other requirements imposed by or under any enactment which apply to the case,
it is satisfied that neither the health and safety of persons who are likely to be affected by the exemption nor the security of the explosives will be prejudiced.
3
The Secretary of State having responsibility for defence may in the interests of national security exempt by a certificate in writing any: —
a
military explosive;
b
person engaged in the packaging of military explosive;
c
packagings used for military explosives;
d
class of any of the foregoing,
from all or any of the requirements or prohibitions imposed by these Regulations and any such exemption may be granted subject to conditions and to a time limit and may be revoked by a certificate in writing at any time.
Saving repeals and revocations
14
1
Nothing in these Regulations shall be construed as affecting any requirement imposed by virtue of the 1983 Regulations.
2
Sections 33 and 40(3) of the Explosives Act 1875 are repealed except in their application to Northern Ireland.
3
The instruments specified in column 1 of Schedule 3 are revoked to the extent specified in column 3 of that Schedule except in their application to Northern Ireland.
Signed by authority of the Secretary of State for Transport
Christopher Chope
Parliamentary Under Secretary of State,
Department of Transport
18th September 1991


text:
1
This Order may be cited as the Education (Thames ValIey College of Higher Education Higher Education Corporation) (Dissolution) Order 1991 and shall come into force on 1st April 1991.
2
In this Order —
“the 1988 Order ” means the Education (Higher Education Corporations) Order 1988 ;
“ the Act ” means the Education Reform Act 1988;
“ the Corporation ” means Thames Valley College of Higher Education Higher Education Corporation; and
“ Ealing College ” means Ealing College of Higher Education Higher Education Corporation.
3
1
The Corporation is hereby dissolved.
2
The property, rights and liabilities of the Corporation, including the property, rights and liabilities vested in the Corporation by section 126 of the Act, as it applies in relation to the Corporation by virtue of the 1988 Order, are hereby transferred to and shall vest in Ealing College.
3
In particular any contract of employment between an employee and the Corporation (including a contract of employment which by virtue of section 127(2) of the Act, as it applies in relation to the Corporation by virtue of the 1988 Order, has effect as if originally made between the employee to which it relates and the Corporation) shall have effect as if originally made between that employee and Ealing College.
4
Without prejudice to paragraph (3) above, all the Corporation’s rights, powers, duties and liabilities under or in connection with any contract to which that paragraph applies shall by virtue of that paragraph be transferred to Ealing College and anything done before 1st April 1991 which was done, or which is deemed by virtue of section 127(3)(b) of the Act to have been done, by or in relation to the Corporation in respect of such a contract shall be deemed from 1st April 1991 to have been done by or in relation to Ealing College.
5
Paragraphs (3) and (4) above are without prejudice to any right of an employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions, but no such right shall arise by reason only of the change in employer effected by this article.
Kenneth Clarke
Secretary of State for Education and Science
8th March 1991


text:
Citation and commencement
1
These Regulations may be cited as the Food Safety (Improvement and Prohibition-Prescribed Forms) Regulations 1991 and shall come into force on 14th February 1991.
Forms prescribed for certain purposes
2
The form of a document used for the purposes of the Food Safety Act 1990 and referred to in a numbered paragraph in the table of contents in Part I of the Schedule to these Regulations is hereby prescribed as being that set out in the correspondingly numbered form in Part II of that Schedule.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed this 22nd day of January 1991.
Trumpington
Minister of State, Ministry of Agriculture, Fisheries and Food
22nd January 1991
William Waldegrave
Secretary of State for Health
22nd January 1991
David Hunt
Secretary of State for Wales
22nd January 1991
Signed by authority of the Secretary of State for Scotland
Michael B. Forsyth
Minister of State, Scottish Office
22nd January 1991


text:
Citation, commencement, interpretation and revocation
1
1
These Regulations may be cited as the Merchant Shipping (Radio and Radio-Navigational Equipment Survey) Regulations 1991 and shall come into force on July 1st 1991.
2
In these Regulations —
“appointed surveyor ” means a surveyor authorised or appointed to carry out a survey pursuant to these Regulations;
“British Telecom ” means British Telecommunications plc;
“British Telecom surveyor ” means a surveyor appointed by British Telecom to carry out a survey pursuant to these Regulations;
“cargo ship ” means a ship to which the radio rules apply, other than a passenger ship;
“Certifying Authority ” means the person who is to issue a certificate to which a survey carried out pursuant to these Regulations relates;
“Convention State ” means a state which is a party to the Safety Convention;
“passenger certificate ” means a certificate issued pursuant to section 7 of the Merchant Shipping (Safety Convention) Act 1949 or regulation 83 of the Merchant Shipping (Passenger Ship Construction and Survey) Regulations 1984 ;
“prescribed ” means prescribed in regulations made by the Secretary of State;
“proper Authority ” means in relation to a Convention State the authority appointed by the government of that state to carry out its obligations in relation to surveys and certificates;
“proper officer ” means a consular officer appointed by Her Majesty’s Government in the United Kingdom, and in relation to a port in a country outside the United Kingdom which is not a foreign country, also any officer exercising in that port functions similar to those of a superintendent;
“radio certificate ” means a cargo ship safety radiotelegraphy certificate or a cargo ship safety radiotelephony certificate, in either case in the form specified for that certificate in the appendix to the Safety Convention;
“radio-navigational equipment rules ” means Parts III, VI , VII and VIII of the Merchant Shipping (Navigational Equipment) Regulations 1984 ; and “radio- navigational equipment ” means the equipment required by those Parts;
“radio equipment ” means the equipment required by the radio rules other than radio-navigational equipment;
“radio rules ” means the Merchant Shipping (Radio Installations) Regulations 1980 , the radio-navigational equipment rules and regulations 3(5), 4(11), 11(13), 12(5), 22(8) and 39(1) of the Merchant Shipping (Life-Saving Appliances) Regulations 1980 and regulations 5(6), 6(8), 7(9), 8(11) and 10(3) of the Merchant Shipping Life-Saving Appliances) Regulations 1986 ;
“Safety Convention ” means the International Convention for the Safety of Life at Sea 1974;
“tons ” means gross tons and —
for a ship having an alternative gross tonnage under paragraph 13 of Schedule 5 to the Merchant Shipping (Tonnage) Regulations 1982 means the larger of those two tonnages, and
for a ship having its tonnage determined both under Part II and regulation 16 of those Regulations means its gross tonnage as determined under regulation 16.
3
The Merchant Shipping (Radio Installations Survey) Regulations 1981 are hereby revoked.
4
Section 33(3) of the Merchant Shipping (Safety Convention) Act 1949 is hereby modified by adding at the end “except in the case of fees payable for services performed by British Telecommunications plc pursuant to the Merchant Shipping (Radio and Radio-Navigational Equipment Survey) Regulations 1991 ”.
Survey requirement
2
1
The owner of every ship to which the radio rules apply and in respect of which, in the case of a cargo ship a radio certificate is required to be issued or renewed, and in the case of a passenger ship a passenger certificate is required to be issued or renewed, shall cause the ship to be surveyed in accordance with these Regulations to ascertain whether it complies with such of the radio rules as are applicable to the ship.
2
The survey required by paragraph (1) shall be carried out annually, subject to any extensions of the period of validity of the relevant certificate prescribed or permitted by the Secretary of State.
Surveyors
3
1
Where a survey pursuant to these Regulations is to be carried out at a port in the United Kingdom it shall be carried out by a British Telecom surveyor; provided that where the survey relates to radio-navigational equipment only it may be carried out by a surveyor of the Department of Transport.
2
Where a survey pursuant to these Regulations is to be carried out at a port outside the United Kingdom it shall be carried out, at the option of the shipowner, by
a
a British Telecom surveyor, or
b
if the port is a country or area in respect of which the Secretary of State has appointed a local surveyor, by that local surveyor, or
c
if the port is in a Convention State and the proper authority of that state so permits, by a surveyor appointed by that proper authority.
Applications for survey
4
1
Applications for surveys pursuant to these Regulations shall be made by or on behalf of the owner of the ship as follows: —
a
if the application is for a survey of radio-navigational equipment to be carried out by a surveyor appointed by the Department of Transport it shall be made to the Secretary of State;
b
if the application is for a survey to be carried out by a British Telecom surveyor it shall be made to British Telecom;
c
if the application is for a survey to be carried out by a local surveyor it shall be made to him direct or to the Secretary of State;
d
if the application is for a survey to be carried out at a port in a Convention State by the proper Authority of that state, it shall be made to that authority through the proper officer at the port in question.
2
All applications shall be accompanied by such information as the surveyor or the Certifying Authority may reasonably require.
Duties of surveyors
5
1
A surveyor appointed to carry out a survey shall survey the ship and satisfy himself that the radio equipment and the radio-navigational equipment of the ship
a
comply (subject to any exemption granted in respect of the ship) with all the requirements of the radio rules which are applicable to the ship (or, if the survey is a survey of radio-navigational equipment only, with all the requirements of the radio-navigational equipment rules) and
b
are in all respects satisfactory for the service for which the ship is intended having regard to the period for which the relevant certificate is to be issued.
2
The appointed surveyor, if satisfied as mentioned in paragraph (1), shall complete a Declaration of Survey containing such particulars as may be required by the Certifying Authority to enable it to issue the relevant certificate; and shall deliver the Declaration of Survey to the Secretary of State if the ship is a passenger ship, and in any other case to British Telecom.
Issue of radio certificates
6
On receipt of a Declaration of Survey in respect of a cargo ship, British Telecom shall, if satisfied that the ship complies with all the radio rules applicable to it (and provided that the prescribed fee has been paid), issue a radio certificate in respect of the ship in the form and for the period specified in the Safety Convention for radio certificates.
Exemptions
7
1
The Secretary of State may grant exemptions from all or any of the provisions of these Regulations (as may be specified in the exemption) for classes of cases or individual cases on such terms (if any) as he may so specify, and may, subject to giving reasonable notice, alter or cancel any such exemption.
2
Before an exemption certificate or a document granting a partial exemption from any of the radio rules is issued, the fee prescribed in respect thereof shall be paid.
Responsibilities of owner and master
8
The owner or master of every ship to which the radio rules apply shall ensure:
a
that the condition of the radio equipment and the radio-navigational equipment is maintained so as to comply with the radio rules;
b
that after any survey required by these Regulations has been completed, no material change is made in the radio equipment or the radio-navigational equipment which was subject to such survey without the approval of the Certifying Authority; and
c
that whenever an accident occurs to a ship or a defect is discovered either of which affects the efficiency or completeness of its radio equipment or its radio- navigational equipment, the accident or defect is reported at the earliest opportunity to the Secretary of State or a proper officer, either of whom shall cause investigations to be initiated to determine whether a survey is necessary and shall in that event require such a survey to be carried out. If the ship is in a port outside the United Kingdom then:
i
the master or owner shall, in addition, make such a report immediately to the proper Authority of the state in which the port is situated, and
ii
the appointed surveyor shall ascertain from the proper Authority in question that that report was duly made.
Procedure to be adopted when radio installations are deficient
9
1
In any case where the appointed surveyor determines that the condition of the radio or the radio-navigational equipment does not correspond substantially with the particulars of the radio certificate or is such that the ship is not fit to proceed to sea without danger to the ship or persons on board, he shall advise the owner or master of the corrective action which in his opinion is required, and shall notify the Secretary of State.
2
If such corrective action is not taken within such period (being a reasonable period) as the appointed surveyor may specify, he shall, at the end of that time, immediately notify the Secretary of State who may, on receipt of such notification, suspend the validity of the radio certificate issued in relation to the ship. The Secretary of State shall give notice of any such suspension to the owner and to the appointed surveyor; the appointed surveyor shall notify the master.
3
The master shall thereupon deliver up the certificate issued in relation to the ship to the appointed surveyor on demand and the owner shall on receipt of notice of suspension deliver up the duplicate to the Secretary of State.
4
When the appointed surveyor is satisfied that corrective action has been taken he shall notify the Secretary of State. The Secretary of State shall thereupon, in any case where the validity of the certificate has been suspended:
a
restore the validity of the certificate;
b
give notice thereof to the owner; and
c
return the duplicate certificate to the owner.
The appointed surveyor shall return the certificate issued in relation to the ship to the master.
5
Where the ship is not within a United Kingdom port and corrective action in accordance with paragraph (2) has not been taken, the surveyor shall in addition immediately notify the appropriate authorities of the country in which the port is situated.
Penalties
10
If a ship to which these Regulations apply proceeds or attempts to proceed to sea without the requirements of these Regulations having been complied with, the owner or master of the ship shall each be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale or, on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both.
Power to detain
11
In any case where a ship to which these Regulations apply does not comply with the requirements of these Regulations, the ship shall be liable to be detained and section 692 of the Merchant Shipping Act 1894 (which relates to the detention of a ship) shall have effect in relation to the ship, subject to the modification that for the words “this Act ” wherever they appear, there shall be substituted “the Merchant Shipping (Radio and Radio-Navigational Equipment Survey) Regulations 1991 ”.
Signed by authority of the Secretary of State for Transport
Brabazon of Tara
Minister of State,
Department of Transport
7th June 1991


text:
Citation and commencement
1
This Order may be cited as the Wireless Telegraphy Apparatus(Approval) (Test Fees) Order 1991 and shall come into force on 1st May1991.
Revocation, amendment and transitional provisions
2
1
Subject to paragraph (3) below, the Wireless Telegraphy Apparatus(Approval) (Test Fees) Order 1988 is hereby revoked.
2
The Wireless Telegraphy Apparatus (Approval) (Test Fees) Order 1990 is hereby amended by the deletion of article 4.
3
Where, for the purpose of the determination of an application forapproval received by the Secretary of State on or before 30th April1991, the whole or part of any test of apparatus is conducted on orafter the coming into force hereof, the fee to be charged in respect ofthe whole of that test shall be the fee provided for in the WirelessTelegraphy Apparatus (Approval) (Test Fees) Order 1988.
Interpretation
3
1
In this Order —
“ the Act ” means the Telecommunications Act 1984;
“apparatus” means wireless telegraphy apparatus or apparatus designed oradapted for use in connection with wireless telegraphy apparatus;
“approval” means approval under section 84 of the Act;
“fixed service” means a radiocommunication service between one fixed point and oneor more other fixed points other than a service consisting in the makingof a broadcast of sounds or visual images intended for generalreception; and
“test fee” shall be construed in accordance with article 5(1).
2
For the purposes of this Order —
a
the setting up and dismantling of the apparatus tested and anyother equipment required to conduct a test;
b
the analysis of test results;
c
the compiling of a test report; and
d
unpacking and repacking the apparatus tested,
shall be treated as part of the test, and time reasonably spent intravel wholly undertaken for the purposes of conducting a test shall betreated as time taken in conducting the test.
3
For the purposes of calculating a test fee pursuant to this Order,each period of time taken by each person involved in conducting the testshall be counted separately, and the total for each person beaggregated, and the aggregate for all persons involved divided intocomplete periods of 15 minutes, with any remaining period of 7.5 minutesor more but less than 15 minutes being counted as a complete period of15 minutes, and any remaining period of less than 7.5 minutes beingdisregarded.
Application
4
1
Subject to paragraph (2) below, this Order applies to the chargingof fees (“test fees”) in respect of the testing of apparatus conducted by the Secretaryof State for the purpose of determining an application for approval.
2
Nothing in this Order shall apply to the test fees to be charged inrespect of the testing of apparatus designed or adapted for use in afixed service.
Test fees
5
1
The test fee shall be the sum of —
a
the amount calculated in accordance with paragraph (2) below;and
b
an amount equal to the value added tax chargeable on the supply ofthat testing.
2
The amount to be included in the test fee for the purposes ofparagraph (1)(a) above shall be £12.50 per 15 minutes taken inconducting the test, subject to —
a
a minimum of £180; and
b
a maximum of £8,000.
3
For the purposes of this article, the value of the supply of testingby reference to which value added tax is chargeable shall be the amountcalculated in accordance with paragraph (2) above.
4
The Secretary of State shall, on receipt of an application forapproval in the course of the determination of which he is to conductthe testing of apparatus, estimate in complete periods of 15 minutes thetime to be taken in conducting the test and thereby estimate the amountof the test fee, and shall serve an invoice on the applicant for theamount so estimated, which shall thereupon be due and payable by theapplicant to the Secretary of State.
5
If the estimate of the test fee made pursuant to paragraph (4) abovefalls short of the test fee calculated in accordance with paragraph (1),the Secretary of State shall, on completion of the test, serve a finalinvoice on the applicant for the remainder of the test fee, which shallthereupon, and before disclosure of the test report and notification ofthe result of the application for approval, be due and payable to theSecretary of State.
6
If the estimate of the test fee made pursuant to paragraph (4) aboveexceeds the test fee calculated in accordance with paragraph (1), theSecretary of State shall, on completion of the test, repay the balanceto the applicant.
John Redwood
Minister of State,
Department of Trade and Industry
27th March 1991


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Mackerel (Specified Sea Areas) (Prohibition of Fishing) Order 1991 and shall come into force on 19th December 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;
“sea area” means a statistical sub-area or division of the International Council for the Exploration of the Sea described in the Schedule hereto.
Prohibition and exception
2
1
Subject to paragraph (2) below, fishing for mackerel (Scomber scombrus e —
a
within any part of a sea area by any British fishing boat registered in the United Kingdom; or
b
within any part of a sea area which lies inside British fishery limits by any other British fishing boat,
by handline or rod and line is prohibited during the period beginning with the date of coming into force of this Order and ending immediately before 1st January 1992.
2
The prohibition in paragraph (1)(a) above shall not apply to fishing within that part of the sea area ICES Vb (Faroes Grounds) which lies outside British fishery limits.
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 water 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 make 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 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 13th December 1991.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Strathclyde
Parliamentary Under Secretary of State, Scottish Office
11th December 1991
David Hunt
Secretary of State for Wales
12th December 1991
Peter Brooke
Secretary of State for Northern Ireland
17th December 1991


text:
1
This Order may be cited as the Public Telecommunication System Designation (Telford Telecommunications Limited) Order 1991 and shall come into force on 9th July 1991.
2
Each of the Applicable Cabled Systems is hereby designated as a public telecommunication system.
John Redwood
Minister of State,
Department of Trade and Industry
7th June 1991


text:
1
These Regulations may be cited as the Legal Advice and Assistance at Police Stations (Remuneration) (Amendment) Regulations 1991 and shall come into force on 1st April 1991.
2
In these Regulations a regulation referred to by number means a regulation so numbered in the Legal Advice and Assistance at Police Stations (Remuneration) Regulations 1989 and a reference to the Schedule means the Schedule to those Regulations.
3
1
At the end of regulation 4(3) there shall be inserted the following new paragraph —
4
Where the solicitor without good reason has failed (or, if an extension were not granted, would fail) to comply with the time limit, the determining officer may, in exceptional circumstances extend the time limit and shall consider whether it is reasonable in the circumstances to reduce the costs; provided that costs shall not be reduced unless the solicitor has been allowed a reasonable opportunity to show cause orally or in writing why the costs should not be reduced.
2
For sub-paragraph (1) of paragraph 1 of the Schedule there shall be substituted, in respect of work done on or after 1st April 1991, the following sub-paragraph —
1
1
The Board shall, subject to paragraph 2 in the case of item (a), allow fees for work allowed by it under regulation 5 at the following rates —
Class of work Rate
a
availability during duty period
£3.40 per hour saved, to a maximum of £81.60 (£3.45 per hour served to a maximum of £82.80 in respect of a solicitor whose office is situated within legal aid area 1)
b
advice and assistance to a person arrested and held in custody, or being interviewed in connection with a serious offence or to a volunteer, given
i
by a duty solicitor in unsocial hours
£56 per hour
ii
by a duty solicitor in all other hours
£42 per hour (£44.75 per hour in respect of a solicitor whose office is situated within legal aid area 1)
iii
by an own solicitor
£42 per hour (£44.75 per hour in respect of a solicitor whose office is situated within legal aid area 1)
c
travelling and waiting
i
by a duty solicitor in unsocial hours
£56 per hour
ii
by a duty solicitor in all other hours
£42 per hour (£44.75 per hour in respect of a solicitor whose office is situated within legal aid area 1)
iii
by an own solicitor
£23.50 per hour
d
advising and assisting over the telephone
£19 per item (£19.50 per item in respect of a solicitor whose office is situated within legal aid area 1)
e
routine telephone calls
£2.10 per item (£2.15 per item in respect of a solicitor whose office is situated within legal aid area 1)
Mackay of Clashfern, C.
Dated 6th march 1991
We consent,
Sydney Chapman
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 7th March 1991


text:
1
This Order may be cited as the Public Telecommunication System Designated (Cable Enfield Limited) Order 1991 and shall come into force on 14th February 1991.
2
Each of the Applicable Cabled Systems is hereby designated as a public telecommunication system.
John Redwood
Minister of State,
Department of Trade and Industry
13th January 1991


text:
1
These Regulations may be cited as the Civil Aviation (Canadian Navigation Services) (Third Amendment) Regulations 1991 and shall come into force on 1st March 1991.
2
Regulation 4(1) of the Civil Aviation (Canadian Navigation Services) Regulations 1986 shall be amended as follows —
a
in sub-paragraph (a), for the sum of $108.80 Canadian there shall be substituted the sum of $108.15 Canadian;
b
in sub-paragraph (b), for the sum of $84.15 Canadian there shall be substituted the sum of $83.65 Canadian;
c
in sub-paragraph (c), for the sum of $54 Canadian there shall be substituted the sum of $53.68 Canadian.
Signed by authority of the Secretary of State for Transport
Patrick McLoughlin
Parliamentary Under Secretary of State
Department of Transport
1st February 1991
We consent to the making of these Regulations
Thomas Sackville
Cyril Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
5th February 1991


text:
Title and Commencement
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Radioactivity in Sheep) (England) (Partial Revocation) Order 1991 and shall come into force on 11th December 1991.
Partial Revocation
2
–
1
The Food Protection (Emergency Prohibitions) (Radioactivity in Sheep) (England) Order 1991 is revoked so far as it designates those parts of the area set out in Part I of the Schedule to this Order.
2
In consequence of that revocation the designated area for the purposes of that Order is that area set out in Part II of the Schedule to this Order.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 9th December 1991.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Bassetlaw Hospital and Community Services National Health Service Trust (Establishment) Order 1991 and shall come into force on 1st November 1991.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of or Schedule 1 to the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 1st November 1991;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Bassetlaw Hospital and Community Services National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Bassetlaw Hospital and Community Services National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at Bassetlaw Hospital, Barrowby House, 9 Highland Grove, Worksop, Nottinghamshire, S81 0JN and associated hospitals;
b
to manage community health services provided from Bassetlaw Hospital and Community Health Services, Barrowby House, 9 Highland Grove, Worksop, Nottinghamshire, S81 0JN and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1992.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Bassetlaw Health Authority shall —
a
until the operational date make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The Bassetlaw Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the Bassetlaw Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Stephen Dorrell
Parliamentary Under Secretary of State,
Department of Health
21st October 1991